1

May	10,	2015

Docket	Operations,	M-30

U.S. Department	of	Transportation (DOT)

1200	New	Jersey	Avenue,	SE

Room	W12-140,	West	Building	Ground	Floor

Washington,	D.C.	20590-0001

RE:	Petition	to	the	FAA	for	Section	333	Exemption

Dear	Sir or	Madam:

FP	AeroSolutions,	LLC	hereby	submits	to	the	Federal	Aviation	Administration,	

pursuant	to	the	FAA	Modernization	and	Reform	Act	of	2012,	an	exemption	for	

petition,	in	accordance	with	Section	333	of	the	Act.

This	letter	provides	requested	information	as	listed	in	the	FAA’s	“Public	Guidance	

for	Petitions	for	Exemptions	Filed	under	Section	333”.

FP	AeroSolutions,	LLC	Background:

FP	AeroSolutions,	LLC	is	comprised	of	professionals who	are	ATP	rated	and	have	

provided	aviation	solutions	for	15	years.	The	backgrounds	include experience	as	an	

Assistant	Chief	Flight	Instructor	for	the	largest	collegiate	flight	school	in	the	world	

and	Director	of	Safety	for	an FAA	designated	UAS	Test	Site.

Purpose	for	the	Exemption

FP	AeroSolutions,	LLC	requested	exemption	would	permit	FP	AeroSolutions,	LLC to	

operate	SUASs	under	controlled	conditions	in	airspace	that	is	(1)	limited	(2)	

predetermined	(3)	controlled	as	to	access,	and	(4)	would	provide	safety	

enhancements	to	the	already	safe	operations	of	those	aircraft	of	similar	size,	weight,	

speed,	and	operating	capability.	

FP	AeroSolutions,	LLC exemption	request	would	permit	its	commercial	operation	of	

SUAS	for	aerial	photography	and	videography	in	tightly	controlled	and	limited	

airspace.	Aerial	photography	and	videography	services	will	be	offered	to	

homeowners,	realtors,	builders,	contractors,	and/or	inspectors	for	use	in,	but	not	

limited	to,	real	estate	marketing	and	safer inspections	of	home	and	building	

exteriors.	All	operations	will	be	conducted	on	private	property	and	with	the	written	

and/or	oral	permission	of	the	property	owner(s).	Operations	will	always	be	

conducted	in	areas	that	are	clear	of	all	people,	except	the	pilot	in	command	(PIC)	

and	the Visual	Observer.	Such	operations	will	ensure	that	the	SUAS	will	not	create	a	

hazard	to	users	of	the	national	airspace	system	or	the	public. FP	AeroSolutions,	LLC

operation	will not	differ	significantly	from	the	situation	described	in	Grant	of	

Exemption	No.	11191 (Singler’s	Creations).
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Contact	Information

Nicholas	Flom

FP	AeroSolutions,	LLC

1560	49th Ave	S

Grand	Forks,	ND	58201

Mobile:	701-610-3434

Email:	nicholasflom@aol.com

List	of	Specific	Section	of	14	CFR	for	which	exemption	is	sought:

The	listing	matches	the	list	on	page	7	of	the	FAA’s	“Public	Guidance	for	Petitions	

Filed	Under	Section	333”,	Rev.	9/25/2014

14	CFR	21,	Subpart	H	– Airworthiness	Certificates

14	CFR	61.113	(a) and	(b),	Certification:	Pilots,	Flight	Instructors,	and	Ground	

Instructors

14	CFR	91.7(a),	Airworthiness	required	for	operation

14	CFR	91.105,	Flight	crewmembers	at	stations

14	CFR	91.119(c),	Minimum	safe	altitudes

14	CFR	91.121,	Altimeter	settings

14	CFR	91.151,	Fuel	requirements	for	flights	in	VFR	conditions

14	CFR	91.405	(a),	Maintenance	required

14	CFR	91.407	(a)(1),	Operations	after	maintenance

14	CFR	91.409	(a)(1) and	(2),	Inspections

14	CFR	91.417	(a)	and	(b)	,	Maintenance	records

Section	333	of	the	Reform	Act	grants	the	Secretary	authority	to	determine	(1)	if	an	

unmanned	aircraft	system,	as	a	result	of	its	size,	weight,	speed,	operational	

capability,	proximity	to	airports	and	populated	areas,	and	operation	within	visual	

line	of	sight	(VLOS)	does	not	create	a	hazard	to	users	of	the	NAS	or	the	public	or	

pose	a	threat	to	national	security,	and	(2)	whether	a	certificate	of	waiver,	certificate	

of	authorization,	or	airworthiness	certification	under	49	USC	44704	is	required	for	

the	operation	of	civil	(non- governmental)	UASs.	Therefore,	if	the	Secretary

determines	that	such	vehicles	may	operate	safely	in	the	national	airspace	system,	

the	Secretary	shall	establish	requirements	for	the	safe	operation	of	such	aircraft	in	

the	national	airspace	system.
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Operation	Overview	

FP	AeroSolutions,	LLC’s SUASs	are	quadcopters,	weighing	3	or	fewer	lbs.	(including	

payload).	The	SUASs	have	the	capability	to	hover	and	move	in	the	vertical	and

horizontal	planes	simultaneously.	They	will	operate	only	in	visual	line	of	slight	

(VLOS)	and	will	operate	only	in	tightly	controlled	and	limited	airspace.	They	are	

capable	of	operating	at	speeds	of	up	to	29	knots,	but	will	be	routinely	operated	at	

much	lower	speeds.	They	will	routinely	be	operated	below	200	feet	above	ground	

level	(AGL),	and	never	above 400	feet	AGL.	

Aircraft	

FP	AeroSolutions,	LLC operates	Phantom	2	Vision+ (Phantom)	SUASs	manufactured	

by	DJI,	a	well-known	leader	in	quadcopter	technology.	DJI	strives	to	bring	new	

perspectives	to	aerial	work	and	help	companies	accomplish	feats	safer,	faster,	and	

with	greater	efficiency.	They have	an	unparalleled	commitment	to	R&D,	a	culture	of	

constant	innovation,	and	a	focus	on	transforming	complex	technology	into	easy-touse	devices.	

The	standard	Phantom	quadcopter	package	includes	the	Phantom	itself,	camera,	

gimbal,	propulsion	system,	flight	control	system,	5.8	GHz	remote	controller,	and	2.4	

GHz	Wi-Fi	communication	system.	The	remote	uses	a	5.8	GHz	frequency	to	prevent	

interference	with	the	video/telemetry	channel.	This	second	channel	allows	for	a	

constant	connection	with	the	Phantom	to	monitor	it	via	a	smartphone	that	is	

attached	to	the	remote	controller.	

The	Phantom	is	about	1	foot	square	in	size.	It	has	a	maximum	ascent	speed	of	11	

knots,	a	maximum	descent	speed	of	3	knots,	and	a	maximum	flight	speed	of	29	

knots.	While	operating	within	VLOS,	the	remote	control	has	a	range	of	2,624	feet.	

The	total	weight	(including	the	payload)	is	2.55	lbs.	

The	Phantom	is	equipped	with	a	DJI	Naza-M	V2	flight	control	system.	This	provides	

for	incredible	ease	of	use	and	stability.	Pilots	can	control	the	Phantom’s	movements	

in	many	directions	– including	pitch	(forward	and	backward),	roll	(left	and	right),	

elevator	(up	and	down),	and	yaw	(turn	left	or	right).	The	flight	control	system	can	

also	provide	Intelligent	Orientation	Control	(IOC),	failsafe,	battery	level	warnings,	

and	show	the	aircraft’s	current	heading,	direction,	and	approximate	distance	from	

home	on	the	on-screen	radar.	The	built- in	GPS	system	aids	in	stabilizing	the	aircraft	

and	automatically	and	safely	returns	it	back	to	its	home	point	in	any	case	where	

communication	between	the	remote	control	and	quadcopter	are	lost.	

The	Inertial	Measurement	Unit	(IMU)	has a	built-in	inertial	sensor	and	a	barometric	

altimeter	that	measures	both	attitude	(ATTI)	and	altitude.	The	inertial	measurement	

tells	the	Phantom	how	it’s	tilted.	And	the	gyros	tell	it	if	it’s	rotating	in	any	particular	

direction.	

The	Phantom’s	compass	reads geomagnetic	information	and	assists the	Global	
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Positioning	System	(GPS)	to	accurately	calculate	the	position	and	height	of	the	

aircraft.	The	vertical	hover	accuracy	is	+/- 2.6	ft.	The	horizontal	hover	accuracy	is	

+/- 8.2	ft.	

The	Phantom	has	LED	flight	indicators	beneath	each	of	its	four	rotor	arms.	The	LEDs	

illuminate	to	indicate	the	status	of	the	flight	control	system	and	alert	the	PIC	of	any	

possible	issues.	

Such	highly	advanced	capabilities	will	ensure	that	the	SUASs	can	be	safely	operated	

and	“not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.”6	

Equivalent	Level	of	Safety	

In	an	effort	to	join	the	FAA	in	its	mission	to	provide	the	safest,	most	efficient	

aerospace	system	in	the	world	and	to	minimize	the	risk	to	the	NAS	or	to	persons	and	

property	on	the	ground,	FP	AeroSolutions,	LLC agrees	to	be	bound	by	the	following	

limitations	and	conditions	when	conducting	commercial	operations	under	an	FAA	

issued	exemption:	

A. For	the	purposes	of	ensuring	SUASs	will	be	operated	within	the standards	that	

the	FAA	has	allowed	in	the	AMA	National	Model	Aircraft	Safety	Code

(Attachment:	“AmaSafetyCode.pdf”	document.	):	

1. SUASs	will	not	be	flown:	

a. In	a	careless	or	reckless	manner.		

b. At	a	location	where	SUAS	activities	are	prohibited.		

2. SUAS	pilots	will:	

a. Yield	the	right	of	way	to	all	human-carrying	aircraft.		

b. See	and	avoid	all	aircraft	and	a	spotter	must	be	used	when	

appropriate.		

c. Not	fly	higher	than	400	feet	above	ground	level	or	within	three	

(3)	miles		of	an	airport	without	notifying	the	airport	operator.		

d. Not	interfere	with	operations	and	traffic	patterns	at	any	

airport,	heliport	or	seaplane	base	except	where	there	is	a	

mixed	use	agreement.		

e. Not	exceed	a	takeoff	weight	of	55	pounds	(including	payload).		

f. Ensure	the	aircraft	is	identified	by	affixing	the	owner’s	contact	
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information	to	the	outside	of	the	SUAS.		

g. Not	operate	SUASs	while	under	the	influence	of	alcohol	or	

while	using	any	drug	that	could	adversely	affect	the	PIC’s	

ability	to	safely	control	the	model.		

h. Not	operate	SUASs	carrying	pyrotechnic	devices	that	explode	

or	burn,	or	any	device	which	propels	a	projectile	or	drops	any	

object	that	creates	a	hazard	to	persons	or	property.		

3. SUASs	will	not	be	flown	unless:	

a. The	aircraft,	control	system	and	pilot	skills	have	successfully	

demonstrated	all	maneuvers	intended	or	anticipated	prior	to	

the	specific	event.		

b. An	inexperienced	pilot	is	assisted	by	an	experienced	pilot.		

4. All	pilots	shall	avoid	flying	directly	over	unprotected	people,	vessels,	

vehicles	or	structures	and	shall	avoid	endangerment	of	life	and	property	

of	others.	

5. A	successful	radio	equipment	ground-range	check	in	accordance	with	

manufacturer’s	recommendations	will	be	completed	before	the	first	flight	

of	a	new	or	repaired	model	aircraft.		

6. SUASs	must	use	the	radio-control	frequencies	currently	allowed	by	the	

Federal	Communications	Commission	(FCC).		

7. SUASs	will	not	knowingly	operate	within	three	(3)	miles	of	any	preexisting	flying	site	without	a	frequency-management	agreement.

8. Excluding	takeoff	and	landing,	no	SUASs	may	be	flown outdoors	closer	

than	25	feet	to	any	individual,	except	for	the	PIC	and	the	Visual	Observer	

(VO) located	at	the	takeoff	site.	

9. Under	no	circumstances	may	a	pilot	or	other	person	touch	a	SUAS	in	

flight	while	it	is	still	under	power,	except	to	divert	it	from striking	an	

individual.		

10. The	PIC	of	the	SUAS	shall:	

a. Maintain	control	during	the	entire	flight,	maintaining	visual	

contact	without	enhancement	other	than	by	corrective	lenses	

prescribed	for	the	pilot.		

b. Fly	using	the	assistance	of	a	camera	or	First-Person	View	(FPV)	

only	in	accordance	with	the	procedures	outlined	in	AMA	

Document	#550.		

c. Fly	using	the	assistance	of	autopilot	or	stabilization	system	

only	in	accordance	with	the	procedures	outlined	in	AMA	

Document	#560.		
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11. The	flying	area	must	be	clear	of	all	utility	wires	or	poles	and	an	SUAV	will	

not	be	flown	closer	than	50	feet	to	any	above-ground	electric	utility	lines.	

12. The	flying	area	must	be	clear	before	the	engine	is	started,	except	for	PIC	

and	the	VO.

B. In	addition	to	the	above	rules	outlined	by	the	AMA	National	Model	Aircraft	

Safety	Code	and	in	an	effort	to	enhance	the	safety	offered	by	the	already	safe	

operations	mentioned	above,	FP	AeroSolutions,	LLC also	agrees	to	be	bound	by	

the	following	limitations	and	conditions:	

1. Operations	authorized	by	this petition	for exemption	are	limited	to	the	

following	aircraft	described	in	the	operating	documents	which	is	the	DJI	

Phantom	2	Vision	+	Unmanned	Aircraft	System,	a	quad	rotor	aircraft	with	

a	maximum	takeoff	weight	of	less	than	6	pounds.	Proposed	operations	of	

any	other	aircraft	will	require	a	new	petition	or	a	petition	to	amend	this	

grant.		

2. UAS	operations	under	this	petition are	limited	to	aerial	photography	and	

videography	services	will	be	offered	to	homeowners,	realtors,	builders,	

contractors,	and/or	inspectors	for	use	in,	but	not	limited	to,	real	estate	

marketing	and	safer inspections of	home	and	building	exteriors.	

3. The	UA	will not	be	flown	at	an	indicated	airspeed	exceeding	29	knots	(15	

m/s).		

4. The	UA	will 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	will 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	FAAissued	airman	medical	certificate.		

6. All	operations	will utilize	a	VO.	The	VO	will be	used	to	satisfy	the	VLOS	

requirement	as	long	as	the	PIC	always	maintains	VLOS	capability.	The	VO	

and	PIC	will be	able	to	communicate	verbally	at	all	times.	Electronic	

messaging	or	texting	will not	be	permitted	during	flight	operations.	The	

PIC	will be	designated	before	the	flight	and	cannot	transfer	his	or	her	

designation	for the	duration	of	the	flight.		

7. The	VO	will 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	
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other	instruments.		

8. The	operating	documents	will be	accessible	during	UAS	operations	and	

made	available	to	the	Administrator	upon	request.	The operator	will

follow	the	procedures	as	outlined	in	its	operating	documents.	The	

operator	may update	or	revise	its	operating	documents.	It	is	the

responsibility	of FP	AeroSolutions,	LLC to	track	such	revisions	and	

present	updated	and	revised	documents	to	the	Administrator	upon	

request.	FP	AeroSolutions,	LLC will also	present	updated	and	revised	

documents	if	it	petitions	for	extension	or	amendment.	If	FP	

AeroSolutions,	LLC determines	that	any	update	or	revision	would	affect	

the	basis	upon	which	the	FAA	granted	this	exemption,	then	FP	

AeroSolutions,	LLC will petition	for	amendment	to	their	exemption.	The	

FAA’s	UAS	Integration Office	(AFS-80)	will be	contacted	if	questions	arise	

regarding	updates	or	revisions	to	the	operating	documents.		

9. 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	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	will

be	included	in	the	preflight	inspection.	All	maintenance	and	alterations	

will be	properly	documented	in	the	aircraft	records.		

10. 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	in	accordance	with	the	

operating	documents.	The	PIC	who	conducts	the	functional	test	flight	will

make	an	entry	in	the	UAS	aircraft	records	of	the	flight.	The	requirements	

and	procedures	for	a	functional	test	flight	and	aircraft	record	entry	will

be	added	to	the	operating	documents.		

11. The	preflight	inspection	section	in	the	operating	documents	will be	

amended	to	include	the	following	requirement:	The	preflight	inspection	

will account	for	all	discrepancies,	i.e.	inoperable components,	items,	or	

equipment,	not	covered	in	the	relevant	preflight	inspection	sections	of	

the	operating	documents.		

12. The	operator	will follow	the	manufacturer’s	UAS	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	

requirements,	with	particular	attention	to	flight	critical	components	that	

may	not	be	addressed	in	the	manufacturer’s	manuals.		

13. The	operator	will carry	out	their	maintenance,	inspections,	and	record	

keeping	requirements,	in	accordance	with	the	operating	documents.	
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Maintenance,	inspection,	and	alterations	will be	noted	in	the	aircraft	

logbook,	including	total	flight	hours,	description	of	work	accomplished,	

and	the	signature	of	the	authorized	UAS	technician	returning	the	UAS	to	

service.	

14. Each	UAS	operated	will comply	with	all	manufacturer	Safety		Bulletins.		

15. An authorized	person	will make	a	record	entry	in	the	aircraft	record	of	

the	corrective	action	taken	against	discrepancies	discovered	between	

inspections.		

16. Qualification	for	the	Pilot	in	Command

a. Certifications:	Operations	will	be	conducted	by	a	Pilot in	

Command	(PIC)	possessing	at	least	a	private	pilot	certificate	and	at	

least	a	third-class	medical	certificate.

b. Logged	Hours:	Prior	to	operations	the	PIC	will	have	accumulated	

and	logged	20	flights	or	log	20	hours	of	flight	time	(the	greater	of	

the	two)	with	the	Phantom.		

c. Currency:	The	PIC	will	have	accomplished,	during	dedicated	

training	sessions,	3	take-offs	and	landings	in	the	preceding	90	days	

(for	currency	purposes).

d. Flight	Training:	

i. Successfully	learn	and	demonstrate	all	flight	maneuvers	in	the

“Phantom	Pilot	Training	Guide”.	(Attachment:	

“PhantomTrainingGuide.pdf”	document).

ii. Study	and	be	familiar	with	all	sections	of	the	“Phantom	2	

Vision+	User	Manual”.	(Attachment:	“PhantomUserManual.pdf”	

document).

iii. Study	and	be	familiar	with	all	sections	of	the	“Guide	to	the	

Phantom	2	Vision	&	Vision+”.	(Attachment:	

“PhantomGuide.pdf”	document).

iv. Study,	be	familiar	with,	and	demonstrate	(where	possible)	the	

“Always	be	Prepared	for	the	Worst”	scenarios. (See	“Always	be	

prepared	for	the	Worst”	on	page	13	of	the	attached	“Guide	to	

the	Phantom	2	Vision	&	Vision+”).

e. Emergency	and	Evasive	Maneuvers:	The	PIC	will	have	

demonstrated	the	ability	to	safely	operate	the	Phantom	in	a	

manner	consistent	with	how	it	will	be	operated	in	for	actual	FP	

AeroSolutions,	LLC	operations,	including	evasive	and	emergency	
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maneuvers	and	maintaining	appropriate	distances	from	people,	

vessels,	vehicles	and	structures.	The	logged	hours	referenced

above	will	document	this.	

17. UAS	operations	will not	be	conducted	during	night,	as	defined	in	14	CFR §	

1.1.	All	operations	will be	conducted	under	visual	meteorological	

conditions	(VMC).	Flights	under	special	visual	flight	rules	(SVFR)	are	not	

authorized.		

18. The	UA	will 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.	The	letter	of	

agreement	with	the	airport	management	will be	made	available	to	the	

Administrator	upon	request.		

19. The	UA	will 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.		

20. If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UA	will return	

to	a	predetermined	location	within	the	private	or	controlled-access	

property	and	land	or	be	recovered	in	accordance	with	the	operating	

documents.		

21. The	PIC	will abort	the	flight	in	the	event	of	unpredicted	obstacles	or	

emergencies	in	accordance	with	the	operating	documents.		

22. 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	30%	

battery	power	remaining	in	accordance	with	the	operating	documents.		

23. The	operator	will obtain	an	Air	Traffic	Organization	(ATO)	issued	

Certificate	of	Waiver	or	Authorization	(COA)	prior	to	conducting	any	

operations	under	this	petition	for exemption.	

24. All	aircraft	operated	in	accordance	with	this	petition will be	identified	by	

serial	number,	registered	in	accordance	with	14	CFR	part	47,	and	have	

identification	(N- Number)	markings	in	accordance	with	14	CFR	part	45,	

Subpart	C.	Markings	will be	as	large	as	practicable.		

25. Before	conducting	operations,	the	radio	frequency	spectrum	used	for	

operation	and	control	of	the	UA	will comply	with	the	Federal	
10

Communications	Commission	(FCC)	or	other	appropriate	government	

oversight	agency	requirements.		

26. The	documents	required	under	14	CFR	§§	91.9	and	91.203	will be	

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

aircraft	is	operating.	These	documents	will be	made	available	to	the	

Administrator	or	any	law	enforcement	official	upon	request.		

27. The	UA	will remain	clear	and	yield	the	right	of	way	to	all	other	aviation	

operations	and	activities	at	all	times.		

28. The	UAS	will not	be	operated	by	the	PIC	from	any	moving	device	or	

vehicle.		

29. Flight	operations	will be	conducted	at	least	500	feet	from	all	

nonparticipating	persons	(persons	other than	the	PIC	or	VO),	vessels,	

vehicles,	and	structures	unless:	

a. Barriers	or	structures	are	present	that	sufficiently	protect	

nonparticipating	persons	from	debris	in	the	event	of	an	accident.	The	

operator	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	UA,	flight	operations	

will cease	immediately	and/or;		

b. The	aircraft	is	operated	near	vessels,	vehicles	or	structures	where	the	

land	owner/controller	has	granted	permission	and	the	PIC	has	made	a	

safety	assessment	of	the	risk	of	operating	closer	to	those	objects	and;		

c. Operations	near	the	PIC	or	VO	do	not	present	an	undue	hazard	to	the	

PIC	or	VO	per	§	91.119(a).		

30. All	operations	will be	conducted	over	private	or	controlled-access	

property	with	permission	from	the	property	owner/controller	or	

authorized	representative.	Permission	from	property	owner/controller	

or	authorized	representative	will	be	obtained	prior	to	the	beginning	of	

every	flight.		

31. Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	

vertical	boundaries	of	the	operational	area	as	defined	by	the	applicable	

COA	will 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.		
11

The	operation	of	SUASs,	weighing	less	than	3	lbs.,	conducted	in	the	strict	conditions	

as	outlined	above,	will	provide	an	equivalent	level	of	safety	supporting	the	grant	of	

exemptions	requested	herein,	including	exempting	the	applicant	from	the	

requirements	of	Part	21	and	allowing	commercial	operations.	

These	lightweight	aircraft	operate	at	slow	speeds,	close	to	the	ground,	and	in	a	

tightly	controlled	environment.	As	a	result,	they	offer	a	much	safer	way	to	capture	

aerial	photography	and	videography.	Furthermore,	the	proposed	operations	

represent	a	safety	enhancement	to	the	already	safe	operations	that	have	been	

granted	by	the FAA	for	the	establishment	of	the	AMA	National	Model	Aircraft	Safety	

Code.	

Preflight	Action	Plan	

The	PIC	will	follow	a	comprehensive	pre-flight	checklist	to	ensure	that	the	SUAS	is	in	

a	condition	for	safe	flight.	This	plan	will	be	improved	as	needed	in	order	to	ensure	

all	known	safety	precautions	and/or	safety	precautions	suggested	by	the	

manufacturer	are	being	accounted	for.	

A. Pre-flight	Inspection	

1. Check	that	the	remote	control,	Phantom	battery,	range	extender,	and	

smartphone	are	all	fully	charged.		

2. Verify	that	the	Phantom	battery	is	not	swollen	or	damaged	in	any	way.	

Clean	the	contact	needles	and	pads	if	necessary.		

3. Turn	the	motor	shafts	with	your fingers	and	verify	they	are	smooth	

without	excessive	play	or	binding.		

4. Verify	that	the	propellers	are	mounted	correctly.	Propellers	with	a	black	

top	should	be	mounted	on	the	mount	shafts	that	have	a	black	dot.	

Propellers	with	a	silver	top	should	be	mounted	on	the	mount	shafts	that	

have	a	silver	dot.	Each	propeller	should	spin	all	the	way	down	onto	the	

motor	shaft.		

5. Run	finger	along	the	edge	of	edge	blade	to	check	for	any	rough	edges.		

6. Flex	both	side	of	the	propellers’	blades	to	check	for	hairline	cracks where	

the	blades	connect	in	the	center	of	the	propeller.		

7. Verify	that	the	landing	gear	is	secure	(not	cracked/broken/loose).		

8. Verify	that	the	compass	and	compass	cable	is	firmly	attached	to	the	

landing	gear.		

9. Verify	that	the	Micro-SD	card	has	been	inserted	and	formatted.		

10. Verify	that	the	damping	absorbers	are	not	broken	and/or	worn.		

11. Verify	that	the	anti-drop	pins	are	in	place	and	locked.		

12. Remove	the	Gimbal	guard	and	camera	lens	cap.		

13. Verify	that	the	camera	is	secure	and	clean.	Inspect	the	camera	ribbon	

cables	for	tears	and/or	signs	of	wear.		

14. Verify	that	the	smartphone’s	GPS	is	enabled.		

15. Set	the	smartphone	to	do-not-disturb	mode	to	prevent	distractions	while	

flying.		
12

16. Set	the	smartphone	to	forget	any	Wi-Fi	networks	in	range	in	order	to	

prevent	the	Wi-Fi	connection	from	changing	mid-flight.	

17. Verify	that	the	smartphone’s	audio	is	on	to	ensure	the	low	battery	

warning	and	other	alarms	can	be	heard.	

B. Power	Up	

1. Verify	that	S1	and	S2	are	in	the	top	position	on	the	remote	control.		

2. Power	on	the	equipment	in	the	following	sequential	order:	

a. Range	Extender	(“System”	is	blinking	green;	“Power”	is	solid	

green)		

b. Remote	Control	(2	beeps	to	indicate	it’s	in	FCC	mode)		

c. Insert	and	start	the	Phantom	battery.		

3. Watch	the	Phantom	LED	startup	sequence	for	abnormal	indications.	The	

rear	LEDs	should	blink	green	for	at	least	10-15	seconds	to	indicate	that	it	

locked	onto	6+	satellites	and	has	marked	the	home	point	(for	use	by	the	

failsafe	feature).		

4. Calibrate	the	Phantom’s	compass.		

5. Place	the	Phantom	on	an	open,	flat	ground	with	the	battery	indicators	

facing	towards	the	PIC	at	least	10	feet	away.		

C. DJI	Vision	Application	

1. Connect	the	smartphone	Wi-Fi	to	the	range	extender.		

2. Launch	the	“DJI	Vision”	application	on	the	smartphone.		

a. Verify	that	the	Wi-Fi	connection	is	“Phantom-#####”	and	is	

marked	with	a	green	dot.		

b. Verify	the	number	of	satellites	is	6+.		

c. Verify	the	Wi-Fi	signal	strength.		

d. Verify	that	the	Phantom	and	range	extender	batteries	are	

reporting	a	full	charge.		

e. Verify	that	both	the	PIC’s	and	Phantom’s	location	is	the	same	

before	taking	off	to	ensure	the	home	point	has	been	accurately	

marked.		

f. Verify	the	location	of	the	Phantom	in	the	“Flight	Radar”.	If	it’s	

not	in	the	correct	position/direction	and/or	shows	a	distance	

of	“N/A”,	it	did	not	mark	the	home	point.		
13

g. Use	the	“Find	my	Phantom”	feature	to	ensure	the	blue	(home	

point	location)	and	red	(Phantom	location)	dots	are	in	the	

same	location	on	the	screen.		

D. Ready	to	Fly	

1. Verify	that	the	remote	control	antenna	is	perpendicular	to	the	ground	

(pointing	skyward).		

2. Verify	that	the	front,	flat	face	of	the	range	extender	is	pointed	toward	the	

Phantom.		

3. Verify	that	the	rear	LEDs	are	still	slowly	blinking	green	and	still	

connected	to	6+	satellites.		

4. Start	the	Phantom	motors	using	the	CSC	command	on	the	remote	control.	

5. Verify	that	the	motors	are	functioning	normally,	are	not	making	any	

unusual	noises,	and	are	all	spinning	at	the	same	speed.		

6. Verify	that	the	area	is	still	clear	of	obstructions,	people,	power	lines,	etc.	

7. Take	off	and	hover	at	about	6-8	feet	above	the	takeoff	point	to	verify	that	

the	Phantom	has	a	solid	GPS	lock.	If	any	abnormalities	are	noticed	

(drifting,	flying	in	circles,	etc.),	land	immediately	and	repeat	the	“Preflight	Inspection”	and	“Power	Up”	sequences.		

8. Verify	that	the	Phantom	holds	a	steady	position	while	yawing	360	

degrees.		

9. Verify	that	the	Phantom	response	appropriately	to	all	controls	– yaw	

left/right,	pitch	forward/backward,	roll	left/right,	and	throttle	up/down.		

Preventative	Maintenance

A	comprehensive	preventative	maintenance	plan	will	be	followed	in	order	to	ensure	

the	SUAS’s	software	is	up-to-date,	the	batteries	are	in	good	health,	and	the	aircraft	

itself	is	always	ready	for	safe	flight. (Attachment:	See	the	“Preventive	Maintenance	

Checklist”	on	page	41	of	the	attached	“PhantomGuide.pdf”	document).

Public	Interest	

Granting	this	exemption	would	benefit	the	public	as	a	whole.	SUASs	offer	a	strong	

equivalent	level	of	safety,	a	reduction	in	environmental	impacts,	and	are	free	from	

the	harmful	emissions	associated	with	the	manned	aircraft	that	are	currently	used	

for	aerial	photography	and	videography.	Due	to	the	size	of	the	SUAS	and	the	tightly	

controlled	and	limited	airspace	in	which	the	SUAS	will	operate,	approval	of	this	

application	presents	no	risk	to	the	public.	Furthermore,	the	public	will	be	able	to	

legally	acquire	aerial	photography	and	videography	to	help	in,	but	not	limited	to,	

advertising	homes	for	sale,	advertising	uninhabited	home	lots,	use	of	photos	and	

video	as	an	aid	when	researching	homes	for	sale	on	the	market,	or	safely	accessing	

high	and/or	awkward	areas	of	a	home’s	exterior	to	assess	damage	that	needs	to	be	

repaired.	
14

Privacy	

Since	the	areas	being	photographed	or	filmed	will	be	on	private	property,	accessed	

only	after given	written	and/or	oral	consent	by	the	property	owner(s),	and	clear	of	

all	people,	except	for	the	PIC	and	the	PIC's	helper(s),	approval	of	this	application	

presents	no	risk	to	the	public	privacy.	

National	Security	

Due	to	the	size	of	the	SUAS	and	the	tightly	controlled	and	limited	airspace	in	which	

the	SUAS	will	operate,	approval	of	this	application	presents	no	risk	to	national	

security.	

Requested	Exemptions	

FP	AeroSolutions,	LLC requests	exemption	from	the	following	regulations	since	it’s	

not	possible	to	fully	comply	with	them,	and	since	attempting	to	follow	them	for	the	

purposes	of	operating	a	SUAS	would	be	a	burden:	

Airworthiness	Certificates

14	CFR,	Subpart	H

Part	21	covers	certification	procedures	for	products	and	parts.	Subpart	H	

specifies	requirements	for	Airworthiness	Certificates	for	various	aircraft	

types.	Small	unmanned	aircraft	systems	are	not	specifically	called	out	and	

addressed	in	these	rules.		FP	AeroSolutions,	LLC will,	in	lieu	of	airworthiness	

certification	by	aforementioned	rule,	if	exemption	is	granted,	ensure	that	the	

Phantom	2	Vision+	system	is	in	compliance	with	its	operating	documents	as	

described	herein.	The	PIC	will	assure	that	all	Preflight	Checks	are	completed	

and	documented	and	thee	is	full	compliance	with	all	manufacturer’s

operation	and	maintenance	documents.		Due	to	consideration	of	the	size,	

weight,	speed,	and	limited	operating	area	associated	with	FP	AeroSolutions,	

LLC’s proposed	Phantom	2	Vision+,	we	believe	it	will	not	create	a	hazard	to	

users	of	the	National	Airspace	System	(NAS)	or	the	public.	Therefore,	a	

request	is	made	for	exemption	from	14	CFR	part	21,	and	any	associated	noise	

certification	and	testing	requirements	of	part	36.		

Private	pilot	privileges	and	limitations:	Pilot	in	command	

14	CFR	61.113	(a)

Under	current	regulations,	civil	operations	for	compensation	or	hire	require	

a	PIC	holding	a	commercial	pilot	certificate	per	14	CFR	Part	61.	Based	on	the	

Private	Pilot	limitations	in	accordance	with	pertinent	parts	of	14	CFR	

§61.113(a),	a	pilot	holding	a	Private Pilot	certificate	cannot	act	as	a	PIC	of	an	

aircraft	for	compensation	or	hire.	However,	in	Grant	of	Exemption	No.	11062	
15

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.	

FP	AeroSolutions,	LLC operation	will not	differ	significantly	from	the	

situation	described	in	Grant	of	Exemption	No.	11062	(Astraeus	Aerial).	FP	

AeroSolutions,	LLC plans	to	operate	over	private	property	with	controlled	

access	in	the	NAS.	With the	similar	nature	of	the	proposed	operating	

environment	to	that	of	Astraeus,	the	parallel	nature	of	Private	Pilot	

aeronautical	knowledge	requirements	to	those	of	commercial	requirements	

[ref:	Exemption	No.	11062],	and	the	airmanship	skills necessary	to	operate	

the	UAS,	FP	AeroSolutions,	LLC believes	that	the	additional	airmanship	

experience	of	a	commercially	certificated	pilot	would	not	correlate	to	the	

airmanship	skills	necessary	for	the	specific	proposed	operations.	Therefore,	

FP	AeroSolutions,	LLC PICs will	hold a	minimum	of	a	private	pilot	certificate	

and	a	third-class	airman	medical	certificate.

Airworthiness	required	for	operation

14	CFR	91.7(a)

If	the	exemption	from	14	CFR	21,	Subpart	H	(item	1	above)	is	granted,	no	

airworthiness	certificate	will	be	required.	On	this	basis,	exemption	from	14	

CFR	91.7	(a)	is	requested,	presuming	that	airworthy	condition	by	definition	

in	the	rule	means	having	an	airworthiness	certificate.	FP	AeroSolutions,	LLC

will,	in	lieu	of	airworthiness	certification	by	14	CFR	21,	ensure	that	the	

Phantom	2	Vision+	system	is	in	compliance	with	its	operating	documents	as	

described	herein.	The	PIC	will	assure	that	all	Preflight	Checks	are	completed	

and	documented	and	execute	full	compliance	with	all	manufacturer’s	

operation	and	maintenance	documents.		

Flight	crewmember	at	stations

14	CFR	91.105

This	part	requires	certain	actions	by	onboard	crewmembers.	Since	the	

Phantom	is	unmanned,	an	exemption	from	this	rule	is	requested.

Minimum	Safe	Altitudes

14	CFR	91.119(c)

This	regulation	requires	all	operation	to	remain	no	closer	than	500	feet	from	

persons,	vessels,	vehicles,	and	structures.	FP	AeroSolutions,	LLC requires

relief	from	§	91.119(c)	is	because	all	operations	will	be	conducted	below	400	

feet	AGL	and	may	be	operated	closer	than	500	feet	from	persons,	vessels,	
16

vehicles,	and	structures	as	described	above.	

Prior	to	conducting	UAS	specific	operations, all	persons	not	essential	to	flight	

operations	(nonparticipating	persons)	must	remain	at	appropriate	distances.	

In	open	areas,	the	UA	will remain	500	feet	from	all	persons	other	than	

essential	flight	personnel	(i.e.	the	PIC	and	VO).	If	barriers	or	structures	are	

present	that	can	sufficiently	protect	nonparticipating	persons	from	debris	in	

the	event	of	an	accident	then	the	UA	may	operate	closer	than	500	feet	to	

persons	afforded	such	protection.	FP	AeroSolutions,	LLC 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	UA,	flight	operations	must	cease	immediately.	The	primary	

concern,	when	considering	how	to	immediately	cease	operations,	is	the	

safety	of	those	nonparticipating	persons.	Operations	may	be	conducted	

closer	than	500	feet	to	vessels,	vehicles	and	structures	when	the	land	

owner/controller	grants	such	permission	and	the	PIC	makes	a	safety	

assessment	of	the	risk	of	operating	closer	to	those	objects.	

Altimeter	settings	

14	CFR	91.121	

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	

cruising	altitude	by	reference	to	an	altimeter	that	is	set	“...to	the	elevation	of	

the	departure	airport	or	an	appropriate	altimeter	setting	available	before	

departure.”	As	the	SUAS	may	not	have	a	barometric	altimeter,	but	instead	a	

GPS	altitude	read	out,	an	exemption	may	be	needed.	An	equivalent	level	of	

safety	will	be	achieved	by	the	operator	by	confirming	the	altitude	of	the	

launch	site	shown	on	the	GPS	altitude	indicator	before	flight.

Fuel	Requirements	for	Flight	in	VFR	Conditions	

14	CFR	91.151	(a)	

This	regulation	prohibits	an	individual	from	beginning	“a	flight	in	an	airplane	

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	– (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.”	

Similar	UAS-specific	relief	has	been	granted	an	Exemption	Nos.	8811,	10808,	

and	10673	for	daytime,	Visual	Flight	Rules	(VFR)	conditions.	FP	

AeroSolutions,	LLC UAS	provides	low	battery	warnings	at	30%	capacity	that	

indicate	the	PIC	must	command	the	UA’s	return	to	the	launch	point	when	low	

battery	capacity	voltage	is	reached.	The	UAS	also	provides	critical	low	

battery	warnings	at	15%	battery	capacity	indicating	that	the	UA	will	begin	to	

descend	and	land	automatically.	These	factors	provide	an	equivalent	level	of	
17

safety	by	prohibiting	the	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	30%	

battery	power	remaining.	

Maintenance	Inspections	

14	CFR	91.405	(a);	14	CFR	91.407	(a)(1);	14	CFR	91.409	(a)(1) and	(2); 14	

CFR	91.417	(a)	and	(b)	

These	regulations	require	that	an	aircraft	operator	or	owner	“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...,”	and	

others	shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43.	

Given	that	these	sections	and	Part	43	apply	only	to	aircraft	with	an

airworthiness	certificate,	these	sections	will	not	apply.	Maintenance	will	be	

accomplished	by	the	operator	pursuant	to	the	aforementioned	Phantom	user	

manual	and	guide.	An	equivalent	level	of	safety	will	be	achieved	because	

these	small	SUASs	are	very	limited	in	size,	will	carry	a	small	payload,	and	

operate	only	in	restricted	areas	for	limited	periods	of	time.	If	mechanical	

issues	arise,	the	SUAS	can	land	immediately	and	will	be	operating	from	no	

higher	than	400	feet	AGL.	As	outlined	in	the	aforementioned	Pre-flight	Action	

Plan,	the	operator	will	ensure	that	the	SUAS	is	in	working	order	prior	to	

initiating	flight	and	perform	maintenance	as	required.	Moreover,	the	

operator	is	the	person	most	familiar	with	the	aircraft	and	best	suited	to	

maintain	the	aircraft	in	an	airworthy	condition	to	provide	the	equivalent	

level	of	safety.	

In	accordance	with	14	CFR	Part	11,	the	following	summary	is	provided	for	

publication	in	the	Federal	Register:	

The	applicant	seeks	an	exemption	from	the	following	rules:	14	CFR	Part	21,	Subpart	

H;	14	CFR	61.113	(a);	14	CFR	91.7(a);	14	CFR	91.105;	14	CFR	91.119(a);	14	CFR	

91.121;	14	CFR	91.151; 14	CFR	91.405	(a);	14	CFR	91.407	(a)(1);	14	CFR	91.409	

(a)(1)	and	(2);	14	CFR	91.417	(a)	and	(b)	to	commercially	operate	small	unmanned	

aircraft	systems	(55	lbs.	or	less)	in	order	to	safely	and	legally	capture	aerial	

photography	and	videography	for	use	by	homeowners,	realtors,	builders,	

contractors,	and/or	inspectors.	

The	operation	of	SUASs	conducted	in	the	strict	conditions	outlined	above,	will	

provide	an	equivalent	and/or	greater	level	of	safety	supporting	the	grant	of	the	

exemptions	requested	herein,	including	exempting	the	applicant	from	the	

requirements	of	Part	21	and	allowing	commercial	operations.	These	lightweight	

aircraft	operate	at	slow	speeds,	close	to	the	ground,	and	in	a	sterile	environment,	

and	as	a	result,	are	far	safer	than	existing	operations	conducted	with	helicopters	
18

operating	in	close	proximity	to	the	ground,	people,	or	other	buildings	in	the	vicinity.	

Given	the	small	size	of	the	SUASs	involved,	the	slow	speed	at	which	they	must	be	

operated	in	order	to	capture	photos	and	videos,	and	the	restricted	environment	

within	which	they	will	operate,	the	Phantom	demonstrates	that	it	can	be	operated	

within	an	equivalent	level	of	safety	in	which	Congress	envisioned	that	the	FAA	must,	

by	exemption,	allow	commercial	operations	of	SUASs	to	commence	immediately.	

Also,	due	to	the	size	of	the	SUASs	and	the	restricted	areas	in	which	the	relevant	

SUASs	will	operate,	approval	of	this	application	presents	no	threat	to	national	

security.	Given	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority	

contained	in	the	Federal	Aviation	Act,	the	strong	equivalent	level	of	safety	

surrounding	the	proposed	operations,	the	significant	public	benefit	– including	

enhanced	safety,	reduction	in	environmental	impacts,	no	emissions,	ability	to	legally	

obtain	aerial	photography	and	videography	services	– the	grant	of	the	requested	

exemptions	is	in	the	public	interest.	Accordingly,	FP	AeroSolutions,	LLC respectfully	

requests	that	the	FAA	grant	the	requested	exemption	without	delay.	

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	– size,	weight,	

speed,	operating	capability,	proximity	to	airports	and	populated	areas,	operation	

within	the	visual	line	of	sight,	public	safety,	and	national	security	– provide	more	

than	adequate	justification	to	grant	FP	AeroSolutions,	LLC the	requested	exemption,	

allowing	for	commercial	operations	as	described	herewith.	
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Summary	for	Publication	in	Federal	Register

Petition	for	Exemption

Docket	No.:	FAA-2015-xxxx

Petitioner:	FP	AeroSolutions,	LLC

Sections	of	14	CFR	

Description	of	Relief	Sought:	The	petitioner	is	seeking	an	exemption	to	utilize	

an	unmanned	aircraft	system	(UAS)	to	accomplish	aerial	photography and	

videography	services	to	homeowners,	realtors,	builders,	contractors,	and/or	

inspectors	for	use	in,	but	not	limited	to,	real	estate	marketing	and	safer	

inspections	of	home	and	building	exteriors.

Sincerely,	

/s/	Nicholas	Flom

____________________________________

Nicholas	Flom Managing	Partner,	FP	AeroSolutions,	LLC

Enclosures	(4)