UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Aerious Photograpghy 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 DJI PHANTOM 2 VISION+ 

UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on August 4, 2015 

Aerious Photograpghy Inc. 

Fong Mao 

842 E. Valley Blvd. 

Alhambra, CA 91801 

626-497-9233 

fong@aeriousphoto.com 

info@aeriousphoto.com 

~~~tivw.aeri<7usphoto.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
TABLE OF CONTENTS 

Page 

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

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

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

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

BASISFOR PETITION ....................................................................................................... 5 

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, AERIOUS PHOTOGRAPGHY INC 

SEEKSEXEMPTION ......................................................................................... 7 

THE EXTENT OF RELIEF AERIOUS PHOTOGRAGHY INC SEEKS AND THE REASON 

AERIOUS PHOTOGRAGPHY INC SEEKS THE RELIEF ......................................11 

THE REASONS WHY GRANTING AERIOUS PHOTOGRAPGHY INC REQUEST WOULD 

BE IN THE PUBLIC INTEREST ....................................................................................... 13 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECTSAFETY ..............................................................................:................................. 15 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

AERIOUS PHOTOGRAPGHY INC REQUEST.... 

CONCLUSION......................................................................................................................31 

2 
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 : ~° 

3 
SUMMARY 

AERIOUS PHOTOGRAGPHY 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 AERIOUS PHOTOGRAPGHY INC to operate 

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

photography for real estate photography, special events, film sets and landscape over certain areas of the 

United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

My name is Fong Mao of AERIOUS PHOTOGRAPGHY INC. It is my mission to provide my 

clients with expertise and knowledge in all aspects of picture, video & audio production, as well as 

provide them with advanced technologies & solutions that will increase efficiency, productivity and 

effectiveness. AERIOUS PHOTOGRAPHY, INC. also provides clients with the highest quality digital 

content for use in their commercial, personal, and non-profit multimedia projects. AERIOUS 

PHOTOGRAPHY, INC. has several years of professional experience in photography and videography 

and has become recognized as an expert in this field. AERIOUS PHOTOGRAPHY, INC. has 2 years of 

recreational/hobby experience in all aspects of aerial video and photography. The objective of AERIOUS 

PHOTOGRAPHY, INC.'s aerial video and photography operations is to provide high quality imaging for 

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

• Real Estate Videography and Photography 

• Promotional videos for business. 

• Motion Picture Filming 

4 
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 Vision+ UAS 

Aerious Photography Inc. seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2 Vision+ is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. 

The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while 

having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of 

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

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 Vision+ UAs that will be operated by AERIOUS PHOTOGRAPHY, Inc. will 

be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, 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, AERIOUS PHOTOGRAPGHY INC. pursuant to the provisions of the Federal 

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

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2 Vision+ UAS in the National Airspace System (NAS), and for 

an exemption from the requirements of 14 C.F.R §§ 61.113(a) &(b), 913(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, AERIOUS PHOTOGRAPGHY INC. operation of DJI Phantom 2 

Vision+ 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, AERIOUS PHOTOGRAPGHY INC 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. 

AERIOUS PHOTOGRAPGHY, INC. submits that the requested relief is proper since an 

equivalent level of safety will be ensured. AERIOUS PHOTOGRAPGHY INC 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., Monthly 

Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, AERIOUS 
PHOTOGRAPGHY INC will document and maintain all maintenance records for the DJI Phantom 2 

Vision+ UAS. 

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

and limitations.• Pilot in command , is requested by AERIOUS PHOTOGRAGPHY INC to the extent 

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

an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency 

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

consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and.structures. 

Aerious Photography, Inc. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 Vision+ UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. As such, Aerious Photography, Inc. submits that they will ensure that the 

DJI 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., Monthly Maintenance Log, and DJI Phantom 2 

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

Aerious Photography, Inc. also seeks an exemption from the requirements of Section 91.121, 

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

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

Global Positioning System (GPS) equipment and radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, 

combined with AERIOUS PHOTOGRAPHY, INC.'s operation of the DJI Phantom 2 Vision+ UAS 

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

91.121. 

Additionally, Aerious Photography, Inc. seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Aerious Photography, Inc. 

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

hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery 

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

assuming normal cruising speed, to fly after that for at least 4.5 minutes. 
In accordance with 14 C.F.R. § 11.81, Aerious Photography, Inc. 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: 

Fong Mao 

Aerious Photograpghy Inc. 

842 E. Valley Blvd. 

Alhambra CA 91801 

Tel: (626) 497-9233 

Email: Aeri:~tuspE~<~tt> c gm~il...c~~ty.l, 

B. The Specific Sections Of 14 C.F.R. From Which Aerious Photography, Inc. Seeks 

Exemption. 

1. Aerious Photography, Inc. Seeks Exemption From The Requirements Of Section 

Part 21, Subpart H 

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by 14 C.F.R. §91.203(a)(1) 

2. Aerious Photography, Inc. 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. 
3. Aerious Photography, Inc. 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. 

4. Aerious Photography, Inc. 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.isno 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. 

5. Aerious Photography, Inc. 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 f or at least 20 minutes. 

6. Aerious Photography, Inc. Seeks Exemption From The Requirement Of Section 

E:3 
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[.] 

7. Aerious Photography, Inc. 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[.] 

8. Aerious Photography, Inc. 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. 

9. Aerious Photography, Inc. 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 maj or 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. 

10 
C. The Extent Of Relief Aerious Photography, Inc.Seeks And The Reason Aerious Photography, 

Inc. Seeks The Relief. 

1. Aerious Photography, Inc. Seeks Exemption From The Requirements Of Section Part 21, 

Subpart H 

Given the size and limited operating area associated with the UAS to be utilized by 

Aerious Photography, Inc. an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least 

as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate without the 

restrictions and conditions of the proposed UAS operations. 

2. Extent Of Relief Aerious Photography, Inc. Seeks And The Reason Aerious Photography, Inc. 

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

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

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

business or employment if: (1) The flight is only incidental to that business or employment; and (2) The 

aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, Aerious Photography, Inc. submits that an equivalent level of 

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

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 Vision+ 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, Aerious Photography, Inc. submits that all flights of the DJI Phantom 2 Vision+, 

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

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

11 
3. Extent Of Relief Aerious Photography, Inc. Seeks And The Reason Aerious Photography, Inc. 

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 Aerious Photography, Inc. to determine that the DJI Phantom 2 Vision+ UAS are in 

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

documents (i.e., the Aerious Photography, Inc. Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 2 Vision+ Instruction Manual). 

Aerious Photography, Inc. seeks the requested relief because the DJI Phantom 2 Vision+ UAS 

does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part.21, Subpart H. Therefore, Aerious Photography, Inc. will ensure that the DJI Phantom 2 

Vision+ UAS is in airworthy condition based upon its compliance with the operating documents (i.e., 

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

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

limitations below. 

4. Extent Of Relief Aerious Photography, Inc. Seeks And The Reason Aerious Photography, Inc. 

Seeks Relief From Section 91.121. 

Relief from Section 91.12 1, entitled Altimeter settings , may be required to allow flight 

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

equipment, and a radio communications telemetry data link to downlink altitude information from the UA 

to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), 

Aerious Photography, Inc. seeks the requested relief because the DJI Phantom 2 Vision+ UA's altimeter 

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

before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 

Vision+ UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically 

ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC 

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

5. Extent Of Relief Aerious Photography, Inc. Seeks And The Reason Aerious Photography, Inc. 

Seeks Relief From Section 91.151(b). 

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

12 
requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision+ UAS 

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

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

to fly after that for at least 4.5 minutes. Aerious Photography, Inc. seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 2 Vision+ UAS will severely constrain the practicality of any aerial video or still photo flight 

operations that Aerious Photography, Inc. proposes to conduct pursuant to this Petition. 

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

Vision+ UAS, the DJI Phantom 2 Vision+ operating documents, and Aerious Photography, Inc.'s 

proposed operating limitations, ensure that Aerious Photography, Inc. will safely operate the battery 

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

under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes 

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

minutes. 

6. Extent Of Relief Aerious Photography, Inc. Seeks And The Reason Aerious Photography, Inc. 

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, Aerious Photography, Inc: requests relief from these 

Sections because the DJI Phantom 2 Vision+ UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Aerious Photography, Inc. will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed in the UAS operating documents (i.e., the 

Aerious Photography, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision+ Instruction Manual). Furthermore, Aerious Photography, Inc. will document and 

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

D. The Reasons Why Granting AERIOUS PHOTOGRAPHY, INC. 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 Aerious Photography, 

Inc. to safely, efficiently, and economically perform aerial video and photography of, real estate, special 

events, film sets and landscape over certain areas of the United States. 

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

reduce pollution, and provide significant benefits to the economy. 

13 
Notably, the benefits of AERIOUS PHOTOGRAPHY, INC.'s proposed operation of the DJI Phantom 2 

Vision+ UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 2 Vision+ 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 Vision+ UAS would reduce the amount of manned aircraft in the 

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

the ground. 

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ and 

DJI Inspire 1 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 Vision+ 

UAS. 

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

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight operations. By using battery power and electric 

motors, the DJI Phantom 2 Vision+ UAS produce no air pollution, and is the most viable environmentally 

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

utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 Vision+ UAs, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than 

an internal combustion engine. 

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

life and property in the air and on the ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the aircraft, the DJI Phantom 2 Vision+ UAs (weighing approximately 2 

pounds 11 ounces respectively, at its maximum gross weight with lengths of 16 inches and 17.3 inches 

respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, compared to the 

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

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

14 
3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 

Vision+ UAS Will Benefit The Economy. 

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

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI 

Phantom 2 Vision+ UAS will allow United States based companies, like AERIOUS PHOTOGRAPHY, 

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

cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out 

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

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

technology that not only allows companies greater operational flexibility compared to manned aircraft, 

but provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision+ UAS, companies such as Aerious Photography, Inc., 

can remain competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ UAS, provides a 

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

allows companies to invest in research and development in order to remain competitive both in the United 

States and abroad. 

4. There Are No Privacy Issues. 

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

decades, Aerious Photography, Inc.'s proposed operation of the DJI Phantom 2 Vision+ UAS will not 

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

compliance with the conditions set forth in any exemption granted under this petition. 

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 AERIOUS PHOTOGRAPHY, INC. Seeks Exemption. 

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

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

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

unmanned aircraft and its operation, AERIOUS PHOTOGRAPHY, INC.'s operation of the DJI 

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

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

Section 333 provides authority for a UAS to operate without airworthiness certification 

15 
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 

• hazard to users of the national airspace system or the public or pose 

• 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, AERIOUS PHOTOGRAPHY, INC. submits that the DJI Phantom 2 Vision+ 

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

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ 

UAS; (b) the pilot certification requirement; and (c) the specific operating limitations 

16 
a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 

Demonstrate Its Safe Characteristics. 

The DJI Phantom 2 Vision+ UAS 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 Vision+ UAS. 

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

set forth by the DJI Phantom 2 Vision+ Specifications and Data Sheet, 

attached hereto as Exhibit A. 

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A Defined Operational 

Area. 

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

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

modes of the DJI Phantom 2 Vision+ UAS is provided in the DJI Phantom 2+ User Manual, attached 

hereto as Exhibit B. 

iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ UA will 

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

Vision+ UA does not reacquire control link data from the GCS, the 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 for the DJI Phantom 2 Vision+ UAS are set forth in the 

DJI Phantom 2 Vision+ User Manual, attached hereto as B. 

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

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

17 
GCS and flight control software is provided in the DJI Phantom 2 Vision+ User Manual. DJI Phantom 2 

Vision+ User Manual is attached hereto as Exhibit B. 

b. Flight Operations Of DdI Phantom 2 Vision+ UAS Are 

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

Observer. 

AERIOUS PHOTOGRAPHY, INC. will only utilize certificated pilots who possess a current and valid 

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

Vision+ UAS. Additionally, a safety observer will assist all pilots 

during flight time. 

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

Pursuant To Specific Operating Limitations. 

In seeking this exemption, AERIOUS PHOTOGRAPHY, INC. proposes to commercially operate DJI 

Phantom 2 Vision+ UAS 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 Vision+ 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 500 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made and 

approved by ATC. All altitudes reported to ATC must be in feet AGL. 

lm 
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 frst 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, 

19 
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 thirdclass 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 

ce 
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 deflned 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 predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

accordance with the operating documents. 

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

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

landing point and land the UA with 25% battery power remaining. 

21 
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 (NNumber) 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 

22 
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 deflned 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. 

AERIOUS PHOTOGRAPHY, INC. submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 

Vision+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

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

consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering AERIOUS PHOTOGRAPHY, INC.'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 DJI Phantom 2 Vision+ UAS, AERIOUS PHOTOGRAPHY, INC. submits that the 

23 
additional manned airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for AERIOUS PHOTOGRAPHY, INC.'s 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). 

AERIOUS PHOTOGRAPHY, INC. will not allow any PIC to operate the DJI Phantom 2 Vision+ 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

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

Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a 

UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 . 

days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in 

compliance with applicable regulations will ensure an equivalent level of safety during AERIOUS 

PHOTOGRAPHY, INC.' proposed operations. The Administrator has held that prior documented flight 

exper'ience 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 tota125 hours of 

24 
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 experiencebuilding flights the PIC is required to operate the UA with appropriate distances in accordance with 14 

C.F.R 91.119. 

Exemption No. 1113 8 at page 15. 

Accordingly, AERIOUS PHOTOGRAPHY, INC. will ensure safe operations by not allowing any PIC to 

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

a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

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 AERIOUS PHOTOGRAPHY, INC. will ensure that the DJI Phantom 2 Vision+ UAS is in an 

airworthy condition based upon the UAS's compliance with its operating documents and as stated in the 

conditions and limitations herein. 

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

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would 

Not Adversely Affect Safety. 

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

information of the DJI Phantom 2 Vision+ UAS will be provided to the PIC via GPS equipment and a 

25 
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 AERIOUS 

PHOTOGRAPHY, INC.' operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information 

will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UASs at ground level. 

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

all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision+ UAS; (2) the 

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

Accordingly, AERIOUS PHOTOGRAPHY, Inc. will ensure that it will safely operate the battery 

powered DJI Phantom 2 Vision+ UA during daylight hours in VFR conditions, with enough battery 

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

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+ UAS; the 

limitations on the proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured 

as the DJI Phantom 2 Vision+ UAS provide audible and visual warnings to the PIC at the GCS when the 

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

power, and again at approximately 10% remaining battery power. At the critically low battery level, the 

DJI Phantom Vision+ UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed 

in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously 

26 
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, AERIOUS PHOTOGRAPHY, INC. 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 AERIOUS 

PHOTOGRAPHY, INC. 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., the AERIOUS PHOTOGRAPHY, INC. Aerial Operations Manual, Monthly 

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

PHOTOGRAPHY, INC. will document and maintain all maintenance records for the DJI Phantom 2 

Vision+ UAS. 

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

AERIOUS PHOTOGRAPHY, INC. will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 2 Vision+User Manual is attached 

hereto as Exhibit B; a copy of the DJI Phantom 2 Vision+ Maintenance Manual is attached hereto as 

Exhibit C; a copy of the DJI Phantom 2 Vision+ UAS Maintenance LOG is attached hereto as Exhibit D. 

Likewise, the exemption sought will not adversely affect safety because AERIOUS PHOTOGRAPHY, 

Inc. will use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents. 

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

91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ UAS will be 

performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

27 
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 AERIOUS PHOTOGRAPHY, INC.'s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, AERIOUS PHOTOGRAPHY, 

INC. 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, AERIOUS PHOTOGRAPHY, INC. requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) &(b), 91.7 (a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), and 91.417(a) &(b). Such special conditions 

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

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

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation 

of the DJI Phantom 2 Vision+ UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features of the 

aircraft. Section 21.16, entitled Special Conditions, states the following: 

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

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 

m 
amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds 

necessary to establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

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

conditions for Leading Edge 's intended operation of the DJI Phantom 2 Vision+ UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) &(b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), and 91.417(a) &(b). 

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

The Rules From Which AERIOUS PHOTOGRAPHY, INC. Seeks Exemption: 

AERIOUS PHOTOGRAPHY, 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 AERIOUS PHOTOGRAPHY, INC. 

Seeks: 

This exemption will permitAERIOUSPHOTOGRAPHY, INC. to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

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

PHOTOGRAPHY, INC.'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, AERIOUS PHOTOGRAPHY, INC.'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 

wo 
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, AERIOUS PHOTOGRAPHY, INC. will 

operate the DJI 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. 

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CONCLUSION 

As set forth herein, AERIOUS PHOTOGRAPHY, INC. seeks an exemption pursuant to 14 C.F.R. 11.61 and 

section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation 

of the DJI Phantom 2 Vision+ UAS commercially, without an airworthiness certificate, for the limited 

purpose of conduction 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 interest of the public, by allowing 

AERIOUS PHOTOGRAPHY, INC. to safely efficiently, and economically operate the DJI Phantom 2 Vision+ 

UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulation and the FAA Modernization and 

Reform Act of 2012, Section 333, AERIOUS PHOTOGRAPHY, INC, respectfully requests that the 

Administrator grant this petition for an exemption from the requirements of 14C.F.R. Sections 61.113(a) 

&(b), 91.7(a), 91.121,91.151(b),91.405(a),91.405(a)(1),91.409(a)(1) &(a)(2), and 91.417(a) &(b), and 

permit AERIOUS PHOTOGRAPHY, INC. to operate the DJI Phantom 2 Vision+ UAS commercially for the 

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

Dated: August 4, 2015 

Respectfully Submitted, 

Aerious Ph ography, Inc. 

Fong Mao 

Aerious Photography, Inc. 

842 E. Valley Blvd. 

Alhambra, CA 91801 

626-497-9233 

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APPENDIX—A 

DJI PHANTOM 2 VISION+TECHNICAL SPECIFICATIONS 

AERIOUS PHOTOGRAPHY, INC. only utilizes safe and reliable UASs. DJI is an industry leader in small 

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

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

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

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

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

devices) 

1.1 D11 Phantom 2 Vision+ 

1.1.1 Aircraft 

1.1.1.1 Supported Battery — DJI 5200mAH LiPo Battery 

1.1.1.2 Weight (Battery & Propellers Included) — 21bs 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 - 2001/s 

1.1.1.5 Max Tilt Angel - 35 0 

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 

1.1.2.3 Controllable Range — Pitch: -90 0 - 00 

1.1.2.4 Maximum Angular Speed — Pitch: 901/s 

1.1.3 Camera 

1.1.3.1 Operating Temperature Range - 32 1 F - 104° F (0°C - 400C) 

1.1.3.2 Sensor Size — 1/2.3" 

1.1.3.3 Effective Pixels — 14M 

1.1.3.4 Resolution — 4384x3288 

1.1.3.5 HD Video Recording — 1080p30 & 720p 

1.1.3.6 Recording Field of View - 110 1/851 

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%aPER) - -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 

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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 PHANTOM 2 VISION+ Manufacturer's User Manual 

User manual can be found at: 

http://www.dji.com/product/phantom-2-vision/download 

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