U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11, Creation View Imaging, Inc. seeks an exemption from Federal Aviation 

Regulations ("F ARs") detailed below for the Dn Phantom 3 Professional, Dn Phantom 3 

Advanced, DJI Phantom 2 Vision+, DJI Phantom 2, DJI Inspire 1, DJI S1000+, and DJI S900. 

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the system to support aerial surveying, aerial photography, 

agriculture, wildlife and forestry monitoring, wild land firefighting support, patrolling, aerial 

inspection, real estate surveying, search and rescue operations, crew member training, hobby 

flying training, commercial operator training and mapping operations. By approving these 

exemptions, the FAA will support various industries, benefit the environment and build a new 

profession, all of which are in the public interest. 

Each DJI UAS weighs less than 55 lbs. fully loaded, will be operated at a speed no more than 87 

knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and 

operate exclusively within an approved COA airspace. All DJI UA Systems use a radio 

frequency spectrum for operation and control that complies with Federal Communications 

Commission ("FCC") requirements and has integrated safety features as described within user 

manuals for each DJI UAS. The UAS are equipped with redundant safety mechanisms allowing 

them to operate safely after experiencing certain in-flight failures. If a lost-link event occurs, 

including the loss of ground communications and/or the loss of a GPS signal, the UAS have the 

ability to perform a pre-coordinated, predictable, automated flight maneuver and return to a 

predetermined location within a designated security parameter for landing. The UAS further 

have the ability to abort a flight in the event of unpredicted obstacles or emergencies. The 

aircraft will be operated in the field with both a ground-based Pilot in Command (PIC) and a 

ground-based Visual Observer (VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned 

Aircraft Systems" with the following additional restrictions: 

-All operations will be conducted IA W the Air Traffic Organization (ATO) Certificate of 

Waiver or Authorization (COA). 

-All UAS operations will remain clear of manned aviation operations and activities at all times. 

- All operations will occur at or below 400' AGL. 

- Operations will be operated over private property with the permission of the land owner. 

-The UAS will not be operated by a PIC from any moving device. 

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~ The aircraft will not be operated within 5 NM of an airport or heliport unless prior coordination 

with ATC or airport management is made. 

~Operations will be limited to day, visual meteorological conditions. 

~Aircraft will remain within Visual Line of Sight of the PIC and VO at all times. 

~ While the aircraft is airborne, the VO will be positioned within voice distance of the PIC 

~The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, 

chapter 4. 

The PIC will hold at least a Private Pilot Certificate. Additionally, the PIC will perform 

maintenance on the system and will complete a course of maintenance instruction as part of their 

initial training. Due to the simplicity of the system, we do not anticipate the need for a 

supplemental pilot. 

We submit that the combination of the aircraft's light weight, historically demonstrated flight 

performance, fully qualified flight crew and strict operation under the guidelines established in 

8900.1, the FAA can have confidence that the operation will have an equivalent or greater level 

of safety of manned aircraft performing the same mission. 

The name and contact information of the applicant are: 

Creation View Imaging, Inc. 

2604 Aga Drive 

Alexandria, MN 56308 

Attn: Nevin Smith 

Ph: 320-491~6654 

Email: nevins5420@gmail.com 

The regulations from which the exemption is requested are as follows: 

~ 14 CFR Part 21 

- 14 CFR 91.203 

- 14 CFR 45.23, 45.29 

~ 14 CFR 91.9 

~ 14CFR61.113 

- 14 CFR 61.3(d) 

- 14 CFR 91.109, 91.119 

- 14 CFR 91.121,91.151 

-14 CFR Subpart£ (91.401- 91.417) 

~ 14 CFR 91.103(b) 

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification. 

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Sincerely, _ 1\ ... A 

1~~~ Nevin E. Smith, Jr. 

Assistant Chief Pilot, Unmanned Aerial Systems 

Creation View Imaging, Inc. 

Appendices: 

A Exemption Request and Equivalent Level of Safety 

B. Privacy Issues 

C. Safety Assessment 

D. Maintenance Procedures 

E. User Manuals 

F. Training Program 

G. Emergency Procedures 

H. Aviation Experience 

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Appendix A 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Creation View Imaging, Inc., requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation ofDJI UAS: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for UAS, we request an experimental 

certificate be issued for DJI UAS under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including 

flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs., we 

propose that DJI UAS will be at least as safe, if not safer, than a conventionally certificated 

aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

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(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew." Each Dll UAS is too small to carry documentation, does 

not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground 

control station and available for inspection upon request. In order to identify the aircraft, we 

propose that the information found on airworthiness and registration certificates be permanently 

affixed to the aircraft via placard: 

Manufacturer: DJI 

Models: Phantom 3 Professional, Phantom 3 Advanced, Phantom 2 Vision+, 

Phantom 2, Inspire 1, SlOOO+, and S900 

Registered to: 

Creation View Imaging, Inc. 

2604 Aga Drive 

Alexandria, MN 56308 

If found please contact (320) 491-6654. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. Each DJI UAS does not have an entrance in which the word "EXPERIMENTAL" 

can be placed, but it will have a registration number assigned to it by the FAA. 

We propose that all aircraft operated in accordance with this exemption be identified by serial 

number, be registered in accordance with 14 CFR Part 47, and have identification (N-number) 

markings in accordance with 14 CFR Part 45, Subpart C. However, due to the small size of the 

aircraft we request that the markings be reduced in size to "as large as practical." 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We request an exemption to this requirement. Since the aircraft is not 

only too small to carry documentation, the documentation would not be available to the crew. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved Airplane Flight Manual (appendix E) must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight. 

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14 C.F.R. § 61.113(a) & (b) (Private Pilot Restrictions on Compensation). 

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Section 61.113( a) and (b) prohibit private pilots from operating an aircraft for compensation or 

hire. Generally, a person must possess a Commercial Pilot Certificate, which requires a 

minimum of 250 hours as well as additional FAA testing. This requirement is unnecessary to 

operate the DJI UAS as proposed. The proposed operational restrictions outlined above in 

conjunction with the DJI UAS specific training that each UAS pilot receives, will achieve more 

than an equivalent level of safety to manned operations with a Commercial rating. Because the 

DJI U A V does not carry a pilot, passengers, or cargo, and is controlled via remote station, there 

is no risk to persons or cargo as anticipated by a Commercial rating. Commercial Pilot 

Certification is also unnecessary because of the autonomous characteristics of the DJI UA V as 

well as the limited locations of proposed operations. Due to the operations under the proposed 

restrictions outlined above and the DJI UAS integrated safety features, an equivalent level of 

safety will be attained by allowing operation ofDJI UAV with a Private Pilot Certificate. 

14 C.F.R. 61.3(d) (Requirement of Certificate for Flight Instruction). 

This regulation requires that only those holding a Flight Instructor Certificate issued under the 

FAA's regulations can give training required to qualify a person for solo flights. As no rating 

currently exists for the operation ofUAS, petitioner requests exemption from this requirement. 

All listed operators in this request for exemption hold, at minimum, a Private Pilot Certificate 

and have each received mandated flight instruction for their respective ratings. Creation View 

Imaging (CVI) will provide all PIC's and VO's with a thorough 3 day training program on the 

operation of the DJI UAS by qualified CVI DJI Flight Instructors. This instruction, coupled with 

the trainee's existing aeronautical knowledge consistent with their rating, will grant them the 

necessary knowledge for safe operation of the DJI UAS. The substantial degree of automation 

built into the DJI flight system and the ratings and training of the operators are equivalent to the 

requirements of 14 C.F.R. § 61.3( d) and will provide the same level of safety. 

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The DJI UAS ground control 

station is based on a small hand-held radio controller and, if applicable, a mobile device. While 

it does not offer a second set of"controls", both the student and instructor can, and will, operate 

the single set of controls simultaneously. With both student and instructor having "hands-on" the 

controls during flight, we feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation provides that over congested areas aircraft cannot operate closer than 1,000 feet 

of the highest obstacle within a 2,000 foot radius. And that over sparsely populated areas the 

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aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since 

the UA V will be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement. 

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed on the expected route of flight and 

the associated risks to persons and property on the ground. In addition we will notify any other 

land owner within 200 feet of the planned UAV flight path prior to UAV operations. This will 

allow us to operate safely within congested areas with a consideration toward maintaining 

personal privacy. We maintain that due to the small size of each DJI UAV, the hazard to 

persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be 

considered in granting the exemption. The aircraft will be operated at an altitude allowing, if a 

power unit fails, an emergency landing without undue hazard to persons or property on the 

surface. 

14 CFR 91.121 Altimeter settings. 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 nautical miles of the aircraft. The UAV will fly below 400 feet 

AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with 

other aircraft. As such, an appropriate altitude measurement presented to the pilot should be 

Above Ground Level and should be based on the digitally encoded telemetric data feed, which 

downlinks from the aircraft to a ground-based on-screen display. The altitude information will 

be generated by equipment installed onboard the UAS, using GPS triangulation, digitally 

encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a 

zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. 

Since the aircraft will fly no more than 45 minutes, even rapid changes in barometric pressure 

will have limited effect on the safety of the flight. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide a reserve of 

energy as a safety buffer for go-arounds and other delays to landing. 

Each DJI UAS is battery operated and the maximum duration of flight from a single battery 

charge is 45 minutes or less. Since the UA V will never fly more than VLOS from the PIC and 

the VO near the point of intended landing, a full battery charge at launch will ensure that we 

meet the reserve energy requirement of this paragraph. The UAS will not be operated unless it 

can begin the flight with enough power to complete the intended operation and operate after that 

for at least five minutes or with the reserve power recommended by the manufacturer. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

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14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, and 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the UAV and "be authorized to approve the aircraft for return to service." 

The UAS will be maintained IA W the manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for both the system and related components. A Flight 

Time and Maintenance Logbook will be kept with each UAS at all times. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating 

software and firmware. All other maintenance will be performed by the manufacturer. The PIC 

will document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

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

characteristic will undergo a functional test flight prior to conducting further operations. 

Functional test flights will only be conducted by a current and qualified PIC and VO and will 

remain 500 feet from other people. 

14 CFR 91.103(b)- Preflight Action 

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include, "For any 

flight, runway lengths at airports of intended use, and the following takeoff and landing distance 

information: ... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein." 

The PIC will take all actions including reviewing weather, flight battery requirements, aircraft 

performance data, and landing and takeoff distances before initiation of a flight. The PIC will 

also account for all relevant site-specific conditions in his preflight procedures. Risks presented 

by sun glare will be mitigated by the PIC and VO. This will increase their ability to see other air 

traffic and initiate a return-to-home sequence if needed. However, given the limited nature on 

how the UAS will be used and that all operations will not be conducted within an airport 

environment, takeoff and landing data associated with airport data will not be applicable. 

Therefore, we request relief from 91.103(b). 

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PRIVACY ISSUES 

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AppendixB 

The operations outlined in this petition will not raise any privacy concerns. Operations 

will be conducted over private property with the consent of the land owner. Adjacent land 

owners within 200 feet of the commercial UAS operations boundary will be notified of the date 

and time ofUAS operations. No images or other data collection will be taken of any property 

without the expressed written consent of the land owner. 

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SAFETY ASSESSMENT 

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AppendixC 

Prior to each UAS operation the PIC will conduct an Operational Safety Assessment. This 

assessment will, at a minimum, include: 

a. No adverse weather (rain, snow). 

b. Outside Air Temperature (which may affect UA V operation). 

c. Wind direction and speed. 

d. Sun angle effect on visual acuity. 

e. Proximity to structures. 

f. Proximity to power lines. 

g. Avoid sources of magnetic interference (metal surfaces, etc.) 

g. Proximity to people. 

h. Operational considerations: 

1) Inspect propellers, gimbal, camera, remote control. 

2) Anti-drop kit and dampers in good condition. 

3) Check all UAS batteries to greater than 90% capacity. 

4) Good GPS signal. 

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UASNUUNTENANCEPROCEDURES 

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AppendixD 

The Creation View Imaging Chief Pilot is responsible for the proper maintenance and operational 

safety of each individual UAS. He is also responsible for overseeing the proper maintaining of each UAS 

logbook. 

The PIC is responsible for the inspection and safe operation of each UAV flight. Prior to each 

flight the PIC will inspect the UAS for proper operation. He will also conduct a Operational Safety 

Assessment prior to beginning an operational flight. 

At the conclusion of each flight, the PIC will log the flight time and any maintenance required for 

the UAS. If the PIC cannot perform the required maintenance he will notify the Chief Pilot. 

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USER MANUALS 

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AppendixE 

Each UAS will have its own user manual. Both the PIC and the VO will have access to the 

manual during all flight operations. 

In addition, Emergency Procedure checklists will be provided and required to be carried by both 

the PIC and the VO during all flight operations. These checklists include: 

a. Failsafe Activation (Lost Link). 

b. Failsafe Recovery Procedure. 

c. Regaining Control During Failsafe Procedure. 

d. Low Battery Indications. 

e. Low Battery Recovery. 

f. UA V Flyaway Procedures. 

g. Dll "Find My Phantom Procedure" (Backup UAV Recovery Procedure). 

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TRAINING PROGRAM 

UAS PILOT IN COMMAND (PIC) 

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AppendixF 

Creation View Imaging's (CVI), has extensive experience with manned aircraft. As such CVI 

requires FAA certificated pilots to operate our unmanned aerial vehicles (UA V), adding an 

additional level of safety. CVI requires that the PIC hold at least a FAA issued private pilot's 

license and a second class medical (or higher) to operate the UAS. All pilots will abide by the 

requirements set forth in 8900.1 CHG 351 Volume 16. All CVI PICs and Visual Observers 

(VO) will be instructed through the company's training program which will include how to 

operate the UAS under Creation View Imaging's Standard Operating Procedures for UAS's. In 

addition, the pilot will operate the UAS for at least 5 hours, completing at least 20 successful 

takeoff and landings. To successfully complete training each pilot will take a written and 

practical exam. If passed, the pilot will be certified to operate the UAS as PIC for CVI. 

UAS VISUAL OBSERVER (VO) 

Visual Observers will be required to hold a third class medical. They will assist the PIC in pre 

and post flight operation. This will include recovery and data collection from the recovered 

UAV. The observer's primary role will be to serve as crew for the UAV at all times in case the 

PIC loses visual line of sight of the aircraft. The VO will be required to undergo the same 

training program as the PIC. The VO will have a separate written and practical exam that must 

be passed before being certified as aVO. 

Training Program 

The training program for both parties will consist of the following: 

a. FAA Conditions and Limitations. 

b. DJI UAS Systems. 

c. UAS Assembly. 

d. Control Station Operation. 

e. Flight Planning Operation and Maneuvering. 

f Emergency Operations. 

g. Recovery Procedures. 

h. Data Retrieval. 

i. UAS Maintenance. 

j. CVI Standard Operating Procedures (SOP). 

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Appendix G 

The Dn UA V has preprogrammed responses for various emergency scenarios including 

loss of communication, loss of GPS and low battery. Flight plans are built to mitigate risks prior 

to operation and allow for a successful controlled recovery of the aircraft. In the event the UA V 

loses communication with the control station, it will stop its normal operation and begin to loiter 

at its current position in an attempt to reacquire the signal. If the signal is not reacquired after a 

certain period of time, the aircraft will return to its predesignated landing point and 

autonomously land. 

If the UAV loses GPS signal this should be noted on the smart device receiving 

telemetry. The PIC can simply take over manual control without GPS and fly the UA V back for 

a normal manual landing. 

In the event of a low battery, the UA V will automatically return to home where it will 

land. If the battery becomes critically low the UAV will automatically begin a descent to 

landing at its current location. 

In the event of any in flight emergency, the PIC has the ability to terminate the flight 

operations immediately and return the UA V for a manual landing. The UA V will then be 

inspected and will not return to service without proper authorization from the Chief Pilot. 

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AVIATION EXPERIENCE 

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AppendixH 

The CVI Chief Pilot has over 10,000 hours of flying time. His ratings include ATP, CFI, CFII 

and CFME with over 7,000 hours of instruction in general aviation aircraft. He is the owner/operator of 

On His Wings Flight Academy. He has also logged over 25 hours with DJI Unmanned Aerial Systems. 

The CVI Assistant Chief Pilot has over 20,000 hours of flying time in military and civilian 

aircraft. He has an ATP, has instructed in military aircraft and is currently employed as a Captain with a 

major U.S. airline. He has logged over 40 hours with DJI Unmanned Aerial Systems. 

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