UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Eric Richards

Dba Green Valley Inspections.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on Aug 1st 2015

Eric Richards

Green Valley Inspections

12663 5th st

Yucaipa Ca 92399

909-913-1353

Eric@greenvalleyhomeinspections.net
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TABLE OF CONTENTS

Page

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

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

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

BACKGROUND .....................................................................................................................5

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

NAME AND ADDRESS OF PETITIONER............................................................. 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Eric Richards SEEKS

EXEMPTION ........................................................................ 8

THE EXTENT OF RELIEF Eric Richards VISION SEEKS AND THE REASON

Eric Richards SEEKS THE RELIEF................................................................. 11

THE REASONS WHY GRANTING Eric Richards REQUEST WOULD BE IN

THE PUBLIC INTEREST ....................................................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .....35

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

EXHIBITS........................................................................................36
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

Eric Richards seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Eric 

Richards to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography of construction sites, real estate, home and 

building inspections, special events,

INTRODUCTION AND INTERESTS OF THE PETITIONER

Eric Richards. (hereinafter referred to as “Eric Richards) Eric Richards provides its 

commercial clients with affordable highest quality digital content for use in their

commercial, personal, and other photography related projects..The objective of Eric 

Richards aerial video and photography operations is to provide high quality imaging for a

variety of commercial, public, and residential uses, specifically targeting:

• Aerial Real Estate photography

• Aerial Real Estate Video

• Free Services to Non-Profit and Community Organizations

Home and commercial building inspections
5

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision , Phantom 3 UAS

Eric Richards seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 2 Vision+ and Phantom 3 is a vertical takeoff and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ has a

maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 

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

29 knots. The DJI Phantom 2 Vision+ UA is equipped with four main rotors; driven by

Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ UA that will be operated by Eric Richards will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Eric Richards, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

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

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+ UAS in

the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

with the unmanned aircraft and its operation, Eric Richards operation of DJI
6

Phantom 2 Vision+ and Phantom 3 UAS meets the conditions of FMRA Section 333 and

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

21, Subpart H.

Accordingly, Eric Richards requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

Eric Richards submits that the requested relief is proper since an equivalent level

of safety will always be ensured (see Exhibit D). Eric Richards will use licensed

technicians or the manufacturers service centers to perform maintenance, alterations, or

preventive maintenance on the UASs using the methods, techniques, and practices

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom

2 Vision+ Instruction Manual). Furthermore, Eric Richards will document and maintain

all maintenance records for the DJI Phantom 2 Vision+ UAS.

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

privileges and limitations: Pilot in command, is requested by Eric Richards to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Eric Richards seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2 Vision+ UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Eric Richards
7

submits that it will ensure that the DJI Phantom 2 Vision+ UAS are in an airworthy

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

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

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

Eric Richards also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 2 Vision+ UA will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 2

Vision+ UA will be provided to the PIC via Global Positioning System (GPS) equipment

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

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

Richards’s operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our

additional safety requirements as outlined in Exhibit D..

Additionally, Eric Richards seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Eric Richards submits 

that safety will not be affected by operation of the DJI Phantom 2 Vision+ UA during

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

with enough battery power to fly for a total duration of approximately 13.5 minutes to the

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

least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Eric Richards provides the following

information in support of its petition for exemption:
8

A. Name and Address of The Petitioner.

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

Eric Richards

12663 5 th st

Yucaipa ca 92399

B. The Specific Sections Of 14 C.F.R. From Which Eric Richards Seeks

Exemption.

1. Eric Richards Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Eric Richards Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the

following:

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

3. Eric Richards Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:
9

(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

(iii) the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4. Eric Richards Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly

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

fly after that for at least 20 minutes.

5. Eric Richards Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Eric Richards From The Requirements Of Section 91.407(a)(1) Section

91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:
10

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Eric Richards Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Eric Richards Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100-hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and

each engine, propeller, rotor, and appliance of an aircraft. The records must

include--

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.
11

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or

safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C.The Extent Of Relief Eric Richards Seeks And The Reason Eric Richards Seeks

The Relief.

1. Extent Of Relief Eric Richards Seeks And The Reason Eric 

Richards Seeks Relief From Section 61.113(a) And (b).
12

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight-hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, Eric Richards submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision+ and Phantom 3 other than the person listed as Eric Richards,. In addition all 

flights must full under the safety guidelines of Exhibit D, which will be updated as new

FAA guidelines take place.

Further, Eric Richards submits that all flights of the DJI Phantom 2 Vision+ and 

Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Eric Richards business; and (2) will not carry passengers, packages or

property for compensation or hire.

2. Extent Of Relief Eric Richards Seeks And The Eric Richards Seeks Relief

From Section 91.7(a).
13

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

extent required to allow Eric Richards to determine that the DJI Phantom 2 Vision+ UAS

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance

with the operating documents (i.e., the Eric Richards Aerial Operations Manual, Monthly

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

Eric Richards seeks the requested relief because the DJI Phantom 2 Vision+ UAS

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

Therefore, Eric Richards will ensure that the DJI Phantom 2 Vision+ UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) prior to every 

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

conditions and limitations below.

3. Extent Of Relief Eric Richards Seeks And The Reason Eric 

Richards Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 2 Vision+ UAS, which utilize a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the

FAA requires that any altitude information concerning UAS operations be reported to air

traffic control (ATC) in feet above ground level (AGL), Eric Richards seeks the requested

relief because the DJI Phantom 2 Vision+ UA’s altimeter may be set on the ground to 

zero feet AGL, rather than the local barometric pressure or field altitude, before each 

flight.
14

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

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

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

be maintained since the DJI Phantom 2 Vision+ UAs are equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

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

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

4. Extent Of Relief Eric Richards Seeks And The Eric Richards Relief From

Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI

Phantom 2 Vision+ UAs during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes. Eric Richards seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+

UA will severely constrain the practicality of any aerial video or still photo flight

operations that Eric Richards proposes to conduct pursuant to this Petition.

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

Vision+ UAS, the DJI Phantom 2 Vision+ operating documents, and Eric Richards

proposed operating limitations, ensure that Eric Richards will safely operate the battery

powered DJI Phantom 2 Vision+ UAs during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), with enough battery
15

power to fly for a total duration of 13.5 minutes to the first point of intended landing and,

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

5. Extent Of Relief Eric Richards Seeks And The Reason Eric 

Richards Seeks Relief From Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) only apply to aircraft with an airworthiness certificate, Eric Richards requests relief

from these Sections because the DJI Phantom 2 Vision+ UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+

and Phantom 3 UAS meets the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Eric Richards will use 

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

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

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

Phantom 2 Vision+ Instruction Manual). Furthermore, Eric Richards will document and

maintain all maintenance records for the DJI Phantom 2 Vision+ UAS.

D.The Reasons Why Granting Eric Richards Request Would Be In The

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

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

Richards to safely, efficiently, and economically perform aerial video and 

photography for Non-Profit and Community Organizations, as well as, pursue 

revenue for a Small Business in the USA as we provide commercial services for 

Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial

properties seeking the described services for marketing purposes

Additionally, use of the DJI Phantom 2 Vision+ UAS will decrease congestion
16

of the NAS and reduce pollution, since past aerial photography required large manned

aircraft for extended periods of time. Notably, the benefits of Eric Richards ‘sproposed

operation of the DJI Phantom 2 Vision+ UAS will be realized without implicating any

privacy issues.

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

The DJI Phantom 2 Vision+ UA are battery powered and serve as a safe,

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would

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

as increase the safety of life and property in the air and on the ground (as outlined in

Exhibit D).

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

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

The DJI Phantom 2 Vision+ and Phantom 3 UA do not require an airport to takeoff or

land. Likewise, a reduction of manned aircraft conducting aerial video and photography

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

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

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

DJI Phantom 2 Vision+ UAS and Phantom 3

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

manned aircraft, will greatly benefit the public by drastically reducing the levels of air

and noise pollution generated during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Phantom 2 Vision+

UAS produce no air pollution, and is the most viable environmentally conscious
17

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

typically utilized for aerial video and photography, while burning approximately 20-30

gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ UA, while

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

the UAs are propelled by battery powered electric motors, rather than an internal

combustion engine.

By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

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

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

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

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

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

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

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180

gallons).

3. Performing Aerial Video and Photography Operations with The DJI

Phantom 2 Vision+ UAS Will Benefit Non-Profit and Community

Organizations.

4. Performing Aerial Video and Photography Operations with The
DJI Phantom 2 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ is also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 2 Vision+ UAS will allow United States based

companies, like Eric Richards, to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered DJI Phantom 2 Vision+ UAS is one

such technology that not only allows companies greater operational flexibility compared

to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ UAS, companies such as Eric 

Richards, can remain competitive and profitable, and therefore, provide greater job

stability to employees and contractors, which will ultimately contribute to growth of the

U.S. economy. Improved financial performance of U.S. companies, through commercial

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

consumer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and development in order to remain competitive both in

the United States and abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Eric Richards proposed operation of the DJI Phantom 2 Vision+ UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be

operated only in compliance with operating documents 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction
Manual) which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

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

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

That Provided By The Rule From Which Eric Richards Seeks Exemption.

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

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

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

with the unmanned aircraft and its operation, Eric Richards operation of the DJI

Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333, and will not

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

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not

create a hazard to users of the national airspace system or the public

or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, 

United States Code, is required for the operation of unmanned

aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for 

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

In seeking this exemption, Eric Richards submits that the DJI Phantom 2 Vision+ 

and Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) the pilot

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

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

Its Safe Characteristics.

The DJI Phantom 2 Vision+ UAS does not create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security considering its size, weight,

speed, and operational capability.

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

The technical specifications of the DJI Phantom 2 Vision+ UAS is set forth by the

DJI Phantom 2 Vision+ Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight

And Navigation Modes Enable The UAS To Remain

Within A Defined Operational Area.

The DJI Phantom 2 Vision+ UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 2 Vision+ UAS is provided at pages 25-32 of the DJI Phantom 2

Vision+ User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 2 Vision+ UAS Are Designed For

Automatic Return To Home Point Or Hover In The Event

Of Loss Of The Control Link Or Navigation.

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

remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2

Vision+ UA does not reacquire control link data from the GCS, the UA will assume that

the Control Link is lost and the UA will return to the home position (i.e., failsafe mode)
via GPS, and will descend to the takeoff position and shutdown.

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

UAS are set forth at pages 27 through 28 of the DJI Phantom 2 Vision+ User Manual,

attached hereto as Exhibit B.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation.

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

Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI

Phantom 2 Vision+ User Manual. DJI Phantom 2 Vision+ User Manual is attached hereto

as Exhibit B.

b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited

To The Line Of Sight Of A Certificated Pilot in Command With 

A Safety Observer.

Eric Richards will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2

Vision+ UAS. Additionally, a safety observer will assist all pilots during flight time. And

the guidelines exhibited in D, will be followed at all-times ensuring the safety of all

involved.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 2

Vision+ UAS for the special purpose of conducting aerial video and photography over

certain areas of California 

specific operating limitations:

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

following aircraft described in the operating documents, rotorcraft UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+

Unmanned Aircraft System. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.
2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

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

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

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

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

altitudes reported to ATC must be in feet AGL.

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

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

device other than corrective lenses, as specified on the PIC’s FAA-issued

airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is

not permitted.

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

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

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

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

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

perform the functions prescribed in the operating documents.

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

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

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

during UAS operations and made available to the Administrator upon request.

If a discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents,

the conditions and limitations contained in the grant of exemption take

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

procedures as outlined in its operating documents. The operator may update or

revise its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the Administrator

upon request. The operator must also present updated and revised documents

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

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

which the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS-80) may be contacted if questions arise regarding updates or revisions to

the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a
condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and	alterations must be properly documented

in the aircraft records.

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

UAS operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts

the functional test flight must make an entry in the aircraft records.

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

e.g. inoperable components, items, or equipment, not already covered in

the relevant sections of the operating documents.

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

maintenance, overhaul, replacement, inspection, and life limit

requirements.

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

requirements, in accordance with the operating documents. Maintenance,

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

must be noted in the aircraft records, including total time in service,

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

returning the UAS to service.

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

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between

inspections.

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

current third- class medical certificate.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in a manner consistent with 14

C.F.R.

§ 61.51(b). Flights for the purpose

2s3of training the operator’s PICs are
permitted under the terms of the exemption. However, training operations may

only be conducted during dedicated training sessions. During training,

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

operations are considered nonparticipants, and the PIC must operate the UA

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

91.119.

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

19.1. All operations must be conducted under visual meteorological

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

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

flight rules	(SVFR) are not	authorized.

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

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

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

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

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

to the Administrator upon request.

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

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

the PIC.

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

in accordance with the operating documents.

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

or emergencies in accordance with the operating documents.

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

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

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

power remaining.

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

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

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

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

than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

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

operation and control of the UA m24ust comply with the Federal
25

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

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

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

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

a dministrator or any law enforcement official upon request.

29. Eric Richards abides and enforces the safety checklist to as exhibited in

section D to ensure that we provide safety for everyone in and near to the

site..

30. The UA must remain clear and yield the right of way to all manned

aviation operations and activities at all times.

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

vehicle.

32. Flight operations must be conducted at least 400 feet from all

nonparticipating persons (persons other than the PIC, SO, operator trainees

or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet

of the UA, flight operations must cease immediately and/or;

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

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

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

operating closer to those objects and determined that it does not

present an undue hazard, and;

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

persons do not present an undue hazard to those persons per §

91.119(a).

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

property with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

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

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

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

hours. Accidents must be reported to the National Transportation Safety

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

www.ntsb.gov.
2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

Eric Richards submits that the equivalent level of safety established by Section

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

Phantom 2 Vision+ UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

Vision+ UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering Eric Richards proposed area of operations, and the operating

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ UAS, Eric 

Richards submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Eric Richards

specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

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

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

11112,

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

Eric Richards will not allow any PIC to operate the DJI Phantom 2 Vision+ or 

Phantom 3UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom 2 Vision+ UAS training and currency requirements,

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

consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate
distances from people, vessels, vehicles and structures.

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

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model

of

UAS to be used for operations under the exemption). In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days

(for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Eric Richards proposed operations. The Administrator

has held that prior documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations

for the purpose of motion picture filming (or similar operations), the PIC must

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as

a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No.

11062, the PIC must also have accumulated and logged a minimum of 5 hours as

a UAS pilot operating the same make and model of UAS to be used for

operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours

make and model time may be included in the 10 hours of multi-rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In

addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes). The FAA finds that at

a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate

to practice and build proficiency in the skills necessary to safely conduct the

petitioner’s proposed operations. The FAA also finds that prior documented flight

experience that was obtained in compliance with applicable regulations would

satisfy this requirement. Training, proficiency, and experience-building flights

can also be conducted under the grant of exemption to accomplish the required

flight time. During training, proficiency, and

is required to operate the UA with appropriate

27 experience-building flights the PIC
28

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Eric Richards will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated, by

meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 Vision+ UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section

91.7(a) Would Not Adversely Affect Safety.

Eric Richards requires a tight set of rules that follow best practices and FAA

requirements and guidelines (Exhibit D).

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, plus Eric Richards also requires the safety checklist in

Exhibit D that ensures that the DJI Phantom 2 Vision+ UAS is in an airworthy condition

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

conditions and limitations herein.

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

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

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

11112,

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

4. Reasons Why An Exemption From The Requirements Of Section

91.121 Would Not Adversely Affect Safety.

As outlined in Exhibit D, Eric Richards fly’s only under a very set rules. We

believe these rules include and go beyond current FAA guidelines. Therefore, the
29

equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 2 Vision+ UA will be provided to the PIC via

GPS equipment and a radio communications telemetry data link, which downlinks from

the UA to the GCS for active monitoring of the flight path and altitude. This altitude

information, combined with Eric Richards operation of the DJI Phantom 2 Vision+ UA

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation

point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+ UAs; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Eric Richards will ensure

that it will safely operate the battery powered DJI Phantom 2 Vision+ UA during

daylight hours in VFR conditions, with enough battery power to fly for a total duration

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

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

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

2 Vision+ UAS; the limitations on the proposed flight operations; and the location of the
proposed operations, will ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+

UAS provide audible and visual warnings to the PIC at the GCS when the UAs

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

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

the critically low battery level, the DJI Phantom Vision+ UAS will descend and land

automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical characteristics

and operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

Would Not Adversely Affect Safety.

In seeking this exemption, Eric Richards submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because Eric Richards will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating documents Operations Manual, Monthly
Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual).

Furthermore, Eric Richards will document and maintain all maintenance records for the

DJI Phantom 2 Vision+ UAS.

Since the DJI Phantom 2 Vision+ UAS will be inspected as prescribed by the

operating documents, Eric Richards will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 2 Vision+ User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 2 Vision+ UAS Maintenance LOG is attached hereto as Exhibit C.

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

Richards will use trained technicians to perform maintenance, alterations or preventive

Maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2 Vision+ UAS will be performed by trained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered.

In consideration of Eric Richards proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, Eric Richards

submits that safety will not be adversely affected by granting exemption from 14

nd (a)(2), 91.409(a)(2), and 91.417(a) and (b).

C.F.R. Sections 91.405(a), 91.407(a)(1) a 31
32

The FAA has previously granted relief specific to UAS in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

In additional 350 Sky Vision fly only under a tight set of rules which can be found in

Exhibit D, which ensure the safest operation under any foreseen circumstance.

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Eric Richards requests

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

2 Vision+ UAS, which contain such safety standards that the Administrator finds

necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe

operation of the UAs for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets

forth the requirements for considering whether a UAS will create a hazard to users of the

NAS or the public, or otherwise pose a threat to national security; and further, provides

the authority for such UAS to operate without airworthiness certification in accordance

with any requirements that must be established for the safe operation of the UAS in the

NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.
33

§ 21.16, for operation of the DJI Phantom 2 Vision+ UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards,

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or

propeller because of a novel or unusual design feature of the aircraft, aircraft

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

propeller as the FAA finds necessary to establish a level of safety equivalent to

that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the

FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R.

Part 21,

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which Eric Richards Seeks Exemption:

Eric Richards seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Eric Richards Seeks:

This exemption will permit Eric Richards to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Eric Richards Request.
34

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

2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Eric Richards request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS

will create a hazard to users of the NAS or the public, or otherwise pose a threat to

national security; and further, provides the authority for such UAS to operate without

airworthiness certification.

As discussed in detail above, Eric Richards will operate the DJI Phantom 2

Vision+ and Phantom 3 UASs safely in the NAS, without creating a hazard to users of 

the NAS, or the public, or otherwise pose a threat to national security.
34

CONCLUSION

As set forth herein, Eric Richards seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 2 Vision+ and Phantom 3UAS

commercially, without an airworthiness certificate, for the limited purpose of

conducting aerial video and photography By granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of the FAA Modernization

and Reform Act of 2012, while also advancing the interests of the public, by allowing

Eric Richards to safely, efficiently, and economically operate the DJI Phantom 2

Vision+ UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Eric Richards respectfully

requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(l),

91.409(a)(l ) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI

Phantom 2 Vision+ UAS commercially for the purpose of conducting aerial video and

photography over certain areas of the United States.

Dated: Aug 1st 2015
36

Exhibits:

A – DJI Phantom 2 Vision+ Specifications Data Sheet

B – DJI Phantom 2 Vision+ Manufacturer’s User Manual

C – Monthly Maintenance Log

D – Eric Richards On-Site Safety Checklist

EXHIBIT – A

DJI PHANTOM 2 VISION+ and phantom 

3 TECHNICAL SPECIFICATIONS

Eric Richards only utilizes safe and reliable UASs. DJI is an industry leader in small

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

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

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

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

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

devices)

Aircraft

Supported Battery: DJI 5200mAh LiPo Battery

Weight	(Battery &	Propellers included): 1242g

Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity;	200°/s

Max Tiltable	Angle: 35°

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

Max Flight Speed: 15m/s (Not Recommended)

Diagonal motor-motor distance: 350mm

Remote

Control

Operating Frequency: 5.728 GHz-5.85	GHz

Communication	Distance	(open	area): CE Compliance: 400m; FCC

Compliance:	800m

Receiver Sensitivity	(1%PER): -93dBm

Transmitter Power: CE Compliance: 25mW; FCC Compliance:	100mW

Working Voltage:	120 mA@3.7V

Built-in	LiPo Battery Working Current/Capacity: 3.7V, 2000mAh

Range

Extender

Operating Frequency: 2412-2462MHz

Communication	Distance	(open	area): 500-700m

Transmitter Power: 20dBm

Power Consumption: 2W
37

EXHIBIT – B

DJI Phantom 2 Vision+ Manufacturer’s User Manual

See Separate document	attached to the Docket
38

EXHIBIT – C

MONTHLYMAINTENANCE LOG

month: year:

UAS #: Date Issue

Discovered

Date Issue

Addressed Issue Description & Maintenance	 Conducted Maintenance Performed	 By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration	 Dampening

Other:
39

EXHIBIT – D

See attached Eric Richards Checklist that we have been following over the last several

years, to ensure what we have learned is applied beyond your safety requirements.

See Separate document	attached to the Docket