October 31, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Accident Research Specialists, PLLC for an Exemption Pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned 

Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Accident Research Specialists, PLLC hereby applies for an exemption 

from the Federal Aviation Regulations identified below to allow for the commercial operation of 

the DJI PHANTOM 3 (“PHANTOM”) and DJI MATRICE 100 (“MATRICE”) all of which are 

manufactured by DJI Innovations. Where all equipment is being referenced they will be 

referenced as (“THE EQUIPMENT”).

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Accident Research Specialists, PLLC requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).
II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft 

systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a 

hazard to users of the national airspace system (NAS) or the public or pose a threat to national 

security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or 

how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF Accident Research Specialists, PLLC AND ITS 

SERVICES

Accident Research Specialists, PLLC (ARS) investigates a variety of motor vehicle accidents, 

construction failures, workplace accidents, fires, explosions, marine accidents, and product 

failures. ARS enjoys a strong, objective reputation among a diverse client base of insurance 

carriers, policyholders, plaintiffs’ attorneys, defense attorneys, corporate counsel, and 

government agencies. 

The contact information for the petitioner, Accident Research Specialists, PLLC, is as follows:

Bill Zahn

Owner

Accident Research Specialists, PLLC

1631 NW Maynard Rd, Suite 101 

Cary, North Carolina 27513

http://www.accident-research.com/

IV. DESCRIPTION OF PROPOSED OPERATIONS

ARS is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to 

Section 333 of the Reform Act to perform aerial photography and videography not limited to but 

including: inspections and documenting locations, scenes, vehicles, equipment, aerial mapping, 

precision surveying, inspection of above ground structures and infrastructure, agriculture, 

mining, transportation, real estate and insurance assessment needs, etc.
A. The Aircraft

ARS will operate the DJI PHANTOM 3 (“PHANTOM”) and DJI MATRICE 100 (“MATRICE”)

all of which are manufactured by DJI Innovations.

The PHANTOM is a battery operated quadcopter with a maximum flight time of 25 minutes. 

The vehicle weighs approximately 2.82 pounds with a maximum takeoff weight of 

approximately 3 pounds. It has fixed landing gear, vibration dampers, small frame air incline and 

minimalized gimbal mount, which allows for a 90 degree of view from the camera. Although the 

vehicle’s ground speed has a maximum of 25 mph, it will be operated between 2 and 35 miles 

per hour, and it will operate at or below 400 feet AGL. 

The PHANTOM’s manufacturer’s specifications are shown in the Appendix of the Quick Start 

Guide and the USER Manuals for each airframe. 

The inherent safety features, sophistication, programmability, GPS navigation, return home 

capability, airport vicinity no-fly feature and restricted altitude feature, as well as differentiating 

radio frequency (rf) for aircraft controller/receiver and for the camera make this a much safer 

UAV for the purposes of this petition. These are hobby grade radio controlled UAVs that has the 

capacity for software upgrades. It is light, less than 3 pounds including battery and camera. 

Incorporated into the programming of the PHANTOM is an automatic return home feature that 

automatically directs the craft back to point of take-off should communication with the 

transmitter be lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of 29 

knots. Maximum flight time is 25 minutes. 

The PHANTOM has a communication link between the camera and aircraft allowing the 

operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, 

camera imagery, and also control camera angle. The software for the PHANTOM allows the 

operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights 

to no higher than 100 feet, 150 feet, or 250 feet AGL as examples. The 400 foot maximum AGL

is by default programmed into the UAV's software pre-flight to insure compliance with FAA 

standards adding to the safety capabilities of this UAV. This UAV is programmed to remain in 

position when controls are released, maintaining altitude and GPS location. 

The PHANTOM has an altitude and radar monitoring function that allows the operator more 

precise determination of height, direction of flight and distance from the operator/PIC. The 

operator/PIC can monitor GPS lock status while the UAV is in flight, with the ability to 

anticipate loss of GPS locking so the operator/PIC can land the UAV as a precaution. 

The MATRICE is a battery operated quadcopter with a maximum flight time of 18 minutes. The 

vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5 

pounds. 

The MATRICE is a fully customizable and programmable flight platform. It is equipped with 

DJI’s easy-to-fly technology and optimized for easy programming through the DJI SDK. The 
MATRICE has guidance which is a revolutionary visual sensing system. With a powerful 

processing core, integrated visual cameras, ultrasonic sensors, and the most advanced computer 

vision algorithms in the world. Guidance includes five sensor modules and one central processor. 

Guidance continuously scans the nearby environment and detects obstacles in real time. When 

used with a DJI flight controller, it can tell your flight system to automatically avoid collision, 

even at high speeds. Guidance’s vision positioning system is effective at altitudes of up to 65 

feet (20 meters). DJI’s new N1 flight controller keeps the MATRICE stable and responsive.

The MATRICE has an upgraded version of the respected DJI E800 electric propulsion system. 

Four powerful, brushless motors and four lightning fast Electronic Speed Controllers are 

integrated into the platform, providing complete control during flight. The MATRICE has an 

enhanced GPS with a foldable mount helps track the MATRICE’s position in real time, while 

enabling faster satellite acquisition, more accurate position holding and flight planning.

Considering the programmability and safety features of these UAVs, it serves as the best option 

to protect the Public and NAS for the purposes of this petition. 

Similarities, Distinctions and Differences 

ARS is using a UAV that has the capability for taking off and landing at a single point, identical 

to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be 

flown to areas being aerial video recorded or photographed. Allowing a reduced and more 

confined area of flight. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this 

petition are not complicated. Engineering and design allows layman maintenance. Pre-flight 

inspections for cracks, damage or other physical conditions that could hamper safe flight will be 

conducted prior to any and all missions. Post flight inspections will also be conducted in order to 

aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 

Thorough inspection of the UAV shall be conducted and flight response tested should a hard 

landing or crash occur insuring that the UAV can operate in a safe manner before conducting any 

further missions. 

Like the Astraeus Petition Petitioner ARS requests waiver or exemption for markings due to the 

small size of the fuselage for THE EQUIPMENT. 

Petitioner ARS requests modification, waiver or exemption and clarification (within reason) 

concerning section 91.119 prohibition of flight in congested areas. Petitioner ARS requests 

waiver for this condition to allow reasonable and responsible videography in congested areas of 

subdivisions and neighborhoods. 

In compliance with Section 90.151 (a) THE EQUIPMENT are battery operated UAV/UAS with 

battery level monitoring capability. Fully charged battery flight time is rated at 18-25 minutes, 

with videos/photos taking much less time to record. Operator or PIC is warned when battery

level is low. 
Petitioner ARS requests waiver/exemption from Section 91.203 (a) since the Phantom is a hobby

grade UAV/UAS that should not require an airworthiness certificate. Posting of special flight 

authorization would not be possible since THE EQUIPMENT have no cabin and are not large 

enough to carry a certificate. However, a special flight authorization can be maintained by the 

operator to make available upon request. 

B. ARS Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

ARS proposes to operate within the limitations and performance specifications listed in the 

USER MANUALS (see attachments), which are summarized below. These limitations provide 

for at least an equivalent, or higher, level of safety for operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the protocols.

The proposed operations do not create any hazard to users of the national airspace system or pose 

a threat to national security. The aircraft is a battery operated quadcopter with a maximum flight 

time of 18-25 minutes. THE EQUIPMENT weighs approximately 2.6 – 25 pounds. It has 

vibration dampers and small frame air incline. The vehicle’s ground speed has a maximum of 25-

49 mph but it will be operated between 5 and 35 miles per hour, and it will operate at or below 

200 feet AGL. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. THE 

EQUIPMENT carries no fuel, and therefore the risk of fire following an incident or accident due 

to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being 

operated by the petitioner reduces the risk to participating persons in close proximity to the 

aircraft due to the limited size, weight, operating conditions, and design safety features of THE 

EQUIPMENT.

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring THE EQUIPMENT to yield right of way to all other manned operations. Additionally, 

the operator will request a NOTAM prior to operations to alert other users of the 

NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight 

failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low 

battery RTH and failsafe RTH. The aircraft is also able to respond to a lost-link event with a precoordinated, predictable, automated flight maneuver.

2. Reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule. 
Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, ARS proposed operations using 

THE EQUIPMENT would “not create a hazard to users of the national airspace system or the 

public or pose a threat to national security.” Reform Act Section 333(b) (1).

1. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

2. Flights will be operated within visual line of sight of the pilot in command (PIC).

3. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

4. Maximum flight time for each operational flight will be approximately 15-20 

minutes.

5. The aircraft will be safely landed with no less than the greater of (a) 20% battery

life remaining or (b) three minutes of flight time remaining.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will be operated at a lateral distance of at least 50 feet from any persons or 

property not associated with the operation who have not given prior permission.

8. Flights will be limited to a groundspeed of 5-35 mph.

9. The PIC will possess at least a sport pilot certificate and a valid state driver’s 

license. 

10. Any designee from ARS will have completed a Basic Operator Course for THE 

EQUIPMENT. 

11. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

12. The flight operations will yield the right of way to other manned aircraft 

operations.

13. All persons who are not involved with flight operations will be required to stay 50

feet from the edge of the flight operation perimeter. 

14. ARS will provide NOTAM details to the FAA 24 hours prior to each flight.

15. All required permissions and permits will be obtained from territory, state, county

or city jurisdictions prior to flight.

16. Prior to commencing operations, ARS will obtain a Certificate of Waiver or 

Authorization (COA) from the FAA if flying above 200 feet AGL.

17. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

18. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land.

19. The flight will be aborted in case of unpredicted obstacles or emergencies.

20. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are fully documented in the 

attached User Manuals.
V. SPECIFIC FAR EXEMPTIONS REQUESTED

ARS seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 

91 for purposes of conducting the requested operations THE EQUIPMENT. Listed below are (1) 

the specific FAR sections for which exemption is sought, and (2) the operating procedures and 

safeguards that ARS has established which will ensure a level of safety better than or equal to the 

rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of THE 

EQUIPMENT that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: THE EQUIPMENT are safe when taking into account its size, 

weight, speed, and operational capability. THE EQUIPMENT weighs approximately 3-6 pounds 

and either will be flown at speeds of 5-35 miles per hour, and in visual line of sight of the 

operator. THE EQUIPMENT do not carry pilots, passengers, explosive materials, or flammable 

liquid fuels. THE EQUIPMENT will be operated within the parameters of the User Manuals.

ARS will also provide the FAA with advance notice of all operations via a NOTAM and 

coordination with the local Flight Standards District Office (FSDO). The proposed operations 

will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions proposed here. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent THE EQUIPMENT would otherwise require certification 

under Part 27, ARS seeks an exemption from Part 27’s airworthiness standards for the same 

reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and

Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable.
14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft “have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: ARS will mark all THE EQUIPMENT with their N- Number in a 

prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

ARS seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft 

for compensation or hire and would also require a second class medical certificate. The purpose 

of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which

the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or 

cargo for hire.

While THE EQUIPMENT will be operated as part of a commercial operation, they carry neither 

passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA 

determined that the unique characteristics of UAS operation outside of controlled airspace did 

not warrant the additional cost and restrictions attendant with requiring the PIC to have a 

commercial pilot certificate and a class II medical certificate. The FAA has also determined that 

the required knowledge for a commercial pilot covers the same fundamental principles as a 

private pilot.

The PIC will possess at least a sport pilot certificate, a third class medical certificate, and will 

have completed a Basic Operator Course for THE EQUIPMENT.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the airmanship 

skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in THE EQUIPMENT operations described above.
The restrictions ARS has placed on THE EQUIPMENT operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. ARS will 

operate in restricted areas (the sites) away from persons and property not involved in the 

operation. The aircraft will be flown based on VLOS at or below 400 feet AGL, so as to 

accommodate flight operations on specified sites. A NOTAM will be issued at least 24 hours 

before the flight is to occur, and the flight will be coordinated with the applicable FSDO.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

ARS seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, ARS

requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 

Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b)No person may operate a U.S.-registered civil aircraft -

...

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

ARS does not request an exemption from this section but instead notifies the FAA that, in 

accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight 

manual, registration certificate and other documentation will be kept at the control station with 

the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations. See also Grant of Exemption 

No. 11062, pp. 19-20, and Grant of Exemption No. 8607.
G. 14 C.F.R. § 91.103: Preflight Action

ARS seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on 

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

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption 

No. 11062, p. 20. An exemption is requested to the extent that an FAA-approved Flight Manual 

is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the User 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The User Manuals will be kept at the ground station; with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

ARS seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through 

the use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with 

the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. 

Given the size and speed of THE EQUIPMENT, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the aircraft, and all 

persons will be a safe distance away in the event that the aircraft experiences any difficulties 

during flight instruction. These flights will comply with the provisions in the User Manuals. 

Accordingly, ARS proposed method of operation provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

ARS requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. The FAA has already determined that relief from 

Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight 

restrictions as those imposed by ARS. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights proposed herein, and given the lack of flammable fuel, any risk 

associated with these operations is far less than those that presently exist with conventional 
aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of THE 

EQUIPMENT, as well as the locations where it is operated. In order to avoid any risk to aircraft, 

flight operations will be restricted to 400 feet AGL or below. As set forth in the User Manuals 

and herein, THE EQUIPMENT will be operated at sites, away from persons or structures not 

involved in the operation. All persons who are not involved with ARS operations will be 

required to be at least 50 feet from the flight operation perimeter. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport. THE EQUIPMENT use both barometric pressure sensors and 

GPS to determine altitude but do not have the ability to set in a current altimeter setting. An 

exemption is required to the extent that THE EQUIPMENT do not have a barometric altimeter 

setting. The altitude of the aircraft is monitored by the PIC on the ground control station and by

the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 

Exemption No. 11062, p. 20-21. As the attached User Manuals indicate, THE EQUIPMENT will 

be operated at or below 400 feet AGL and comply with the limitations in the Grant of Exemption 

No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

ARS requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane 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 –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on THE EQUIPMENT battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The 

aircraft is battery powered with a maximum flight time of between 18-25 minutes. ARS proposes 

that the maximum flight time for each operational flight will be 18-25 minutes. The aircraft will 

be safely landed with no less than the greater of (a) 20% battery life remaining or (b) three

minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 
with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-

22. The User Manuals providing an equivalent level of safety by safely landing with no less than 

the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and 

otherwise complying with the flight restrictions above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

ARS seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 

91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) 

(stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

THE EQUIPMENT will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the Manuals. This includes maintenance, 

overhaul, replacement, and inspection requirements for the aircraft and procedures to document 

and maintain maintenance records for the aircraft. This also includes preflight inspection 

procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for 

maintenance log books and record keeping as well as routine and post-flight maintenance. The 

Manuals set requirements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting ARS petition for exemption furthers the public interest. National policy set by Congress 

favors early integration of UAS into the NAS in controlled, safe working environments as

proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of 

allowing UAS to operate safely in the NAS before completion of the rulemaking required under 

Section 333 of the Reform Act.

ARS will operate in a manner that will ensure the public’s safety and will set the example for 

others to emulate. It is well established that UAS provide an additional tool for the filmmaking 

industry, adding a greater degree of flexibility, which supplements the current capabilities 

offered by manned aircraft.

VII. PRIVACY

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy. All flights will occur over private or controlled access property with the property 
owner’s prior consent and knowledge. Images or video taken of individuals will have consented 

to being filmed or otherwise they will be made anonymous.

VIII. NATIONAL SECURITY 

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

operate, our petition presents no national security issue. Furthermore, the security screening 

conducted by the Transportation Security Administration of certificated airmen satisfies the 

statutory requirement of Section 333 for operations to not pose a threat to national security.

IX. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

ARS seeks an exemption from the following rules in order to provide aerial imaging, 

photography and videography: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 

45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 

C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 

91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R 

§ 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the hazards associated with operating UAS through deliberate planning, 

risk mitigation, and flight operations.

X. ATTACHMENTS

Attachment 1: DJI Phantom Pilot Training Guide v1.1

Attachment 2: DJI Phantom 3 Professional User Manual v1.2

Attachment 3: DJI Phantom 3 Quick Start Guide v1.0

Attachment 4: DJI Phantom 3 Safety Guidelines Disclaimer 

Attachment 5: M100 User Manual v1.4

XI. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of 

sight, and national security considerations - provides more than adequate justification for the 

grant of the requested exemptions to permit ARS to operate THE EQUIPMENT.

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger; (2) improving the quality of services ARS can provide to its customers; and (3) 

decreasing the risks of unmanned aircraft interfering with manned aircraft
Respectfully submitted,

 By: /s/ Bill Zahn

Owner

Accident Research Specialists, PLLC