August 24, 2015

Exemption No. 12576

Regulatory Docket No. FAA−2015−2360

Mr. Dustin L. Gwin 

Dustin Gwin Photography

3024 NW 70th Street

Oklahoma City, OK 73116

Dear Mr. Gwin:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 29, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Dustin Gwin Photography (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI 

Inspire 1.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
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has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Dustin Gwin Photography is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Dustin Gwin Photography is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+, DJI Phantom 3, and DJI Inspire 1 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 
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operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

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

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
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qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

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

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

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

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

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTIONOF:

Dustin Gwin Photography

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+, DJI PHANTOM 3 

PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on May 29th, 2015

Dustin L Gwin

Dustin Gwin Photography 

3024 NW 70th St.

Oklahoma City, OK 73116

Tel: (405) 837-9777
TABLE OF CONTENTS

Page 

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DUSTIN GWIN 

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

THE EXTENT OF RELIEF DUSTIN GWIN PHOTOGRAPHY SEEKS AND

THE REASON DUSTIN GWIN PHOTOGRAPHY SEEKS THE

RELIEF.............. .................................................................................................. 11

THE REASONS WHY GRANTING DUSTIN GWIN PHOTOGRAPHY’S

REQUEST WOULD BE IN THE PUBLIC INTEREST ..................................... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER. .... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT DUSTIN GWIN PHOTOGRAPHY’S REQUEST...

.................................................................................................................................34

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

APPENDICES........................................................................................37

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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard OperatingProcedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

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SUMMARY

Dustin Gwin Photography 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 

Dustin Gwin Photography to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites, real 

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

Dustin Gwin Photography provides its clients with expertise and knowledge in the 

fields of photography and videography. Dustin Gwin Photography has been in business for 

5 years and has worked with many clients on races, special events and weddings. Dustin 

Gwin Photography is experienced in all aspects of videography and photography. The 

objective of Dustin Gwin Photography’s aerial video and photography operations is to 

provide low cost, high quality imaging for a variety of commercial and residential 

customers. As well as to provide search and rescue services as required with local 

emergency management and to increase the public’s knowledge of UAS and promote safe 

UAS operations.

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional DJI Inspire 1 UASs

Dustin Gwin Photography seeks an exemption to operate DJI systemsfor

compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a GroundControl Station (GCS) utilizing electronic tablet or smart phone 

4
systems. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 

pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 

inches, and a maximum speedof approximately 29 knots. The DJI Phantom 3 Professional 

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

width and of 16 inches, height of 8 inches and a maximum speed of approximately 31 

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

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

approximately 42 knots. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI

Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs that 

will be operated by Dustin Gwin Photography 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 markedin accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Dustin Gwin Photography, pursuant to the provisions of the Federal 

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

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

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional andDJI Inspire 1 UASs in the National Airspace System (NAS), 

and for an exemption fromthe 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, Dustin Gwin Photography’s operation of DJI 

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Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs meets the 

conditions of FMRA Section333 and therefore, will not require an airworthiness certificate 

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

Accordingly, Dustin Gwin Photography 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.

Dustin Gwin Photography submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Dustin Gwin Photography will useexperienced

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

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

documents (i.e., the Dustin Gwin Photography Aerial Operations Manual, Monthly

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

Inspire 1 Instruction Manual). Furthermore, Dustin Gwin Photography will document and 

maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs.

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

privileges and limitations: Pilot in command, is requested by Dustin Gwin Photography 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+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 

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

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

Dustin Gwin Photography seeks relief from Section 91.7(a), entitled Civilaircraft 

6
airworthiness, because the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Dustin Gwin Photography submits that it will ensure that the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1UASs are in an airworthy 

condition, prior to every flight, by determiningthat the UASs are in compliance with the 

operating documents (i.e., the Dustin Gwin Photography Aerial Operations Manual, 

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

DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

Dustin Gwin Photography also seeks an exemption from the requirements of

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

Professional and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. 

However, altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional 

and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path. This altitude information, combined with 

Dustin Gwin Photography’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs within visual line of sight, at or below 400 feet AGL,

will ensure a level of safety equivalent to Section91.121.

Additionally, Dustin Gwin Photography seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Dustin Gwin Photography submits that safety will not be affected by 

operation of the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

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

rules (VFR), with enough battery power to fly for a total

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duration of approximately 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14

C.F.R. § 11.81, Dustin Gwin Photography 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: 

Dustin L Gwin

Dustin Gwin Photography

3024 NW 70th St.

Oklahoma City, OK 73116

Tel: (405) 837-9777

Email: dlg586@hotmail.com

B. The Specific Sections Of 14 C.F.R. From Which Dustin Gwin Photography

Seeks Exemption.

1. Dustin Gwin Photography 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. Dustin Gwin Photography Seeks Exemption From The Requirements 

Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), statesthe

following:

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

3. Dustin Gwin Photography 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 isset, 

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 anappropriate

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 availablebefore

departure.

4. Dustin Gwin Photography 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. Dustin Gwin Photography 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 anaircraft—

(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[.]

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6. Dustin Gwin Photography 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 thefollowing:

(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. Dustin Gwin Photography 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. Dustin Gwin Photography 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

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(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 whichthe

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 beretained 

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.

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C.The Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography Seeks The Relief.

1. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography 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, Dustin Gwin Photography submits that an equivalent 

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

Phantom 2 Vision+ UAS, DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless 

that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC 

is able to safely operate either the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or

DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, Dustin Gwin Photography submits that all flights of the DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, conducted by the PIC 

pursuant to the grant ofthis

12
Petition: (1) will be incidental to Dustin Gwin Photography’s business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography 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 Dustin Gwin Photography to determine that the DJI Phantom2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition 

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

documents (i.e., theDustin Gwin Photography Aerial Operations Manual, Monthly

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

Inspire 1 Instruction Manual).

Dustin Gwin Photography seeks the requested relief because the DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an

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

Dustin Gwin Photography will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs are in airworthy condition based uponits compliance 

with the operating documents (i.e., the Dustin Gwin Photography Aerial Operations 

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

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

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

limitations below.

3. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography 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+, DJI Phantom 3 Professional and DJI 

13
Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the 

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

information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), Dustin Gwin Photography seeks the requested relief because 

the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJIInspire 1 UA’s altimeter 

may be set on the ground to zero feet AGL, rather than the local barometric pressure or 

field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and 

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

be maintained since the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI

Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of 

theGCS.

4. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography 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+, DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. Dustin Gwin Photography seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time 

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duration of the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 Professional and 

DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo 

flight operations that Dustin Gwin Photography proposes to conduct pursuant to this

Petition.

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

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+, 

DJI Phantom 3 Professional and DJI Inspire 1operating documents, and Dustin Gwin 

Photography’s proposed operating limitations, ensure that Dustin Gwin Photography will 

safely operate the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 Professional

and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions(VMC), 

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

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

5. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin 

Gwin Photography 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, Dustin Gwin Photography requests

relief from these Sections because the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 

1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Dustin Gwin Photography will use trained technicians to perform 

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

techniques, and practices prescribed in the UAS operatingdocuments (i.e., the Dustin Gwin

15
Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore,

Dustin Gwin Photography will document and maintain all maintenance records for the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs.

D.The Reasons Why Granting Dustin Gwin Photography’s Request Would Be In

The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Dustin 

Gwin Photography to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, and landscape over certain areas of the 

United States.

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

DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of Dustin Gwin Photography’s 

proposed operation of theDJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs 

are battery powered and serve as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJIInspire 1 UAS would reduce 

the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the safety of life and property in the air and on the ground.

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

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

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DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs do not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

aerial video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing phases of 

flight operations.

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

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1

UASs.

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

Professional and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the

public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and 

electric motors, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UASs produce no air pollution, and is themost

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

combustion engine aircraft that are typically utilized for aerial video andphotography, 

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

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs, while reducing 

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are 

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

By using the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 

1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of

flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+, DJI 

17
Phantom 3 Professional and DJI Inspire 1 UAs(weighing approximately 2 pounds 11 

ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with 

lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches 

respectively, and with no fuel on board), has less physical potential for collateral damage

to life and property on the ground, and in the air, compared to the manned aircraft that 

typically conduct similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and afuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UASs Will Benefit The Economy.

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

Professional and DJI Inspire 1 UASs are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire1 UASs will allow United States 

based companies, like Dustin Gwin Photography, 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+, DJI 

Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but 

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

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

Inspire 1 UASs, companiessuch as Dustin Gwin Photography, can remain competitive and 

profitable, and therefore, provide greater job stability to employees and contractors, which 

18
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+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs, provides astable 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, Dustin Gwin Photography’s proposed operation of the DJI Phantom 2 Vision+, 

DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy issues. 

Specifically, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UASs will be operated only in compliance with operating documents (i.e., the Dustin Gwin 

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires 

property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119.

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

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

Provided By The Rule From Which Dustin Gwin Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+, Phantom 3 Professional and DJI 

Inspire 1 UAs Meet The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333.

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

with the unmanned aircraft and its operation, Dustin Gwin Photography’s operation of the 

DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in 

19
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 nationalsecurity.

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 determinationunder 

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 underthis 

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, Dustin Gwin Photography submits that the DJI Phantom

2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the 

NAS pursuant to FMRASection 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional andDJI Inspire 1 UASs; (b) the pilot 

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

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

Professional and DJI Inspire 1 UASs Demonstrate Its Safe

Characteristics.

20
The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs

do not create a hazard to users of the NAS or the public, or otherwise pose a threat to 

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

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

Phantom 3 Professional and DJI Inspire 1 UASs.

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

Professional and DJI Inspire 1 UASs are set forth by the , DJI Phantom 3 Professional and 

DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A, B and C.

ii. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASsAutonomous Flight And Navigation Modes Enable 

The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 

may be operated in both manual and fully autonomous flight modes. A complete 

description of the flightand navigational modes of the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional and DJI Inspire 1 UASs is provided at pages 25-35 of the DJI 

Phantom 2 Vision+, pages 11-17 of the DJI Phantom 3 Professional and pages 12-16 and 

45-50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit D, E and F.

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

Inspire 1 UASs Are Designed For Automatic Return To Home 

Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more.

If, after 3 seconds, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that 

the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) 

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

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

21
UAS are set forth at pages 27 through 29, for the DJI Phantom 3 Professional UAS are set 

forth at pages 12 through 14 for the DJI Inspire 1 at pages 13 through15 of the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, 

attached hereto asExhibit D, E and F.

iv. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional

and DJI Inspire 1 GCS And Its Operation.

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

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

43 of the DJI Phantom 2 Vision+ User Manual, pages 40 through 55 of the DJI Phantom 3 

Professional and pages 40 through 47 of the DJIInspire 1 User Manual. DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals areattached hereto 

as Exhibits D, E and F.

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

Professional and DJI Inspire 1 UASs Are Limited To The Line Of Sight 

Of A Certificated Pilot in Command With A Safety Observer.

Dustin Gwin Photography will only utilize certificated pilots who possess a current 

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

2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs. Additionally, a safety 

observer will assist all pilots during flight time.

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

and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Dustin Gwin Photography proposes to commercially 

operate DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs for 

the special purpose of conducting aerial video and photography over certain areas of 

United States, pursuant to the following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

22
than 55 pounds maximum gross weight: DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJIInspire 1 Unmanned Aircraft Systems. Proposed operations 

of any other aircraftwill require a new petition or a petition to amend this grant.

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

for the purpose of aerial video and photography.

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

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

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

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

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

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) isnot 

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 forthe 

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. Ifa 

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.

23
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 recordkeeping

requirements, in accordance with the operating documents. Maintenance, 

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

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

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

UAS to service.

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

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

24
19.1. All operations must be conducted under visual meteorological

conditions (VMC). If flight at night is required, a special request will be made at 

the FAA office closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized.

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

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

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

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

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

Administrator upon request.

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

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

PIC.

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

in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

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

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

remaining.

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

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

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

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

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

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

altitude level and potential transponder requirements.

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

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

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

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request.

25
29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident.The

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;

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

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

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present 

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative willbe

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

And (b) Would Not Adversely Affect Safety.

Dustin Gwin Photography submits that the equivalent level of safety establishedby 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 

DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs unless that 

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

the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional

26
or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and 

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

and structures.

Considering Dustin Gwin Photography’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 2Vision+, 

DJI Phantom 3 Professional or DJI Inspire 1 UAS, Dustin Gwin Photography submits that 

the additionalmanned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Dustin Gwin Photography’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).

Dustin Gwin Photography will not allow any PIC to operate the DJI Phantom2 

Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2 

Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS trainingand currency 

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

Phantom 3 Professionalor DJI Inspire 1 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

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

27
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 Dustin Gwin Photography’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, Dustin Gwin Photography will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 

28
1 UAS unless that PIChas demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PICis able to safely operate the DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional or DJI Inspire 1 UAS in amanner 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 bemaintained 

because prior to every flight, Dustin Gwin Photography will ensure that the DJI Phantom 2 

Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein.

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

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

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

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

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 bemaintained

because the altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UAswill 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 

Dustin Gwin Photography’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, 

29
will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Priorto 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+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, Dustin Gwin Photography will ensure that it will safely operate 

the battery powered DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UAs during daylight hours in VFR conditions, withenough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal 

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

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

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; the limitations on the 

proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety 

will be ensured as the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 

1 UASs provide audible and visual warnings to the PIC atthe GCS when the UAs 

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

30
remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom Vision+ and DJIInspire 1 UASs will descend 

and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristicsand

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, Dustin Gwin Photography 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 Dustin Gwin Photography will use trained technicians to perform 

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

techniques, and practices prescribed in the operating documents (i.e., theDustin Gwin

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, 

Dustin Gwin Photographywill document and maintain all maintenance records for the DJI 

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs.

31
Since the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 

UASs will be inspected as prescribed by the operating documents, Dustin Gwin 

Photography 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+, DJI 

Phantom 3 Professional and DJI Inspire 1 User Manuals are

attached hereto as Exhibit D, E and F; a copy of the DJI Phantom 2 Vision+, DJI Phantom 

3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G.

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

Gwin Photography 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+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will be 

performed by trainedtechnicians. Maintenance will be documented and maintained 

utilizing the monthly maintenancelog.

Significantly, previous exemptions granted by the FAA concerningSections

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 Dustin Gwin Photography’s proposed operating limitations, the 

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

Phantom 3 Professional andDJI Inspire 1 UASs, Dustin Gwin Photography submits that 

safety will not be adverselyaffected by granting exemption from 14 C.F.R. Sections 

32
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, Dustin Gwin Photography 

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

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain 

such safety standards thatthe 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 Statesfor 

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+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain

33
adequate or appropriate safety standards, due to the novel or unusual design features of 

the aircraft. Section 21.16, entitled Special Conditions, states thefollowing:

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 Dustin Gwin Photography’s intended operation of the

DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, which 

contain such safety standards thatthe 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 Dustin Gwin Photography Seeks Exemption:

Dustin Gwin Photography 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 Dustin Gwin 

Photography Seeks:

This exemption will permit Dustin Gwin Photography 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 

Dustin Gwin Photography’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

34
(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Dustin Gwin Photography’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, Dustin Gwin Photography will operate the DJI

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs safely in the

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a 

threat to nationalsecurity.

CONCLUSION

As set forth herein, Dustin Gwin Photography 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+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate, 

for the limited purposeof 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 Dustin Gwin Photography to safely, 

efficiently, and economically operate the DJI Phantom 2 Vision+, DJI Phantom 3 

Professional and DJI Inspire 1 UASs commercially within theNAS.

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

35
Modernization and Reform Act of 2012, Section 333, Dustin Gwin Photography

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 Dustin Gwin 

Photography to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI 

Inspire 1 UASs commercially for the purpose ofconducting aerial video and photography 

over certain areas of the United States.

Dated: May 29th, 2015

Respectfully submitted, 

Dustin Gwin Photography

/s/ Dustin L Gwin

Dustin L Gwin

3024 NW 70th Street

Oklahoma City, OK 73116

(405) 837-9777

Appendices:

A. DJI Phantom 2 Vision+ Specifications Data

B. DJI Phantom 3 Professional Specifications Data

C. DJI Inspire 1 Specifications Data

D. DJI Phantom 2 Vision+ Manufacturer’s User

Manual

E. E – DJI Phantom 3 Professional Manufacturer’s 

User Manual

F. DJI Inspire 1 Manufacturer’s User Manual

G. Monthly Maintenance Log

36
APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are loaded with ground breaking software enabling

the user to set parameters which will not allow flight into controlled airspace. Parameters

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

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart

phone/tablet devices)

41
Aircraft

Supported Battery

DJI 5200mAh LiPo Battery

Weight (Battery & Propellers Included)

1242g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tiltable Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s (Not Recommended)

Diagonal Motor-Motor Distance

350mm

Gimbal

Working Current

Static : 750mA; Dynamic : 900mA

Control Accuracy

±0.03°

Controllable Range

Pitch : -90°-0°

Maximum Angular Speed

Pitch : 90°/s

Camera

Operating Environment Temperature

0°C-40°C

Sensor Size

1/2.3"

Effective Pixels

14 Megapixels

Resolution

4384×3288

HD Recording

1080p30 & 720p

Recording FOV

110° / 85°

Remote Control

Operating Frequency

5.728 GHz-5.85 GHz

Communication Distance (Open Area)

CE Compliance: 400m; FCC Compliance: 800m

Receiver Sensitivity (1%PER)

-93dBm

Transmitter Power

CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage

120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity

3.7V, 2000mAh

42
Range Extender

Operating Frequency

2412-2462MHz

Communication Distance (Open Area)

500-700m

Transmitter Power

20dBm

Power Consumption

2W

DJI VISION App

System Requirement Of Mobile Device

iOS version 6.1 or above/ Android system version 4.0 or above

Mobile Device Support

iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus, 

Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 or phones of 

43
APPENDIX – B

DJI PHANTOM 3 PROFESSIONAL TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader in 

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

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

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

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

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

devices)

44
Aircraft

Weight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

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 3 Advanced

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

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

Supported SD Card Types

45
Micro SD

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

Max Bitrate Of Video Storage

Phantom 3 Professional

60 Mbps

Phantom 3 Advanced

40 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

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

Operating Temperature

0°C to 40°C

46
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 Temperature

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm

Transmitter Power (EIRP)

FCC: 20 dBm

CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery Charger

Voltage

17.4 V

Rated Power

Phantom 3 Professional

100 W

Phantom 3 Advanced

57 W

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

47
Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live View

Mobile App

DJI Pilot

EIRP

100mW

Live View Working Frequency

2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

iOS 8.0 or later

Android 4.1.2 or later

Recommended Devices

iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iP 

mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iP 

Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nex 

*Support for additional Android devices available as testing and development c

48
APPENDIX – C

DJI INSPIRE 1 PROFESSIONAL TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader in 

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

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

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

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

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

devices)

49
Aircraft

Model

T600

Weight (Battery Included)

2935 g

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range -10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Gimbal

Model

ZENMUSE X3

Output Power (With Camera)

Static: 9 W

In Motion: 11 W

Operating Current

Station: 750 mA

Motion: 900 mA

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch: -90° to +30°

Pan: ±320°

50
Mechanical Range

Pitch: -125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera

Name

X3

Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

ISO Range

100-3200 (video)

100-1600 (photo)

Electronic Shutter Speed

8s - 1/8000s

FOV (Field Of View)

94°

CMOS

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time-lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

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

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

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

Supported SD Card Types

Micro SD

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

Operating Temperature Range

0° to 40° C

Remote Controller

Name

C1

51
Operating Frequency

922.7~927.7 MHz (Japan Only)

5.725~5.825 GHz

2.400~2.483 GHz

Transmitting Distance (Outdoor And Unobstructed)

2 km

EIRP

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini-HDMI

Power Supply

Built-in battery

Charging

DJI charger

Dual User Capability

Host-and-Slave connection

Mobile Device Holder

Tablet or Phone

Max Mobile Device Width

170mm

Output Power

9 W

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0-40° C

Battery

6000 mAh LiPo 2S

Charger

Model

A14-100P1A

Voltage

26.3 V

Rated Power

100 W

Battery (Standard)

Name

Intelligent Flight Battery

Model

TB47

Capacity

4500 mAh

Voltage

22.2 V

Battery Type

LiPo 6S High voltage battery

Energy

99.9 Wh

Net Weight

52
570 g

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Battery (Optional)

Name

Intelligent Flight Battery

Model

TB48

Capacity

5700 mAh

Voltage

22.8 V

Battery Type

LiPo 6S

Energy

129.96 Wh

Net Weight

670 g

Operating Temperature Range

-10° to 40° C

Storage Temperature Range

Less than 3 months: -20 to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Vision Positioning

Velocity Range

Below 8 m/s (2 m above ground)

Altitude Range

5-500 cm

Operating Environment

Brightly lit (lux > 15) patterned surfaces

Operating Range

0-250 cm

DJI Pilot App

Mobile Device System Requirements

iOS 8.0 or later

Android 4.1.2 or later

Supported Mobile Devices

* Compatible with iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi 

Cellular, iPad mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized fo 

* Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, M 

*Support for additional Android devices available as testing and development c

53
APPENDIX – D

DJI Phantom 2 Vision+ Manufacturer’s User Manual

*See attached PDF File

APPENDIX – E

DJI Phantom 3 Professional Manufacturer’s User Manual

*See attached PDF File

APPENDIX – F

DJI Inspire 1 Manufacturer’s User Manual

*See attached PDF File

54
APPENDIX – G

Monthly Maintenance Log

UAS #_____ Date Issue Mantainence 

Performed

Initials

Firmware 

Check

Frame

Engines

Propellers

Camera

Gimbal

Landing 

Gear

Vibration

Other:

55