AndOr Productions

Phoenix, Arizona

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 

11, AndOr Productions Inc requests an exemption from the Federal Aviation Regulations outlined below. AndOr 

Productions requests exemption in order to allow its use of the DJI Phantom 2 Unmanned Aerial System (UAS)

in commercial operations for purposes of aerial photography/videography, so long as such operations

are conducted within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333 or Section 49 USC § 44701.

AndOr Productions is willing to comply with conditions that the FAA has issued in recent Section 333

exemptions, specifically Exemption 11153 (Burnz Eye View). Due to this agreement, in addition to the

strong similarity of AndOr Productions' operations compared to those already approved for exemption, the

FAA should be able to summarily process and approve this petition.

NAME AND ADDRESS OF THE PETITIONER

AndOr Productions Inc 

Attn: Austin Coulson, Director of Operations

3502 E Blanche Dr

Phoenix, AZ 85032

Phone: 480.305.4302

Email: info@andorpro.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.119(c)

14 CFR § 91.151(a)

14 CFR § 91.405(a)

14 CFR § 91.407(a)(1)

14 CFR § 91.409(a)(1) & (2)

14 CFR § 91.417(a) & (b)

The Petitioner also requests exemption from any other regulations the FAA deems necessary in order to

operate the UAS as described herein.

I. DESCRIPTION OF ACTIVITIES

AndOr Productions wishes to use the DJI Phantom 2 UAS for commercial photography and videography under

controlled conditions in airspace that is limited, predetermined and access-controlled. Primarily, the function of 

the UAS operated by AndOr Productions will be for supplemental photography of real estate for the land owner. 

By operating a small, lightweight aircraft under a strict set of limitations, AndOr Productions will be able to

operate UAS in the National Airspace System (NAS) while satisfying the FMRA § 333 requirement to

achieve an equivalent level of safety when compared to traditional aircraft. AndOr Productions further believes

that its proposed operations will actually increase the level of safety when compared to traditional,

manned aircraft carrying combustible fuel.
II. DESCRIPTION OF AIRCRAFT

AndOr Productions plans to operate a DJI Phantom 22 UAS system. The Phantom 2 is a multi-rotor aircraft

equipped with an onboard NAZA computer stabilization controller and GPS. The maximum loaded

takeoff weight of the Phantom 2 is less than 3 pounds and the maximum airspeed is less than 30 knots.

The DJI Phantom 2 operated by AndOr Productions will also contain a DJI iOSD Mini3 to provide real-time 

flight telemetry to the Pilot in Command (PIC). Data points include:

• Power voltage and battery level percentage

• Distance between aircraft and home point

• Altitude

• Pitch/roll attitude

• Airspeed

• GPS status

• Aircraft nose direction

• Vertical velocity

• Azimuth angle

The NAZA controller and GPS allow the operator to set flight limits restricting the maximum altitude

Above Ground Level (AGL) and maximum horizontal distance between the home point (takeoff point)

and the aircraft. While the PIC will always be aware of these factors, the automated geo-fencing

technology provides a useful redundancy in keeping the aircraft within the Area of Operation (AO).

III. PILOT IN COMMAND

Section 61.113(a) and (b) prescribes that—

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

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a

private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or

present a hazard to persons or property on the ground.

AndOr Productions’s proposed operation does not differ significantly from the situation described in Grant of

Exemption No. 11062 to Astraeus. AndOr Productions plans to operate over property with the permission of the

land owner/controller while also limiting access to the property during operations.

Given the similar nature of AndOr Productions' proposed operating environment to that of Astraeus, the

parallel nature of private pilot aeronautical knowledge requirements to those of commercial

requirements, and the airmanship skills necessary to operate the UAS, AndOr Productions believes that the

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

airmanship skills necessary for the proposed operations. Therefore a PIC holding a private pilot

certificate and valid drivers license is appropriate for the proposed operations.

IV. ALTITUDE

Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate

an aircraft below an altitude of 500 feet above the surface, except over open water or sparsely

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person,

vessel, vehicle, or structure.

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes less than 500 feet

AGL. By definition, the Unmanned Aerial Vehicle (UAV) will be operated closer than 500 feet to persons

or property. An equivalent level of safety will be achieved given the size, weight, speed, and material

with which the Phantom 2 is built, as well as adherence to the following procedures:

1. The UAV will not be operated over congested or densely populated areas (defined as open air
assemblies of persons or other areas where a safe forced landing cannot be accomplished due

to risk of endangering persons or property on the ground).

2. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons

other than the PIC, Visual Observer (VO), operator trainees or essential persons), vessels,

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from

the UAV and/or debris in the event of an accident. AndOr Productions will 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 UAV,

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).

3. All operations will be conducted over private or controlled-access property with permission

from the land owner/controller or authorized representative. Permission from the land

owner/controller or authorized representative will be obtained for each flight to be conducted.

In all situations, the PIC will make a safety assessment of the risk of operating closer than 500 feet to

persons, vessels, vehicles, or structures and will only undertake the operation if he/she determines that

it does not present an undue hazard. The FAA has approved similar exemptions in 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11110, and 11153.

V. FUEL REQUIREMENTS

Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules

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

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

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Relief from § 91.151(a) is necessary because the DJI Phantom 2 will only operate for approximately 25

minutes per charge, making operation of the aircraft impossible under this section. Safety features of

the Phantom II include low battery warnings at 30% capacity and an automated landing when the

battery reaches 15% capacity. These features, teamed with the small size and weight of the UAV should

more than achieve an equivalent level of safety. The FAA has approved similar exemptions in 2689,

5745, 10650, 10673, 10808, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

and 11153.

VI. AIRWORTHINESS

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy

condition.

The FAA has found in numerous exemptions that similar UAS operations do not require an airworthiness

certificate in accordance with 14 CFR part 21, Subpart H. AndOr Productions proposes that compliance with its

operating documents be a sufficient means for determining an airworthy condition. Given the size of

the aircraft and the requirements by which AndOr Productions has agreed to abide, an equivalent level of safety

will be achieved by ensuring compliance with the AndOr Productions/Phantom 2 manuals prior to each flight.

The FAA has approved similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, and 11153.

VII. MAINTENANCE/INSPECTION

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Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft 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,
Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return

to service by a person authorized under § 43.7 of this chapter.

Section 91.409(a) prescribes, in pertinent part, that 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 and has been approved for return to

service by a person authorized by Sec. 43.7

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that—

(a) 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 that are required to

be overhauled on a specified time basis.

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

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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) 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.

AndOr Productions requests an exemption to the above inspection/maintenance Federal Aviation Regulations

(FARs) and proposes the following maintenance/inspection procedures that will achieve an equivalent

level of safety:

1. Prior to each flight the PIC will 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 will be

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 will be included in the
preflight inspection. All maintenance and alterations will be properly documented in the aircraft

records.

2. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, will undergo a functional test

flight. The PIC who conducts the functional test flight will make an entry in the aircraft records.

3. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the operating

documents.

4. AndOr Productions will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

5. AndOr Productions will 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 will 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.

6. Each UAS operated under the exemption will comply with all manufacturer Safety Bulletins.

7. The authorized person will make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

Adherence to the above procedures, as well as others included in the attached documentation

(including a preflight checklist) should provide more than an equivalent level of safety to the above

FARs. The FAA has approved similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, and 11153.

VIII. PUBLIC INTEREST

Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or more and

contain one or more living souls on board. AndOr Productions' UAV will weigh less than 3 pounds and contain

no living crew (the PIC and VO being remotely located from the UAV). The limited weight significantly

reduces the potential for harm to participating and nonparticipating individuals or property in the event

of an incident or accident. There is no risk to an onboard crew while using a UAV.

Traditional manned aircraft contain highly-flammable fuel and are at risk of fuel spillage and fire in the

event of an incident or accident. The battery-powered Phantom 2 carries no fuel, eliminating this fire

and environmental risk.

Traditional aerial photography/videography operations using conventional aircraft can operate in very

close proximity to persons and property on the ground. While the FAA mitigates these risks in a variety

of ways, the proposed UAS operations would reduce risks even further due to the limited size, weight,

speed, operating conditions, and safety features of the Phantom 2.

Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration of UAS into

the NAS is inherently in the public interest, as long as it can be accomplished safely. As described above,

not only will the proposed UAS operations provide an equivalent level of safety to current operations –

they will actually provide a greatly-improved level of safety to the public and its property.

IX. NATIONAL SECURITY

No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity,

speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the

Phantom 2 poses no threat to national security.

X. PRIVACY

All operations will be conducted over private or controlled-access property with permission from the

land owner/controller or authorized representative. Permission from the land owner/controller or

authorized representative will be obtained for each flight to be conducted.

XI. SUMMARY OF ANDOR PRODUCTIONS INC, SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, AndOr Productions hereby provides, pursuant to Part 11, a summary of 
its exemption application to allow commercial operation of the DJI Phantom 2 unmanned aerial vehicle in 

photography/videography work. An exemption is requested from the following regulations:

14 C.P.R. §61.113(a)&(b) 

14 C.P.R. §91.7(a)

14 C.P.R. §91.119(c)

14 C.P.R. §91.151(a)

14 C.P.R. §91.405(a)

14 C.P.R. §91.407(a)(1)

14 C.P.R. §91.409(a)(1)&(2)

14 C.P.R. §91.417(a)&(b)

XII. CONCLUSION

In summary, AndOr Productions seeks exemption from the FARs listed above in order to commercially operate a 

small unmanned aerial vehicle of less than 3 pounds for the purposes of aerial photography and videography.

Approval of this exemption will enhance safety by removing the many risk factors caused by traditional, manned 

aircraft undertaking these operations.

Sincerely,

Austin Coulson

Director of Operations, AndOr Productions Inc