UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CDM SMITH INC.

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 THE

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 February 18, 2015

GREGORY S. WINTON, ESQ.

JARED M. ALLEN, ESQ.

THE AVIATION LAW FIRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorneys for Petitioner
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TABLE OF CONTENTS

Page

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

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

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

BACKGROUND .................................................................................................................4

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

NAME AND ADDRESS OF PETITIONER.................................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CDM SMITH INC.

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

THE EXTENT OF RELIEF CDM SMITH INC. SEEKS AND THE REASON CDM 

SMITH INC. SEEKS THE RELIEF............................................................................11

THE REASONS WHY GRANTING CDM SMITH INC.'S REQUEST WOULD BE 

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT CDM SMITH INC.'S REQUEST .......................................................33

CONCLUSION.................................................................................................................34
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer 

PIC Pilot In Command

RTH Return To Home

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

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing 
4

SUMMARY

CDM Smith Inc. 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 CDM Smith Inc. to operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial acquisitions 

within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

CDM Smith Inc. (hereinafter referred to as “CDM Smith”) is a leading global consulting, 

engineering, construction, and operations firm of more than 5,000 professionals delivering 

integrated solutions in water, environment, transportation, energy and facilities. CDM Smith’s 

world headquarters are located in Cambridge, Massachusetts. 

BACKGROUND

Unmanned Aircraft System: Phantom 2 Vision UAS

CDM Smith seeks an exemption to operate the DJI Phantom 2 Vision UAS (Phantom 2 

Vision UAS) for compensation or hire within the NAS. The Phantom 2 Vision UAS is 

comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a 

transportable Ground Control Station (GCS). The Phantom 2 Vision UA has a maximum gross 

weight of approximately 5.5 pounds; measures approximately 12 inches in length, 12 inches in 

width, and 7 inches in height; and has maximum speed of approximately 30 knots. The Phantom 

2 Vision UA is equipped with four rotors, each being driven by a Lithium Polymer battery 

powered electric motor.
5

The Phantom 2 Vision UA that will be operated by CDM Smith 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, CDM Smith Inc., by and through undersigned counsel, pursuant to the 

provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization 

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to operate the Phantom 2 Vision UAS within 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 size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, CDM Smith’s operation of the 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, CDM Smith 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. 

CDM Smith submits that the requested relief is proper since an equivalent level of safety 

will be ensured. All maintenance, alterations, or preventive maintenance of the Phantom 2

Vision UAS performed by CDM Smith will be in accordance with the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the 
6

Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery 

Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original 

Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level 

inspections and maintenance per the operating documents and OEM standards. CDM Smith will 

document and maintain all maintenance records for the 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 CDM Smith to the extent necessary 

to allow the proposed UAS flight operations to be conducted by a Pilot in Command (PIC)

holding a private pilot 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 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.

CDM Smith seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the Phantom 2 Vision UAS does not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. As such, CDM Smith submits that it will ensure that the 

Phantom 2 Vision UAS is in an airworthy condition, prior to every flight, by determining that the 

UAS is in compliance with the operating documents (i.e., the Phantom 2 Vision User Manual, 

the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight 

Battery Safety Guidelines and the Phantom Pilot Training Guide), and that the aircraft is in a 

condition for safe flight.

 CDM Smith also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, because the altitude reporting equipment of the Phantom 2 Vision UAS is set 
7

to zero feet above ground level (AGL), rather than local barometric pressure or field altitude, 

before each flight. The altitude information of the Phantom 2 Vision UA is provided to the PIC

via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. A level of safety equivalent to Section 91.121 will be ensured as 

the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet 

AGL, and CDM Smith will operate the Phantom 2 Vision UA within visual line of sight, at or 

below 400 feet AGL.

Additionally, CDM Smith seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. CDM Smith submits that 

safety will not be affected by operation of the 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 20 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery 

power remaining).

In accordance with 14 C.F.R. § 11.81, CDM Smith 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 is:

CDM Smith Inc.

50 Hampshire Street

Cambridge, MA 02139
8

The point of contact for this Petition and specific contact information is as follows:

Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway, Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550 | Fax: (866) 568-9886

Email: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which CDM Smith Seeks Exemption.

1. CDM Smith 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. CDM Smith 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. CDM Smith 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;
9

(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. CDM Smith 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. CDM Smith 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. CDM Smith 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. CDM Smith 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:
10

(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. CDM Smith 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.
11

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

the last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

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

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

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

recurring action, the time and date when the next action is required.

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

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

and appliances.

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

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

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

performed.

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

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

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

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

return to service.

C. The Extent Of Relief CDM Smith Seeks And The Reason CDM Smith Seeks The 

Relief.

1. Extent of Relief CDM Smith Seeks And The Reason CDM Smith 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 

certificate, as well as an airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

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

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 
12

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, CDM Smith submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the Phantom 2 Vision UAS unless that 

PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to 

safely operate the Phantom 2 Vision UAS in a manner consistent with the operations 

specifications as set forth herein, including evasive and emergency maneuvers, as well as 

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

Further, CDM Smith submits that all flights of the Phantom 2 Vision UAS, conducted by 

the PIC pursuant to the grant of this Petition: (1) will be incidental to CDM Smith’s business; 

and (2) will not carry passengers or property for compensation or hire.

2. Extent of Relief CDM Smith Seeks And The Reason CDM Smith 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 CDM Smith to determine that the Phantom 2 Vision UAS is in an airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, 

the Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom 

Pilot Training Guide).

CDM Smith seeks the requested relief because the Phantom 2 Vision UAS does not 

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

CDM Smith will ensure that the Phantom 2 Vision UAS is in an airworthy condition based upon 

its compliance with the operating documents prior to every flight, and further, determine the 

aircraft is in a condition for safe flight, as stated in the conditions and limitations below.
13

3. Extent of Relief CDM Smith Seeks And The Reason CDM Smith Seeks Relief 

From Section 91.121.

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

operations of the Phantom 2 Vision UAS, because the Phantom 2 Vision UA’s altitude reporting 

equipment may be set on the ground to zero feet AGL, rather than local barometric pressure or 

field altitude, before each flight. The Phantom 2 Vision UAS utilizes 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). 

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 

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

stated below. As more fully set forth herein, a level of safety equivalent to Section 91.121 will 

be ensured as the altitude of the Phantom 2 Vision UA will be reported to air traffic control 

(ATC) in feet above ground level (AGL), and CDM Smith will operate the Phantom 2 Vision

UA within visual line of sight, at or below 400 feet AGL.

4. Extent Of Relief CDM Smith Seeks And The Reason CDM Smith Seeks 

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 Phantom 2 Vision UA

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

(VFR) for a total duration of 20 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery power

remaining). CDM Smith seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered Phantom 2 Vision UA will severely 
14

constrain the practicality of any aerial acquisition and research flight operations that CDM Smith

proposes to conduct pursuant to this Petition.

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

UAS, the Phantom 2 Vision UAS operating documents, and CDM Smith’s proposed operating 

limitations, ensure that CDM Smith will safely operate the battery powered 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 20 minutes to the first point of 

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

(i.e., 20 percent battery power remaining).

5. Extent Of Relief CDM Smith Seeks And The Reason CDM Smith 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, CDM Smith requests relief from these Sections 

because the Phantom 2 Vision UAS does not require an airworthiness certificate. As set forth

more fully below, the Phantom 2 Vision UAS meets the conditions of Section 333 of the FMRA 

for operation without an airworthiness certificate. 

All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 2 

Vision UAS performed by CDM Smith will be in accordance with the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the 

Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery 

Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original 

Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level 
15

inspections and maintenance per the operating documents and OEM standards. CDM Smith will 

document and maintain all maintenance records for the Phantom 2 Vision UAS. 

D. The Reasons Why Granting CDM Smith’s 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 CDM Smith to

safely, efficiently, and economically perform aerial acquisitions and research within the NAS, 

commercially, in support of government entities, agriculture, scientific studies, railroad industry, 

and the oil and gas industries. Additionally, use of the Phantom 2 Vision UAS will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

Notably, the benefits of CDM Smith’s proposed operation of the Phantom 2 Vision UAS will be 

realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition And Research 

Performed.

CDM Smith submits this Petition to commercially operate the Phantom 2 Vision UAS 

and perform aerial acquisitions within the NAS, in support of government entities, agriculture, 

scientific studies, mining, and industry (e.g., railroad, gas, and oil industries). The Phantom 2 

Vision UAS will provide safe, efficient, and economical aerial acquisition and research 

operations to further each of these fields, all of which are critical to the well-being of the general 

public.

The specific operations that CDM Smith will perform with the Phantom 2 Vision UAS 

demonstrate how the requested exemption will directly benefit the above-referenced industries 

and the public. In the railroad, oil, and gas industries, the Phantom 2 Vision UAS will be used 

to: aid in facility inspections; survey and plan new worksites; survey of damage cause by storms, 

natural disasters, and accidents; and perform right of way analysis. The Phantom 2 Vision UAS 
16

may also further environmental management by mapping deforestation and surveying point 

source pollution.

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

The Phantom 2 Vision UA is battery powered and serves 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 Phantom 2 Vision UAS would reduce the amount of manned aircraft in the 

NAS, reduce noise and air pollution, and increase the safety of life and property in the air and on 

the ground. 

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 

Phantom 2 Vision UA does not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial survey 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. 

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

Vision UAS.

Conducting aerial acquisitions with the 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 survey flight operations. By using battery power and electric 

motors, the Phantom 2 Vision UAS produces no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion twin 

engine aircraft that are typically utilized for aerial acquisitions, and burn approximately 20-30 

gallons per hour of leaded aviation fuel. The Phantom 2 Vision UA, while reducing the carbon 
17

footprint of aerial acquisitions, also reduces noise pollution, as the UA is propelled by battery 

powered electric motors, rather than an internal combustion engine.

By using the 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 flightcrew members located onboard the aircraft, the Phantom 2 Vision UA (weighing 

approximately 5.5 pounds at its maximum gross weight; measuring approximately 14 inches 

diagonally; and carrying 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 

aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40 

feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The Phantom 2 Vision UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the Phantom 2 Vision UAS is also an economical 

alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the 

Phantom 2 Vision UAS will allow United States based companies, like CDM Smith, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered 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. 
18

By operating the Phantom 2 Vision UAS, companies such as CDM Smith, 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 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, CDM Smith’s proposed operation of the Phantom 2 Vision UAS will not implicate any 

privacy issues. Specifically, the Phantom 2 Vision UAS will only be operated pursuant to the 

specific conditions and limitations set forth herein, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most 

significantly, the Phantom 2 Vision UA will not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure, which is not directly involved in the operation.

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

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

Provided By The Rule From Which CDM Smith Seeks Exemption.

1. Reasons Why The Phantom 2 Vision UAS Meets 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, CDM Smith’s operation of the Phantom 2 Vision UAS 

meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 
19

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, CDM Smith submits that the Phantom 2 Vision UAS can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the Phantom 2 Vision UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations.
20

a. The Specifications Of The Phantom 2 Vision UAS Demonstrate Its 

Safe Characteristics. 

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

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability. 

i. Technical Specifications Of The Phantom 2 Vision UAS.

The technical specifications of the Phantom 2 Vision UAS are set forth at page 70 of the 

Phantom 2 Vision User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary 

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)1.

ii. The Phantom 2 Vision UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area.

The Phantom 2 Vision UAS may be operated in both semi and fully autonomous flight 

modes. The Phantom 2 Vision UAS autonomous features include the following: a GPS Position

and Altitude Hold when the GCS controls are released to their neutral positions; a Return To 

Home (RTH) function; and Flight Limits (i.e, pre-set limitations that restrict the distance and 

height of the UAS flight operations). 

A complete description of the autonomous modes of the Phantom 2 Vision UAS is 

provided at pages 32 through 41 of the Phantom 2 Vision User Manual, attached hereto as 

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file 

pursuant to 14 C.F.R. § 11.35(b).

 

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 

11.35(b), are not to be included in the Federal Docket Management System (FDMS).
21

iii. The Phantom 2 Vision UAS Is Designed For Automatic Return 

To Home Point Or Auto-Land In The Event Of Loss Of The 

Control Link Or Navigation.

A complete description of the Failsafe Functions of the Phantom 2 Vision UAS is set 

forth at pages 32 through 41 of the Phantom 2 Vision User Manual, attached hereto as Exhibit A. 

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 

C.F.R. § 11.35(b).

iv. The Phantom 2 Vision GCS And Its Operation.

A complete description of the operation and specifications of the Phantom 2 Vision GCS

and its software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2 

Vision User Manual. The Phantom 2 Vision UAS is compliant with all Federal Communications 

Commission (FCC) requirements, and the radio frequency spectrum used for operation and 

control of the UA is set forth at page 70 of the Phantom 2 Vision UAS User Manual. A copy of 

the Phantom 2 Vision User Manual, which contains proprietary information, is attached hereto as 

Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 2 Vision UAS Are Limited To 

The Line Of Sight Of A Certificated Pilot in Command With 

A Safety Observer.

CDM Smith will only utilize certificated pilots who possess a current and valid FAA 

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

UAS. Additionally, a safety observer will assist all pilots during flight operations.

c. Flights Of The Phantom 2 Vision UAS Will Be Conducted Pursuant 

To Specific Operating Limitations.

In seeking this exemption, CDM Smith proposes to commercially operate the Phantom 2 

Vision UAS for the special purpose of conducting aerial acquisitions within the NAS, pursuant 

to the following specific operating limitations:
22

1. Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operating documents, which is a quad-rotor aircraft weighing less than 6

pounds at 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 acquisitions. 

3. The UA may not be flown at an indicated airspeed exceeding 30 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. All altitudes 

reported to ATC must be in feet AGL. 

5. The UA 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 visual observer (VO) is not 

permitted. 

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO 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 VO can perform the functions prescribed in the operating documents. 

8. The VO 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 the grant of exemption. The FAA’s 
23

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 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 UAS 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 thirdclass medical certificate. The PIC must also meet the flight review requirements specified 

in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot 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). The VO is also required to complete the operator’s 

training requirements. A record of training must be documented and made available upon 

request by the Administrator. Flights for the purposes of training the operator’s PICs and 
24

VOs (training, proficiency, and experience-building), 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). Flights 

under special visual flight rules (SVFR) are not authorized. 

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

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

that airport’s management is obtained, and the operation is conducted in accordance with 

a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

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

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

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

accordance with the operating documents.

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

accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 20% 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 Airmen 

(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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 
25

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 under 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. The UA may not be operated over congested or densely populated areas. 

32. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, VO, 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, VO, 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. 
26

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

CDM Smith 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 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 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 CDM Smith’s 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 Phantom 2 Vision UAS, CDM Smith submits that the additional manned 

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

skills necessary for CDM Smith’s specific proposed flight operations.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from 

Section 61.113(a) and (b) (Exemption Nos. 11153, 11157). Additionally, 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, 11170, 11171, 11172).

CDM Smith will not allow any PIC to operate the Phantom 2 Vision UAS unless that 

PIC has demonstrated, by meeting minimum flight-hour requirements or the Phantom 2 Vision 

UAS training and currency requirements, that the PIC is able to safely operate the Phantom 2 
27

Vision UAS in a manner consistent with this exemption, including evasive and emergency 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours 

logged as a UAS pilot with a multi-rotor UAS (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 take-offs 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 CDM Smith’s 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 take-offs 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.
28

Exemption No. 11138 at page 15.

Accordingly, CDM Smith will ensure safe operations by not allowing any PIC to operate 

the 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 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.

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

prior to every flight, CDM Smith will ensure that the Phantom 2 Vision UAS is in an airworthy 

condition based upon the Phantom 2 Vision UAS’s compliance with its operating documents 

(i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 

2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training 

Guide), and as stated in the conditions and limitations herein.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from 

Section 91.7(a) (Exemption Nos. 11153, 11157). 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,

11166, 11167, 11170, 11171, 11172).

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 of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet 
29

above ground level (AGL), and CDM Smith will operate the Phantom 2 Vision UA within visual 

line of sight, at or below 400 feet AGL. Furthermore, the altitude information of the Phantom 2 

UA will be provided to the PIC via a barometric pressure sensor, 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. Prior to each flight, a zero altitude initiation point is 

automatically established by the UAS at ground level. 

The Phantom 2 Vision UAS was the subject of multiple Grants of Exemption from 

Section 91.121 (Exemption Nos. 11153, 1157). 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, 11166, 

11167, 11170, 11171).

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 Phantom 2 Vision 

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, CDM Smith will ensure that it will safely operate the battery 

powered Phantom 2 Vision UA during daylight hours in visual metrological conditions (VMC) 

under visual flight rules (VFR), with enough battery power to fly for a total duration of 20

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

that for at least five minutes (i.e., 20 percent battery power remaining).
30

Here, as in Exemption No. 11109, the technical specifications of the 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 Phantom 2 Vision UAS provides audible and visual 

warnings to the PIC at the GCS when the UA has low battery power remaining.

Significantly, the Phantom 2 Vision UAS has been the subject of multiple Grants of 

Exemption from Section 91.151 (Exemption Nos. 11153, 11157), and other 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, 11166, 11167, 11170, 11171, 11172).

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, CDM Smith 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 all 

maintenance, alterations, or preventive maintenance of the Phantom 2 Vision UAS performed by 

CDM Smith will be in accordance with the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start 
31

Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the 

Phantom Pilot Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) 

or qualified OEM maintainers will perform higher level inspections and maintenance per the 

operating documents and OEM standards. CDM Smith will document and maintain all 

maintenance records for the Phantom 2 Vision UAS. 

Since the Phantom 2 UAS will be inspected as prescribed by the operating documents, 

CDM Smith will maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). The following operating documents are attached hereto, 

identified as the following Exhibits: (A) the Phantom 2 Vision User Manual; (B) the Phantom 2 

Vision Quick Start Guide; (C) the Phantom 2 Vision Checklists; and (D) the Smart Flight Battery 

Safety Guidelines. The foregoing exhibits contain proprietary information and are to be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b).

Likewise, the exemption sought will not adversely affect safety because all maintenance, 

alterations, or preventive maintenance of the Phantom 2 Vision UAS will be performed by CDM 

Smith in accordance with the methods, techniques, and practices prescribed in the operating 

documents. Only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers 

will perform higher level inspections and maintenance per the operating documents and OEM 

standards. CDM Smith will document and maintain all maintenance records for the Phantom 2 

Vision UAS. 

Furthermore, an equivalent level of safety established by Sections 91.407, 91.417(a) and 

91.417(b), because CDM Smith will document and maintain all of the maintenance records for 

the Phantom 2 Vision UAS. 
32

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from 

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption 

Nos. 11153, 11157), and other previous exemptions granted by the FAA concerning these 

Sections establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

 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, CDM Smith requests that the FAA

prescribe special conditions for the intended operation of the 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 UA for the limited purpose of 

conducting aerial acquisitions within the NAS 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 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 
33

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 CDM Smith’s intended operation of the 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 CDM Smith Seeks Exemption:

CDM Smith Inc. 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 CDM Smith Seeks:

This exemption will permit CDM Smith Inc. to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial acquisitions within the

National Airspace System (NAS).

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

Smith’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
34

may operate safely in the NAS. As such, CDM Smith’s 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, CDM Smith will operate the Phantom 2 Vision UAS 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, CDM Smith 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 Phantom 2 Vision UAS commercially, without an airworthiness certificate, for 

the limited purpose of conducting aerial acquisitions within the National Airspace System

(NAS). 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 CDM Smith to safely, efficiently, and economically operate the 

Phantom 2 Vision UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, CDM Smith 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 CDM Smith to operate the Phantom 2 Vision UAS commercially for 

the purpose of conducting aerial acquisitions within the NAS.
35

Dated: February 18, 2015

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________

Gregory S. Winton, Esq.

Jared M. Allen, Esq. 

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorneys for Petitioner 

cc: James H. Williams, AFS-80

Robert Pappas

Dean Griffith, Esq.