UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

JEAN-JACQUES BENOIST

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 Plus UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on

JEAN-JACQUES BENOIST

100 Spruce Pine Lane

Mill Spring NC 28756

828-894-0425 

jjbenny@windstream.net
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....................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JEAN-JACQUES BENOIST 

SEEKS 

EXEMPTION................................................................................................6

THE EXTENT OF RELIEF JEAN-JACQUES BENOIST SEEKS AND THE

REASON JEAN-JACQUES BENOIST SEEKS THE RELIEF..................................11

THE REASONS WHY GRANTING JEAN-JACQUES BENOIST’S REQUEST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT JEAN-JACQUES BENOIST’S 

REQUEST..................................................................................................31

CONCLUSION.....................................................................................................31

APPENDICES.....................................................................................................33
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

JEAN-JACQUES BENOIST 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

JEAN-JACQUES BENOIST to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of real estate, landscape over 

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JEAN-JACQUES BENOIST provides his clients with expertise and knowledge in 

advanced technologies and solutions to increase efficiency, productivity and 

effectiveness. JEAN-JACQUES BENOIST has has logged 100 hours of

recreational/hobby experience operating Unmanned Aircraft Systems (UAS). The 

objective of JEAN-JACQUES BENOIST and his aerial operations is to provide high 

quality imaging for a variety of commercial, public, and residential uses, specifically 

targeting but not limited to:

• Real-estate marketing

• Commercial Landscape 

Photography

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus UAS

JEAN-JACQUES BENOIST seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 Vision Plus is a vertical takeoff 

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

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

maximum gross weight of approximately 2 pounds 13 ounces, while having a length of 

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

approximately 31 knots. The DJI Phantom 2 Vision Plus UA is equipped with four main 

rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 2 

Vision Plus UA that will be operated by JEAN-JACQUES BENOIST 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, JEAN-JACQUES BENOIST, pursuant to the provisions of the Federal

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

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the DJI Phantom

2 Vision Plus UAS in the National Airspace System (NAS), and for an exemption from 

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

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

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

unmanned aircraft and its operation, JEAN-JACQUES BENOIST operation of DJI Phantom

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

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

Accordingly, JEAN-JACQUES BENOIST 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.

JEAN-JACQUES BENOIST submits that the requested relief is proper since an 

equivalent level of safety will be ensured. JEAN-JACQUES BENOIST will use 

experienced personnel

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

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

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction 

Manual). Furthermore, JEAN-JACQUES BENOIST will document and maintain

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

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

privileges and limitations: Pilot in command, is requested by JEAN-JACQUES 

BENOIST to

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

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

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

operate the DJI Phantom 2 Vision Plus UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

JEAN-JACQUES BENOIST seeks relief from Section 91.7(a), entitled Civil aircraft 

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

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

JEAN-JACQUES BENOIST submits that he will ensure that the DJI Phantom 2 Vision Plus UAS is

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

UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 2 Vision Plus Instruction Manual), and that the aircraft is in a 

condition for safe flight.
JEAN-JACQUES BENOIST also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision Plus UA will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision Plus

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 JEAN-JACQUES BENOIST’s operation of the DJI Phantom 2 Vision Plus UAS

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, JEAN-JACQUES BENOIST seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. JEAN-JACQUES 

BENOIST submits that safety will not be affected by operation of the DJI Phantom 2 Vision Plus

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 cruising 

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

In accordance with 14 C.F.R. § 11.81, JEAN-JACQUES BENOIST

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: 

JEAN-JACQUES BENOIST

100 Spruce Pine Lane

Mill Spring, NC 27656

jjbenny@windstream.net

B. The Specific Sections Of 14 C.F.R. From Which JEAN-JACQUES BENOIST 

Seeks

Exemption.

1. JEAN-JACQUES BENOIST Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

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

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

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

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.

2.JEAN-JACQUES BENOIST 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. JEAN-JACQUES BENOIST 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. JEAN-JACQUES BENOIST 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. JEAN-JACQUES BENOIST 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. JEAN-JACQUES BENOIST 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. JEAN-JACQUES BENOIST Seeks Exemption From The

Requirements

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

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

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

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

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

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or

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

accordance with part 21 of this chapter.

8. JEAN-JACQUES BENOIST 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 

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 JEAN-JACQUES BENOIST Seeks And The Reason

JEAN-JACQUES BENOIST Seeks The Relief.

1. Extent Of Relief JEAN-JACQUES BENOIST Seeks And The Reason

JEAN-JACQUES BENOIST Seeks Relief From Section 61.113(a) And (b).

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

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

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

has met certain flight-hour and currency requirements, to conduct the proposed

UAS flight operations for compensation or hire. This relief is requested since the limitations set 

forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as 

PIC of an aircraft in connection with any business or employment if: (1) The flight is only
incidental to that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire. As set forth more fully below, JEAN-JACQUES BENOIST submits

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

DJI Phantom 2 Vision Plus UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2

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

exemption, including evasive and emergency maneuvers, as well as maintain JEANJACQUES BENOIST submits that all flights of the DJI Phantom 2 Vision Plus UAS, conducted 

by the PIC pursuant to the grant of this Petition: (1)

will be incidental to JEAN-JACQUES BENOIST’s business; and (2) will not 

carry passengers or property for compensation or hire.

2. Extent Of Relief JEAN-JACQUES BENOIST Seeks Relief And The Reason

JEAN-JACQUES BENOIST 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 JEAN-JACQUES BENOIST to determine that the DJI Phantom 2 Vision Plus UAS is in 

airworthy condition prior to every flight by ensuring that the UAS is

in compliance with the operating documents (i.e., the JEAN-JACQUES BENOIST Aerial

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

Instruction Manual).

JEAN-JACQUES BENOIST seeks the requested relief because the DJI Phantom 2 Vision Plus UAS

does not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, JEAN-JACQUES BENOIST will ensure that the DJI Phantom

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

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

Manual) prior to every flight, and further, determine that the aircraft is in 

condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief JEAN-JACQUES BENOIST Seeks And The Reason

JEAN-JACQUES BENOIST Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 2 Vision Plus UAS, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to

downlink altitude information from the UA to the PIC at the ground control station (GCS). 

Since the FAA requires that any altitude information concerning UAS operations be

reported to air traffic control (ATC) in feet above ground level (AGL), JEAN-JACQUES BENOIST

seeks the requested relief because the DJI Phantom 2 Vision Plus UA’s altimeter may be set on 

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

flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, an equivalent level of safety will be maintained 

since the DJI Phantom 2 Vision Plus UA is 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 JEAN-JACQUES BENOIST Seeks And The Reason

JEAN-JACQUES BENOIST Seeks Relief From Section 91.151(b).

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

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

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. 

JEAN-JACQUES BENOIST seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision Plus UA

will severely constrain the practicality of any aerial video or still photo

flight operations that JEAN-JACQUES BENOIST proposes to conduct pursuant to this

Petition.

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

UAS, the DJI Phantom 2 Vision Plus operating documents, and

JEAN-JACQUES BENOIST’s proposed operating limitations, ensure that JEAN-JACQUES 

BENOIST will safely operate the battery powered DJI Phantom 2 Vision Plus 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 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 JEAN-JACQUES BENOIST Seeks And The Reason

JEAN-JACQUES BENOIST 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, JEAN-JACQUES BENOIST requests

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

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

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

Accordingly, JEAN-JACQUES BENOIST 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 JEAN-JACQUES BENOIST Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). 

Furthermore, JEAN-JACQUES BENOIST will document and maintain all maintenance records for 

the DJI Phantom 2 Vision Plus UAS.

D. The Reasons Why Granting JEAN-JACQUES BENOIST 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 JEAN-JACQUES BENOIST

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

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

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

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

of JEAN-JACQUES BENOIST’s proposed operation of the DJI Phantom 2 Vision Plus UAS will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.
The DJI Phantom 2 Vision Plus UA is battery powered and serves as a safe,

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

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

acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision Plus 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 Plus UA does 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 Plus UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus 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 Plus 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 Plus UA, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather 

than an internal combustion engine.

By using the DJI Phantom 2 Vision Plus UAS to perform aerial acquisitions, the substantial 

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI 

Phantom 2 Vision Plus UA (weighing approximately 2 pounds 11

ounces, at it’s maximum gross weight with a length of 16 inches, width of 16 inches , and with no 

fuel on board), has less physical potential for collateral damage to life and property on the ground, 

and in the air, 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 Plus UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision Plus UAS is also

an economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the JI Phantom 2 Vision Plus UAS will allow United States

based companies, like JEAN-JACQUES BENOIST, 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 JI Phantom 2 Vision

Plus 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 Plus UAS, companies such as JEAN-JACQUES BENOIST, 

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 Plus 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, 

JEAN-JACQUES BENOIST’s proposed operation of the DJI Phantom 2 Vision Plus UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 2 Vision Plus UAS will be operated 

only in compliance with operating documents (i.e., the JEAN-JACQUES BENOIST Aerial 

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

Manual) which requires property owner involvement as well as local law enforcement notification, 

and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which JEAN-JACQUES BENOIST Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision Plus UA 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, JEAN-JACQUES BENOIST’s operation of the DJI 

Phantom 2

Vision Plus UAS meet the conditions of FMRA Section 333, and will not require an airworthiness 

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

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

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, 

in part:

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

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

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, JEAN-JACQUES BENOIST submits that the DJI Phantom 2 Vision Plus

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 2 Vision Plus UAS; (b) the pilot certification requirement; and (c) 

the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision Plus UAS 

Demonstrates Its Safe Characteristics.

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

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

and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision Plus UAS.

The technical specifications of the DJI Phantom 2 Vision Plus UAS are set forth by the 

DJI Phantom 2 Vision Plus UAS User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 2 Vision Plus UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area.

The DJI Phantom 2 Vision Plus 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 Plus UAS is provided at pages 26-36 of the DJI Phantom 2 Vision

Plus UAS User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 2 Vision Plus UAS IS 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 Plus UA will remain
stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus UA

do 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 Plus UAS are set forth 

at pages 31 through 34 of the DJI Phantom 2 Vision Plus User Manual, attached hereto as 

Appendix A.

iv. The DJI Phantom 2 Vision Plus UAS GCS And Its Operation.

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

UAS GCS and flight control software is provided at pages 42 through 60 of the DJI Phantom 2

Vision Plus User Manual. DJI Phantom 2 Vision Plus User Manuals are attached hereto as

Appendix A.

b. Flight Operations Of DJI Phantom 2 Vision Plus UAS Is

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

A Safety Observer.

JEAN-JACQUES BENOIST will act as a pilot in command (PIC) of the

DJI Phantom 2 Vision Plus UAS. Additionally, JEAN-JACQUES BENOIST will provide a safety 

observer to assist the PIC during flight time.

c. Flights Of DJI Phantom 2 Vision Plus UAS Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, JEAN-JACQUES BENOIST proposes to commercially operate 

DJI Phantom 2 Vision Plus 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 f

ollowing aircraft described in the operating documents, rotorcraft UASs w

eighing less than 55 pounds maximum gross weight: 

Unmanned Aircraft System. Proposed operations of any other aircraft 

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

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

for the purpose of aerial video and photography. 

 

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

4. The UA must be operated at an altitude of no more than 400 feet above grou

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

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

ed 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 devi

ce 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 sati

sfy 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.

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 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.
18. 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.

19. 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.

20. The UA may not be operated less than 400 feet below or less than 2,000 

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

the PIC.

21. If the UA loses communications or loses its GPS signal, it must return to a 

pre- determined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

23. 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.

24. 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.

25. 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.
26. 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.

27. 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.

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

operations and activities at all times.

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

30. 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).

31. 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.
32. 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.

JEAN-JACQUES BENOIST 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 Plus 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 Plus UAS

in a manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering JEAN-JACQUES BENOIST’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 Plus UAS, JEANJACQUES BENOIST submits that the additional manned airmanship experience of a 

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

JEAN-JACQUES BENOIST’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).

JEAN-JACQUES BENOIST will not allow any PIC to operate the DJI Phantom 2 Vision Plus UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or

the DJI Phantom 2 Vision Plus UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 Vision Plus UAS in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

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

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5

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

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 

3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that 

was obtained in compliance with applicable regulations will ensure an equivalent level of 

safety during JEAN-JACQUES BENOIST’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, JEAN-JACQUES BENOIST will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2 Vision Plus 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 Plus UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

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, JEAN-JACQUES BENOIST will ensure that the DJI Phantom 2 Vision Plus UAS

is in an airworthy condition based upon the UAS’s compliance with its

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

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

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

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

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

4. Reasons Why An Exemption From The Requirements Of Section 91.121
Would Not Adversely Affect Safety.

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

altitude information of the DJI Phantom 2 Vision Plus 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 JEAN-JACQUES BENOIST’s operation of the DJI Phantom 

2

Vision Plus UA 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 Plus UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, JEAN-JACQUES BENOIST will 

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

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 Plus UAS provide 

audible and visual warnings to the PIC at the GCS when the UAs

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

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

battery level, the DJI Phantom 2 Vision Plus UAS will descend and

land automatically.

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, JEAN-JACQUES BENOIST 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 JEAN-JACQUES BENOIST 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 JEAN-JACQUES BENOIST Aerial 

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

Instruction Manual). Furthermore, JEAN-JACQUES BENOIST will document and 

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

Since the DJI Phantom 2 Vision Plus UAS will be inspected as prescribed by the 

operating documents, JEAN-JACQUES BENOIST 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 Plus UAS User Manual is attached hereto as Appendix A and B;

a copy of the DJI Phantom 2 Vision Plus UAS Maintenance LOG is attached hereto as

Appendix C.

Likewise, the exemption sought will not adversely affect safety because

JEAN-JACQUES BENOIST 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 Plus 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 JEAN-JACQUES BENOIST’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 Vision Plus UAS, 

JEAN-JACQUES BENOIST 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 Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, JEAN-JACQUES 

BENOIST

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

Phantom 2 Vision Plus UAS, which contain such safety standards that the

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

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

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

conditions will permit safe operation of the UAs for the limited purpose of conducting aerial 

video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

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

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the UAS

in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision Plus 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 JEAN-JACQUES BENOIST intended operation of the DJI Phantom 2 Vision 

Plus UAS which contain such safety standards that the Administrator finds

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

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

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

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

stating: The Rules From Which JEAN-JACQUES BENOIST Seeks Exemption:

JEAN-JACQUES BENOIST 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 JEAN-JACQUES 

BENOIST Seeks:

This exemption will permit JEAN-JACQUES BENOIST to commercially operate an 

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To

Support JEAN-JACQUES BENOIST 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, JEAN-JACQUES BENOIST’s request for 

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

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create

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

and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, JEAN-JACQUES BENOIST will operate the DJI Phantom 2 Vision Plus 

UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security.

CONCLUSION

As set forth herein, JEAN-JACQUES BENOIST seeks an exemption pursuant to 14 C.F.R. §

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

which will permit safe operation of the DJI Phantom 2 Vision Plus UAS

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

aerial video and photography over certain areas of the 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 JEAN-JACQUES BENOIST to safely, efficiently, and economically operate the

DJI Phantom 2 Vision Plus UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, JEAN-JACQUES BENOIST

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 JEAN-JACQUES BENOIST to operate the DJI 

Phantom

2 Vision Plus UAS commercially for the purpose of conducting aerial video and photography
over certain areas of the United States. 

Dated:

Respectfully submitted, 

JEAN-JACQUES 

BENOIST 

100 Spruce Pine Lane

Mill Spring, NC 28756

828 894 0425
Appendices:

A – DJI Phantom 2 Vision Plus Manual (See http://www.dji.com/product/phantom-3/download) E –

Monthly Maintenance Log (available upon request)