April 19, 2015

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted without legal counsel or consulting services.

Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 

and 14 C.F.R. Part 11, I, Michael R. Foytho, seek an exemption from the Federal Aviation 

Regulations (FARs) 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 allow operation of a Small 

Unmanned Aircraft System (SUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.

Introduction and Interests of Petitioner:

The requested exemption would permit Michael R. Foytho to pursue commercial interests in 

providing services to clients using a small advanced SUAS in the following areas:

• Real Estate

• Marketing

• Surveying

• Special Events

The objective of Michael R Foytho is to provide the above clients with high quality imaging for a 

variety of commercial, public and residential uses.

Michael R. Foytho states that all SUAS flights will occur over private or controlled access 

property will do so with the property owner’s consent and knowledge and that only people who 

have consented or otherwise have agreed to be in the area where videography will take place.

Background (Small Unmanned Aircraft System):

SUAS are often seen as superior to helicopters as an aerial video gathering platform due to the 

smaller devices affordable equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety.

Michael R. Foytho is petitioning for an exemption to operate a DJI Phantom Vision Plus with a 

built-in stabilized HD camera and GPS safety features which limit its ability to limit the height it 

flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to 
exclude it from operations within designated Class B, C and D airspace including a no-fly zone 

feature. The DJI Phantom Vision Plus also has a failsafe function that is triggered in the event 

communication is lost between the SUAS and the main controller transmitter. At that time, the 

SUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can 

regain control of flight and land manually.

The DJI Phantom Vision Plus is a vertical takeoff and landing (VTOL) Small Unmanned Aircraft 

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

The DJI Phantom Vision Plus 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 and is equipped with four main rotors, driven by 

Lithium Polymer battery powered electric motors.

The DJI Phantom Vision Plus that will be operated by Michael R Foytho will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. 

Basis for Petition:

Petitioner, Michael R Foytho, 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 Vision Plus SUAS in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

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

unmanned aircraft and its operation, Michael R Foytho operation of DJI Phantom Vision Plus 

SUAS 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, Michael R Foytho 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.

Michael R Foytho submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Michael R Foytho will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the SUAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom Vision Plus Instruction Manual). Furthermore, Michael R Foytho will 

document and maintain all maintenance records for the DJI Phantom Vision Plus SUAS. 

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

and limitations: Pilot in command, is requested by Michael R Foytho to the extent necessary to 

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 
currency requirements, that the PIC is able to safely operate the DJI Phantom Vision Plus 

SUAS in a manner consistent with this exemption, including evasive and emergency maneuvers 

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

Michael R Foytho seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom Vision Plus SUAS does not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. As such, Michael R Foytho submits that he will ensure that 

the DJI Phantom Vision Plus SUAS is in an airworthy condition, prior to every flight, by 

determining that the SUAS is in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom Vision Plus Instruction Manual), and that the aircraft is in a 

condition for safe flight. 

Michael R Foytho also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom Vision Plus SUAS will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom Vision Plus SUAS 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 Michael R Foytho’s operation of the DJI Phantom 

Vision Plus SUAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, Michael R Foytho seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. Michael R Foytho submits that safety will 

not be affected by operation of the DJI Phantom Vision Plus SUAS 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, Michael R Foytho 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: 

Michael R Foytho

408 Fawn Ct

Longs, SC 29568

(203) 510-2840

mfoytho@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Michael R Foytho Seeks Exemption. 

1. Michael R Foytho Seeks Exemption From The Requirements Of Section 61.113(a) And 

(b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 
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 hat is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if - 

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

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No 

person may operate a civil aircraft unless it is in an airworthy condition. 

3. Petitioner Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating- 

(1) Below 18,000 feet MSL, to - 

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1) 

(i) of this section, the current reported altimeter setting of an appro priate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure. 

4. Petitioner Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 
intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes.

5. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft— 

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter. 

6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless - 

(1) It has been approved for return to service by a person authorized 

under § 43.7 of this chapter. 

7. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1)and 

91.409(a) (2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

8. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) and 

91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or
approved inspections, as appropriate, for each aircraft (including the airframe) 

and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include: 

(i)A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

involves recurring action, the time and date when the next action is 

required. 

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

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

propellers, and appliances. 

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

prescribed: 

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

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed. 

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

retained and transferred with the aircraft at the time the aircraft is sold. 
(3) A list of defects furnished to a registered owner or operator under § 

43.11 of this chapter shall be retained until the defects are repaired and 

the aircraft is approved for return to service. 

C. The Extent Of Relief And The Reason Petitioner Seeks The Relief. 

1. Extent Of Relief And The Reason Petitioner Seeks Relief From Section 61.113(a) and 

(b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or 

higher level certificate, as well as a current and valid airman medical certificate, and who has 

met certain flight-hour and currency requirements, to conduct the proposed SUAS 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, Michael R Foytho submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom Vision Plus SUAS 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate either the DJI Phantom Vision Plus SUAS 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, Michael R Foytho submits that all flights of the DJI Phantom Vision Plus SUAS, 

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

Michael R Foytho’s business; and (2) will not carry passengers or property for compensation or 

hire. 

2. Extent Of Relief And The Reason Petitioner 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 Michael R Foytho to determine that the DJI Phantom Vision Plus are in 

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

operating documents (i.e,. DJI Phantom Vision Plus Instruction Manual, Monthly Maintenance 

Log). 

Michael R Foytho seeks the requested relief because the DJI Phantom Vision Plus SUAS 

SUAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, Michael R Foytho will ensure that the DJI Phantom Vision Plus is in 

airworthy condition based upon its compliance with the operating documents (i.e. DJI Phantom 

Vision Plus Instruction Manual, Monthly Maintenance Log) prior to every flight, and further, 

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

limitations below. 
3. Extent Of Relief and The Reason Petitioner Seeks Relief From Section 91.121. 

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

of the DJI Phantom Vision Plus , 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 SUAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), Michael R Foytho seeks the requested relief because the DJI Phantom Vision Plus 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 Vision Plus is 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. 

4. Extent Of Relief and The Reason Petitioner Seeks Relief From Section 91.151(b). 

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

requested to the extent required to allow flights of the battery powered DJI Phantom Vision Plus 

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. 

Michael R Foytho seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom Vision Plus will severely 

constrain the practicality of any aerial video or still photo flight operations that Michael R Foytho 

proposes to conduct pursuant to this Petition. 

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

SUAS, the DJI Phantom Vision Plus operating documents, and Michael R Foytho proposed 

operating limitations, ensure that Michael R Foytho will safely operate the battery powered DJI 

Phantom Vision Plus 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 first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes. 

5. Extent Of Relief and The Reason Petitioner 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, Michael R Foytho requests relief from these Sections 

because the DJI Phantom Vision Plus does not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom Vision Plus meets the conditions of FMRA Section 333

for operation without an airworthiness certificate. Accordingly, Michael R Foytho will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the SUAS using 
the methods, techniques, and practices prescribed in the SUAS operating documents (i.e., DJI 

Phantom Vision Plus Instruction Manual, Monthly Maintenance Log). Furthermore,

Michael R Foytho will document and maintain all maintenance records for the DJI Phantom 

Vision Plus SUAS.

D. The Reasons Why Granting Michael R Foytho 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 Michael R Foytho to 

safely, efficiently, and economically perform aerial video and photography over certain areas of 

the United States, providing high quality imaging for a variety of commercial, public, and 

residential uses 

Additionally, use of the DJI Phantom Vision Plus SUAS will decrease congestion of the NAS, 

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

Michael R Foytho ‘s proposed operation of the DJI Phantom Vision Plus will be realized without 

implicating any privacy issues. 

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

The DJI Phantom Vision Plus SUAS is 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 Vision Plus 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 

Vision Plus SUAS does 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 Vision 

Plus SUAS .

Conducting aerial acquisitions with the DJI Phantom Vision Plus SUAS , 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 Vision Plus 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 8-20 gallons per hour of leaded aviation fuel. The DJI Phantom Vision 

Plus SUAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the SUAS is propelled by battery powered electric motors, rather than an internal 

combustion engine. 
By using the DJI Phantom Vision Plus SUAS 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 Vision Plus 

SUAS (weighing approximately 2 pounds 11 ounces respectively, at the maximum gross weights 

with length of 16 inches respectively, width of 16 inches , 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. 

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

Plus SUAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom Vision Plus SUAS is also an economical 

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

the DJI Phantom Vision Plus SUAS will allow United States based individuals, like Michael R 

Foytho, 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 SUAS, 

DJI Phantom Vision Plus , 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 Vision Plus SUAS, individuals such as Michael R Foytho, 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 Vision Plus, 

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, 

Michael R Foytho’s proposed operation of the DJI Phantom Vision Plus SUAS will not implicate 

any privacy issues. Specifically, the DJI Phantom Vision Plus will be operated only in 

compliance with operating documents (i.e., and DJI Phantom Vision Plus Instruction Manual, 

Monthly Maintenance Log) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119. 

E. 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 Michael R Foytho Seeks Exemption. 

1. Reasons Why the DJI Phantom Vision Plus SUAS 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, Michael R Foytho’s operation of the DJI Phantom Vision 

Plus SUAS 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 SUAS to operate without airworthiness certification and sets 

forth requirements for considering whether a SUAS will create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states 

the following, in part: 

(a) In General. - Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine

if certain unmanned aircraft systems may operate safely in the national airspace system 

before completion of the plan and rulemaking required by section 332 of this Act or the 

guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems. -

In making the determination under subsection (a), the Secretary shall determine, at a minimum - 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

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

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation 

of unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national 

airspace system. 

In seeking this exemption, Michael R Foytho submits that the DJI Phantom Vision Plus SUAS 

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

characteristics of the DJI Phantom Vision Plus ; (b) the pilot certification requirement; and (c) 

the specific operating limitations. 

a. The Specifications Of The DJI Phantom Vision Plus SUAS Demonstrate Its Safe 

Characteristics. 

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

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

capability. 

i. Technical Specifications Of The DJI Phantom Vision Plus SUAS. 
The technical specifications of the DJI Phantom Vision Plus SUAS are set forth by the DJI 

Phantom Vision Plus User Manuals, attached hereto as Appendix A .

ii. The DJI Phantom Vision Plus SUAS Autonomous Flight And Navigation Modes Enable 

The SUAS To Remain Within A Defined Operational Area.

The DJI Phantom Vision Plus SUAS may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 

Vision Plus SUAS is provided at pages 25-35 of the DJI Phantom Vision Plus User Manual, 

attached hereto as Appendix A .

iii. The DJI Phantom Vision Plus SUAS is 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 Vision Plus SUAS will remain stationary, in flight, 

for 3 seconds or more. If, after 3 seconds, the DJI Phantom Vision Plus SUAS do not reacquire 

control link data from the GCS, the SUAS will assume that the Control Link is lost and the SUAS 

will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom Vision Plus SUAS are set 

forth at pages 27 through 29 of the DJI Phantom Vision Plus User Manuals, attached hereto as 

Appendix A.

iv. The DJI Phantom Vision Plus GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom Vision Plus GCS 

and flight control software is provided at pages 32 through 43 of the DJI Phantom Vision Plus 

User Manual. DJI Phantom Vision Plus User Manuals are attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom Vision Plus SUAS Are Limited To The Line Of Sight 

of a Certificated Pilot in Command With A Safety Observer.

Michael R Foytho will be the only person to act as a pilot in command (PIC) of the DJI Phantom 

Vision Plus SUAS. Additionally, a safety observer will assist him during flight time. 

c. Flights Of DJI Phantom Vision Plus SUAS Will Be Conducted Pursuant To Specific 

Operating Limitations. 

In seeking this exemption, Michael R Foytho proposes to commercially operate DJI Phantom 

Vision Plus SUAS for the special purpose of conducting aerial video and photography over cer 

tain 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 as a rotorcraft SUAS weighing less

than 55 pounds maximum gross weight: DJI Phantom Vision Plus Unmanned Aircraft Systems. 

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

grant. 
2. SUAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography. 

3. The SUAS 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. 

5. The SUAS must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be 

able to communicate verbally at all times. Electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during SUAS 

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 SUAS 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 SUAS to ensure that it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the

SUAS, the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the SUAS 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 SUAS that has undergone maintenance or alterations that affect the SUAS 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 SUAS 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 SUAS to service. 

15. Each SUAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third- class 

medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the SUAS in a

manner consistent with how the SUAS 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. SUAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of 

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

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

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 
21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

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

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

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

accordance with the operating documents. 

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

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

and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of Exemption, 

(except when a ‘blanket’ 200-foot COA is issued under new FAA policy).

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 18 

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the SUAS any time the SUAS is operating. These documents 

must be made available to the Administrator or any law enforcement official upon request. 

29. The SUAS must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

30. The SUAS 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 

non participating persons remain under such protection. If a situation arises
where nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately and/or; 

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

controller of such vessels, vehicles or structures has granted permission and the PIC 

has made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with permission 

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

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

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA’s SUAS 

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. 

Michael R Foytho 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 Vision 

Plus SUAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

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

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

appropriate distances from people, vessels, vehicles and structures. 

Considering Michael R Foytho’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 Vision Plus SUAS SUAS, Michael R Foytho submits that the 

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

to the airmanship skills necessary for Michael R Foytho’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to SUAS, in 

circum stances 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). 

Michael R Foytho will not allow any PIC to operate the DJI Phantom Vision Plus SUAS unless 

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

SUAS training and currency requirements, that the PIC is able to safely operate the DJI 

Phantom Vision Plus SUAS 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 SUAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a SUAS pilot operating the same make and model of SUAS 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 Michael R Foytho’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the pur pose 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 SUAS rotor craft pilot 

including at least 10 hours logged as a SUAS pilot with a multi-rotor SUAS. Prior to operations 

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a SUAS pilot operating the same make and model of SUAS to be used for 

operations under the exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total

25 hours of SUAS rotorcraft time. In addition to the hour requirements, the PIC must accom 

plish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary to safely conduct the 

petitioner’s proposed operations. The FAA also finds that prior documented flight experience 

that was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in accordance 

with 14 C.F.R 91.119. Exemption No. 11138 at page 15. 

Accordingly, Michael R Foytho will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom Vision Plus SUAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

Vision Plus SUAS 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, Michael R Foytho will ensure that the DJI Phantom Vision Plus SUAS is in an 

airworthy condition based upon the SUAS’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 SUAS, in 

circum stances 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 Vision Plus SUAS will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UA to the 

GCS for active monitoring of the flight path and altitude. This altitude information, combined with 

Michael R Foytho’s operation of the DJI Phantom Vision Plus SUAS 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 SUAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to SUAS, 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 

Ad versely 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 Vision Plus 

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

flight operations. Accordingly, Michael R Foytho will ensure that it will safely operate the battery 

powered DJI Phantom Vision Plus SUAS 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 Vision Plus 

SUAS; 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 Vision Plus SUAS provide audible and 

visual warnings to the PIC at the GCS when the SUAS 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 SUAS will 

descend and land automatically at set home. 

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 SUAS are considered. Relief has been granted for manned aircraft to operate at less than 

the minimums pre scribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA 

has previously granted relief from Section 91.151 specific to SUAS, 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, Michael R Foytho submits that the equivalent level of safety with re 

gard 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 Michael 

R Foytho will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the SUAS using the methods, techniques, and practices prescribed in the 

operating documents (i.e., DJI Phantom Vision Plus Instruction Manual, Monthly Maintenance 

Log). Furthermore, Michael R Foytho will document and maintain all maintenance records for 

the DJI Phantom Vision Plus.

Since the DJI Phantom Vision Plus SUAS will be inspected as outlined by the

operating documents, Michael R Foytho will maintain the equivalent level of safety established 

by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom Vision Plus 

User Manual is attached hereto as Appendix A; a copy of the DJI Phantom Vision Plus SUAS 

Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because Michael R Foytho will 

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

SUAS 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 Vision 

Plus SUAS will be performed by trained technicians. Maintenance will be documented and main 

tained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected 

when the technical characteristics and operating limitations of the SUAS are considered. 

In consideration of Michael R Foytho’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom Vision Plus SUAS, Michael R Foytho 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 SUAS 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, Michael R Foytho requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom Vision Plus SUAS, 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 SUAS 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 

SUAS 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 SUAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the SUAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom Vision Plus SUAS, since the airworthiness regulations 

of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel 

or unusual design features of the aircraft. Section 21.16, entitled Special Conditions states the 

following: 

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

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

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

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom Vision Plus SUAS, since the airworthiness regu 

lations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the 

novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions,

states the following: 

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

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

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

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. 

See 14 C.F.R. § 21.16.

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

special conditions for Leading Edge’s intended operation of the DJI Phantom Vision Plus SUAS, 

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). 

25 

A Summary That Can Be Published in the Federal Register, stating:

The Rules From Which Michael R Foytho Seeks Exemption: 
Michael R Foytho 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 Michael R Foytho Seeks: 

This exemption will permit Michael R Foytho to commercially operate an Small Unmanned 

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

areas of the United States. 

Any Additional Information, Views, Or Arguments Available To Support Michael R 

Foytho’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 SUAS 

may operate safely in the NAS. As such, Michael R Foytho’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 SUAS 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 SUAS to operate without airworthiness certification.

As discussed in detail above, Michael R Foytho will operate the DJI Phantom Vision Plus SUAS 

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a 

threat to national security. 

CONCLUSION:

As set forth herein, Michael R Foytho 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 Vision Plus SUAS commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing Michael R Foytho to safely, efficiently, and 

economically operate the DJI Phantom Vision Plus SUAS commercially within the NAS. 

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

and Reform Act of 2012, Section 333, Michael R Foytho respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom Vision Plus SUAS 

commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

Dated: APRIL 19, 2015 

Respectfully submitted, 

Michael R Foytho
408 Fawn Ct

Longs, SC 29568

(203) 510-2840

mfoytho@gmail.com

Appendices:

A – DJI Phantom Vision Plus Manual:

B - Monthly Maintenance Log