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 IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

KM Video Productions, LLC.

Docket ID: FAA-2015-0917

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 SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 8, 2015

KM Video Productions, LLC

Kirk Mays, Owner

1110-A Broad Street

Camden, SC 29020

kirk@kmvideoproductions.com
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TABLE OF CONTENTS

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 KM Video Productions, LLC

SEEKS EXEMPTION ........................................................................................................ 8

THE EXTENT OF RELIEF KM Video Productions, LLC SEEKS AND THE REASON

KM Video Productions, LLC SEEKS THE RELIEF......................................................... 15

THE REASONS WHY GRANTING KM VIDEO PRODUCTIONS, LLC REQUEST WOULD

BE IN THE PUBLIC INTEREST .................................................................................... 18

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY ................................................................................... 38

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ................... 46

EXHIBITS................................................................................................... 47
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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
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VTOL Vertical Takeoff and Landing

SUMMARY

KM Video Productions, LLC 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 KM Video 

Productions LLC to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography of construction sites, real estate, Nonprofit

and other community special events, and the Camden, South Carolina and the midlands of South 

Carolina area.

INTRODUCTION AND INTERESTS OF THE PETITIONER

KM Video Productions, LLC. provides its commercial clients with affordable highest quality digital 

content for use in their commercial, personal, and other photography related projects. KM Video 

Productions, LLC also provides the community and Non-Profit organization our services for little or no 

charge as a way of giving back to the community. 

The objective of KM Video Productions, LLC aerial video and photography operations is to provide high 

quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

-Profit and Community Organizations
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Aerial photography and video to support Economic Development and Tourism

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision UAS

KM Video Productions, LLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 2 Vision+ 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 KM Video Productions, LLC 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, KM Video Productions, LLC, 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
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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, KM Video Productions, LLC operation of DJI

Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 and therefore, will

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

Accordingly, KM Video Productions, LLC 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.

KM Video Productions, LLC submits that the requested relief is proper since an equivalent level

of safety will always be ensured (see Exhibit D). KM Video Productions, LLC 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, KM Video Productions, LLC 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 KM Video Productions, LLC to the extent
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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.

KM Video Productions, LLC 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, KM Video Productions, LLC

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.

KM Video Productions, LLC 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 KM Video Productions, LLC 

operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or
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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, KM Video Productions, LLC seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. K

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, KM Video Productions, LLC provides the following

information in support of its petition for exemption:

A. Name and Address of The Petitioner. 

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

KM Video Productions, LLC

Kirk Mays

1110-A Broad Street

Camden, SC 29020

803-713-7777 email: kirk@kmvideoproductions.com
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B. The Specific Sections Of 14 C.F.R. From Which KM Video Productions, LLC 

 Seeks Exemption. 

1. KM Video Productions, LLC 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. KM Video Productions, LLC 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. KM Video Productions, LLCExemption From The Requirements Of Section 

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

part:

(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. KM Video Productions, LLC 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
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to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 20 minutes.

5. KM Video Productions, LLC 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. KM Video Productions, LLC 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:

(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. KM Video Productions, LLC 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
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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. KM Video Productions, LLC 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
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(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.

(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,
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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 KM Video Productions, LLC Seeks And The Reason KM Video Productions, 

LLC Seeks The Relief. 

1. Extent Of Relief KM Video Productions, LLC Seeks And The Reason KM Video Productions

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

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

limitations: Pilot in command, is requested to the extent necessary to allow a PIC 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.
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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, KM Video Productions, LLC submits that an equivalent level of

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

Vision+ other than the person listed as Kirk Mays, who has 2 years’

experience in RC/VAV operation. In addition all flights must full under the safety

guidelines of Exhibit D, which will be updated as new FAA guidelines take place.

Further, KM Video Productions, LLC submits that all flights of the DJI Phantom 2 Vision+

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

KM Video Productions, LLC business; and (2) will not carry passengers, packages or property for

compensation or hire.

2. Extent Of Relief KM Video Productions, LLC Seeks And The KM Video Productions, LLC Seeks 

Relief from Section 91.7(a). 

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

extent required to allow KM Video Productions, LLC 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 KM Video Productions, LLC Aerial Operations Manual, Monthly
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Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual).

KM Video Productions, LLC 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, KM Video Productions, LLC 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 KM Video Productions, LLC Seeks And The Reason KM Video Productions, LLC 

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), KM Video Productions, LLC 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. 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
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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 KM Video Productions, LLC Seeks And The KM Video Productions, LLC 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. KM Video Productions, LLC 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 KM Video Productions, LLC 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 KM Video Productions, LLC

proposed operating limitations, ensure that KM Video Productions, LLC will safely operate the battery

powered DJI Phantom 2 Vision+ UAs during daylight hours in visual meteorological
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conditions (VMC), under visual flight rules (VFR), 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.

5. Extent Of Relief KM Video Productions, LLC Seeks And The Reason KM Video Productions, LLC 

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, KM Video Productions, LLC 

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+

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, KM Video Productions, LLC 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, KM Video Productions, LLC will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ UAS.

D. The Reasons Why Granting KM Video Productions, LLC 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 KM Video Productions, LLC to 

safely, efficiently, and economically perform aerial video and photography

for Non-Profit and Community Organizations, as well as, pursue revenue for a
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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 over certain areas of the midlands of South Carolina

and surrounding area.

Additionally, use of the DJI Phantom 2 Vision+ UAS will decrease congestion of the NAS and reduce 

pollution, since past aerial photography required large manned aircraft for extended periods of time. 

Notably, the benefits of KM Video Productions, LLC proposed

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+ UA do not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial video and photography missions would
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result in fewer aircraft that must be handled by air traffic control during the ground,

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

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

DJI Phantom 2 Vision+ UAS. 

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

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

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

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

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

As stated earlier in this petition, KM Video Productions, LLC provides free services to NonProfit

and Community Organization that normally could not afford to have their event or

site professionally photographed. There the Camden, South Carolina and

surrounding area benefits.

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 KM Video Productions, LLC, to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental
22

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 KM 

Video Productions, LLC, 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, KM Video Productions, LLC proposed operation of the DJI Phantom 2 Vision+ UAS will 

notimplicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be operated only in 

compliance with operating documents (i.e., the KM Video Productions, LLC Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction

Manual) which requires property owner involvement as well as local law enforcement

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

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

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

Or How The Exemption Would Provide A Level Of Safety At Least Equal To 
23

That Provided By The Rule From Which KM Video Productions, LLC 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, KM Video Productions, LLC 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--
24

(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, KM Video Productions, LLC submits that the DJI Phantom 2

Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333, as

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

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

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

Its Safe Characteristics. 

The DJI Phantom 2 Vision+ UAS 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,
25

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 lostm the DJI Phantom 2 Vision+ UA will remain

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

Vision+ UA does not reacquire control link data from the GCS, the 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+
26

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. KM Video Productions, LLC will only utilize certificated pilots who have completed the 

required taining 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. Andthe 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 Camden, South Carolina and surrounding areas, pursuant to the following 22

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
27

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 25 knots.

4. The UA must be operated at an altitude of no more than 400 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.

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
28

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 23

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
29

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,
30

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 purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may
31

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 pre-
32

determined location within the planned operating area and land or be recovered

in accordance with the operating documents.

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

or emergencies in accordance with the operating documents.

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

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

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

power remaining.

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

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

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

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

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

accordance with airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for
33

operation and control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

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

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

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

dministrator or any law enforcement official upon request.

29. KM Video Productions, LLC 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
34

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
35

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

KM Video Productions, LLC 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 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.

Considering KM Video Productions, LLC 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, KM Video 

Productions submits that the additional manned airmanship experience of a commercially

Certificated pilot would not correlate to the airmanship skills necessary for KM Video Productions

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).

KM Video Productions, LLC will not allow any PIC to operate the DJI Phantom 2 Vision+
36

UAS 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 27

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 KM Video Productions, LLCproposed 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
37

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

experience-building flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, KM Video Productions, LLC will ensure safe operations by not allowing any PIC
38

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. 

KM Video Productions, LLC 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 KM Video Productions, LLC 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, KM Video Productions, LLC fly’s only under a very set rules. We

believe these rules include and go beyond current FAA guidelines. Therefore, the equivalent level of 

safety established by Section 91.121 will be maintained because the
39

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 KM Video Productions 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, KM Video Productions, LLC 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
40

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 
41

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, KM Video Productions, LLC 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 KM Video Productions, LLC 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 (i.e., the KM Video Productions, LLC

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

Manual).

Furthermore, KM Video Productions, LLC 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, KM Video Productions, LLC 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 KM Video Productions, LLC 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
42

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 KM Video Productions, LLC proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, KM Video 

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

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). 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 KM Video Productions, LLC will 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

KM Video Productions, LLC 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
43

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. § 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
44

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 KM Video Productions, LLC Seeks Exemption:

KM Video Productions, LLC 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 KM Video Productions, LLC Seeks: 

This exemption will permit KM Video Productions, LLC 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 KM Video Productions, LLC 

Request.

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, KM Video Productions, LLC 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.
45

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, KM Video Productions, LLC will operate the 

DJI Phantom 2 Vision+ 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.

 

 

 

 

 

 

 

 

 

 

 
46

Conclusion and Summary

As set forth herein, KM Video Productions, LLC 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 the 

safe operation of the DJI Phantom 2 Vision+ UAS commercially, without an airworthiness certificate, 

for limited use conducting aerial video and photography in Camden South Carolina and the Central 

South Carolina area.

By granting this petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

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

Video Productions, LLC to safely, efficiently and economically operate the DJI Phantom 2 Vision + UAS 

commercially within the National Air Space.

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, KM Video Productions, LLC 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)(1), 91.409(a)(1)&(a)(2), and 

91.417(a)&(b), and permit KM Video Productions, LLC 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: June 19, 2015

Respectfully submitted, KM Video Productions, LLC

 ____________________________________

KM Video Productions, LLC 

Kirk Mays 1110 

A Broad Street Camden, SC 29020 

Email: kirk@kmvideoproductions.com
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Exhibits:

A – DJI Phantom 2 Vision+ Specifications Data Sheet

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

C – Letters of support for granting the petition

D – KM Video Productions, LLCOn-Site Safety Checklist

EXHIBIT – A

DJI PHANTOM 2 VISION+ TECHNICAL

SPECIFICATIONS

KM Video Productions, LLC 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
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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

EXHIBIT – B

DJI Phantom 2 Vision+ Manufacturer’s User Manual

See Separate document attached to the Docket
49

EXHIBIT – C

Documentation from local business and government leaders supporting the exemption request.

EXHIBIT – D

See attached KM Video Productions, LLC 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