1

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

David J. Story

IN WONDERLAND FILMS

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 AND DJI PHANTOM 3 UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on September 10, 2015

David J. Story

IN WONDERLAND FILMS

197 Kaha Street

Kailua, HI 96734

Cell: 808-228-0655

Email: davidfifty@gmail.com
2

TABLE OF CONTENTS

Page 

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

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

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

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

BASIS FOR PETITION.........................................................................................................4

NAME AND ADDRESS OF PETITIONER.............................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DAVID J. STORY 

SEEKS EXEMPTION................................................................................................6

THE EXTENT OF RELIEF DAVID J. STORY SEEKS AND THE REASON 

DAVID J. STORY SEEKS THE RELIEF.................................................................9

THE REASONS WHY GRANTING DAVID J. STORY REQUEST WOULD BE 

IN THE PUBLIC INTEREST ...................................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT DAVID J.STORY REQUEST.................................23 

CONCLUSION....................................................................................................................23

APPENDICES.........................................................................................24

GLOSSARY OF ABBREVIATIONS
3

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

ATP Airline Transport Pilot

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

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

SUA Small Unmanned Aircraft

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
4

SUMMARY

IN WONDERLAND FILMS (David J. Story) 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 me to 

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

video and photography for real estate, special events, cinematography, search and rescue and 

aerial mapping. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

In Wonderland Films is a filmmaking, photography and videography company. 

Petitioner is a retired Hawaiian Airlines Captain with over 22,000 flight hours. Petitioner has 

been a professional pilot for 36 years making him well versed in aviation regulations and 

procedures. Petitioner has spent his last 14 years as a Boeing 767 Captain. Petitioner has an 

ATP and Commercial pilot license. Petitioner has a First Class medical dated 10/09/2014. 

Petitioner has extensive experience flying SUA recreationally in all aspects of aerial video and 

photography. Petitioner’s objective in aerial video and photography operations is to provide high 

quality imaging for a variety of filmmaking projects, commercial photography and videography 

for special events, aerial mapping, search and rescue and Real Estate. Petitioner plans to increase 

public knowledge of UAS and promote safe SUA operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus and DJI Phantom 3

In Wonderland Films (David J. Story) seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 Vision Plus and DJI Phantom 3 are

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

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus and 

DJI Phantom 3 have a maximum gross weight of approximately 1280 gram, while having a 

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

approximately 35 knots. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UA are equipped

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

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UA that will be operated by In 

Wonderland Films 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, In Wonderland Films (David J. Story) 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 and DJI

Phantom 3 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). 
5

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

unmanned aircraft and its operation, In Wonderland Films, will meet 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, In Wonderland Films, 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. 

In Wonderland Films submits that the requested relief is proper since an equivalent level 

of safety will be ensured. Petitioner will use his experience 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 and 

DJI Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all 

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

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

privileges and limitations: Pilot in command, is requested by In Wonderland Films to the extent 

necessary to allow a Pilot in Command (PIC) by meeting minimum flight- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency

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

In Wonderland Films seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS do not require 

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

Wonderland Films will ensure that the 3 UAS are in an airworthy condition, prior to every flight, 

by determining that the UAS are in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual), and 

that the aircraft are in a condition for safe flight. 

In Wonderland Films also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 Vision Plus and DJI Phantom 3 UA will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 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 my

operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS within visual line of sight, 

at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, In Wonderland Films seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. In Wonderland Films submits

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

3 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 15 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, In Wonderland Films provides the following 

information in support of its petition for exemption:
6

A. Name And Address Of The Petitioner:

In Wonderland Films

David J. Story

197 Kaha Street

Kailua, HI 96734

Cell: 808-228-0655

Email: davidfifty@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which In Wonderland Films Seeks Exemption. 

1. In Wonderland Films 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. In Wonderland Films 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. In Wonderland Films 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; 
7

(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. In Wonderland Films 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. In Wonderland Films 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. In Wonderland Films 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. In Wonderland Films 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:
8

(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. In Wonderland Films 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. 
9

(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 In Wonderland Films Seeks And The Reason In Wonderland 

Films Seeks The Relief. 

1. Extent Of Relief In Wonderland Films Seeks And The Reason In Wonderland 

Films 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, In Wonderland Films submits that an equivalent level of 

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

Plus and DJI Phantom 3 UAS except for the petitioner.

Further, In Wonderland Films submits that all flights of the DJI Phantom 2 Vision Plus 

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

incidental to petitioner and (2) will not carry passengers or property for compensation or hire.
10

2. Extent Of Relief In Wonderland Films Seeks And The Reason In Wonderland 

Films 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 In Wonderland Films to determine that the DJI Phantom 2 Vision Plus and DJI

Phantom 2 Vision Plus and DJI Phantom 3 UAS are in airworthy condition prior to every flight 

by ensuring that the UAS is in compliance with the operating documents (i.e., Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 

Instruction Manual). 

In Wonderland Films seeks the requested relief because the DJI Phantom 2 Vision Plus 

and DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, In Wonderland Films will ensure that the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the 

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

Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in 

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

3. Extent Of Relief In Wonderland Films Seeks And The Reason In Wonderland 

Films 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 and DJI Phantom 2 Vision Plus and DJI Phantom 3 

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), In 

Wonderland Films seeks the requested relief because the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 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 and DJI Phantom 3 UA 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 In Wonderland Films Seeks And The Reason In Wonderland 

Films 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 and DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended 

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

Wonderland Films 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 and DJI 
11

Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight 

operations that In Wonderland Films proposes to conduct pursuant to this Petition. 

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

Plus and DJI Phantom 3 UAS, the DJI Phantom 2 Vision Plus and DJI Phantom 3 operating 

documents, and In Wonderland Films proposed operating limitations, ensure that In Wonderland 

Films will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 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 In Wonderland Films Seeks And The Reason In Wonderland 

Films 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, In Wonderland Films requests relief from these 

Sections because the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS do not require 

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

Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, In Wonderland Films will perform maintenance, 

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

prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, In 

Wonderland Films will document and maintain all maintenance records for the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UAS. 

D. The Reasons Why Granting In Wonderland Films 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 In Wonderland 

Films to safely, efficiently, and economically perform aerial video and photography operations to 

provide high quality imaging for a variety of filmmaking projects, commercial photography and 

videography for special events, aerial mapping, search and rescue and Real Estate. Petitioner 

plans to increase public knowledge of UAS and promote safe SUA operations.

Additionally, use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS will 

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

economy. Notably, the benefits of In Wonderland Films proposed operation of the DJI Phantom 

2 Vision Plus and DJI Phantom 3 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 and DJI Phantom 3 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 Plus and DJI Phantom 3 UAS would 
12

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 and DJI Phantom 3 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 Plus and DJI Phantom 3UAS. 

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

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 and DJI

Phantom 3 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 and DJI Phantom 3 UA, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA are propelled by

battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 2 Vision Plus and DJI Phantom 3 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 and DJI Phantom 3 UA (weighing approximately 2 

pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths 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 and DJI Phantom 3 UAS Will Benefit The Economy. 

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

UAS are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS will 

allow United States based companies, like In Wonderland Films 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 Plus and DJI Phantom

3 UAS is one such technology that not only allows companies greater operational flexibility
13

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 and DJI Phantom 3 UAS, companies such as 

In Wonderland Films 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 and DJI Phantom 3 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, In Wonderland Films proposed operation of the DJI Phantom 2 Vision Plus and DJI

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

Plus and DJI Phantom 3 UAS will be operated only in compliance with operating documents 

(i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI

Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

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

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

Provided By The Rule From Which I Seek Exemption. 

1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3 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, my operation of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 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--
14

(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, In Wonderland Films submits that the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 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 and DJI Phantom 3

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

a. The Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS do not create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security considering its size, 

weight, speed, and operational capability. 

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

Phantom 3 UAS. 

The technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS

are set forth by the DJI Phantom 2 Vision Plus and DJI Phantom 3 Specifications and Data 

Sheet. 

ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS Autonomous 

Flight And Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area. 

The DJI Phantom 2 Vision Plus and DJI Phantom 3 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 and DJI Phantom 3 UAS is available on-line at DJI Phantom 2 

Vision Plus User Manual and DJI Phantom 3 User Manual.

iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS Are Designed 

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

Of The Control Link Or Navigation. 
15

When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UA

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

Vision Plus and DJI Phantom 3 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 and 

DJI Phantom 3 UAS is available on-line at DJI Phantom 2 Vision Plus User Manual and DJI 

Phantom 3 User Manual.

a. Flights Of DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, In Wonderland Films proposes to commercially operate DJI 

Phantom 2 Vision Plus and DJI Phantom 3 UAS for the 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 UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 2 Vision Plus and DJI Phantom 3

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

new petition or a petition to amend this grant. 

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

purpose of aerial video and photography. 

3. The 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 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 UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or 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. 
16

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 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

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 predetermined 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. 
18

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 (NNumber) 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. 
19

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

(b) Would Not Adversely Affect Safety.

In Wonderland Films 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 and DJI Phantom 3 UAS except In Wonderland Films and 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 and DJI Phantom 3 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering In Wonderland Films 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 and DJI Phantom 3

UAS, In Wonderland Films submits that the additional manned airmanship experience of a 

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

Wonderland Films 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). 

In Wonderland Films will not allow any PIC to operate the DJI Phantom 2 Vision Plus 

and DJI Phantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum 

flight-hour requirements or the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and 

DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and 

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

structures. 

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

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

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

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

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

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 my 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 
20

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, In Wonderland Films will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS unless that PIC has 

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

to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

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, In Wonderland Films will ensure that the DJI Phantom 2 Vision Plus and 

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

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

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

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

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

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

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

Not Adversely Affect Safety.

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

the altitude information of the DJI Phantom 2 Vision Plus and DJI Phantom 3 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 my operation of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UA within visual line of sight, at or below 400 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 UAS 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. 
21

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 and DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and 

(3) the location of the proposed flight operations. Accordingly, In Wonderland Films will ensure 

that it will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UA

during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 

15 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 and DJI Phantom 3 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 

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

UA 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 Phantom3 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, In Wonderland Films submit 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 In 

Wonderland Films 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 Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, I will document and 

maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS. 
22

Likewise, the exemption sought will not adversely affect safety because In Wonderland 

Films will use my experience 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 and DJI Phantom 3 UAS will be performed by me. 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 my proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS, I submit 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, In Wonderland Films requests that 

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

Plus and DJI 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 §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

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

safe operation of the UA for the limited purpose of conducting aerial 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 and DJI Phantom 3 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. 
23

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 Vision 

Plus and DJI 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 I Seek Exemption: 

In Wonderland Films 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 I Seek: 

This exemption will permit In Wonderland Films 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 In

Wonderland Films 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, In Wonderland Films’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, In Wonderland Films will operate the DJI Phantom 2 

Vision Plus and DJI Phantom 3 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, In Wonderland Films 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 and DJI Phantom 3 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 In Wonderland 
24

Films to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, In Wonderland Films 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 In Wonderland Films to operate the DJI Phantom 2 

Vision Plus and DJI Phantom 3 UAS commercially for the purpose of conducting aerial video 

and photography over certain areas of the United States.

Dated: June 5, 2015

Respectfully submitted,

_________________________

In Wonderland Films

David J. Story

197 Kaha Street

Kailua, HI 96734

Cell: 808-228-0655

APPENDICES:

Appendix A – DJI Phantom 2 Vision Plus and Phantom 3 Technical Specifications

Appendix B - Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List

Appendix C – Phantom Flying Flowchart

Appendix D – Monthly Maintenance Log

APPENDIX A

DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL 

SPECIFICATIONS

In Wonderland Films only utilizes safe and reliable UAS. DJI is an industry leader in small UAS 

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

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

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

predetermined and set distance. In addition, DJI software provides real-time altitude and location 

information to the PIC via the linked monitor (smart phone/tablet devices).
25

Phantom 2 Vision Plus and Phantom 3

Purchased from Intelligent UAS (DJI authorized dealer)

General Specs.

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

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range

100-3200 (video) 100-1600 (photo)

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes

Phantom 3 Professional

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Phantom 2 Vision Plus

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD
26

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm-300 cm

Operating Range

30 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature1.1 

APPENDIX B

Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List

Pre-Flight Check List

 Visual inspection for defects

 Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, 

approved/compatible device

 Props tightened and locked

 SD card in camera

 Lens cap removed (As necessary)
27

 Antennae up and parallel

 Transmitter turned on (press once, release, then press and hold for 3 seconds)

 Ensure Transmitter is in P Mode

 UAS turned on (press once, release, then press and hold for 3 seconds)

 Flick the transformation switch on transmitter up and down 4 times quickly to convert 

from travel mode to flight mode or use the app

 DJI Pilot app quit and restarted, no other running apps on iPad

 Tap bar at top of app (Safe to Fly GPS) for full status

 Maps are cached (move the map around, zoom in an out)

 Minimum return height adjusted (check for tallest object and set accordingly)

 UAS placed in safe launch and recover position

 Home point reprogrammed via app

 Area clear of people / obstructions

Flight Check List

 Hover close for 20 seconds. Look / Listen for defects

 Confirm expected stick operation

 Monitor battery power

 Monitor signal strength

 Keep line-of-sight with UAS 

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required
28

APPENDIX C
29

APPENDIX D