UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

AMENDMENT

Regulatory Docket No. FAA-2015-1697-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AVWATCH INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJI PHANTOM 2, 

PHANTOM 3, AND INSPIRE 1 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on August 3rd 2015

Zachary T. Lesinski

Avwatch Inc.

246 South Meadow Rd

Gate 6 Building S-2

Plymouth MA, 02644
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TABLE OF CONTENTS

Page

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

SUMMARY.........................................................................................................................

4

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

BACKGROUND ................................................................................................................ 4

BASIS FOR PETITION ...................................................................................................... 5

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AVWATCH INC.

SEEKS EXEMPTION ....................................................................................................... 8

THE EXTENT OF RELIEF AVWATCH INC. SEEKS AND THE REASON

AVWATCH INC. SEEKS THE RELIEF............................................................................ 11

THE REASONS WHY GRANTING AVWATCH INC.'S REQUEST WOULD BE

IN THE PUBLIC INTEREST ............................................................................................ 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..................................................................................... 18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................. 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT AVWATCH INC.'S REQUEST ................................................................ 27

CONCLUSION................................................................................................................. 28
Avwatch	Inc. Page	3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

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

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions
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VO Visual Observer

VTOL Vertical Takeoff and Landing

SUMMARY

Avwatch Inc. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Avwatch Inc. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial acquisitions within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Avwatch Inc. (hereinafter referred to as “Avwatch”) is a Service-Disabled Veteran Owned Small 

Business (SDVOSB) that delivers aerial reconnaissance, Real-Time Full Motion Video (FMV), and airborne 

networking services to government and commercial clients. Avwatch is headquartered in Plymouth, 

Massachusetts.

BACKGROUND

Unmanned Aircraft System: Phantom 2, Phantom 3, and Inspire 1 UAS
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Avwatch seeks an exemption to operate the DJI Phantom 2, Phantom 3, and Inspire 1 UAS (Phantom 

2, Phantom 3, and Inspire 1 UAS) for compensation or hire within the NAS. The Phantom 2, Phantom 3, and 

Inspire 1 UAS is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a 

transportable Ground Control Station (GCS). The Phantom 2, Phantom 3, and Inspire 1 UA has a maximum 

gross weight of approximately 5.5 pounds; measures approximately 12 inches in length, 12 inches in width, 

and 7 inches in height; and has maximum speed of approximately 30 knots. The Phantom 2, Phantom 3, and 

Inspire 1 UA is equipped with four rotors, each being driven by a Lithium Polymer battery powered electric 

motor.

The Phantom 2, Phantom 3, and Inspire 1 UA that will be operated by Avwatch 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, Avwatch Inc., by and through undersigned counsel, pursuant to the pros of the Federal 

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

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

Phantom 2, Phantom 3, and Inspire 1 UAS within 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 size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Avwatch’s operation of the Phantom 2, Phantom 3, and Inspire 1 UAS 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.
Avwatch	Inc. Page	6

Accordingly, Avwatch 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.

Avwatch submits that the requested relief is proper since an equivalent level of safety will be ensured. 

All maintenance, alterations, or preventive maintenance of the Phantom 2, Phantom 3, and Inspire 1 UAS 

performed by Avwatch will be in accordance with the methods, techniques, and practices prescribed in the 

operating documents (i.e., the Phantom 2, Phantom 3, and Inspire 1 User Manual, the Phantom 2, Phantom 3, 

and Inspire 1 Quick Start Guide, the Phantom 2, Phantom 3, and Inspire 1 Checklists, the Smart Flight 

Battery Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original Equipment 

Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per 

the operating documents and OEM standards. Avwatch will document and maintain all maintenance records 

for the Phantom 2, Phantom 3, and Inspire 1 UAS.

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

limitations: Pilot in command, is requested by Avwatch to the extent necessary to allow the proposed UAS 

flight operations to be conducted by a Pilot in Command (PIC) holding a private pilot 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 Phantom 2, Phantom 3, and Inspire 1 UAS in a manner 

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

distances from people, vessels, vehicles and structures.

Avwatch seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Phantom 

2, Phantom 3, and Inspire 1 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, Avwatch submits that it will ensure that the Phantom 2, Phantom 3, and Inspire 1 

UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the 

operating documents (i.e., the Phantom 2, Phantom 3, and Inspire 1 User Manual, the Phantom 2, Phantom 3, 

and Inspire 1 Quick Start Guide, the Phantom 2, Phantom 3, and Inspire 1 Checklists, the Smart Flight 
Avwatch	Inc. Page	7

Battery Safety Guidelines and the Phantom Pilot Training Guide), and that the aircraft is in a condition for safe 

flight.

Avwatch also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, 

because the altitude reporting equipment of the Phantom 2, Phantom 3, and Inspire 1 UAS is set to zero feet 

above ground level (AGL), rather than local barometric pressure or field altitude, before each flight. The 

altitude information of the Phantom 2, Phantom 3, and Inspire 1 UA is provided to the PIC via a barometric 

pressure sensor, Global Positioning System (GPS) equipment, and a radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. A level of safety equivalent 

to Section 91.121 will be ensured as the altitude of the Phantom 2, Phantom 3, and Inspire 1 UA will be 

reported to air traffic control (ATC) in feet AGL, and Avwatch will operate the Phantom 2, Phantom 3, and 

Inspire 1 UA within visual line of sight, at or below 400 feet AGL.

Additionally, Avwatch seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. Avwatch submits that safety will not be affected by operation of the 

Phantom 2, Phantom 3, and Inspire 1 UA during daylight hours in visual meteorological conditions (VMC) 

under visual flight rules (VFR), with enough battery power to fly for a total duration of 20 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least five minutes (i.e., 

20 percent battery power remaining).

In accordance with 14 C.F.R. § 11.81, Avwatch 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 is:

Avwatch Inc.

246 South Meadow Rd 

Gate 6 Building S-2

Plymouth MA, 02644
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The point of contact for this Petition and specific contact information is as follows:

Zachary T. Lesinski

Tel: (508) 280-4252

246 South Meadow Rd

Gate 6 Building S-2

Plymouth MA, 02644

Email: ztl@avwatch.us

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

1. Avwatch Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

(a)No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

PIC of an aircraft.

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

employment if—

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

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

2. Avwatch 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. Avwatch 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 appropriate available station; or
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(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. Avwatch 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. Avwatch 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. Avwatch 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. Avwatch 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. Avwatch 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
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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 re 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 Avwatch Seeks And The Reason Avwatch Seeks The Relief.

1. Extent of Relief Avwatch Seeks And The Reason Avwatch Seeks Relief From Section 61.113(a) And 

(b).
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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 certificate, as well as an 

airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire.

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

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

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

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

As set forth more fully below, Avwatch submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the Phantom 2, Phantom 3, and Inspire 1 UAS unless that PIC has 

met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the 

Phantom 2, Phantom 3, and Inspire 1 UAS in a manner consistent with the operations specifications as set 

forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures.

Further, Avwatch submits that all flights of the Phantom 2, Phantom 3, and Inspire 1 UAS, conducted 

by the PIC pursuant to the grant of this Petition: (1) will be incidental to Avwatch’s business; and (2) will not 

carry passengers or property for compensation or hire.

2. Extent of Relief Avwatch Seeks And The Reason Avwatch 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 Avwatch to determine that the Phantom 2, Phantom 3, and Inspire 1 UAS is in an airworthy condition 

prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Phantom 

2, Phantom 3, and Inspire 1 User Manual, the Phantom 2, Phantom 3, and Inspire 1 Quick Start Guide, the 

Phantom 2, Phantom 3, and Inspire 1 Checklists, the Smart Flight Battery Safety Guidelines and the Phantom 

Pilot Training Guide).
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Avwatch seeks the requested relief because the Phantom 2, Phantom 3, and Inspire 1 UAS does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Avwatch will 

ensure that the Phantom 2, Phantom 3, and Inspire 1 UAS is in an airworthy condition based upon its 

compliance with the operating documents prior to every flight, and further, determine the aircraft is in a 

condition for safe flight, as stated in the conditions and limitations below.

3. Extent of Relief Avwatch Seeks And The Reason Avwatch Seeks Relief From Section 91.121.

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

the Phantom 2, Phantom 3, and Inspire 1 UAS, because the Phantom 2, Phantom 3, and Inspire 1 UA’s 

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

or field altitude, before each flight. The Phantom 2, Phantom 3, and Inspire 1 UAS utilizes 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).

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 91.121 is sought to 

the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set 

forth herein, a level of safety equivalent to Section 91.121 will be ensured as the altitude of the Phantom 2, 

Phantom 3, and Inspire 1 UA will be reported to air traffic control (ATC) in feet above ground level (AGL), 

and Avwatch will operate the Phantom 2, Phantom 3, and Inspire 1 UA within visual line of sight, at or below 

400 feet AGL.

4. Extent Of Relief Avwatch Seeks And The Reason Avwatch 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 Phantom 2, Phantom 3, and Inspire 1 UA during 

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

of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least five minutes (i.e., 20 percent battery power remaining). Avwatch seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered Phantom 2, 
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Phantom 3, and Inspire 1 UA will severely constrain the practicality of any aerial acquisition and research 

flight operations that Avwatch proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Phantom 2, Phantom 3, and Inspire 

1 UAS, the Phantom 2, Phantom 3, and Inspire 1 UAS operating documents, and Avwatch ’s proposed 

operating limitations, ensure that Avwatch will safely operate the battery powered Phantom 2, Phantom 3, and 

Inspire 1 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of 20 minutes to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery power 

remaining).

5. Extent Of Relief Avwatch Seeks And The Reason Avwatch 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, Avwatch requests relief from these Sections because the Phantom 2, 

Phantom 3, and Inspire 1 UAS does not require an airworthiness certificate. As set forth more fully below, the 

Phantom 2, Phantom 3, and Inspire 1 UAS meets the conditions of Section 333 of the FMRA for operation 

without an airworthiness certificate.

All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 2, Phantom 3, and 

Inspire 1 UAS performed by Avwatch will be in accordance with the methods, techniques, and practices 

prescribed in the operating documents (i.e., the Phantom 2, Phantom 3, and Inspire 1 User Manual, the 

Phantom 2, Phantom 3, and Inspire 1 Quick Start Guide, the Phantom 2, Phantom 3, and Inspire 1 Checklists, 

the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the 

Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections 

and maintenance per the operating documents and OEM standards. Avwatch will document and maintain all 

maintenance records for the Phantom 2, Phantom 3, and Inspire 1 UAS.

D. The Reasons Why Granting Avwatch’s Request Would Be In The Public Interest; That Is, How It 

Would Benefit The Public As A Whole.
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Granting the present Petition will further the public interest by allowing Avwatch to safely, efficiently, and 

economically perform aerial acquisitions and research within the NAS, commercially, in support of 

government entities, agriculture, scientific studies, and aviation industry. Additionally, use of the Phantom 2, 

Phantom 3, and Inspire 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant 

benefits to the economy. Notably, the benefits of Avwatch’s proposed operation of the Phantom 2, Phantom 3, 

and Inspire 1 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisition And Research Performed.

Avwatch submits this Petition to commercially operate the Phantom 2, Phantom 3, and Inspire 1 UAS 

and perform aerial acquisitions within the NAS, in support of government entities, agriculture, scientific 

studies, and aviation industries. The Phantom 2, Phantom 3, and Inspire 1 UAS will provide safe, efficient, 

and economical aerial acquisition and research operations to further each of these fields, all of which are 

critical to the well-being of the general public.

The specific operations that Avwatch will perform with the Phantom 2, Phantom 3, and Inspire 1 UAS 

demonstrate how the requested exemption will directly benefit the above-referenced industries and the public. 

In the railroad, oil, and gas industries, the Phantom 2, Phantom 3, and Inspire 1 UAS will be used to: aid in 

facility inspections; survey and plan new worksites; survey of damage cause by storms, natural disasters, and 

accidents; and perform right of way analysis. The Phantom 2, Phantom 3, and Inspire 1 UAS may also further 

environmental management by mapping deforestation and surveying point source pollution.

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

The Phantom 2, Phantom 3, and Inspire 1 UA is battery powered and serves 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 Phantom 
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2, Phantom 3, and Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, and 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 Phantom 2, Phantom 3, and Inspire 1 

UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial 

survey 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.

3. The Public Will Benefit From The Safety And Efficiency Of The Phantom 2, Phantom 3, and 

Inspire 1 UAS.

Conducting aerial acquisitions with the Phantom 2, Phantom 3, and Inspire 1 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial survey flight operations. By using battery power and electric motors, the 

Phantom 2, Phantom 3, and Inspire 1 UAS produces no air pollution, and is the most viable environmentally 

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

utilized for aerial acquisitions, and burn approximately 20-30gallons per hour of leaded aviation fuel. The 

Phantom 2, Phantom 3, and Inspire 1 UA, while reducing the carbon footprint of aerial acquisitions, also 

reduces noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal 

combustion engine.

By using the Phantom 2, Phantom 3, and Inspire 1 UAS to perform aerial acquisitions, the 

substantial risk to life and property in the air and on the ground, which is usually associated with traditional 

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

of flight crew members located onboard the aircraft, the Phantom 2, Phantom 3, and Inspire 1 UA (weighing 

approximately 5.5 pounds at its maximum gross weight; measuring approximately 14 inches diagonally; and 

carrying 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 aerial acquisitions (weighing 
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approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity 

of 180 gallons).

4. Performing Aerial Acquisition Operations With The Phantom 2, Phantom 3, and Inspire 1 UAS 

Will Benefit The Economy.

In addition to being safe and efficient, the Phantom 2, Phantom 3, and Inspire 1 UAS is also an 

economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the 

Phantom 2, Phantom 3, and Inspire 1 UAS will allow United States based companies, like Avwatch , 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 Phantom 2, Phantom 3, and Inspire 1 UAS is one such technology 

that not only allows companies greater operational flexibility compared to manned aircraft, but provides such 

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

By operating the Phantom 2, Phantom 3, and Inspire 1 UAS, companies such as Avwatch , 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 Phantom 2, Phantom 3, and Inspire 1 UAS, provides a stable workforce that 

increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest 

in research and development in order to remain competitive both in the United States and abroad.

5. There Are No Privacy Issues.

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

Avwatch’s proposed operation of the Phantom 2, Phantom 3, and Inspire 1 UAS will not implicate any 

privacy issues. Specifically, the Phantom 2, Phantom 3, and Inspire 1 UAS will only be operated pursuant to 

the specific conditions and limitations set forth herein, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the 
Avwatch	Inc. Page	17

Phantom 2, Phantom 3, and Inspire 1 UA will not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure, which is not directly involved in the operation.

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 Avwatch 

Seeks Exemption.

1. Reasons Why The Phantom 2, Phantom 3, and Inspire 1 UAS Meets 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, Avwatch’s operation of the Phantom 2, Phantom 3, and Inspire 1 UAS meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H.

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

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

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

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

date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by section 334 of this Act.

(b)Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the 

Secretary shall determine, at a minimum--

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

capability, proximity to airports and populated areas, and operation within visual line of sight do not create 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, Avwatch submits that the Phantom 2, Phantom 3, and Inspire 1 UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Phantom 
Avwatch	Inc. Page	18

2, Phantom 3, and Inspire 1 UAS; (b) the pilot certification requirement; and (c) the specific operating 

limitations.

a. The Specifications Of The Phantom 2, Phantom 3, and Inspire 1 UAS Demonstrate Its Safe 

Characteristics.

The Phantom 2, Phantom 3, and Inspire 1 UAS 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 Phantom 2, Phantom 3, and Inspire 1 UAS.

The technical specifications of the Phantom 2, Phantom 3, and Inspire 1 UAS are set forth at page 70 

of the Phantom 2, Phantom 3, and Inspire 1 User Manual, attached hereto as Exhibit A. Exhibit A contains 

proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)1.

ii. The Phantom 2, Phantom 3, and Inspire 1 UAS Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area.

The Phantom 2, Phantom 3, and Inspire 1 UAS may be operated in both semi and fully autonomous 

flight modes. The Phantom 2, Phantom 3, and Inspire 1 UAS autonomous features include the following: a 

GPS Position and Altitude Hold when the GCS controls are released to their neutral positions; a Return To 

Home (RTH) function; and Flight Limits (i.e, pre-set limitations that restrict the distance and height of the 

UAS flight operations).

A complete description of the autonomous modes of the Phantom 2, Phantom 3, and Inspire 1 UAS is 

provided at pages 32 through 41 of the Phantom 2, Phantom 3, and Inspire 1 User Manual, attached hereto as 

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. 

§ 11.35(b).

iii. The Phantom 2, Phantom 3, and Inspire 1 UAS Is Designed For Automatic Return To 

Home Point Or Auto-Land In The Event Of Loss Of The Control Link Or Navigation.
Avwatch	Inc. Page	19

A complete description of the Failsafe Functions of the Phantom 2, Phantom 3, and Inspire 1 UAS is 

set forth at pages 32 through 41 of the Phantom 2, Phantom 3, and Inspire 1 User Manual, attached hereto as 

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. 

§ 11.35(b).

iv. The Phantom 2, Phantom 3, and Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the Phantom 2, Phantom 3, and Inspire 1 

GCS and its software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2, Phantom 3, 

and Inspire 1 User Manual. The Phantom 2, Phantom 3, and Inspire 1 UAS is compliant with all Federal 

Communications Commission (FCC) requirements, and the radio frequency spectrum used for operation and 

control of the UA is set forth at page 70 of the Phantom 2, Phantom 3, and Inspire 1 UAS User Manual. A 

copy of the Phantom 2, Phantom 3, and Inspire 1 User Manual, which contains proprietary information, is 

attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 2, Phantom 3, and Inspire 1 UAS Are Limited To The Line Of 

Sight Of A Certificated Pilot in Command With

A Safety Observer.

Avwatch will only utilize certificated pilots who possess a current and valid FAA issued airman 

medical certificate to act as a pilot in command (PIC) of the Phantom 2, Phantom 3, and Inspire 1 UAS. 

Additionally, a safety observer will assist all pilots during flight operations.

c. Flights Of The Phantom 2, Phantom 3, and Inspire 1 UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Avwatch proposes to commercially operate the Phantom 2, Phantom 3, and 

Inspire 1 UAS for the special purpose of conducting aerial acquisitions within the NAS, pursuant to the 

following specific operating limitations:

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents, which is a quad-rotor aircraft weighing less than 6 pounds at maximum gross weight: 

DJI Phantom 2, Phantom 3, and Inspire 1 Unmanned Aircraft System. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant.
Avwatch	Inc. Page	20

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial 

acquisitions.

3. The UA may not be flown at an indicated airspeed exceeding 30 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by 

the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

5. The UA 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 unaided by any device other than corrective lenses, as specified on the PIC’s FAAissued airman medical certificate.

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

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO 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 VO can perform the functions prescribed in the operating documents.

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

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the conditions and limitations 

contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and 

limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such res 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 re would affect the basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to the grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or res to the operating documents.

10.Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

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

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC 

who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.
Avwatch	Inc. Page	21

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance 

with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS 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. 

The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate.

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

and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a 

manner consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’s training 

requirements. A record of training must be documented and made available upon request by the Administrator. 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding), are permitted under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). 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 FAApublished 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 20% 

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. This COA will also require the 

operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 
Avwatch	Inc. Page	22

hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the 

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

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

accordance with 14 C.F.R. part 47, and have identification (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 under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request.

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

times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. The UA may not be operated over congested or densely populated areas.

32. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than 

the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris 

in the event of an accident. The operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately and/or;

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

vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to 

those persons per § 91.119(a).

33. 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.

34. 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 UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
Avwatch	Inc. Page	23

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety.

Avwatch 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 Phantom 2, Phantom 3, and Inspire 1 UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to 

safely operate the Phantom 2, Phantom 3, and Inspire 1 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering Avwatch’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 Phantom 2, Phantom 3, 

and Inspire 1 UAS, Avwatch submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Avwatch ’s specific proposed flight 

operations.

The Phantom 2, Phantom 3, and Inspire 1 UAS has been the subject of multiple Grants of Exemption 

from Section 61.113(a) and (b) (Exemption Nos. 11153, 11157). Additionally, the FAA has previously granted 

relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11170, 11171, 11172).

Avwatch will not allow any PIC to operate the Phantom 2, Phantom 3, and Inspire 1 UAS unless that 

PIC has demonstrated, by meeting minimum flight-hour requirements or the Phantom 2, Phantom 3, and 

Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the Phantom 2, 

Phantom 3, and Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours
Avwatch	Inc. Page	24

logged as a UAS pilot with a multi-rotor UAS (with a minimum of 5 hours of those hours as a

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

addition to the hour requirements, the PIC must accomplish 3 take-offs 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 

Avwatch ’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 purpose of motion 

picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi-rotorUAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to 

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

requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 

hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 take-offs 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 experience-building 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, Avwatch will ensure safe operations by not allowing any PIC to operate the Phantom 2, 

Phantom 3, and Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and

currency requirements, that the PIC is able to safely operate the Phantom 2, Phantom 3, and Inspire 1 UAS in 

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

appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect 

Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every 

flight, Avwatch will ensure that the Phantom 2, Phantom 3, and Inspire 1 UAS is in an airworthy condition 

based upon the Phantom 2, Phantom 3, and Inspire 1 UAS’s compliance with its operating documents (i.e., the 
Avwatch	Inc. Page	25

Phantom 2, Phantom 3, and Inspire 1 User Manual, the Phantom 2, Phantom 3, and Inspire 1 Quick Start 

Guide, the Phantom 2, Phantom 3, and Inspire 1 Checklists, the Smart Flight Battery Safety Guidelines and 

the Phantom Pilot Training Guide), and as stated in the conditions and limitations herein.

The Phantom 2, Phantom 3, and Inspire 1 UAS has been the subject of multiple Grants of Exemption 

from Section 91.7(a) (Exemption Nos. 11153, 11157). Additionally, the FAA has previously granted relief 

from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

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 of 

the Phantom 2, Phantom 3, and Inspire 1 UA will be reported to air traffic control (ATC) in feet above ground 

level (AGL), and Avwatch will operate the Phantom 2, Phantom 3, and Inspire 1 UA within visual line of 

sight, at or below 400 feet AGL. Furthermore, the altitude information of the Phantom 2, Phantom 3, and 

Inspire 1 UA will be provided to the PIC via a barometric pressure sensor, 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. Prior to each flight, a zero altitude initiation point is automatically established by the 

UAS at ground level.

The Phantom 2, Phantom 3, and Inspire 1 UAS was the subject of multiple Grants of Exemption from 

Section 91.121 (Exemption Nos. 11153, 1157). The FAA has previously granted relief from Section 91.121 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

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

91.151(b) as a result of (1) the technical specifications of the Phantom 2, Phantom 3, and Inspire 1 UAS; (2) 

the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. 
Avwatch	Inc. Page	26

Accordingly, Avwatch will ensure that it will safely operate the battery powered Phantom 2, Phantom 3, and

Inspire 1 UA during daylight hours in visual metrological conditions (VMC) under visual flight rules (VFR), 

with enough battery power to fly for a total duration of 20 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery power 

remaining).

Here, as in Exemption No. 11109, the technical specifications of the Phantom 2, Phantom 3, and 

Inspire 1 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, 

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

be ensured as the Phantom 2, Phantom 3, and Inspire 1 UAS provides audible and visual warnings to the PIC 

at the GCS when the UA has low battery power remaining.

Significantly, the Phantom 2, Phantom 3, and Inspire 1 UAS has been the subject of multiple Grants of 

Exemption from Section 91.151 (Exemption Nos. 11153, 11157), and other previous exemptions granted by 

the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 

5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 

10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

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, Avwatch submits that the equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because all maintenance, alterations, or preventive 

maintenance of the Phantom 2, Phantom 3, and Inspire 1 UAS performed by Avwatch will be in accordance 
Avwatch	Inc. Page	27

with the methods, techniques, and practices prescribed in the operating documents (i.e., the Phantom 2, 

Phantom 3, and Inspire 1 User Manual, the Phantom 2, Phantom 3, and Inspire 1 Quick Start

Guide, the Phantom 2, Phantom 3, and Inspire 1 Checklists, the Smart Flight Battery Safety Guidelines and 

the Phantom Pilot Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or 

qualified OEM maintainers will perform higher level inspections and maintenance per the operating documents 

and OEM standards. Avwatch will document and maintain all maintenance records for the Phantom 2, 

Phantom 3, and Inspire 1 UAS.

Since the Phantom 2, Phantom 3, and Inspire 1 UAS will be inspected as prescribed by the operating 

documents, Avwatch will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). The following operating documents are attached hereto, identified as the 

following Exhibits: (A) the Phantom 2, Phantom 3, and Inspire 1 User Manual; (B) the Phantom 2, Phantom 

3, and Inspire 1 Quick Start Guide; (C) the Phantom 2, Phantom 3, and Inspire 1 Checklists; and (D) the 

Smart Flight Battery Safety Guidelines. The foregoing exhibits contain proprietary information and are to be 

held in a separate file pursuant to 14 C.F.R. § 11.35(b).

Likewise, the exemption sought will not adversely affect safety because all maintenance, alterations, or 

preventive maintenance of the Phantom 2, Phantom 3, and Inspire 1 UAS will be performed by Avwatch in 

accordance with the methods, techniques, and practices prescribed in the operating documents. Only the 

Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections 

and maintenance per the operating documents and OEM standards. Avwatch will document and maintain all 

maintenance records for the Phantom 2, Phantom 3, and Inspire 1 UAS.

Furthermore, an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), 

because Avwatch will document and maintain all of the maintenance records for the Phantom 2, Phantom 3, 

and Inspire 1 UAS.
Avwatch	Inc. Page	28

The Phantom 2, Phantom 3, and Inspire 1 UAS has been the subject of multiple Grants of Exemption 

from Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption Nos. 11153, 

11157), and other previous exemptions granted by the FAA concerning these Sections establish that safety is 

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

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

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, Avwatch requests that the FAA prescribe special conditions for the 

intended operation of the Phantom 2, Phantom 3, and Inspire 1 UAS, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for 

the limited purpose of conducting aerial acquisitions within the NAS for compensation or hire. FMRA Section 

333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the 

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

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

the safe operation of the UAS in the NAS.

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

the Phantom 2, Phantom 3, and Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

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

Section 21.16, entitled Special Conditions, states the following:

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

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

the aircraft, aircraft engine or propeller, he prescribes special conditions and 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.
Avwatch	Inc. Page	29

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 Avwatch’s intended operation of the Phantom 2, Phantom 3, and Inspire 1 

UAS,

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

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

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

91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Avwatch Seeks 

Exemption:

Avwatch Inc. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 

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

A Brief Description Of The Nature Of The Exemption Avwatch Seeks:

This exemption will permit Avwatch Inc. to commercially operate an Unmanned Aircraft System (UAS) for the 

purpose of conducting aerial acquisitions within the National Airspace System (NAS).

G. Any Additional Information, Views, Or Arguments Available To Support Avwatch’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, Avwatch’s request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Avwatch will operate the Phantom 2, Phantom 3, and Inspire 1 UAS 

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

national security.

CONCLUSION

As set forth herein, Avwatch 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 Phantom 2, 
Avwatch	Inc. Page	30

Phantom 3, and Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial acquisitions within the National Airspace System (NAS). 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 Avwatch to safely, efficiently, and 

economically operate the Phantom 2, Phantom 3, and Inspire 1 UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, Avwatch 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 Avwatch to operate the 

Phantom 2, Phantom 3, and Inspire 1 UAS commercially for the purpose of conducting aerial acquisitions 

within the NAS.