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January 26, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

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 of 2012 (the “Reform Act”) and 14

C.F.R. Part 11, William McNeil, Editor Directions Magazine, (hereinafter referred to as “McNeil”) seeks an 

exemption from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A. 

Details of the DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs are described in Appendix B. 

Appendix C is a summary of this request.

The requested exemption would permit McNeil, commercial operation of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional UAVs (each weighting less than3lbs.) with imaging payload to perform

testing of various UAV software applications. The DJI Phantom 2 Vision+ and Phantom 3 Professional

generate high quality imagery and data that can be used to produce different GIS and geospatial 

applications. Precision digital point clouds, contour and photomosaics maps are some of the 

applications that William McNeil will be writing about. The reviews of the various applications will be 

published in Directions Magazine (http://directionsmag.com) so our readers can make informed use 

decisions.

Operations under the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned aircraft 

and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize McNeil to conduct

commercial operations of aerial inspections and mapping using the DJI Phantom 2 Vision+ and 

Phantom 3 Professional, each weighting less 3 lbs. are small in size and powered electrically by battery. 

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs will be operated under controlled

conditions at low altitude in airspace that is limited in scope, as described more fully herein; it will have

automated control features, as described below. The DJI Phantom 2 Vision+ and Phantom 3 

Professional UAVs are designed to be operated by one person but flight operations generally involve

two people: an operator and an observer. The operator is responsible for flying the UAVs, monitoring 

its status and flight dynamics while maintaining visual line of sight, and keeping the flight within

the specified factory limits (in terms of wind, flight range, battery life, etc.) to ensure safe 

operation of the UAVs itself. The observer is responsible for monitoring the airspace for other

aircraft and hazards and instructing the operator before and during flight as necessary to ensure

safe separation/de-confliction with these aircraft and hazards. The operator also will be an individual 

who has passed an authorized training program for the DJI Phantom 2 Vision+ and Phantom 3 

Professional UAVs
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McNeil respectfully submits that because this small, unmanned aerial system – the DJI Phantom 2 

Vision+ and Phantom 3 Professional – will be used in lieu of comparatively hazardous operations now

conducted with fixed wing and employees on foot around roadways. The FAA can have confidence that

the operations will achieve at least an equivalent level or greater level of safety. Approval of this

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for

the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant are: 

William McNeil

Editor, Directions Magazine

Phone: 972 835-2029

7410 Stillwater Court

Garland, TX 75044

The primary contact for this application is:

William McNeil, william.mcneil@directionsmag.com

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

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal 

set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.
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THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

McNeil submits that grant of this exemption application for use of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional UAVs in evaluating and writing UAV articles for Directions 

Magazine (http://directionsmag.com) about surveying, mapping and other GIS applications will

advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of

UAVs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the

Secretary of Transportation to consider whether certain UAVs may operate safely in the NAS

before completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UAVs 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 UAVs size, weight, speed, and operational capability;

● Operation of the UAVs in close proximity to airports and populated areas; and

● Operation of the UAVs within visual line of sight of the operator.

Reform Act § 333(a)(1). If 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) (emphasis added).

2

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, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service:

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

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

Administrator finds the exemption is 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).

The grant of the requested exemption is in the public interest based on the clear direction in Section

333 of the Reform Act; the additional authority 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 and cost savings associated with transitioning to UAVs for aerial surveying, 

mapping and inspection applications. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.

Airworthiness of the DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs

A critical element of the exemption application involves evidence of the airworthiness of the DJI 

Phantom 2 Vision+ and Phantom 3 Professional.

2 Applicant submits that this provision places a duty on the Administrator to not only process applications 

for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the UAVs. McNeil welcomes 

the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise 

that they believe may require modification.
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The criteria set forth in the Order specify the substantive showings of the device’s safety and fitness

for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety. The DJI 

Phantom 2 Vision+ and Phantom 3 Professional UAVs also have a significant set of automated

features to ensure safe takeoff, flight and landing in many conditions, further details of operation can be

found in Appendix B.

Mandatory Operating Conditions

Grant of the exemption to McNeil will be subject to the following mandatory conditions, which are 

based upon operating conditions set forth for operation of UAVs by public entities pursuant to 

Certificates of Authorization, with additional restrictions:

● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

● Aircraft to remain within Visual Line of Sight (VLOS).

● Operations to occur during daylight hours.

● Above Ground Level (AGL) altitude to be restricted to no more than 400 feet.

● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline 

azimuth of runway centerline measured from runway thresholds.

● All operations will include one pilot for flight control and one observer for VLOS enhancement of 

surrounding area near the aircraft

Operator Requirements

McNeil respectfully proposes that operator requirements should take into account the characteristics 

of the particular UAVs. Certain UAVs, such as the DJI Phantom 2 Vision+ and Phantom 3 

Professional, are characterized by a high degree of pre-programmed control and various built-in

technical capabilities that limit the potential for operation outside of the operating conditions set

forth above. The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs also provide many built-in

functional and safety features to assist the operator in safe and reliable operation.

At all times during flight operations, the operator can intervene a programmed flight and take immediate

control.

Additional automated safety functions and safety enhancing features of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional UAVs include the following:

● Automated pre-flight system performance checks

● User pre-flight checklist

● Automated condition or fault detection, warnings, and pre-defined responses to a number of 

flight and system conditions.

◦ Low battery with system and user defined safety thresholds

◦ Lost-link communication

● Pre-defined responses include behavior such as attempting to re-establish radio 

communication, return to home position and hover, return to home position and land, or land in 

current position

● In the case of lost GPS, a manual user flight mode is enabled which allows the operator to 

provide manual navigation inputs to assist in landing the vehicle.
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Given these safety features, McNeil proposes that operators of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional should not be required to hold a commercial or private pilot certification.

Instead, operators should be required to:

● have completed DJI Phantom 2 Vision+ and Phantom 3 Professional authorized training

program for operation and maintenance of the UAVs.

McNeil notes that the FAA has found that safety factors permitted operation of UAVs by operators 

with these qualifications in the case of operations pursuant to public. In summary, applicant seeks an

exemption from the FARs set forth above and in Appendix C to allow commercial operations of a

small unmanned vehicle in surveying, mapping and inspection operations .

Approval of the exemption allowing commercial operations of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional for the purpose of writing articles about new UAV geospatial software 

applications will enhance safety and reduce flight risk by informing our readers about the various 

application features. 

No national security issue is raised by the grant of the requested exemptions. Given the size, load

carrying capacity, speed at which they operate, and the fact that they carry no explosives or other

dangerous materials, the DJI Phantom 2 Vision+ and Phantom 3 Professional pose no threat to national

security.

Operation of the DJI Phantom 2 Vision+ and Phantom 3 Professional for the purpose of journalism 

in accordance with the strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein.

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs meet the criteria set forth in Section 333

of the Reform Act—size, weight, speed, operating capabilities, lack of proximity to airports and

operation within visual line of sight provide are more than adequate justification for the grant of the 

requested exemptions allowing McNeil commercial operation of the DJI Phantom 2 Vision+ and 

Phantom 3 Professional for the purpose of creating first hand product article reviews informing Directions 

Magazine readers about various UAV geospatial applications.

Very truly yours,

William McNeil

william.mcneil@directionsmag.com

Directions Magazine

http://directionsmagazine.com
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

McNeil requests an exemption from the following regulations as well as any additional regulations that 

may technically apply to the operation of the DJI Phantom 2 Vision+ and Phantom 3 Professional

UAVs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 of the aircraft (<3 lbs.)

and the limited operating area associated with its utilization, it is unnecessary to go through the

certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act 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 of the UAVs involved.

In this case, an analysis of these criteria demonstrates that the DJI Phantom 2 Vision+ and Phantom 3 

Professional UAVs operated without an airworthiness certificate, under the conditions proposed

herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an

airworthiness certificate. The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs weigh less 

than 3 lbs., fully loaded. They will not carry a pilot or passenger, will not carry flammable fuel, and

will operate exclusively within an area pre-disclosed and in compliance with conditions set forth

herein. Operations under this exemption will be tightly controlled and monitored by both the

operator, pursuant to the conditions set forth above. The DJI Phantom 2 Vision + and Phantom 3 

Professional UAVs provide at least an equivalent, level of safety to that of such operations being

conducted with conventional aircraft that would be orders-of-magnitude larger and would carry

passengers, cargo, and flammable fuel. The automated safety features including redundant sensor

systems as described in Appendix B and throughout this document highlight the design intentions

towards safety and reliability on DJI Phantom 2 Vision + and Phantom 3 Professional.

14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the

registration number of the aircraft. Each suffix letter used in the marks displayed

must also be a Roman capital letter.

(b) 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 
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more than 6 inches high, the words “limited,” “restricted,” “light sport,” “experimental,” or 

“provisional,” as applicable.

Regulation 91.9(c) provides:

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

accordance with part 45 of this chapter.

The DJI Phantom 2 Vision + and Phantom 3 Professional UAVs have no entrance to the cabin,

cockpit, or pilot station on which the markings can be placed. Given the size of the UAVs, two inch

lettering will be impossible. 

The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167,

10167A and 10700.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft 

that carries a pilot, passengers, and cargo, the DJI Phantom 2 Vision + and Phantom 3 Professional

UAVs are remotely controlled and no passengers or property of others are board. Section 61.133(a)

requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for

compensation or hire. McNeil respectfully proposes that operator requirements should take into

account the characteristics of the particular UAV. McNeil’s DJI Phantom 2 Vision + and Phantom 3 

Professional have a high degree of pre-programmed control and various built-in technical capabilities

that strictly limit the potential for operation outside of the operating conditions set forth in the exemption

application.

The DJI Phantom 2 Vision + and Phantom 3 Professional UAVs have a state of the art platform with

advanced features previously restricted to full size unmanned aircraft. Automated features and 

advanced fly-safe controls enable safe, reliable operation, as well as advanced networking capabilities

and system extensibility.

● Plan your flight or fly ad-hoc: The system can autonomously fly a programmed flight path or fly

in manual mode

● Smart batteries and charger: Flight time and battery minutes are displayed at all times. The 

system will return home and land automatically if user-configurable limits are reached.

Flight safety is a priority, no matter the operating environment or project. The DJI Phantom 2 

Vision + and Phantom 3 Professional offer superior safety over manned aircraft and employees near the 

roadway. With multiple built-in safety features, the DJI platform leads other UAVs with respect to

safety.

● Intelligent fault handling: The system automatically detects potential issues - with

configurable automated response behavior such as a return-home-and-land routine

● Automatic pre-flight checks: The system self-calibrates all of its sensors and 

performs self-tests prior to takeoff to check for errors

● Self-monitoring: Monitoring battery levels, in-flight wind speeds, and other system and 

environmental conditions are automatically handled by the system

● Battery communication: Battery minutes and flight time are displayed at all times. The

system will return home and land automatically if user-configurable limits are reached.
8

Additional automated safety functions and safety enhancing features of the DJI Phantom 2 Vision + and 

Phantom 3 Professional UAVs include the following:

● Auto detection of lost GPS warns the pilot and initiates an immediate landing.

● Low battery on the DJI Phantom 2 Vision + and Phantom 3 Professional triggers a Non-Fatal

Warning alarm to return home, land and replace the battery

● Very low battery on the DJI Phantom 2 Vision + and Phantom 3 Professional triggers a Fatal

Error alarm and initiates an emergency descent landing.

Given these safety features, McNeil proposes that operators of the DJI Phantom 2 Vision + and 

Phantom 3 Professional UAVs should not be required to hold a commercial or private pilot certification.

Instead, operators should be required to:

● have completed authorized DJI Phantom 2 Vision + and Phantom 3 Professional training

program for operation of the UAVs.

The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot requirements for 

commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the DJI Phantom 2 Vision + and Phantom 3 Professional without a private pilot’s certificate

or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the DJI Phantom 2 Vision + and Phantom 3 

Professional UAVs (given its size, speed, operational capabilities, and lack of combustible fuel)

are so diminished from the level of risk associated with private pilot operations or commercial

operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing

operations of the UAVs as set forth above meets or exceeds the present level of safety provided

under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to

operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft

airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the DJI Phantom 2 Vision + and 

Phantom 3 Professional without an airworthiness certificate, no standard will exist for airworthiness

of the DJI Phantom 2 Vision+ and Phantom 3 Professional. Given the size of the aircraft and the

previous COAs issued for the DJI Phantom 2 Vision + and Phantom 3 Professional, an equivalent

level of safety will be achieved by ensuring compliance with the DJI Phantom 2 Vision + and 

Phantom 3 Professional manuals prior to each flight.

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

Aircraft.
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The regulation

provides:

No person may operate a U.S. registered civil aircraft

...

(2) For which an Airplane or Rotorcraft Flight Manual is not 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.

Given the size and configuration of the DJI Phantom 2 Vision+ and Phantom 3 Professional, they 

have no ability or place to carry such a flight manual on the aircraft, not only because there is no

pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User Guide, 

Exhibit 1) at the ground control point where the pilot flying the UAVs will have immediate access to it. 

The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737,

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

14 C.F.R. § 91.103: Preflight

action

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. An equivalent level of safety will be provided as set forth in the DJI Phantom 2 Vision+ 

and Phantom 3 Professional User Manuals. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight

Instruction

These regulations provide that no 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.

The DJI Phantom 2 Vision+ and Phantom 3 Professional are remotely piloted aircraft and by design, do

not have fully functional dual controls. Flight control is accomplished through the use of a control box

that communicates with the aircraft via radio communications. The flight plan is either manually

controlled through point-and-click touchscreen navigation or pre-programmed as waypoints or an

Auto Grid into the auto pilot before or during flight and only in unusual circumstances will the pilot

input control functions to alter the pre-programmed flight. If instruction is accomplished through a

training program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of aircraft

and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The

equivalent level of safety will be achieved by the manufacturer providing the training as outlined, for

example, in Exhibit 2 and through the use of experienced and qualified pilots familiar with the DJI 

Phantom 2 Vision+ and Phantom 3 Professional.
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14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the DJI Phantom 2 Vision+ and Phantom 3 Professional will never operate at

higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas that

are depicted in yellow on VFR sectional charts. Because aerial survey, mapping and inspection work

must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption

from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the DJI Phantom 2 Vision+ and Phantom 3 Professional are built. Also, no flight will be taken

without the permission of the landowner or those who control the land. Because of the advance

notice to the landowner, all affected individuals will be aware of the flights. Compared to GIS

operations conducted with aircraft or rotorcraft weighing far more than 3 lbs. and carrying

flammable fuel, any risk associated with these operations will be far less than those currently

allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude

operations of the UAVs will maintain separation between these UAVs operations and the operations

of conventional aircraft that must comply with Section 91.119.

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

This regulation prohibits an individual from beginning “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.”

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAV batteries provide approximately 25

minutes of powered flight. Without an exemption from § 14 CFR 91.151, the UAVs’s flights would be

limited in duration. Given the limitations on its proposed operations and the location of those proposed

operations, a longer time frame for flight in daylight VFR conditions is reasonable.

McNeil believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior 

exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with 91.151(a)). Operating the UAVs, without 30 minutes of reserve fuel does not engender 

the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the 

UAVs operates. The fact that they carry no pilot, passenger, or cargo also enhances their safety. 

Additionally, limiting DJI Phantom 2 Vision+ and Phantom 3 Professional flights would greatly reduce

their utility. In the unlikely event that the DJI Phantom 2 Vision+ or Phantom 3 Professional UAV 

should run out of fuel, they would simply land. Given its weight and construction material, the risks are

less than contemplated by the current regulation.

McNeil believes that an equivalent level of safety can be achieved by maintaining 5 minutes of reserve 

fuel, which, allowing 13-15 minutes of flight time, would be more than adequate to return the UAVs to

its planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and
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10808

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

This regulation provides as

follows:

(a) ... no person may operate a civil aircraft unless it has ... 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.

The DJI Phantom 2 Vision+ and Phantom 3 Professional fully loaded each weigh less than 3 lbs. As

such, there is no ability or place to carry certification and registration documents or to display them

on the UAVs. In addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the UAVs will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes

Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance

Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the 

owner or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for 

return to service.

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs are nearly maintenance free, they

perform automatic pre-flight checks and the failure of any check will prevent take-off. Checks which

cannot be done by the system will be performed by a qualified person prior to each flight and at

predefined intervals as part of the Maintenance Schedule in the User Manual (see Exhibit 1).

Pre-flight checklist

includes:

1.Visual inspection of the airframe

2.Visual inspections of rotor integrity

3.Check charge of all batteries (aerial vehicle, command station, radio repeater station)
12

An equivalent level of safety will be achieved because the UAVs is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. 

As stated in User Guide the operator of a DJI Phantom 2 Vision+ or Phantom 3 Professional will ensure

that the UAV is in working order prior to initiating flight, perform required maintenance, and keep a

log of any maintenance that is performed. Moreover, the operator is the person most familiar with

the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

equivalent level of safety.

The DJI Phantom 2 Vision+ and Phantom 3 Professional’s Maintenance guidelines ensure an equivalent

level of safety to the maintenance requirements in Part 91.

APPENDIX B

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs include many advanced safety

features that makes the DJI Phantom 2 Vision+ and Phantom 3 Professional the safest choice for both 

urban and non-urban environments. Faults that can be detected include: loss of communication; and

low battery levels. In addition, the operator can create no fly zones or maximum flight ranges and

altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. And before every

take-off flight checks ensure the system is flight ready before it takes off.

The DJI Phantom 2 Vision+ and Phantom 3 Professional UAVs can be operated entirely by a

touch-screen, map based interface. This means the operator only needs to command the system

where to go, and the system does all the flying for the operator. Maps can be saved and flight plans

can be made or recalled with no Internet connection required.

DJI Phantom 2 Vision+ and Phantom 3 Professional Operating Manuals - System user manual

available upon request.

Physical Characteristics

Measurements – 590 mm (Diagonal size including propellers)

Weight (with payload) – 1280 g

Fuel – Lithium polymer batteries are self-contained high duration systems with “SMART” intelligence 

on-board. This includes cycle charge times, locations, GPS antenna, chemical management, and 

real-time data feeds to ensure maximum flight duration and sub-system safety processes..

Propulsion System

● Engines – The DJI Phantom 2 Vision+ and Phantom 3 Professional are powered by 4 electric

brushless DC motors.

● Batteries – Lithium polymer batteries are self-contained high duration systems with SMART 

intelligence on-board. This includes cycle charge times, locations, GPS antenna, chemical 

management, and real-time data feeds to ensure maximum flight duration and sub-system 

safety processes. Charging is done with a battery charger and can be charged via standard

wall outlet, or via a vehicle.
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Performance Characteristics

● Maximum Altitude – 6000 m (Default altitude limit: 120 m above takeoff point) Maximum

Endurance – 18-22 minutes

● Weather Minimums - VFR Only

● Icing conditions – no icing conditions

● Precipitation – no visible moisture

Maintenance – The UAS is nearly maintenance free. Checks which cannot be done by the system will 

be performed by a qualified person prior to each flight.

Pre-flight checklist includes:

● Visual inspection of the airframe

● Visual inspections of rotor integrity

● Check charge of all batteries (aerial vehicle, command station, radio repeater station)

Reliability – The system is designed for maximum reliability and to maintain performance over its life. 

The only components experience routine wear are rotors, batteries, motors, and legs. Battery and 

motor conditions are monitored by the system with deviations reported to the operator.

Contact with other objects during flight may cause other components, particularly rotors, and motor 

arms, to become damaged. Damaged components are likely to be detected during the full visual 

inspection of the airframe performed before each flight. Structural damage affecting flight 

characteristics will be detected by on-board sensors.

The UAV system detects numerous conditions which may make flying unsafe, such as reduced GPS 

accuracy, low battery charge, battery cell imbalances, temperature fluctuations. Automatic pre-flight

checks prevent the UAV from taking off if such conditions are present; or, if the condition is

detected during flight, the system will trigger a Fatal Conditioned Response.

Fault Tolerance - The key feature of the UAV fault tolerance is its mechanical simplicity. It uses four 

fixed pitched rotors, each mounted on a separate motor. No control surfaces or other actuators are 

required for the UAS to fly. Any component failure detectable by the system will be reported to the 

control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non-Fatal 

Conditioned Response (NFCR), depending on the type of failure.

Command and Control Systems

The DJI Phantom 2 Vision + and Phantom 3 Professional Ground Control stations allow the operator

simultaneous control over aircraft and cameras. The controls allows for quick navigation and data

entry while the display screen provides all essential flight data to the operator. Telemetry data is

transmitted to the command station at least once per second.

On-board guidance and navigation equipment – The UAS can operate autonomously; it does not 

require any input from ground-based equipment, or from the pilot to hover in place.

Frequency Allocations – 900 MHz, 2.4 GHz, 5.8 GHz and 

.400 GHz-2.483 GHz 2.400 GHz-2.483 GHz

Flight termination link – to prevent a “fly away” or other potentially dangerous situation a flight 

termination link is available to the operator.

Takeoff and Landing – The DJI Phantom 2 Vision + and Phantom 3 Professional have vertical lift
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autonomous launch and recovery. A Landing Zone “LZ” is designated by the operator. The aircraft will

automatically adjust for wind during this period.

Navigation System – Specific maps can be downloaded to the display screen, which are overlaid

with GPS positional data. Waypoints can be created before and during flight operation creating

specific locations and sequences for the aircraft.

Redundant Systems – The UAS combines the input from a multitude of sensors. Even though the 

data from all sensors is required for optimal system performance, a single sensor malfunction is likely 

to result in degraded performance rather than leading to a catastrophic failure.

Motor Failure – The UAS flight performance will degrade significantly if one or more motors fails.

Navigation System Failure – In a navigation system failure, degraded GPS will result in FCR or

NFCR‘s depending on failures.

Power Failure – A complete battery failure, which results in power loss to the UAS, will result

in degraded flight performance.

Low Battery Condition – Operator will be alerted of a low battery condition and will land the aircraft as 

soon as able.

Low Battery Condition – Operator will be alerted of a low battery condition and will land the aircraft as

soon as able.

Line-of-Sight Loss – All flight operations will be conducted with the DJI Phantom 2 Vision + or 

Phantom 3 Professional within visual sight of the pilot. If the pilot’s view becomes obstructed and

line-of-sight is lost, the pilot may instruct the DJI Phantom 2 Vision + or Phantom 3 Professional: to

hover in place until line-of-sight is reestablished, to return to the take-off position, or to land at the

current position.

APPENDIX C

SUMMARY OF MCNEIL SECTION 333 EXEMPTION REQUEST

McNeil, editor of Directions Magazine (http://directionsmag.com), hereby provides pursuant to Part 11 a

summary of its exemption application to allow commercial operation of the DJI Phantom 2 Vision + and 

Phantom 3 Professional UAVs for the purpose of testing, evaluating, and writing articles about geospatial 

applications that generate UAV data for surveying, mapping, and other GIS applications. An exemption is

requested from the following regulations:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;
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14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).