UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

RCP Photography LLC

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 DJI Phantom AND DJI S1000 UNMANNED 

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on September 22, 2015 

RCP Photography LLC

10645 N Oracle Rd STE 121-101

Oro Valley, AZ 85737

619-820-5053
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 7 

SECTIONS OF 14 C.F.R. FROM WHICH RCP PHOTOGRAPHY LLC

SEEKS EXEMPTION 8 

SCOPE OF EXEMPTION RCP PHOTOGRAPHY LLC SEEKS AND 

REASONING OF PROPOSED EXEMPTION 10

GRANTING RCP PHOTOGRAPHY LLC REQUEST WOULD BE IN THE 

PUBLIC INTEREST 14

GRANTING OF EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY 16

CONCLUSION 30
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) 

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
SUMMARY

RCP Photography 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). With this exemption 

RCP Photography LLC is requesting permission to fly a UAS for commercial purpose of 

conducting aerial video and photography for advertising, architectural, hospitality, real 

estate, special events, motion picture and TV production, agriculture and infrastructure 

inspection and landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

RCP Photography LLC strives to provide its clients with the highest quality 

digital content for use in but not limited to commercial, editorial and personal projects 

while using the best technology available. RCP Photography LLC has over 15 years of 

professional experience in aerial video and photography for advertising, architectural,

hospitality, real estate, special events, motion picture and TV production, agriculture and 

infrastructure inspection. RCP Photography LLC has 3 years of recreational/hobby

experience in aerial video and photography. The objective of RCP Photography LLC

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

of advertising, commercial, public, and residential uses, specifically targeting but not 

limited to:

 Advertising Photography and Videography

 Motion Picture Filming

 Hospitality Photography

 Real Estate Photography

 Land Survey & Appraisals 

 Resort & Golf Course Aerial Tours
BACKGROUND

RCP Photography LLC seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2, DJI Phantom, and DJI S1000

are 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 and 

DJI Phantom 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 S1000 has a maximum gross weight of

approximately 11 pounds, a diagonal wheelbase of 41.14 inches, height of 18.11 inches, 

and a maximum speed of approximately 42 knots. The DJI Phantom 2 and Phantom are 

equipped with four main rotors while the DJI S1000 is equipped with eight main rotors; 

driven by lithium polymer battery powered electric motors. 

The DJI Phantom 2, Phantom and DJI S1000 UASs that will be operated by RCP 

Photography 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, RCP Photography 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 petitions the Administrator to commercially operate the DJI Phantom 2, Phantom, 

DJI S1000 UASs 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, RCP Photography LLC operation of DJI 

Phantom 2, Phantom and DJI S1000 UASs 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. 

RCP Photography LLC requests exemption 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. 

RCP Photography LLC offers that the requested relief is proper since an 

equivalent level of safety will be ensured. RCP Photography LLC will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive maintenance 

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

documents (i.e., Maintenance Logs, and DJI Phantom 2, Phantom and DJI S1000 

Instruction Manual). Furthermore, RCP Photography LLC will document and maintain 

all maintenance records for the DJI Phantom 2, Phantom and DJI S1000 UASs. 

Exemption from certain requirements of Section 61.113(a) and (b), entitled 

Private pilot privileges and limitations: Pilot in command, is requested by RCP 

Photography LLC 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, Phantom and DJI S1000 UASs in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

RCP Photography LLC seeks exemption from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 2, Phantom and DJI S1000 UASs do not 

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

such, RCP Photography LLC presents that he will ensure that the DJI Phantom 2, 

Phantom and DJI S1000 UASs are in an airworthy condition, prior to every flight, by 

determining that the UASs are in compliance with the operating documents (i.e., 

Maintenance Log, DJI Phantom 2, Phantom and DJI S1000 Instruction Manual), and that 
the aircraft are in a condition for safe flight. 

RCP Photography LLC also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 2, Phantom and DJI S1000 UAS

will not have a typical barometric altimeter onboard. However, altitude information of the 

DJI Phantom 2, Phantom and DJI S1000 UAS 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 RCP Photography LLC operation of the DJI 

Phantom 2, Phantom and DJI S1000 UASs within visual line of sight, at or below 200 

feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, RCP Photography LLC seeks an exemption from the requirements 

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. RCP 

Photography LLC presents that safety will not be affected by operation of the DJI 

Phantom 2, Phantom and DJI S1000 UAS 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 15 minutes and assuming normal cruising speed, after 

returning to the take off/landing point be able to fly after that for at least 3.5 minutes and 

will not fly with a battery power containing less than twenty-five percent.. 

In accordance with 14 C.F.R. § 11.81, RCP Photography 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:

RCP Photography LLC

10645 N Oracle Rd. STE 121-101

Oro Valley, AZ 85737

Email: rcp@rcpphoto.com

619-820-5053

B. The Specific Sections Of 14 C.F.R. From Which RCP Photography LLC Seeks 
Exemption

1. RCP Photography 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. RCP Photography 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. RCP Photography LLC Seeks Exemption From The Requirements Of Section 

91.121

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) If 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) In 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. RCP Photography LLC Seeks 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. RCP Photography LLC Seeks 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. RCP Photography LLC Seeks Exemption 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. RCP Photography 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 

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. RCP Photography LLC Seeks 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. 

(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. Scope of Exemption RCP Photography LLC Seeks and Reasoning of Proposed 

Exemption 

1. Extent Of Relief RCP Photography LLC Seeks And The RCP Photography

LLC 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. 

This exemption 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. 

RCP Photography LLC presents that an equivalent level of safety will be 

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

DJI S1000 unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 2, Phantom or 

DJI S1000 UAS in a manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, RCP Photography LLC submits that all flights of the DJI Phantom 2, 

Phantom and DJI S1000 UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be related to RCP Photography LLC business; and (2) will not carry

passengers or property for compensation or hire. 

2. Extent Of Relief RCP Photography LLC Seeks And The Reason RCP 

Photography LLC Seeks Relief From Section 91.7(a)

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

the scope required to allow RCP Photography LLC to determine that the DJI Phantom 2, 

Phantom and DJI S1000 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., Maintenance 

Log, DJI Phantom 2, Phantom and DJI S1000 Instruction Manual). 

RCP Photography LLC seeks the requested exemption because the DJI Phantom 2, 
Phantom and DJI S1000 UASs do not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. Therefore, RCP Photography LLC will ensure that the 

DJI Phantom 2, Phantom and DJI S1000 UASs are in airworthy condition based upon its 

compliance with the operating documents (i.e., Maintenance Log, DJI Phantom 2, 

Phantom and DJI S1000 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 RCP Photography LLC Seeks And The Reason RCP 

Photography LLC Seeks Relief From Section 91.121

Exemption from Section 91.121, entitled Altimeter settings, may be required to 

allow flight operations of the DJI Phantom 2, Phantom and DJI S1000 UASs, 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), 

RCP Photography LLC seeks the requested reprieve because the DJI Phantom 2, 

Phantom and DJI S1000 UASs 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, exemption from 14 

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

and limitations stated below. An equivalent level of safety will be maintained since the 

DJI Phantom 2, Phantom and DJI S1000 UAS are equipped with GPS equipment, which 

automatically ensures that a ground level 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 RCP Photography LLC Seeks And The Reason RCP 
Photography LLC Seeks Exemption From Section 91.151(b)

Exemption 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, Phantom and DJI S1000 UAS during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to 

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

for at least 3.5 minutes and will not fly with a battery power containing less than twentyfive percent. RCP Photography 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, Phantom and DJI S1000 UAS will severely constrain the practicality of any 

aerial video or still photo flight operations that RCP Photography LLC proposes to 

conduct pursuant to this Petition. 

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

Phantom and DJI S1000 UASs, the DJI Phantom 2, Phantom and DJI S1000 operating 

documents, and RCP Photography LLC proposed operating limitations, ensure that RCP 

Photography LLC will safely operate the battery powered DJI Phantom 2, Phantom and 

DJI S1000 UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 15

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

after that for at least 3.5 minutes.

5. Extent Of Exemption RCP Photography LLC Seeks And The Reason RCP 

Photography LLC Seeks Exemption 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, RCP Photography LLC requests 

exemption from these Sections because the DJI Phantom 2, Phantom and DJI S1000

UASs do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 2, Phantom and DJI S1000 UASs meet the conditions of FMRA Section 333 for 
operation without an airworthiness certificate. Therefore, RCP Photography 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., Maintenance Log, DJI Phantom 2, Phantom and DJI S1000 Instruction 

Manuals). Furthermore, RCP Photography LLC will document and maintain all 

maintenance records for the DJI Phantom 2, Phantom and DJI S1000 UASs. 

D. Granting RCP Photography LLC Request Would be in the Public Interest

Granting the present petition will allow RCP Photography LLC to safely, 

efficiently, and economically perform aerial video and photography of weddings, motion 

picture and television sets, construction sites, real estate, and landscape photography over 

certain areas of the United States. 

Additionally, use of the DJI Phantom 2, Phantom and DJI S1000 UASs will

reduce pollution, decrease congestion of the NAS above 500 feet, and provide benefits to 

the economy with the growth of RCP Photography LLC. Notably, the benefits of RCP 

Photography LLC proposed operation of the DJI Phantom 2, Phantom and DJI S1000

UASs would be done without violating any privacy issues. 

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

The DJI Phantom 2, Phantom and DJI S1000 UAS 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, Phantom or DJI

S1000 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. 

Additionally, 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, Phantom and DJI S1000 UAS 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, Phantom and DJI S1000 UASs

Conducting aerial photography & videography with the DJI Phantom 2, Phantom 

and DJI S1000 UASs, 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, Phantom and DJI S1000 UASs produce no air pollution, and 

are an environmentally conscious alternative to the customary cabin class, internal 

combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of aviation fuel. The DJI Phantom 2, 

Phantom and DJI S1000 UAS, while reducing the carbon footprint of aerial assignments, 

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, Phantom and DJI S1000 UASs to perform aerial 

videography and photography, 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, Phantom and DJI S1000 UAS

(weighing 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 S1000 has a maximum gross weight of approximately 11 pounds, a diagonal 

wheelbase of 41.14 inches, height of 18.11 inches, and a maximum speed of 

approximately 42 knots, 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). The S1000 UAS will also be equipped with an emergency dropsafe 

parachute to reduce the speed of decent back to the ground in the event of an emergency. 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2, 

Phantom and DJI S1000 UASs Will Benefit The Economy

In addition to being safe and efficient, the DJI Phantom 2, Phantom and DJI 

S1000 UASs are also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 2, Phantom and DJI 

S1000 UASs will allow United States based companies, like RCP Photography LLC, to 

remain competitive and contribute to growth of the U.S. economy. Operating the battery

powered DJI Phantom 2, Phantom and DJI S1000 UASs is an evolving technology that 

allows companies greater operational flexibility without the high operational cost of a 

traditional manned aircraft. 

By operating the DJI Phantom 2, Phantom and DJI S1000 UASs, companies such 

as RCP Photography LLC, can remain competitive and profitable, and therefore, provide 

greater job stability to potential employees and contractors, which will ultimately

contribute to growth of the economy. Improved financial performance of such companies, 

through commercial use of the DJI Phantom 2, Phantom and DJI S1000 UASs, provides a 

stable workforce that increases consumer spending; improves local, state, and federal tax 

revenues.

4. General Public Privacy Concerns

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

decades, RCP Photography LLC proposed operation of the DJI Phantom 2, Phantom and 

DJI S1000 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2, 

Phantom and DJI S1000 UASs will be operated only in compliance with operating 
documents (i.e., Maintenance Log, and DJI Phantom 2, Phantom and DJI S1000

Instruction Manuals) 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. 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 RCP Photography LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 2, Phantom and DJI S1000 UAS 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, RCP Photography LLC operation of the DJI 

Phantom 2, Phantom and DJI S1000 UASs 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, RCP Photography LLC submits that the DJI Phantom 

2, Phantom and DJI S1000 UASs can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2, Phantom 

and DJI S1000 UASs; (b) the pilot certification requirement; and (c) the specific 

operating limitations. 

a. The Specifications Of The DJI Phantom 2, Phantom and DJI S1000

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, Phantom and DJI S1000 UASs do 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, Phantom and DJI 

S1000 UASs. 

The technical specifications of the DJI Phantom 2, Phantom and DJI S1000 UASs 

are set forth by the DJI Phantom 2, Phantom and DJI S1000 Specifications and Data 

Sheet, attached here to as Exhibit A and B. 

ii. The DJI Phantom 2, Phantom and DJI S1000 UASs Autonomous 

Flight And Navigation Modes Enable The UASs To Remain Within 

A Defined Operational Area. 

The DJI Phantom 2, Phantom and DJI S1000 UASs may be operated in both manual and 

fully autonomous flight modes. In some instances, it also has the ability to slowly follow 

a predetermined set of waypoints to return to a safety complete a flight. RCP 

Photography LLC does not operate its UASs near airports and normally does not operate 

them near populated areas. The UAS operating software and GPS navigation systems do 

not allow any of RCP Photography LLC UASs to operate near airports or restricted fly 

zones. The failsafe software will disable the UAS from taking off and also limit the UAS 

systems from operating within specific GPS preset no-fly zones. A complete description 

of the flight and navigational modes of the DJI Phantom 2 and Phantom are provided at 

pages 24-30 of the DJI Phantom 2 user manual and page 33-43 of the DJI S1000 User 

Manuals, attached hereto as Exhibit C and D. 

iii. The DJI Phantom 2, Phantom and DJI S1000 UASs 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, Phantom and DJI S1000 UAS

will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2, Phantom and DJI S1000 UAS do not reacquire control link data from the 

GCS, the UAS will assume that the Control Link is lost and the UAS 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 UAS are 

set forth at pages 24 through 30 and for the DJI S1000 at pages 30 through 31 of the DJI 

Phantom 2, Phantom and DJI S1000 User Manuals, attached hereto as Exhibit C and D. 

iv. The DJI Phantom 2, Phantom and DJI S1000 GCS And Its 

Operation.

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

Phantom and DJI S1000 GCS and flight control software is provided at pages 32 through 

43 of the DJI Phantom 2, Phantom User Manual and pages 6 through 22 of the DJI S1000

User Manual. DJI Phantom 2, Phantom and DJI S1000 A2 Flight Control System User 

Manuals are attached hereto as Exhibits C and D. 

b. Flight Operations Of DJI Phantom 2, Phantom and DJI S1000 UASs 

Are Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer. 

RCP Photography LLC will only utilize certificated pilots who posses the 

necessary training and logged hours on stated UASs to act as a pilot in command (PIC) of 

the DJI Phantom 2, Phantom and DJI S1000 UASs. Additionally, a safety observer will 

assist all pilots during flight time and RCP Photography LLC will have a crew of no less 

than three people for all UAS flights. 

c. Flights Of DJI Phantom 2, Phantom and DJI S1000 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, RCP Photography LLC proposes to commercially
operate DJI Phantom 2, Phantom and DJI S1000 UASs for the special purpose of 

conducting aerial video and photography over certain areas of United States, pursuant to 

the following 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, 

Phantom and DJI S1000 Unmanned Aircraft Systems. 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 200 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 purposes of 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. § 

1.1. 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- 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 

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 

Administrator or any law enforcement official upon request. 
29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

31. Flight operations must be conducted at least 500 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). 

32. 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.

33. 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.

RCP Photography 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, Phantom and DJI S1000 UASs 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, Phantom and DJI S1000 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
Considering RCP Photography 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, 

Phantom and DJI S1000 UAS, RCP Photography LLC submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to 

the airmanship skills necessary for RCP Photography LLC 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). 

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 RCP Photography LLC 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 flighthour 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, RCP Photography LLC will ensure safe operations by not allowing 

any PIC to operate the DJI Phantom 2, Phantom and DJI S1000 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, Phantom and DJI S1000 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

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

because prior to every flight, RCP Photography LLC will ensure that the DJI Phantom 2, 

Phantom or DJI S1000 1 UASs are 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

The equivalent level of safety established by Section 91.121 will be maintained 
because the altitude information of the DJI Phantom 2, Phantom and DJI S1000 UAS 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 RCP Photography LLC operation 

of the DJI Phantom 2, Phantom and DJI S1000 UAS within visual line of sight, at or 

below 200 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, Phantom and DJI S1000 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, RCP 

Photography LLC will ensure that it will safely operate the battery powered DJI Phantom 

2, Phantom and DJI S1000 UAS during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 15 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 3.5 minutes and 

will not fly with a battery power containing less than twenty-five percent. 

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

2, Phantom and DJI S1000 UASs; 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, Phantom and DJI S1000 UASs 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 2, Phantom 

and DJI S1000 UASs 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, RCP Photography 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 RCP Photography LLC will use trained technicians 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 Logs, and DJI Phantom 2, Phantom and DJI S1000 Instruction Manuals). 

Furthermore, RCP Photography LLC will document and maintain all maintenance 

records for the DJI Phantom 2, Phantom and DJI S1000 UASs. 

Since the DJI Phantom 2, Phantom and DJI S1000 UASs will be inspected as 
prescribed by the operating documents, RCP Photography 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, Phantom and DJI S1000 User Manuals are 

attached hereto as Exhibit C and D; a copy of the DJI Phantom 2, Phantom and DJI 

S1000 UAS Maintenance Log is attached hereto as Exhibit E. 

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

Photography 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 

DJI Phantom 2, Phantom and DJI S1000 UASs 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 RCP Photography LLC proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2, Phantom and DJI

S1000 UASs, RCP Photography 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). 

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, RCP Photography LLC

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

Phantom 2, Phantom and DJI S1000 UASs, 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.

§ 21.16, for operation of the DJI Phantom 2, Phantom and DJI S1000 UASs, 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 RCP Photography LLC intended operation of 
the DJI Phantom 2, Phantom and DJI S1000 UASs, 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).

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

Rules From Which RCP Photography LLC Seeks Exemption: 

RCP Photography 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 RCP Photography 

LLC Seeks: 

This exemption will permit RCP Photography 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.

 Any Additional Information, Views, Or Arguments Available To Support 

RCP Photography LLC’s 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, RCP Photography 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. 

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, RCP Photography LLC will operate the DJI 

Phantom 2, Phantom and DJI S1000 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. 
CONCLUSION

As set forth herein, RCP Photography 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 safe operation of the DJI Phantom 2, Phantom and DJI 

S1000 UASs commercially, without an airworthiness certificate, for the limited purpose 

of conducting aerial video and photography over certain areas of the United States. 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 RCP Photography LLC to safely, efficiently, and 

economically operate the DJI Phantom 2, Phantom and DJI S1000 UASs commercially 

within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, RCP Photography 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 RCP Photography LLC to operate 

the DJI Phantom 2, Phantom and DJI S1000 UASs commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States.

Dated: September 22, 2015

Respectfully submitted,

RCP Photography LLC

_________________________

RCP Photography LLC

RCP Photography LLC

10645 N Oracle Rd. STE 121-101

Oro Valley, AZ 85737
Appendices:

A – DJI Phantom 2 Vision Specifications Data Sheet

B – DJI S1000 Specifications Data Sheet

C – DJI Phantom 2 Manufacturer’s User Manual

D – DJI S1000 Manufacturer’s User Manual

E – Monthly Maintenance Log
APPENDIX – A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

RCP Photography 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 realtime altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices)

1.1 DJI Phantom 2 

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 200/s

1.1.1.5 Max Tilt Angel - 35

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.03

1.1.2.3 Controllable Range – Pitch: -90 - 0

1.1.2.4 Maximum Angular Speed – Pitch: 90/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 32F - 104F (0C - 40C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 110/85

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V
1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

RCP Photography 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 realtime altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices)

2.2 DJI S1000

Content INTRODUCTION..............................................................................................................4 

PRODUCT INTRODUCTION ........................................................................................................4 

IN THE BOX...........................................................................................................................4 

EQUIPMENT PREPARED BY USERS ..............................................................................................4 

SYSTEM INTRODUCTION...........................................................................................................5 

SYMBOL INSTRUCTION ............................................................................................................5 1 

ASSEMBLY AND CONFIGURATION................................................................................6 1.1 

HARDWARE INSTALLATION AND CONNECTION ........................................................................6 

1.1.1 Mixer Type Supported ...........................................................................................6 1.1.2

Hardware Connection Diagram.............................................................................7 1.1.3 

Important for Assembly and Connection...............................................................7 1.2 

SOFTWARE INSTALLATION AND CONFIGURATION...................................................................15 

1.2.1 Installing Driver and Assistant Software .............................................................15 

1.2.2 Configure using Assistant Software on a PC........................................................16

1.2.3 Configure the control mode switch .....................................................................17 

1.2.4 Configuration Checking .......................................................................................19 

1.2.5 Tools ....................................................................................................................20 

1.3 COMPASS CALIBRATION ...................................................................................................22

2 BASIC FLYING .............................................................................................................23 

2.1 CONTROL MODE INSTRUCTION .........................................................................................23 

2.2 FLYING ENVIRONMENT REQUIREMENTS ..............................................................................25 

2.3 CHECK LIST BEFORE FLYING...............................................................................................25

2.4 POWER ON AND CHECK ...................................................................................................26 

2.5 START MOTORS METHODS...............................................................................................26 

2.6 BASIC FLYING TEST .........................................................................................................28 

3 PROTECTION FUNCTIONS SETTING ............................................................................30 

3.1 FAILSAFE ......................................................................................................................30 

3.2 LOW VOLTAGE PROTECTION..............................................................................................31 

4 ADVANCED FEATURES................................................................................................33 
4.1 IOC (INTELLIGENT ORIENTATION CONTROL) 

FUNCTION..........................................................33 

4.1.1IOC........................................................................................................................33 

3 4.1.2 Cruise Control......................................................................................................37 

4.2 SERVO GIMBAL FUNCTION................................................................................................39 

4.3 FLIGHT LIMITS ...............................................................................................................39 

4.3.1 Max Height, Radius Limits & Home Fence...........................................................39 

4.3.2 Flight Limits of Special Areas...............................................................................41 

4.3.3 Conditions of Flight Limits...................................................................................43 

4.4 PARACHUTE FUNCTION..............................................................................................44 

4.5 GEAR FUNCTION ............................................................................................................44 

4.6 ATTITUDE CONTROL WHEN ONE MOTOR OUTPUT FAILS........................................................45 

4.7 DJI ASSISTANT APP USAGE...............................................................................................45 

APPENDIX.....................................................................................................................48 

LED INDICATOR DESCRIPTIONS................................................................................................48 

SPECIFICATIONS ...................................................................................................................49 

FAQ ..............................................................................................................................50 

USE WITH OTHER DJI PRODUCTS .............................................................................................50 

CHANNEL MAPPING INSTRUCTIONS FOR PC ASSISTANT SOFTWARE........................................52 

RECOMMENDED MAPPING FOR FUTABA TRANSMITTER (MODE 2) USER................................54 

SETTINGS OF GAIN VALUES FOR YOUR REFERENCE ......................................................................54 

THE TRANSMITTER SETUP OF FUTABA....................................................................................54 

DISCLAIMER .................................................................................................................56 

TRADEMARK ................................................................................................................56

APPENDIX – C

DJI Phantom 2 Manufacturer’s User Manual

APPENDIX – D

DJI S1000 Manufacturer’s User Manual
APPENDIX – E

month:_________(year:________

UAS$#:$___________

Date(Issue(

Discovered

Date(Issue(

Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted

Maintenance(Performed(By:(((

Print(&(Sign