UAV Aerial Video for Exemption Page 1

FROM:

Robert Barber (Bobby Barber)

Over Exposure

2208 Hedgeapple Rd

Plattsmouth, NE 68048

Tel: 402-201-4327

Email: bobby@overexposurene.com

TO:

DOCKET OPERATIONS

ROOM W12-140 OF THE WEST BUILDING 

GROUND FLOOR

1200 NEW JERSEY AVENUE, SE. 

WASHINGTON, DC, 20590

Regulatory Docket No. 

PETITION FOR EXEMPTION OF:

Over Exposure

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 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 PROFESSIONAL 

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on May 20, 2015
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TABLE OF CONTENTS

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 OVER EXPOSURE SEEKS 

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

THE EXTENT OF RELIEF OVER EXPOSURE SEEKS AND THE

REASON OVER EXPOSURE SEEKS THE RELIEF...................................................11

THE REASONS WHY GRANTING OVER EXPOSURE 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.........................33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

CONCLUSION.........................................................................................................................33
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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 ReformAct 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
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SUMMARY

Over Exposure (Robert Barber (Bobby Barber)) seeks exemption from the requirements of 14 C.F.R

§§

61.113(a) & (b), 91.109, 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 ReformAct of 2012 (FMRA). This exemption will permit

Over Exposure to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography of Real Estate Properties (for homeowners, realtors, 

home builders, home contractors and / or home inspectors for real estate marketing and 

inspection of home exteriors) as well as filming of special events, film sets, scripted and 

unscripted television sets and landscape, conducting power line inspection, aerial mapping, 

surveying and search and rescue over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Over Exposure is a production company based in Nebraska specializing in real estate 

videography, photography, music video production, special event production and film and 

television production. Over Exposure’s objective is to conduct aerial photography and

videography in order to provide high quality digital imaging and video content to its clients, in

particular to homeowners,

real estate agents, realtors, home builders, home contractors, and/or home inspectors for real estate 

marketing and inspections of home exteriors as well as filming of special events, film sets,

scripted and unscripted television sets and landscape, conducting power line inspection, aerial 

mapping, surveying and search and rescue utilizing DJI Phantom 2 Vision+ and/or DJI Phantom 3

UAS. More specifically, Over Exposure aerial video and photography operations will serve in the

following areas:

• Aerial photography of houses / residential and commercial buildings and power lines

• Aerial videography of houses / residential and commercial buildings and power lines

• Aerial event photography

• Aerial event filming

• Aerial Film & Television production
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• Aerial search and rescue and safety inspections

• Increase public knowledge of UAS and promote safe UAS operations.
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The proposed aerial filming will be conducted by a FAA commercial pilot license holder.

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, Phantom 3 Professional UAS

Over Exposure seeks an exemption to operate DJI systems DRONES for compensation

or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional are vertical 

takeoff and landing (VTOL) Unmanned Aircrafts (UAS) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The DJI Phantom 2+, DJI Phantom 3

Professional have 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+, DJI Phantom 3 Professional UAS are 

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

The DJI Phantom 2 Vision+, DJI Phantom 3 Professional UAS that will be operated by

Over Exposure (trained professional), 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, Over Exposure, 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 Phantom 3

Professional UAS

in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.109, 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
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with the unmanned aircraft and its operation, Over Exposure operation of DJI Phantom 2

Vision+, DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and 

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

Subpart H. Accordingly, Over Exposure 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. 

Over Exposure submits that the requested relief is proper since an equivalent

level of safety will be ensured. Over Exposure will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS’s 

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

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

Instruction Manual). Furthermore, Over Exposure will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UAS.

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

and limitations: Pilot In Command, is requested by Over Exposure to the extent necessary to

allow a Pilot in Command (PIC) holding a Commercial Pilots License,

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+, DJI Phantom 3 Professional UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

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

Over Exposure seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 Vision+, DJI Phantom 3 Professional UAS do not require an 

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

Exposure submits that it will ensure that the Phantom 2 Vision+, DJI Phantom 3

Professional UAS are in an airworthy condition, prior to every flight, by determining that the 

UAS’s are in compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 2 Vision+, DJI Phantom 3 Professional Instruction Manual), and that the

aircraft are in a condition for safe flight. Over Exposure also seeks an exemption from the

requirements of Section
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91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+, DJI Phantom 3 Professional 

UAS will not have a typical barometric altimeter onboard. However, altitude information of the 

DJI Phantom 2 Vision+, DJI Phantom 3 Professional UA 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 Over Exposure’s operation of the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional UAS within visual line of sight, at or below 200 feet AGL, will ensure a 

level of safety equivalent to Section 91.121.

Additionally, Over Exposure seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Over Exposure 

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

3

Professional UA during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 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, Over Exposure 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: 

Robert Barber (Bobby Barber)

Over Exposure

(parent company Country Networks LLC)

2208 Hedgeapple Rd

Plattsmouth, NE 68048

Tel: 402-201-4327

Email: bobby@overexposurene.com
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B. The Specific Sections Of 14 C.F.R. From Which Over Exposure Seeks

Exemption.

1. (removed)

2. Over Exposure 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. Over Exposure 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.
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4. Over Exposure 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. Over Exposure 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. Over Exposure 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. Over Exposure 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
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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. Over Exposure 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
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aircraft and its appliances are maintained.

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

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

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

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

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

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

propellers, and appliances.

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

prescribed:

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

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

work is performed.

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

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent Of Relief Over Exposure Seeks And The Reason Over Exposure Seeks

The Relief.

1. Extent Of Relief Over Exposure Seeks And The Reason UAV Aerial

Video 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 Supplemental Pilot 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
UAV Aerial Video for Exemption Page 13

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, Over Exposure submits that an equivalent level of

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

Phantom 2 Vision+, Phantom 3 Professional UA 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+, Phantom 3 Professional 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, Over 

Exposure submits that all flights of the DJI Phantom 2 Vision+, Phantom 3

Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Over Exposure business; and (2) will not carry passengers or

property for compensation or hire.

Over Exposure believes that though UAS are not traditional aircrafts, a PIC 

operating the UA must have knowledge of Airman rules, basic Airspace and 

comply with all the rules proposed by the FAA. However, considering the fact

that a UA is almost like a toy, weighing less than a skinny person, the PIC may be

except from obtaining a Private Pilot Certificate, a Sports Certificate, a 

Recreational Certificate considering these certificates require flight hours of 

several thousand tons weighing aircrafts. The operation of UAS by Over 

Exposure is strictly for entertainment / informational purposes, thus the

operators of the UAS have a career and / or freelance employment as a Camera

Operator and Cinematographer and will be not be entertaining a career as a pilot.

Lastly, Over Exposure PICs will operate the UAS no higher than 200 feet,

consequently causing no danger do any other aircraft in the NAS. However,

Over Exposure Proposes PIC Certification as a Supplemental

pilot and a minimum requirement of successfully completed private pilot ground

school. Additionally, supplemental pilots without a current FAA private pilot
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certificate must have successfully passed the private pilot, commercial pilot, or 

airline transport pilot knowledge test within the past 24 calendar months.

2. Extent Of Relief Over Exposure Seeks And The Reason UAV Aerial

Video 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 Over Exposure to determine that the DJI Phantom

2 Vision+, Phantom 3 Professional UAS are in airworthy condition

prior to every flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., the Over Exposure Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3 Professional 

Instruction Manual). Over Exposure seeks the requested relief because the

DJI Phantom 2

Vision+, Phantom 3 Professional UAS do not require an airworthiness certificate in 

accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Over Exposure will ensure that the DJI

Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance

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

Phantom 2 Vision+, Phantom 3 Professional 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 Over Exposure Seeks And The Reason UAV Aerial

Video 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+, Phantom 3 Professional UAS, 

which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA 

to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control 

(ATC) in feet above ground level (AGL), Over Exposure seeks the

requested relief because the DJI Phantom 2 Vision+, Phantom 3 Professional 

UA’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field
UAV Aerial Video for Exemption Page 15

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+, Phantom 3 Professional UAS are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground 

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

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

4. Extent Of Relief Over Exposure Seeks And The Reason UAV Aerial

Video 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+, Phantom 3 Professional 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. Over 

Exposure 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+, Phantom 3 UA will severely constrain the practicality of any 

aerial video or still photo flight operations that Over Exposure proposes to 

conduct pursuant to this Petition.

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

Vision+, Phantom 3 Professional UAS operating documents, and Over Exposure

proposed operating limitations, ensure that Over Exposure will safely operate

the battery powered DJI Phantom 2

Vision+, Phantom 3 Professional 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

4.5 minutes.
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! ! 5. Extent Of Relief Over Exposure Seeks And The Reason Over Exposure Seeks

Relief From Section 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, Over Exposure 

requests relief from these Sections because the DJI Phantom 2 Vision +, Phantom

3 Professional UAS do not require airworthiness certificates. As set forth more 

fully below, the DJI Phantom 2 Vision+, Phantom 3 Professional UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Over Exposure will use trained technicians to perform

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

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

(i.e., the Over Exposure Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 2 Vision+, Phantom 3 Professional Instruction Manual).

Furthermore, Over Exposure will document and maintain all maintenance

records for the DJI Phantom 2 Vision+, Phantom 3

UAS.

D. The Reasons Why Granting Over Exposure 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 Over 

Exposure to safely, efficiently, and economically perform aerial video and

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

of the United States.

Additionally, use of the DJI Phantom 2 Vision+, Phantom 3 Professional UAS will 

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

economy. Notably, the benefits of Over Exposure’s proposed operation of the DJI 

Phantom 2 Vision+, Phantom 3 UAS will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.
UAV Aerial Video for Exemption Page 17

The DJI Phantom 2 Vision+, Phantom 3 Professional UA 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+, Phantom 3 Professional 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+, Phantom 3 Professional UA 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+, Phantom 3 UAS.

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

Professional UAS, 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+, Phantom 3 Professional 

UAS 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+, Phantom 3 Professional UA, 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+, Phantom 3 Professional UAS to

perform aerial acquisitions, the substantial risk to life and property in the air and
UAV Aerial Video for Exemption Page 18

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+, Phantom 3 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+, Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+, Phantom 3

Professional is also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 2 Vision+, 

Phantom 3 Professional UAS will allow United States based companies, like Over 

Exposure, 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+, Phantom 3 Professional UAS is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but provides 

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

By operating the DJI Phantom 2 Vision+, Phantom 3 Professional UAS,

companies such as Over Exposure, 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
UAV Aerial Video for Exemption Page 19

performance of U.S. companies, through commercial use of the DJI Phantom 2

Vision +, Phantom 3 Professional UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows 

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

both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Over Exposure proposed operation of the DJI Phantom 2

Vision+, Phantom 3 UAS will not implicate any privacy issues. Specifically, the

DJI Phantom 2 Vision+, Phantom 3 Professional UAS will be operated only in

compliance with operating documents (i.e., the Over Exposure Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2

Vision+, Phantom 3 Professional 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 Over Exposure Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+, Phantom 3 Professional 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, Over Exposure operation of the DJI Phantom 2

Vision+, Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and will

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

Section 333 provides authority for a UAS to operate without airworthiness

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

hazard to users of the NAS or the public, or otherwise pose a threat to national security.
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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 rule-making 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, Over Exposure submits that the DJI Phantom 2

Vision+, Phantom 3 Professional UAS can operate safely in the NAS pursuant to 

FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 2 Vision+, Phantom 3 Professional UAS;

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

a. The Specifications Of The DJI Phantom 2 Vision+, Phantom 3 Professional

UAS Demonstrate Its Safe Characteristics.
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The DJI Phantom 2 Vision+, Phantom 3 Professional UAS does not create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national 

security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+, Phantom 3

Professional UAS.

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

Professional UAS is set forth by the DJI Phantom 2 Vision+, Phantom 3

Professional Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 2 Vision+, Phantom 3 Professional UAS Autonomous 

Flight And Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area. The DJI Phantom 2 Vision+, Phantom 3

Professional UAS 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+, Phantom 3 UAS is provided at pages 25-35 

of the DJI Phantom 2 Vision+, User Manual, attached hereto as

Exhibit B & D (Phantom 3 User Manual will be available after May 15,

2015; however, is very similar to DJI Phantom 2 Vision+ User Manual).

iii. The DJI Phantom 2 Vision+, Phantom 3 Professional UAS 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+ UA will remains stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+, Phantom

3 Professional UA does not reacquire control link data from the GCS, the

UA will assume that the Control Link is lost and the UA 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+, Phantom 3 Professional UAS 

are set forth at
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pages 27 through 29 of the DJI Phantom 2 Vision+, (Phantom

3) Professional User Manual, attached hereto as B & D.

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

Operation.

A complete description of the operation and specifications of the DJI 

Phantom 2 Vision+, Phantom 3 GCS and flight control software is 

provided at pages 32 through 43 of the DJI Phantom 2 Vision+, (Phantom

3) Professional User Manual. DJI Phantom 2 Vision+ User Manual is 

attached hereto as Exhibit B & D.

b. Flight Operations Of DJI Phantom 2 Vision+, Phantom 3 Professional 

UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer.

Over Exposure 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+, Phantom 3 Professional UAS. Additionally, a safety observer will

assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+, Phantom 3 Professional UAS Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 2

Vision+, Phantom 3 Professional UAS 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+, Phantom 3 Professional

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant.
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2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography for homeowners, Realtors, home builders, 

contractors, home inspectors for use in real estate marketing and real estate inspections. 

Additionally, aerial video and photography may be conducted on occasional basis for 

film and television sets, special events and landscape photography, conducting power 

line inspection, aerial mapping, surveying as deemed necessary.

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s).

4. The UAS must be operated at an altitude of no more than 200 (500 per the User 

Manual) 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

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.
UAV Aerial Video for Exemption Page 24

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
UAV Aerial Video for Exemption Page 25

functional test flight must make an entry in the aircraft records.

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

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

relevant sections of the operating documents.

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning the 

UAS to service.

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

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a Suplemental Pilot certificate and at least a current 

third- class medical certificate. Supplemental pilots must have, at a minimum, 

successfully completed private pilot ground school. Additionally, supplemental pilots 

without a current FAA private pilot certificate must have successfully passed the private 

pilot, commercial pilot, or airline transport pilot knowledge test within the past 24 

calendar months.

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
UAV Aerial Video for Exemption Page 26

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. 

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
UAV Aerial Video for Exemption Page 27

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.
UAV Aerial Video for Exemption Page 28

29. The UAS 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 

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.
UAV Aerial Video for Exemption Page 29

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

Over Exposure 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

+, Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision

+, Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive

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

and structures.

Considering Over Exposure 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+, Phantom 3 Professional UAS, Over Exposure 

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

would not correlate to the airmanship skills necessary for Over Exposure 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).

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, Over Exposure will ensure that the DJI Phantom 2

Vision+, Phantom 3 Professional 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.
UAV Aerial Video for Exemption Page 30

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+, Phantom 3 Professional UA 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 Over Exposure’s operation of the DJI Phantom 2

Vision+, Phantom 3 Professional 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).

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+, Phantom 3 Professional UAS; (2) the limitations on the proposed flight 

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

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

Phantom 3 Professional UA 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
UAV Aerial Video for Exemption Page 31

Vision+, Phantom 3 Professional UAS; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+, 

Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when 

the UAS experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom Vision+, Phantom 3 UAS 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 

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, Over Exposure 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 Over Exposure will use trained technicians to perform maintenance, alterations,

or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating documents (i.e., the Over Exposure Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3 Professional 

Instruction Manual). Furthermore, Over Exposure will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+, Phantom 3 Professional UAS.

Since the DJI Phantom 2 Vision+, Phantom 3 Professional UAS will be inspected as prescribed
by the operating documents, Over Exposure will maintain the equivalent level of safety

Over Exposure for Exemption Page 32
UAV Aerial Video for Exemption Page 33

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

Phantom 2 Vision+ User Manual is attached hereto as Exhibit B & D; a copy of the DJI Phantom

2 Vision+, Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Over Exposure 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+, Phantom 3 Professional UAS 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 Over Exposure proposed operating limitations, the

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

Professional UAS, Over Exposure 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.

In accordance with Section 333 of the FAA Modernization and ReformAct of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Over Exposure requests that

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

Vision+, Phantom 3 Professional UAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by 14

C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b),

91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions 

will permit safe
UAV Aerial Video for Exemption Page 34

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+, Phantom 3 Professional UAS, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety 

standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled 

Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. See 14 C.F.R. § 21.16.

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

may prescribe special conditions for Over Exposure’s intended operation of the DJI Phantom

2 Vision+, Phantom 3 UAS, which contain such safety standards that the Administrator finds 

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

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

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

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

From Which Over Exposure Seeks Exemption:

Over Exposure 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).
UAV Aerial Video for Exemption Page 35

A Brief Description Of The Nature Of The Exemption Over Exposure Seeks: 

This exemption will permit Over Exposure 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 UAV Aerial

Video Request.

This Petition is made pursuant to the FAA Modernization and ReformAct of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Over Exposure request for exemption may be granted

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS 

will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

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

certification. As discussed in detail above, Over Exposure will operate the DJI Phantom 2

Vision +, Phantom 3 Professional UAS safely in the NAS, without creating a hazard to users of

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

CONCLUSION

As set forth herein, Over Exposure seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and ReformAct of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 2 Vision+, Phantom 3 Professional UAS 

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 

ReformAct of 2012, while also advancing the interests of the public, by allowing UAV

Aerial Video to safely, efficiently, and economically operate the DJI Phantom 2 Vision+, Phantom

3 Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA
UAV Aerial Video for Exemption Page 36

Modernization and ReformAct of 2012, Section 333, Over Exposure 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 Over Exposure to operate the DJI

Phantom 2 Vision +, Phantom 3 Professional UAS commercially for the purpose of conducting 

aerial video and photography of Real Estate Properties (for homeowners, realtors, home 

builders, home contractors and / or home inspectors for real estate marketing and inspection of 

home exteriors) as well as filming of special events, film sets, scripted and unscripted television 

sets and landscape as well as conducting power line inspection, aerial mapping, surveying and search

and rescue over certain areas of the United States.

Respectfully submitted by, Robert Barber (Bobby Barber)

Robert Barber

Over Exposure

2208 Hedgeapple Rd

Plattsmouth, NE 68048

402-201-4327

bobby@overexposurene.com

Appendixes:

A – DJI Phantom 2 Vision+ Specifications Data Sheet

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

C – DJI Phantom 3 Professional Specifications Data Sheet

D – DJI Phantom 3 Manufacturer’s User Manual

E – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Over Exposure 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
UAV Aerial Video for Exemption Page 37

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 - 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
UAV Aerial Video for Exemption Page 38

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

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
Coastal Luxury Films Petition for Exemption Section 333 FAA

APPENDIX-B

DJI Phantom 2 Vision+ Manufacturer's User Manual

(uploaded in a separate attachment, a 72-page document)
Over Exposure petition for Exemption 38

APPENDIX – C

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

AIRCRAFT

Weight (Including Battery And Propellers) 1280 g 

Diagonal Size (Including Propellers) 590 mm 

Max Ascent Speed 5 m/s 

Max Descent Speed 3 m/s 

Hover Accuracy

• Vertical: +/- 10cm

• Horizontal: +/- 1m

Max Speed 16 m/s (ATTI mode, no wind) 

Max Altitude Above Sea Level 6000 m

OperatingTemperature 0°C to 40°C

Gps Mode GPS/GLONASS

GIMBAL

Controllable Range Pitch -90° to +30° 

Stabilization 3-axis (pitch, roll, yaw)
Over Exposure petition for Exemption 39

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed) 

Video Output Port USB

OperatingTemperature 0°C- 40°C

Battery 6000 mAh LiPo 2S 

Mobile Device Holder For tablet or phone 

Receiver Sensitivity (1%Per) -101 dBm ±2 dBm 

Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Working Voltage 1.2 A @7.4 V

BATTERY CHARGER

Voltage 17.4 V 

Rated Power Phantom 3 Professional 100 W
Over Exposure petition for Exemption 40

INTELLIGENT FLIGHT BATTERY

Capacity 4480 mAh 

Voltage 15.2 V 

Battery Type LiPo 4S 

Energy 68 Wh 

Net Weight 365 g

Max Flight Time Approximately 23 minutes

OperatingTemperature -10°C to 40°C 

Max Charging Power 100 W
Over Exposure petition for Exemption 41

APPENDIX – D

DJI Phantom 3 Professional Manufacturer’s User Manual

(uploaded in a separate attachment, a 58-page document)
Over Exposure petition for Exemption 42

APPENDIX – E

MONTHLY MAINTENANCE LOG

month: year:

UAS

#

Date Issue

Discovered

Date Issue

Addressed

Issue Description & 

Maintenance Conducted

Maintenance 

Performed By: 

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration

Dampening

Other: