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Vic Roeder

Vic’s Photography & Video

340 East 9th Street

Fremont, NE 68025

402-721-9121

www.vicsphotography.com

December 11, 2015

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Avenue, SE 3930 N. 15TH ST,

Washington, D.C. 20590 LINCOLN, NE 68521

BASIS FOR PETITION

Petitioner, Victor A. Roeder (VAR), 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 in the National Airspace 

System (NAS), and for an exemption from the requirements of :

14 C.F.R §§ 61.113(a) & (b)

14 CFR 45.23(b)

91.7(a),

91.121,

91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91

Name And Address Of The Petitioner

The name and address of the Petitioner and point of contact is:

Victor A. Roeder

Dba; Vic’s Photography & Video

340 East 9th Street

Fremont, NE 68025

402-721-9121

vic@vicsphotogrphy

PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1). Vic Roeder proposes to use one UAS; 1) DJI PHANTOM 2, for commercial 

photography, videography, inspections or surveying. This aircraft has four rotors and four motors in a 

quadcopter configuration (X4). It is only capable of vertical take off and landing. This UAS weighs less 

than 55 lbs. including payload. Can fly, under normal conditions at a speed of no more than 30 knots and 

has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is 

equipped with GPS and auto-return function to the predetermined safe landing area as well as allowing 

reading of magnetic interference that can cause loss off GPS signal.
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The UAS will operate only in line of sight and will operate only within a sterile closed-set area of a 

residential or commercial listing, open desolate areas near rural farms or a closed-set special event. 

Such operations will insure that the UAS will “not create a hazard to users of the national airspace system 

or the public.” (Reform Act Section 333 (b)).

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion 

of the rule making required under Section 333 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the

national airspace system.” Id. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).

RELIEF OVERVIEW

Given the small size of the UAS involved and the restricted sterile environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental impacts, including 

reduced emissions associated with allowing UASs for aerial inspections, surveying and photography and 

videography, the grant of the requested exemptions is in the

public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

VAR proposes that the exemption requested herein apply to civil aircraft that have the characteristics and 

that operate with the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe aerial inspections, surveying and 

photography and videography operations conducted with conventional aircraft.
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These limitations and conditions to which VAR agrees to be bound when conducting commercial 

operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes or less.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above

 an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and or Camera 

 Operator.

6. Additional camera will be filming UAS in flight at applicable times

7. The UAS will only operate within a confined sterile closed-set area with a set safety perimeter, the 

 boundaries of which will be determined by the UAS PIC based on the site-specific activities and speed 

 of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local 

 government officials as applicable.

8. A briefing will be conducted in regards to the planned UAS operations prior to each day’s production

 activities. It will be mandatory that all personnel who will be performing duties within the boundaries of

 the safety perimeter be present for this briefing.

9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting 

 personnel will be allowed within 100 feet of the UAS operation by not permitting anyone who had not 

 been briefed or whom is not involved in production to be in the closed-set area, and 500 ft away from

 people not directly involved in operations.

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio 

 communication system.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. If applicable, all required permissions and permits will be obtained from territorial, state, county or city 

 jurisdictions, including local law enforcements, fire, or other appropriate governmental agencies.

13. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to

 a predetermined location within the Security Perimeter and land safely.

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

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

aircraft and its operation, VAR’S operation of DJI Phantom 2 Vision+, UAS meets the conditions of FMRA 

Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H.

Accordingly, VAR 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. VAR submits that the requested relief is proper since an equivalent level of 

safety will be ensured. VAR will use experienced personnel or technicians as needed to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and 
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practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 

Vision+ Instruction Manual). Furthermore, VAR will document and maintain all maintenance records for 

the DJI Phantom 2 Vision+ UAS.

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

limitations: Pilot in command, is requested by VAR to the extent necessary to allow a Pilot in Command 

(PIC) meet or exceed the described requirements of operations set by manufacturer, and who has 

demonstrated, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

VAR seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 

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

As such, VAR submits that he will ensure that the DJI Phantom 2 Vision+ UAS is in an airworthy 

condition, prior to every flight, by determining that the UASs are in compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual), and that the 

aircraft are in a condition for safe flight.

VAR also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the 

DJI Phantom 2 Vision+ will not have a typical barometric altimeter onboard. However, altitude information

of the DJI Phantom 2 Vision+ 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 VAR’s operation of the DJI Phantom 

2 Vision+ UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent 

to Section 91.121.

Additionally, VAR seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. VAR submits that safety will not be affected by operation of the 

DJI Phantom 2 Vision+ during daylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR), with enough battery power to fly for a total duration of approximately 30 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

EXTENT AND REASONING WHY VAR SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE:

Section 61.113(a) & 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 meet all requirements as described in the DJI Phantom 

2 Vision+ owner’s manual 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, VAR submits that an equivalent level of safety will be maintained because 

no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated that 

the PIC is able to safely operate either the DJI Phantom 2 Vision+ 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, VAR submits that all flights of the DJI Phantom 2 Vision+ 1 UAS, conducted by the PIC pursuant 

to the grant of this Petition: (1) will be incidental to VAR’S business; and (2) will not carry passengers or 

property for compensation or hire.
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2. 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow 

VAR to determine that the DJI Phantom 2 Vision+ UAS are in airworthy condition prior to every flight by 

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

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

VAR seeks the requested relief because the DJI Phantom 2 Vision+ UAS does not require an 

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

the DJI Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ 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. 91.121.

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

DJI Phantom 2 Vision+ UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC at the ground 

control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be 

reported to air traffic control (ATC) in feet above ground level (AGL), VAR seeks the requested relief 

because the DJI Phantom 2 Vision+ UA 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+ UA are 

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

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

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

4. 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+ UA during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 25 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes. VAR seeks the requested relief because without an exemption from Section 91.151(b), the flight 

time duration of the battery powered DJI Phantom 2 Vision+ UA will severely constrain the practicality of 

any aerial video or still photo flight operations that VAR proposes to conduct pursuant to this Petition.

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

Phantom 2 Vision+ operating documents, and VAR’S proposed operating limitations, ensure that VAR will 

safely operate the battery powered DJI Phantom 2 Vision+ UA during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a 

total duration of 25 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

14 CFR 45.23(b)

Marking of the Aircraft; 

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications. 

UAV Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or 

pilot station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on 

such small aircraft. Regardless, UAV Field Services will mark its UAS in the largest possible lettering by 
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placing the "N "number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, 

spotter and others working with the UAV will see the markings. The FAA has previously issued 

exemptions to this regulation through- Exemption No 10167 and 10700

5. 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, VAR requests relief from these Sections because the DJI Phantom 2 

Vision+ UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 

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

Accordingly VAR will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the VAR aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2 Vision+ Instruction Manual). Furthermore, VAR will document and maintain all maintenance 

records for the DJI Phantom 2 Vision+ UAS.

The Reasons for granting my request are entirely beneficial to the public and community as a whole.

Granting the present Petition will further the public interest by allowing VAR to safely, efficiently, and

economically perform aerial video and photography of construction sites, real estate, survey and inspect 

over certain areas of the United States. To assist other businesses in helping them grow from my services 

or rather, to fulfill their needs, whatever it may be.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion 

of the rule making required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system.” Id. §333(c).

Given the small size of the UAS involved and the restricted sterile environment within which they will 

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

UAS will operate, approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for movie and television operations, the grant of the requested exemptions is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 Vision+ UA are 

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

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

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would reduce 
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the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of 

life and property in the air and on the ground.

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

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ UA do not 

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

photography missions would result in fewer aircraft that must be handled by air traffic control during the 

ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ UAS, instead of manned aircraft, will 

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

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

the DJI Phantom 2 Vision+ UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 Vision+ UA, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAs are propelled by battery powered electric

motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisitions, the substantial risk to life and 

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

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

members located onboard the aircraft, the DJI Phantom 2 Vision+ UA (weighing approximately 2 pounds 

11 ounces, at their maximum gross weights with length of 16 inches, widths of 16 inches, and with no fuel 

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

air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons).

3. Performing Aerial Video and Photography, Surveys and Inspections, Operations with the DJI Phantom 

 2 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS are also an economical alternative 

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

Vision+ UAS will allow United States based companies, like VAR, 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+ UAS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility without

the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ UAS, companies such as VAR, can remain competitive and 

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

contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Phantom 2 Vision+ UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in research 

and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, VAR’S 

proposed operation of the DJI Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically, 
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the DJI Phantom 2 Vision+ UAS will be operated only in compliance with operating documents (i.e., the 

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

VAR Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ UA Meet The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333.

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

aircraft and its operation, VAR’S operation of the DJI Phantom 2 Vision+ UAS meet the conditions of 

FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

In seeking this exemption, VAR submits that the DJI Phantom 2 Vision+ UAS can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 

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

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision UAS do not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS. The technical specifications of 

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

Data Sheet.

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS 

To Remain Within A Defined Operational Area.The DJI Phantom 2 Vision+ UAS may be operated 

in both manual and fully autonomous flight modes. A complete

description of the flight and navigational modes of the DJI Phantom 2 Vision+ UAS User Manuals.

iii. The DJI Phantom 2 Vision+ 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+ UA will remain stationary, in flight, for 3 seconds or more. 

If, after 3 seconds, the DJI Phantom 2 Vision+ UA does 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+ UA are set forth in 

the DJI Phantom 2 Vision+ User Manual, attached.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation. A complete description of the operation 

and specifications of the DJI Phantom 2 Vision+ GCS and flight control software is provided in the 

DJI Phantom 2 Vision+ User Manual.

b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The Line Of Sight Of A 

 Certificated Pilot in Command With A Safety Observer.
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VAR will only utilize certificated pilots who possess a current and valid airman medical certificate 

to act asa pilot in command (PIC) of the DJI Phantom 2 Vision+ UAS. Additionally, a safety 

observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific Operating 

 Limitations.

In seeking this exemption, VAR proposes to commercially operate DJI Phantom 2 Vision+ UAS 

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

States, pursuant to the following specific operating limitations:

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

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum 

gross weight: DJI Phantom 2 Vision+ Unmanned Aircraft Systems. Proposed operations of any 

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

 

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

aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 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) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able 

to communicate verbally at all times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate the 

camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations 

and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and the procedures outlined in the 

operating documents, the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its operating documents. 

It is the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the operator must petition for amendment to its grant of exemption. 

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.
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10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

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

components, items, or equipment, not already covered in the relevant sections of the operating 

documents.

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

replacement, inspection, and life limit requirements.

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person returning 

the UAS to service.

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

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

against discrepancies discovered between inspections.

17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably 

operate the DJI Phantom 2 Vision+, or hold an equivalent pilot license approved by the FAA.

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

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive and emergency maneuvers and 

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights 

for the purposes of training the operator’s PICs are permitted under the terms of the exemption. 

However, training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for flight operations 

are considered nonparticipants, and the PIC must operate the UA with appropriate distance from 

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed area of operations. Flights 

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

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

current FAApublished 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.
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22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

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

with the operating documents.

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

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining.

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

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in 

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

altitude level and potential transponder requirements.

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

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request.

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

activities at all times.

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

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).
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32. All operations shall be conducted over private or controlled-access property with permission from 

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted.

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

the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov

VAR AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S 

FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL 

FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. 

THANKYOU FOR YOUR CONSIDERATION.

VICTOR A. ROEDER