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June 15, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Drone Academy, USA for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

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

C.F.R. Part 11, Drone Academy, USA hereby applies for an exemption from the Federal Aviation 

Regulations identified below to allow for the commercial operation of the DJI PHANTOM 2 & 3, 

manufactured by DJI Innovations (“the PHANTOM”).

 I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Drone Academy, USA requests exemption from the following regulations:

 • 14 C.F.R Part 21, Subpart H;

 • 14 C.F.R Part 27;

 • 14 C.F.R § 45.23(b); 

 • 14 C.F.R. § 45.27(a);

 • 14 C.F.R § 61.113;

 • 14 C.F.R § 91.7(a);

 • 14 C.F.R § 91.9(b)(2);

 • 14 C.F.R § 91.9(c);

 • 14 C.F.R § 91.103;

 • 14 C.F.R § 91.109(a);

 • 14 C.F.R § 91.119;

 • 14 C.F.R § 91.121;

 • 14 C.F.R § 91.151(a) & (b)

 • 14 C.F.R § 91.203 (a) & (b);

 • 14 C.F.R § 91.405(a);

 • 14 C.F.R § 91.407(a)(l);

 • 14 C.F.R § 91.409(a)(2);

 • 14 C.F.R § 91.417 (a) & (b).
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This petition incorporates the material contained in the DJI PHANTOM User Manual and the V2 Flight 

Control System User Manual, (together, the “Manuals”). 

 II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has 

directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the 

national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

operation of an unmanned aircraft system where it does not create a hazard to users of the national 

airspace system (NAS) or the public or pose a threat to national security based on the following 

considerations:

 • The size, weight, speed and operational capability;

 • Operation in proximity to airports and populated areas; and

 • Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq. A 

party requesting an exemption must explain the reasons why the exemption: (1) would benefit the 

public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at 

least equal to the existing rules. 14 C.F.R. § 11.81.

 III. DESCRIPTION OF DRONE ACADEMY, USA AND ITS SERVICES

Drone Academy, USA is a public entity that provides training for unmanned aerial vehicles to 

recreational and professional operators. Founded by Keith Bruno, a certified pilot since 2000, Drone 

Academy USAs’ main priority is to promote safety in the national airspace. Our courses will train 

participants about how to obey the FAA regulations, how to fully understand how to fly a drone, the 

flight principals that govern drone flight, understand common drone systems, and how to be sure that 

all safety standards are being met. Drone Academy, USA will also show participants how to ensure safe 

use while mitigating risk to persons and property during this training. Drone Academy, USA training 

courses will focus on training of the DJI product lines with particular focus on the DJI Phantom 2 & 3. 

Drone Academy, USAs’ main priority to make sure that new pilots are being safe and understand the 

FAA laws and safety standards. Our training courses are affordable for new pilots and speak to all safety 

issues necessary. We need the 333 Exemption so that we can educate drone pilots on how to be safe. 
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Students admitted into our program will be required to meet the same standards as a student pilot 

seeking an FAA Recreational or Sport pilot certificate. In addition, all applicants will have a security 

screening processed by the Transportation Security Administration (TSA). We also require our students 

to members of the Academy of Model Aeronautics (AMA). We will abide by or teach any FAA rules and 

can add to the content of our classes as the FAA makes amendments. 

Drone Academy, USAs’ curriculum is based on 4 day learning system, and segregated into 2 levels. 

Students are expected to take a Level I (Beginner Course) 2 day course before ever flying their drone. In 

this class they will learn the FAA rules and basics of flying a drone with a computer simulator program 

(RealFlight 7.5 Simulators). On day 3 of training the students will then be ready for hands on training at 

our outside training facility, where they will be able to put their skills to the test. On day 4, the last day 

of training, they will be required to take both a Knowledge Test and Flight Test. If they complete all 

areas of the course satisfactorily and obtain a 70% passing grade on the 2 required tests, they will 

receive a certification of completion from the Drone Academy. They are then expected to abide by all 

guidelines set forth in our training or risk losing their Drone Academy Pilot Certification. During Level II 

(Advanced Course) to learn more about setting different applications with the drone, including but not 

limited to: Ground station application, Waypoint flying, Extending range, Beyond Line-of-sight flying, 

Video technology (HDMI vs 4K), Basic camera operation, and FPV Flying. This will also be a 4 day 

learning course followed by a knowledge and flight test to complete successfully.

Instruction of these classes will be led by Keith Bruno (CFI), his qualifications are listed below. 

Holds the following certificates 

x USUA Ultralight Pilot

x FAA Private Pilot (Airplane Single Engine Land) with Tailwheel endorsement

x FAA Commercial Pilot (Rotorcraft Helicopter)

x FAA Instrument Rating (Rotorcraft Helicopter)

x FAA Certified Flight Instructor (Rotorcraft Helicopter)

x FAA SFAR 73 endorsement for Robinson R22 and R44

x FAA Second-class Medical Certificate

Other flying related info

x Have over 2,220 hours PIC (Pilot in Command) time

x Attended Robinson Factory Safety course (2005, 2007, 2014)

x Have several hundred hours of safe flight instructing time (approx. 900 hours)

x Currently flies as a tour pilot and ENG (electronic news gathering) pilot
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Teaching Background

x Teaching adults in a classroom situation since 1993.

x Holds Microsoft (since 1996) and Novell (since 1994) Instructor certifications

x Have been employed by various colleges (Stetson University, Herzing University (IADT) to teach 

technology-based classes since 2000

x Participated in the development of several test prep books

x Created technology training courses.

Our goal is to set a high standard for every drone pilot to have the highest level of knowledge, training, 

and respect for the airspace. 

The contact information for the petitioner, Drone Academy, USA, is as follows:

Keith Bruno

Drone Academy, USA

P.O. Box 1284 

Gotha, FL 34734

(407) 906-UAVS (8287) 

info@droneacademyusa.com

IIII. DESCRIPTION OF PROPOSED OPERATIONS

Drone Academy, USA is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to perform new user UAV training to persons or organizations 

that employ the PHANTOM series of quadcopters. Drone Academy training sessions are provided to 

ensure (i) public and worker safety; (ii) safe, new methods to effectively employ PHANTOM 

quadcopters; and (iii) ensure operators employing PHANTOM quadcopters are fully aware of all FAA 

governing regulations. The exemption will enhance safety by reducing risk to the operator, the general 

public and property owners from the substantial hazards associated with new Phantom pilots.

After months of research we were dismayed to find a true lack of comprehensive knowledge regarding 

UAVs. Drone Academy, USA will use the latest information to update any and all FAA regulations.

Drone Academy, USA recognizes the enormous potential of UAV's but understands the need for 

responsibility on the part of the operators that will fly the UAV's to ensure the safety of the National 
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Airspace (NAS) with respect to manned aircraft. Drone Academy, USA will assist the new UAV pilots by 

educating them on this new technology. Drone Academy, USA is seeking this exemption to ensure that 

the recreational and professional operator will have a reasonable outlet for obtaining training on a 

PHANTOM.

Drone Academy, USAs’ is dedicated to providing the most comprehensive thorough UAV pilot training 

program by using our knowledge and experience along with our passion for flight and created a 

complete training package to train the next generation of UAV pilots. 

Drone Academy, USAs’ classes are taught in a step-by-step progression where the user has indoor 

training followed by outdoor flight training. Understanding and proficiency is determined by knowledge 

and flight testing.

Instruction includes the following:

• FAA regulations.

• Limitations and restrictions of where and when users can fly.

• Liability of flying irresponsibly.

• Pre, during, and post flight check lists.

• Details user types to include commercial, public, and recreational.

• Provides information on no fly zones and how to identify them.

• Review of knowbeforeyoufly.com.

The training sessions will take place in at the RCACF training facility in Apopka, Fl. This site is an AMA 

approved and is 50 acres in size and is designed to accommodate UAV training. The training site is 

located in remote place free of any persons or property. Training is conducted at 400’ AGL or below. 

Level 1 training limits the UAV's height to 200 feet. Level 2 training limits flight heights to 400 feet. The 

remote site will allow focus on UAV flight training and allows a pilot control of the aircraft and practice 

agility. The satellite image of this site is included below, as well as ground level photograph. See Figure 

1.
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Figure 1 –Training Site Locations
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A. The PHANTOM

Drone Academy, USA will operate the DJI PHANTOM 2 & 3. The PHANTOM is a battery operated 

quadcopter with a maximum flight time of 25 minutes. The vehicle PHANTOM 2 weighs approximately 

2.2 pounds with a maximum takeoff weight of approximately 2.87 pounds. It has fixed landing gear, 

vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree 

of view from the camera. Although the vehicle’s ground speed has a maximum of 33 mph, it will be 

operated between 2 and 5 miles per hour, and it will operate at or below 200 feet AGL. The PHANTOM 

3 weighs approximately 2.8 pounds with a maximum speed of 35.7 mph but will not be operated more 

than 5-10 miles per hour and it will operate at or below 400’ AGL.

The PHANTOM 2 & 3 manufacturer’s manuals are attached as separate documents to this request.

The UAV/UAS/UA's in which Drone Academy, USA, Petitioner, will be operating is the DJI Phantom 2 and 

Phantom 3, referred hereafter as Phantoms. The inherent safety features, sophistication, 

programmability, GPS navigation, return home capability, airport vicinity no-fly feature and restricted 

altitude feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the 

camera make this a much safer UAV for the purposes of this petition. This is a hobby grade radio 

controlled UAV that has the capacity for software upgrades. It is light, less than 3 pounds including 
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battery and camera. Incorporated into the programming of the Phantoms is an automatic return home 

feature that automatically directs the craft back to point of take-off should communication with the 

transmitter be lost. The Phantoms have a cruising speed of 15 knots, with a maximum speed of 30 knots. 

Maximum flight time is 23-25 minutes. Gross weight is 2.2-2.8 pounds.

The Phantoms have an additional communication link between the camera and craft on a different (rf) 

for a smart phone connection. Allowing the operator or Pilot in Command (PIC) to monitor battery level, 

altitude (AGL), distance from PIC, camera imagery, and control camera angle.

The software for the Phantoms allows the operator or PIC to set maximum altitude AGL for each flight, 

allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as an examples. 

The 400 foot maximum AGL can be programmed into the UAV's software pre-flight to insure compliance 

with FAA standards. Adding to the safety capabilities of this UAV. This UAV is programmed to remain in 

position when controls are released. Maintaining altitude and GPS location.

The Phantoms have an altitude and radio monitoring function that allows the operator more precise 

determination of height, direction of flight and distance from the operator or PIC. The operator or PIC 

can monitor the GPS lock status while the UAV is in flight, with the ability to anticipate loss of GPS signal

so the operator or PIC can land the UAV as a precaution.

The DJI Phantom 3 uses a unique Beginner Mode which helps an operator to learn how to fly in a safe, 

limited area. The Phantom 3 can be set to fly only within a given distance and altitude from the 

operator, protecting the Phantom and making it automatically stay inside the desired limits.

This invisible, GPS-enabled “geofence” prevents the operator from accidentally flying into unwanted 

areas or obstacles, and helps the operator enjoy flying while learning at the same time which also lets it 

serves as the best option to protect the Public and NAS for the purposes of this petition.

B. Similarities, Distinctions and Differences

Though the petition of Astraeus Aerial (FAA-2014-0352), referred hereafter as the Astraeus Petition and 

or Petitioner Astraeus, has many similarities to that of Drone Academy, USA, there are also many 

distinct and substantial differences. Like the Astraeus Petition, Drone Academy, USA is for UAV 

operation without pilot, passengers nor property on board. Considering that the Phantoms UAV are 

sophisticated hobby grade quad-copters with gross weight less than 3 pounds Petitioner Drone 

Academy, USA requests waiver or exemption for a private pilot certificate. Aerial basic training 

operations for this petition provide service for those that are new to the remote control model aircraft 

genre.

Drone Academy, USA are using's UAV that have the capability for taking off and landing at a single point, 
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identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be 

flown to areas being aerial video recorded or photographed. Allowing a reduced and more confined area 

of flight.

The Astraeus Petition is for movie sets involving a significant number of people, non-aerial equipment, 

moving or action sequences, and a potentially broad geographical area where individuals and 

equipment may be in motion. Requiring extensive observation, awareness, coordination and safety 

precautions. The Drone Academy, USA petition is for the basic training of new Phantom owners that are 

confined to a designated flight area and restricted to a defined training area and training altitude. The 

stationary setting of objects poses a significantly lower risks for safety, allowing the operator or Pilot in 

Command (PIC) to focus primarily on the student and the aircraft. With the movie action scenes, 

numerous takes may require repeated flights, whereas a stationary object would in most cases require a 

single flight.

DJI Innovations continues to improve its products to ensure safe flying, especially near airports. Their 

website has a page with links that promote this safety and gives an operator a multitude of information, 

http://flysafe.dji.com/. 

During training signs will be posted cautioning anyone within the vicinity to remain back a minimum of 

100 feet. We will also have Ground Safety Officers to assist and warn/advise the PIC when the UAV will 

be utilized in situations where spectators may be within 100 feet of the flight area. 

The UAV's utilized in this petition are hobby grade quad-copter that does not require an airman 

certificate for non-commercial flight involving less restrictive less regulated flight. Petitioner requests 

waiver or exemption from an airman certificate for the students who will be training with these UAV's 

since they are sophisticated hobby grade UAV's weighing less than three pounds being flown in a 

defined and marked area. Petitioner is an AMA member, and each student will be required to be an 

AMA member as well before flight training. UAV flight competency can be verified/obtained through 

AMA standards and procedures. 

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV's utilized in this petition are 

not complicated. Engineering and design allows layman maintenance. Recording part replacement for 

this UAV may prove redundant due to the simplicity of the craft. Therefore Petitioner requests waiver or 

exemption for maintenance records. However, pre-flight inspection for cracks, damage or other physical 

conditions that could hamper safe flight is a reasonable expectation. As well as post flight inspection 

that may aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 

Thorough inspection of UAV shall be conducted and flight response tested should a hard landing or 

crash occur insuring that the UAV can operate in a safe manner before conducting any further training. 

Like the Astraeus Petition Petitioner Drone Academy, USA requests waiver or exemption for markings 

due to the small size of the fuselage for the Phantom 2 & 3. 

Petitioner Drone Academy, USA requests modification, waiver or exemption and clarification (within 
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reason) concerning section 91.119 prohibition of flight in congested areas. Petitioner Drone Academy, 

USA requests waiver for this condition to allow reasonable and responsible flight training in congested 

areas of subdivisions and neighborhoods. 

In compliance with Section 90.151 (a) the Phantom is a battery operated UAV/UAS with battery level 

monitoring capability. Fully charged battery flight time is rated at 23-25 minutes, with videos/photos 

taking much less time to record. Operator or PIC is warned when battery level is low. 

Petitioner Drone Academy, USA requests waiver/exemption from Section 91.203 (a) since the Phantom 

is a hobby grade UAV/UAS that should not require an airworthiness certificate nor a registration 

certificate. Posting of special flight authorization would not be possible since the Phantom has no cabin 

and is not large enough to carry a certificate. However, a special flight authorization can be maintained 

by the operator to make available upon request.

C. Drone Academy, USA Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

Drone Academy, USA proposes to operate only on the listed Site and within the limitations and 

performance specifications listed in the Manuals, which are summarized below. These limitations 

provide for at least an equivalent, or higher, level of safety for operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the protocols.

The proposed operations do not create any hazard to users of the national airspace system or pose a 

threat to national security. The aircraft is a battery operated quadcopter with a maximum flight time of 

23-25 minutes. The vehicles weighs approximately 2.2-2.8 pounds. It has vibration dampers and small 

frame air incline. The vehicle’s ground speed has a maximum of 33-35.7 mph but it will be operated 

between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

PHANTOM carries no fuel, and therefore the risk of fire following an incident or accident due to fuel 

spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated by the 

petitioner reduces the risk to participating persons in close proximity to the aircraft due to the limited 

size, weight, operating conditions, and design safety features of the PHANTOM.

Drone Academy, USA training operations will be in remote areas at least 5 miles from any airport and 

away from population centers, as demonstrated by Figure 1 (Training Site). The PHANTOM will be 

operated only on the site, which listed above.

The FAA has determined that the risk of not having an electronic means to monitor and communicate 
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with other aircraft, such as transponders or sense and avoid technology, is mitigated by placing limits on 

altitude, requiring stand-off distance from clouds, permitting daytime operations only, and requiring 

that the aircraft be operated within visual line of sight and yield right of way to all other manned 

operations. Additionally, the operator will request a NOTAM prior to operations to alert other users of 

the NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight failures. 

The aircraft is also able to respond to a lost-link event with a pre-coordinated, predictable, automated 

flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which they will operate, the procedures 

listed below, and pilot certification requirements, Drone Academy, USA proposed operations using the 

PHANTOM would “not create a hazard to users of the national airspace system or the public or pose a 

threat to national security.” Reform Act Section 333(b)(1).

1. The aircraft is approximately 2.2-2.8 pounds.

2. The aircraft will be identified by serial number, registered with the FAA, and have identification (NNumber) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by 

PIC.

5. Maximum flight time for each operational flight will be 15 minutes.

6. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) 

five minutes of flight time remaining.

7. The aircraft will be operated during daylight and in VFR conditions.

8. Flights will not exceed 400 feet AGL, so as to basic flight training.

9. Flights will be operated at a lateral distance of at least 50 feet from any persons or property not 

associated with the operation who have not given prior permission.

10. Flights will be limited to a groundspeed of 10 mph. 

11. Minimum crew for each flight will consist of a PIC and a Ground Safety Officer.

13. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as 

contact information for the PIC.

14. The flight operations will yield the right of way to other manned aircraft operations.

15. All persons who are not involved with training class will be required to stay 25 feet from the edge of 

the training perimeter.

16. The aircraft will only operate within the listed site.

17. All required permissions and permits will be obtained from territory, state, county or city 
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jurisdictions prior to flight.

18. If the aircraft loses communications, it will have the capability to return to a pre-determined location 

within the operational area and land.

19. If the aircraft loses its GPS signal it will have the capability of being flown manually to a 

predetermined location within the operational area and land.

20. The flight will be aborted in case of unpredicted obstacles or emergencies.

21. Each flight will be recorded in an Operations Log Book.

22. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

If the Phantom and its controller are disconnected during flight, the system’s failsafe protection will 

activate, automatically directing the Phantom to return home and land automatically.

4. Proposed Flight Areas

Drone Academy, USA is requesting to operate in the site listed above.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Drone Academy, USA seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 

61, and 91 for purposes of conducting the requested operations using the PHANTOM. Listed below are 

(1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and 

safeguards that Drone Academy, USA has established which will ensure a level of safety better than or 

equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform 

Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally 

used for the same application. These criteria are met, and therefore no exemption is needed. See Grant 

of Exemption to Astraeus Aerial, Docket No. FAA 2014-0352 at 13-14, 22. If, however, the FAA 

determines that there are some characteristics of the PHANTOM that fail to meet the requirements of 

the Reform Act, an exemption is requested.

Equivalent Level of Safety: The PHANTOM is safe when taking into account its size, weight, speed, and 

operational capability. The PHANTOM weighs approximately 2.2-2.8 pounds and will be flown at speeds 

less than 10 miles per hour, in visual line of sight of the operator, and in remote and unpopulated 

airspace, specifically, on the site listed. The PHANTOM does not carry pilots, passengers, explosive 

materials, or flammable liquid fuels. The PHANTOM will be operated within the parameters of the 
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Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with 

an airworthiness certificate without the restrictions and conditions proposed here. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the PHANTOM would otherwise require certification under Part 27, 

Drone Academy, USA seeks an exemption from Part 27’s airworthiness standards for the same reasons 

identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “lightsport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of 

the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with 

part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft “have identification (N-Number) markings in accordance with 14 

CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket 

No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety: Drone Academy, USA will mark all PHANTOMs with their N- Number in a 

prominent spot on the fuselage with markings that are as large as practicable.
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D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Drone Academy, USA seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. The purpose 

of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC 

will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the PHANTOM will be operated as part of a commercial operation, it carries neither passengers 

nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional 

cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and a class II 

medical certificate. The FAA has also determined that the required knowledge for a commercial pilot 

covers the same fundamental principles as a private pilot.

The PIC will possess at least a private pilot certificate, an airmen medical certificate, and will have 

completed a DJI Factory-Certified Basic Operator Course for the PHANTOM. 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding 

safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through UAS-specific flight cycles, flight time, and specific make and model experience, culminating in 

verification through testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The 

proposed operations can achieve an equivalent level of safety by requiring the knowledge and 

experience in PHANTOM operations described above.

Furthermore, the security screening conducted by the Transportation Security Administration of 

certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat 

to national security.

The restrictions Drone Academy, USA has placed on its PHANTOM operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. Drone Academy, 

USA will operate in restricted areas (the site) away from persons and property not involved in the 

operation. The aircraft will be flown based on VLOS at or below 400 feet AGL.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Drone Academy, USA seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be 

in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent 

that the requirements of Part 21 are waived or found inapplicable. Accordingly, Drone Academy, USA 
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requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. 

See Grant of Exemption No. 11062, p. 19. 

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

 (b)No person may operate a U.S.-registered civil aircraft -

...

 (2)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless 

there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

 (a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following:

 (1)An appropriate and current airworthiness certificate.

 (b)No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

Drone Academy, USA does not request an exemption from this section but instead notifies the FAA that, 

in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, 

registration certificate and other documentation will be kept at the control station with the PIC during 

flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes 

full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19-20, and Grant of 

Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

Drone Academy, USA seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The 

PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff 
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distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA 

has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is 

requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The 

PIC will take all required preflight actions - including performing all required checklists and reviewing 

weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, 

and contingency landing areas - before initiation of flight. The Manuals will be kept at the ground station 

with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

Drone Academy, USA seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[no person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless 

that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by their design, do 

not have functional dual controls. Instead, flight control is accomplished through the use of the A2 Flight 

Control System/Ground Control Station (GCS) that communicates with the aircraft via radio 

communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft and the 

GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and 

speed of the PHANTOM, an equivalent level of safe training can still be performed without dual controls 

because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in 

the event that the aircraft experiences any difficulties during flight instruction. In addition, Drone 

Academy, USA will conduct flight training at a remote facility away from population centers. These 

training flights will be conducted on the site listed above and will otherwise comply with the provisions 

in the Manuals. Accordingly, Drone Academy, USA's proposed method of operation provides superior 

levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

Drone Academy, USA requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. The Manuals provide for operations away from congested 

populations areas on the sites. The FAA has already determined that relief from Section 91.119(c) is 

warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by 

Drone Academy, USA. See Grant of Exemption No. 11062, p. 20-21.
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Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the 

maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An equivalent level of 

safety will be achieved given the size, weight, and speed of the PHANTOM, as well as the locations 

where it is operated – the sites. In order to avoid any risk to aircraft, flight operations will be restricted 

to 400 feet AGL or below. As set forth in the Manuals and herein, the PHANTOM will be operated in the 

remote site, away from persons or structures not involved in the operation. All persons who are not 

involved with Drone Academy, USA operations will be required to be at least 25 feet from the training 

perimeter.

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft 

to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport. The PHANTOM uses both barometric pressure sensors and GPS to determine altitude 

but does not have the ability to set in a current altimeter setting. An exemption is required to the extent 

that the PHANTOM does not have a barometric altimeter setting. The altitude of the aircraft is 

monitored by the PIC on the ground control station and by the Ground Safety Officer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the 

aircraft will be operated at or below 400 feet AGL and within visual line-of-sight in addition to GPS based 

altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. 

As the attached Manuals indicate, the PHANTOM will be operated at or below 400 feet AGL and 

complies with the limitations in the Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Drone Academy, USA requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

 (a) No person may begin 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.

The technological limitations on PHANTOM battery power means that no meaningful flight operations 
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can be conducted while still maintaining a 30 minute reserve. The aircraft is battery powered with a 

maximum flight time of 25 minutes. Drone Academy, USA proposes that the maximum flight time for 

each operational flight will be 15 minutes. The aircraft will be safely landed with no less than the greater 

of (a) 20% battery life remaining or (b) five minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS 

flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% 

reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The Manuals 

providing an equivalent level of safety by safely landing with no less than the greater of (a) 20% battery 

life remaining or (b) five minutes of flight time remaining and otherwise complying with the flight 

restrictions above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Drone Academy, USA seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have 

discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the PHANTOM will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, 

replacement, and inspection requirements for the aircraft and procedures to document and maintain 

maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption 

No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for 

maintenance log books and record keeping as well as routine and post-flight maintenance. The Manuals 

set requirements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting Drone Academy, USA's petition for exemption furthers the public interest. National policy set 
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by Congress favors early integration of UAS into the NAS in controlled, safe working environments such 

as the sites proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of 

allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 

332 of the Reform Act.

Moreover, use of unmanned aircraft operations will improve awareness of FAA regulations and provide 

a standard level of training for all PHANTOM pilots. The use of the PHANTOM will also decrease safetyrelated incidents involving new users of quadcopters.

PHANTOM flight training will increase the effectiveness of new users, decrease their safety risks, and 

reduce the number of incidents between unmanned and manned aircraft.

Thus, the use proposed here will allow Drone Academy, USA train new operators of a PHANTOM for 

increasing public safety. The PHANTOM is approximately 2.75 pounds, carries no passengers or crew, 

and has no flammable fuel, as opposed to larger and more powerful helicopters and small airplanes. 

This program may prevent accidents and injuries, and there is a strong public interest in making these 

operations more safe and effective through the use of UASs.

VII. PRIVACY

All flights will occur over the identified site. All flights will be conducted in accordance with any federal, 

state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

Drone Academy, USA seeks an exemption from the following rules for the purpose of flight training: 14 

C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 

C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R 

§ 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 

14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property 

owners from the hazards associated with new Phantom pilots.
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IX. ATTACHMENTS

Attachment 1: DJI PHANTOM 2 User Manual v1.4

Attachment 2: DJI Phantom 2 Quick Start Guide

Attachment 3: DJI Phantom 3 User Manual v1.2

Attachment 4: DJI Phantom 3 Quick Start Guide

X. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, operating 

capabilities, proximity to airports and populated areas, operation within visual line of sight, and national 

security considerations - provides more than adequate justification for the grant of the requested 

exemptions to permit Drone Academy, USA to operate the PHANTOM on the site requested.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) 

significantly improving safety and reducing risk by alleviating human exposure to danger; and (2) 

decreasing the risks of unmanned aircraft interfering with manned aircraft.

 Respectfully submitted,

 By: Keith Bruno

 Chief Flight Instructor

Drone Academy, USA

(407) 906-8287

info@droneacademyusa.com