### August 5 , 2015

Exemption No. 12334 Regulatory Docket No. FAA

– 20 15

– 2240

Mr. Edward E. Mathews dba Amelia Island Images P.O. Box 1945 Yulee, FL 32097

Dear Mr. Mathews : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter dated April 29, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Amelia Island Images ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial video and photography of construction sites, real estate, special events, and landscape

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

### 2

finds that relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision
You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fue l, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requeste d in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Amelia Island Images is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petit ioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Amelia Island Images is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.
2. Operations for the purpose of closed

- set motion picture and television filming are not perm itted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported 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 vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The

### 4

operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable comp onents, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

### 5

( traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training op erations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visu al flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is proh ibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.
22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

### 6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating 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 r emain 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 in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A'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

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.

### 7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.
Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

Enclosures1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Edward E. Mathews, dba Amelia Island Images FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS O F TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) ( 1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT

SYSTEMS PURSU ANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on April 29 , 2015

Edward E. Mathews Mailing address: PO Box 1945; Yulee, FL 32041 Physical address: 85332 Miner Road; Yulee, FL 32097 Tel: (904 ) 22 5

- 0581 Cel l : (904) 314

- 4300 Email: edmathew@comcast.net2 

### TABLE OF CONTENTS

Page

GLOSSARY OF A BBREVIATIONS................... ............................3

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

...... 4

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

............ 4

BACKGROUND.................................................

............. 5

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

............. 6

NAME AND ADDRESS OF PETITIONER

............. ........ ............... 9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION

......................................................... 9

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE R ELIEF

........ ...... ..... .. ........ ......... . 13

THE REASONS WHY GRANTING PETITIONER ’S REQUEST WOULD BE IN THE PUBLIC INTEREST ..

............... ........................... .... .. 17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.....................

..................... .................. 21

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTE R...

..... ....... 3 7

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PETITIONER ’S REQUEST.........

............................... 3 7

CONCLUSIO N....................................................

.......... 3 8

APPENDICES.............................................................. 3 9

A

– DJI Phantom 2 Vision+ Specifications Data Shee t ...............39 B

- DJI Phantom 2 Vision+ Manufacturer’s User Manual

..... .... ....40 C

– Preflight And Mission Checklist

............................... 90 D

– Monthly Maintenance Log

....................................... 91 E

– Photocopy of Aircraft Registration Application

............... 923 GL OSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviatio n Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTO L Vertical Takeoff and Landing4 

### SUMMARY

Edward E. Mathews , hereinafter referred to as Petitioner, 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 Edward E.
Mathews, doing business as Amelia Island Images, a sole
proprietorship with no employees , to operate an Unmanned
Aircraft System (UAS) for the commercial purpose of conducting
aerial video and photography of construction sites, real estate,
special events, and landscape over certain areas of the United

States.



### INTRODUCTION AND INTERESTS OF T HE PETITIONER

Petitioner provides his clients with quality digital

content and printed products for use in their commercial,
personal, and non

- profit multimedia projects. Amelia Island

Images has been in continuous operation since 1987, and
petitioner is proud of consistently providing quality products

and services. The objective of Petitioner is to provide high
quality imaging for a variety of commercial, public, and

residential uses . Petitioner’s primary activity involves the
creation of photograph post cards for wholesale distribution to5



### state parks, museums, lighthouses, and a variety of retail
stores in southeast Georgia and northeast Florida small towns

and rural areas.



### BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision +

Petitioner seeks a n exemption to operate a single DJI

system to support his existing post card business, for
compensation , or for hire within the NAS. The DJI Phantom 2
Vision+ is a vertical takeoff and landing (VTOL) Unmanned
Aircraft (UA) with a Ground Control Station (GC S) u si ng a smart
phone monitoring system. The DJI Phantom 2 Vision+ has a maximum
gross weight of approximately 2 pounds 11 ounces, a length of 16

inches , width of 16 inches, height of 8 inches, and a maximum
speed of approximately 25 miles per hour . The D JI Phantom 2
Vision+ UA is equipped with four main rotors; driven by Lithium
Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ UA S will be operated only by

Edward E. Mathews

. An Aircraft Registration Application for this

UAS w as submitted using an original AC Form 8050

- 1 on April 29,

2015 (see Appendix E) in accordance with 49 U.S.C. 44103,
Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft
Registration, and will be marked in accordance with 14 C.F.R.
Part 45, Identification an d Registration Marking.6 

### BASIS FOR PETITION

P ursuant to the provisions of the Federal Aviation
Regulations (14 C.F.R. § 11.61) and the FAA Modernization and
Reform Act of 2012 (FMRA), Section 333, Special Rules for
Certain Unmanned Aircraft Systems, pe tition is hereby submitted

to the Administrator to commercially operate the DJI Phantom 2

Vision + UAS in the National Airspace System (NAS), and for an
exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b),
91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),
91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited
operating area associated with the unmanned aircraft and its
operation, use of the DJI Phantom 2 Vision+ UAS meets the

conditions of FMRA Se ction 333 and therefore, will not require

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

Accordingly, Petitioner requests relief from Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), as these se ctions set forth requirements for maintenance
that only apply to aircraft with an airworthiness certificate.

Petitioner submits that the requested relief is proper
since an equivalent level of safety will be ensured. Petitioner7



### will use experienced perso nnel or technicians to perform
maintenance, alterations, or preventive maintenance on the UASs
using the methods, techniques, and practices prescribed in the
operating documents (i.e., Petitioner’s Preflight and Mission
Checklist, Monthly Maintenance Log, and DJI Phantom 2 Vision+
Instruction Manual). Furthermore, Petitioner will document and

maintain all maintenance records for the DJI Phantom 2 Vision+

UAS.

Relief from certain requirements of Section 61.113(a) and
(b), entitled Private pilot privileges and limitations: Pilot in
command, is requested by Petitioner because the aircraft cannot
carry passengers or property, and the flight of this aircraft is
only incidental to Petitioner’s business.

Petitioner seeks relief from Section 91.7(a), entitled

Civ il aircraft airworthiness, because the DJI Phantom 2 Vision+

UAS do es not require an airworthiness certificate in accordance
with 14 C.F.R. Part 21, Subpart H. As such, Petitioner submits

that it will ensure that the DJI Phantom 2 Vision+ UAS is in an

airw orthy condition prior to every flight by determining that

the UAS is in compliance with the operating documents (i.e.,
Petitioner’s Preflight and Mission Checklist, Monthly
Maintenance Log, and DJI Phantom 2 Vision+ Instruction Ma nual),

and that the aircra ft is in a condition for safe flight.8 Petitioner also seeks an exemption from the requirements of Section

91.121, entitled Altimeter 

### Settings , as the DJI Phantom 2 Vision+ UA will

not have a typical 

### barometric altimeter onboard. However, altitude

informa tion of the DJI Phantom 2 Vision+ UA will be provided to the PIC
via Global Positioning System (GPS) equipment and radio communications
telemetry data link, which downlinks from the UA to the GCS for active
monitoring of the flight path. This altitude info rmation, combined with

Petitioner’s operation of the DJI Phantom 2 Vision+ UAS within visual line
of sight, at or below 396 feet AGL, will ensure a level of safety
equivalent to Section 91.121.

Additionally, Petitioner seeks an exemption from the require ments of

Section 91.151(b), entitled 

### Fuel requirements for flight in VFR

conditions. Petitioner submits that safety will not be affected by
operation of the DJI Phantom 2 Vision+ UA during daylight hours in visual
meteorological conditions (VMC) under visu al flight 

### rules (VFR), with
enough battery power to fly for a total duration of 25 minutes,
and will always be landed at the position it started from.

In accordance with 14 C.F.R. § 11.81, Petitioner provides
the following information in support of its pe tition for
exemption:9



### A. Name And Address Of The Petitioner.

Edward E. Mathews
Mailing address:
PO Box 1945; Yulee, FL 32041
Physical address:
85332 Miner Road; Yulee, FL 32097

Tel: (904) 225

- 0581

Cel l : (904) 314

- 4300

Email: edmathew@comcast.net

B. 

### The Sp ecific Sections Of 14 C.F.R. From Which Petitioner Seeks Exemption

.
1. Petitioner Se eks 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 a ny business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does n ot carry passengers or property for compensation or hire.


### 2. Petitioner S eeks Exemption From The Requirements Of Section 91.7( a)10 Section 91.7, entitled Civil aircraft airworthiness, subsection (a),
states the following:

(a) No person may operate a civil ai rcraft unless it is in an airworthy condition.


### 3. Petitioner Seeks Exemption From The Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings, subsection (a), states
the following, in part:

(a ) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-
( i) The current reported altimeter setting of a station along the route and wit hin 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
(iii) In the case of an aircraft not e quipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.



### 4. Petitioner Seeks Exemption From The Requirements Of Section 91.151(b).
Section 91.151, entitled Fuel requirements for flight in VFR
conditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing
an d, assuming normal cruising speed, to fly after that for at least 20 minutes.



### 5. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).11



### Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or oper ator 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 prescribe d in part 43 of this chapter

. 

### 6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1)
Section 91.407, entitled Operation after maintenance, preventive
maintenance, rebuilding, or alteration, subsection (a)(1), states
the following:

(a) No person may ope rate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- (1) It has been approved for return to service by a person authori zed under §43.7 of this chapter.

7. Petitioner S eeks Exemption From The Requirem ents 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 calend ar 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 certificat e in accordance with part 21 of this chapter.

8. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).
Section 91.417, entitled Maintenance records, subsections (a) and
(b), state the following:12 (a) Except for work perf ormed 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 record s 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 c ontaining 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 si nce last overhaul of all items installed on the aircraft which are required to be overha uled 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 und er which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the A D 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, prope llers, 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 fo r 1 year after the work is performed.13 (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 u nder § 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 Petitioner S eeks And The Reason Petitioner Seeks The Relief.

1. Extent Of Relief Petitioner S eeks And T he Reason Petitioner Seeks Relief From Section 61.113(a) And (b).


### Relief from Section 61.113(a) and (b) entitled Private
pilot privileges and limitations: Pilot in command, is requested
by Petitioner because the aircraft cannot carry passengers or

proper ty, and the flight of this aircraft is only incidental to

Petitioner’s business.

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 c onnection
with any business if: (1) The flight is only incidental to that
business; and (2) The aircraft does not carry passengers or
property for compensation or hire.

Petitioner submits that an equivalent level of safety will

be maintained because Peti tioner is an experienced hobby drone
pilot, and no other person will be allowed to act as PIC.
Additionally, as explained more fully below, the software used14



### by the Phantom 2 Vision+ has many safet y features and
capabilities that reduce incident likelihood

.

Further, Petitioner submits that all flights of the DJI
Phantom 2 Vision+ UAS, conducted by the PIC pursuant to the
grant of this Petition: (1) will be incidental to Petitioner ’s
business; and (2) will not carry passengers or property for
compensation or hire.

2. Extent Of Relief Petitioner S eeks And The Reason Petitioner Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft
airworthiness, is requested to the extent required to allow

Petitioner to determine that the DJI Phantom 2 Vision+ UAS is in
airworthy condition prior to every flight by ensuring that the

UAS and its operation are in compliance with the DJI Phantom 2

Vision+ Instruction Manual and Petitioner’s Preflight and

Mission Checklist ).

Petitioner seeks t he requested relief becau se the DJI

Phantom 2 Vision+ UA do es not require an airworthiness
certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefore, Petitioner will ensure that the DJI Phantom 2 Vision+

UAS is in airworthy condition based upo n its compliance with the

DJI Phantom 2 Vision+ Instruction Manual and Petitioner’s
Preflight and Mission Checklist prior to every flight, and15



### furt her, determine that the system is in condition for safe
flight, as stated in the conditions and limitations b elow.

3. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings,
may be required to allow flight operations of the DJI Phantom 2

Vision+ UA , which utilize s a barometric pressure sensor, GPS
equipment, and a radio communications telemetry data link to

downlink altitude information from the UA to the PIC at the
ground control station (GCS). Since the FAA requires that any
altitude information concerning UAS oper ations be reported to
air traffic control (ATC) in feet above ground level (AGL),

Petitioner seeks the requested relief because the DJI Phantom 2

Vision+ UA’s altimeter is automatically set on the ground to
zero feet AGL, rather than the local barometric p ressure or
field altitude, before each flight.

Considering the limited altitude of the proposed
operations, relief from 14 CFR 91.121 is sought to the extent
necessary to comply with the applicable conditions and
limitations stated below. As more fully se t forth herein, an
equivalent level of safety will be maintained since the DJI
Phantom 2 Vision+ UAs are equipped with a barometric pressure
sensor and GPS equipment, which automatically ensures that a16



### ground level pressure setting will be established prio r to each
flight, and provides the PIC with altitude information of the UA

on t he heads

- up display of the GCS.

4. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 91.151(b).
Relief from Section 91.151(b) entitled Fuel requirements
for flight in VFR conditions, is requested to the extent
required to allow flights of the battery p owered DJI Phantom 2

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

d uration of 25 minutes and will always be landed at the position

it started from

. Petitioner seeks the requested relief because
without an exemption from Section 91.151(b), the flight time
duration of the battery powered DJI Phantom 2 Vision+ UA will

severe ly constrain the practicality of any aerial video or still
photo flight operations that Petitioner proposes to conduct
pursuant to this Petition.

Significantly, as set forth below, the technical
specifications of the DJI Phantom 2 Vision+ UAS, the DJI Ph antom
2 Vision+ operating documents, and Petitioner’s proposed
operating limitations, ensure that Petitioner will safely
operate the battery powered DJI Phantom 2 Vision+ UAs during
daylight hours in visual meteorological conditions (VMC), under

visual fli ght rules (VFR), with enough battery power to fly for17



### a total duration of 25 minutes , and will always land at the
position it started from

.

5. Extent Of Relief Petitioner S eeks And The Reason Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).
Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &
(a)(2), and 91.417(a) & (b) only apply to aircraft with an
airworthiness certificate, Petitioner requests relief from these

Sections because the DJI Phanto m 2 Vision+ UAS does not require
airworthiness certificates. As set forth more fully below, the

DJI Phantom 2 Vision+ UAS meets the conditions of FMRA Section
333 for operation without an airworthiness certificate.
Accordingly, Petitioner will personally p erform owner

recommended maintenance such as battery charging and inspection
and propeller inspections, and will use DJI trained repair

facilities to perform more technical maintenance and alterations
on the UAS using the methods, techniques, and practices
prescribed in the DJI Phantom 2 Vision+ Instruction Manual.

D. The Reasons Why Granting Petitioner Request Would Be In The P ublic Interest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the public

interest by allowing Petitioner to safely, efficiently, and
economically perform aerial video and photography for his

clients over certain areas of the United States.18



### Additionally, use of the DJI Phantom 2 Vision+ UAS will
decrease congestion of the NAS, reduce p ollution, and provide
significant benefits to the economy. Notably, the benefits of

Petitioner’s proposed operation of the DJI Phantom 2 Vision+ UAS
will be realized without implicating any privacy issues.

1. The Public Will Benefit From D ecreased Conges tion Of The NAS.

The DJI Phantom 2 Vision+ UA is battery powered and serve s
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 perfor m aerial
acquisitions, an exemption allowing the use of a DJI Phantom 2

Vision+ UAS would reduce the amount of manned aircraft in the
NAS, reduce noise and air pollution, as well as increase the
safety of life and property in the air and on the ground.

F urthermore, by reducing the number of manned aircraft
operating in the NAS, congestion around airports caused by
arriving and departing aircraft will be reduced. The DJI Phantom

2 Vision+ UA do es not require an airport to takeoff or land.
Likewise, a reduc tion of manned aircraft conducting aerial video
and photography missions would result in fewer aircraft that
must be handled by air traffic control during the ground,19



### takeoff, departure, arrival, and landing phases of flight
operations.

2. The Public Wil l Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS.
Conducting aerial acquisitions with the DJI Phantom 2
Vision+ UAS, instead of manned aircraft, will greatly benefit
the public by drastically reducing the levels of air and noise

p ollution generated during traditional aerial video and still
photography flight operations. By using battery power and

electric motor s, the DJI Phantom 2 Vision+ UA produce s no air
pollution, and is the most viable environmentally conscious

alternative to the cabin class, six cylinder internal combustion
engine aircraft that are typically utilized for aerial video and
photography, while burning approximately 20

- 30 gallons per hour
of leaded aviation fuel. The DJI Phantom 2 Vision+ UA, while
reducing the car bon footprint of aerial acquisitions, also
eliminates noise pollution, as the UAs are propelled by battery
powered electric motors, rather than an internal combustion
engine.

By using the DJI Phantom 2 Vision+ UAS to perform aerial
acquisitions, the subs tantial 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 the20



### lack of flight crew members located onboa rd the aircraft, the
DJI Phantom 2 Vision+ UA (weighing approximately 2 pounds 11

ounces at its maximum gross weight, and with a length of 16

inches , width of 16 inches, and with no fuel on board), has less
physical potential for collateral damage to life and property on
the ground, and in the air, compared to the manned aircraft that
typically conduct similar operations (weighing approximately
6,000 pounds with a wingspan of approximately 42 feet, a length
of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision + UAS Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 2
Vision+ is also an economical alternative to using manned

aircraft to conduct sim ilar aerial operations. As such,
operation of the DJI Phantom 2 Vision+ UAS will allow United
States based companies, like Petitioner’s , 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 competitiv e.
Operating such battery powered aircraft is on e such technology
that not only allows companies greater operational flexibility
compared to manned aircraft, but provides such flexibility21



### without the high operational cost of a traditional manned

aircraft.

By operating systems similar to the DJI Phanto m 2 Vision+

UAS, entities similar to Petitioner’s 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 performan ce of
U.S. companies, through commercial use of such UAS s , will help
provide a stable workforce that increases consumer spending;
improves local, state, and federal tax revenues; and allows
companies to invest in research and development in order to

remain competitive both in the United States and abroad.

4 . There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations

that have been conducted for decades, Petitioner ’s proposed operation

of the DJI Phantom 2 Vision+ UAS will not implicate any privacy issues.
Specifically, the DJI Phantom 2 Vision+ UAS will be operated only in
compliance with the DJI Phant om 2 Vision+ Instruction Manual, which
requires property owner involvement as well as local law enforcement
notification, and i n accordance with the Federal Aviation Regulations,
including the minimum altitude requirements of 14 C.F.R. § 91.119 (a) and

(d) (1)

.



### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level22



### Of Safety At Least Equal To That Provided By The Rule From Which Petitioner S eeks Exemption. 1. Reasons Why The DJI Phantom 2 Vision+ UA Meet s 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, Petitioner ’s operation of the DJI Phantom 2 Vision+

UAS meet s the conditions of FMRA Section 333, and will not
require an airworthiness certificate in accord ance 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 capab ility, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of23 the national airspace system or the public or pose a t hreat to national security; and
(2) whether a certificate of waiver, certi ficate 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 i n the national airspace system. 

### In seeking this exemption, Petitioner submits that the DJI
Phantom 2 Vision+ UAS can operate safely in the NAS pursuant to
FMRA Section 333, as demonstrated by: (a) the characteristics of
the DJI Phantom 2 Vision+ UAS; (b) Petitioner’s experience as a
drone pilot ; a nd (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ 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, spe ed, and
operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS. 

### The technical specifications of the DJI Phantom 2 Vision+

UAS are set forth by the DJI Phantom 2 Vision+ S pecifications
and Data Sheet, attached hereto as Exhibit A.24 ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. 

### The DJI Phantom 2 Vision+ UAS may be operated in both

manual and fully autonomous flight modes. C ontrolle r software is
programed to prevent the UAS from operating above 394 feet AGL
or at a distance greater than 400 meters (when set to CE
compliance, as Petitioner’s is) or with in No Fly Zones , in

autonomous mode . In manual (also called ready to fly) mode,
operation above 394 feet AGL is prevented. A complete
description of the flight and navigational modes of the DJI
Phantom 2 Vision+ UAS is provided at pages 25

- 35 of the DJI
Phantom 2 Vision+ User Manual, attached h ereto as Exhibit B.

iii. The DJI Phantom 2 Vision+ UAS is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.


### When the Control Link is lost, the DJI Phantom 2 Vision+ UA
will remain stationary, in flight, for 3 seconds or more. If,
after 3 seconds, the DJI Phantom 2 Vision+ UA does not reacquire
control link data from the GCS, the UA will assume that the
Control Link is lost and the UA will return to the home position
(i.e., failsafe mode) via GPS, and will descend to the takeoff
position and shutdown.

A complete description 

### of the Failsafe Functions of the DJI Phantom
2 Vision+ UAS are set forth at pages 27 through 29 of the DJI Phantom 2
Vision+ User Manual, attached hereto as Appendix B.25 iv. Th e DJI Phantom 2 Vision+ GCS And Its Operation.


### A complete description of the operation and specifications
of the DJI Phantom 2 Vision+ GCS and flight control software is
provided at pages 32 through 43 of the DJI Phantom 2 Vision+

User Manual. DJI Phantom 2 Vision+ User Manual is attached

hereto as Exhibit B.

b. Flight Operations Of The DJI Phantom 2 Vision+ UAS Are Limited To The Line Of Sight Of Petitioner

.
Petitioner is experienced at operating the UAS, will limit
operations to line of site situations , and will not allow the
UAS to be operated by others

.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific Operating Lim itations.
In seeking this exemption, Petitioner proposes to
commercially operate a DJI Phantom 2 Vision+ U AS for the special
purpose of conducting aerial video and photography over certain
areas of United States, pursuant to the following specific
operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircr aft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this g rant.
2. UAS operations under this exemption will be limited to conducting operations for the purpose o f aerial video and photography , and camera controls will be set up prior to takeoff to avoid in

- flight distraction

.26 3 . The UA may not be flown at an in dicated airspeed exceeding 25 miles per hour

. 4. The UA must be operated at an altitude of no more than 396 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes repor ted to ATC must be in feet AGL.
5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses

.
6. T he use of first person view (FPV) is not permitted.

7. Since a ll operations will be conducted in remote locations or where danger to property or people does not exist, the need for a safety observer will not be necessary

.
8. In the unlikely event an SO i s needed, he or she must be adequately trained, 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 t he camera or other instrume nts.
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 an d 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 op erator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption . The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisi ons to the operating documents.
10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the in spection 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.27 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replace ment 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. inoper able components, items, or equipment, not already covered in the relevant secti ons of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/com

ponent, maintenance, overhaul, replacement, inspectio n, and life limit requirem ents.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulleti ns.
16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
17. Petitioner is the only person authorized to be the PIC , and the UAS will only be operated in auton omous mode except when evasive maneuvers are necessary , to regain control after the control signal is lost, or when satellite guidance is lost

.
18. Due to the size of Petitioner’s business and the fact that there are no employees, the need to train and ce rtify an alternate PIC does not exist.
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). If flight at night is required, a special request wi ll be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.
20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- publishe d 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 avai lable to the Administrator upon request.28 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 i ts GPS signal, it must return to the location from which it took off and land or be recovered in accordanc e with the operating documents.
23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordanc e with the operati ng 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 accomplish the photography or video goal, and land the UA with 25% battery p ower 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 Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potent ial transponder requir ements.
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 m ust 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
ove rsight agency requirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right of way to all manned aviation operatio ns and activities at all times.
30. The UAS may not be operated by the PIC fro m any moving device or vehicle.
31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, v ehicles, and structures unless:
a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA and/or debris in29 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 wi thin 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 saf ety 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 do not present an undue hazard to those persons per § 91.119(a).
32. All operations shall be con ducted 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 f or each flight to be conducted.
33. Any inc ident, 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 t he NTSB Web site: www.ntsb.gov

.
34. The integrated ground station function may not be used. 

### 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Sa fety.

Petitioner submits that the equivalent level of safety established
by Section 61.113(a) and (b) will be maintained because no individual

other than Petitioner will be allowed to operate the DJI Phantom 2 Vision+

UAS and Petitioner has demonstrated, by meeting minimum flight

- hour and
currency requirements, that Petitioner as PIC is able to safely operate
the DJI Phantom 2 Vision+ UAS in a manner consistent with the exemption,
including evasive and emergency maneuvers and maintaining appropriate

distan ces from people, vessels, vehicles and structures.30 Considering Petitioner ’s proposed area of operations, and the
operating limitations set forth

- above , and the airmanship skills necessary
to safely operate the DJI Phantom 2 Vision+ UAS, Petitioner submits that
the additional manned airmanship experience of a certificated pilot would
not correlate to the airmanship skills necessary for Petitioner’s specific
proposed flight operations.

Petitioner will not allow any other individual to operate the DJI

Phant om 2 Vision+ UAS for commercial purposes.

Petitioner submits that he has accumulated and logged, in a manner
consistent with 14 C.F.R. § 61.51(b), 31 hours of total time as a UAS
rotorcraft pilot operating the same make and model of UAS to be used for

ope rations under the exemption . In addition, each hour involved an average

of 9 takeoffs and landings.
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 Petitioner
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 Exempti on 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 rot orcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UA S 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 hour s may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour31 requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour require ments 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 a pplicable 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 fl ights 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, Petitioner will ensure safe operations by not allowing

any other individual to operate the DJI Phant om 2 Vision+ UAS ; and

Petitioner has demonstrated, by meeting minimum flight

- hour and currency
requirements, that the PIC is able to safely operate the DJI Phantom 2
Vision+ UAS in a manner consistent with the exemption, including evasive
and emergency man euvers and maintaining appropriate distances from people,
vessels, vehicles and structures.



### 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Wou ld Not Adversely Affect Safety.
The equivalent level of safety established by Section 91. 7(a) will
be maintained because prior to every flight, Petitioner will ensure that
the DJI Phantom 2 Vision+ UAS is in an airworthy condition based upon the
UAS’s compliance with its operating documents and as stated in the

conditions and limitations herei n.

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).32



### 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Wou ld Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.121 will be

mai ntained because the altitude information of the DJI Phantom 2 Vision+
UA will be provided to the PIC via GPS equipment and a radio
communications telemetry data link, which downlinks from the UA to the GCS
for active monitoring of the flight path and altit ude. This altitude
information, combined with Petitioner ’s operation of the DJI Phantom 2
Vision+ UA within visual line of sight, at or below 396 feet AGL, will
ensure a level of safety equivalent to Section 91.121. The altitude
information will be generat ed by GPS equipment installed onboard the
aircraft. Prior to each flight, a zero altitude initiation point is
automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific
to UAS, in circumstance s similar, in all material respects, to those
presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,
11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157,
11158, 11159, 11160, 11161).



### 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)Would Not Adversely Affect Safety.
A grant of this exemption would ensure an equivalent level of safety
established by 14 C.F.R. Section 91.151(b) as a result of (1) the
technical specifications of the DJI Phantom 2 Visio n+ UA S ; (2) the
limitations on the proposed flight operations; and (3) the location s of
the proposed flight operations. Accordingly, Petitioner will ensure that
it will safely operate the battery powered DJI Phantom 2 Vision+ UA during33

daylight hours in VF R conditions , 

### with enough battery power to fly

for a total duration of 25 minutes , and will always land at the
position it started from.

Here, as in Exemption No. 11109, the technical specifications of the

DJI Phantom 2 Vision+ UAS; the limitations on th e proposed flight
operations; and the location of the proposed operations, will ensure an
equivalent level of safety established by 14 C.F.R. Section 91.151(b).
Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ UAS
provide s audible and visua l warnings to the PIC at the GCS when the UAs
experiences low battery voltage, the first warning occurring at
approximately 33% remaining battery power, and again at approximately 10%
remaining battery power. At the critically low battery level, the DJI

Ph antom Vision+ UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning
Section 91.151 establish that safety is not adversely affected when the
technical characteristics and operating limitations of the UAS are
considered. Relief has been granted for manned aircraft to operate at less
than the minimums prescribed in Section 91.151, including Exemption Nos.
2689, 5745, and 10650. Moreover, the FAA has previously 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).34



### 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, Petitioner submits that the equivalent

level of safe ty 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 Petitioner will use
trained technicians to perform maintenance, alterat ions, or preventive
maintenance on the UAS using the methods, techniques, and practices
prescribed in the operating documents (i.e., Petitioner’s Preflight and

Mission Checklist , Monthly Maintenance Log, and DJI Phantom 2 Vision+
Instruction Manual).

Furt hermore, Petitioner will document and maintain all maintenance

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

will maintain the equivalent level of safet y established by Sections
91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2

Vision+ User Manual is attached hereto as Exhibit B; a copy of the DJI

Phantom 2 Vision+ UAS Maintenance LOG is attached hereto as Appendix D

.

Likewise, the exemption sought will not adversely affect safety

because Petitioner will use trained technicians to perform maintenance,
alterations or preventive maintenance on the UAS using the methods,
techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level
of safety established by Sections 91.407, 91.417(a) and 91.417(b), because
all maintenance of the DJI Phantom 2 Vision+ UAS will be performed by35

trained technicians. Maintenance will be d ocumented and maintained
utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning
Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &
(b) establish that safety is not adversely affected when the technical

characteristics and operating limitations of this UAS is considered.

In consideration of Petitioner proposed operating limitations, the
operating documents, and the technical aspects of the DJI Phantom 2
Vision+ UAS, Petitioner submits that safety will not be adversely affected
by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and
(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously
granted relief specific to UAS in circumstances similar, in all materi al
respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,
11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,
11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 7. The FAA May Prescribe Any Other Conditions For Saf e 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,
Petitioner requests that the FAA prescribe special conditions for the
intended operation of the DJI Phant om 2 Vision+ UAS, which contain such
safety standards that the Administrator finds necessary to establish a
level of safety equivalent to that established by 14 C.F.R. Part 21,
Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b),

91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such
special conditions will permit safe operation of the UAs for the limited36

purpose of conducting aerial video and photography over certain areas of
the United States for compensation or hire . FMRA Section 333 sets forth
the requirements for considering whether a UAS will create a hazard to
users of the NAS or the public, or otherwise pose a threat to national
security; and further, provides the authority for such UAS to operate

without airwor thiness certification in accordance with any requirements
that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions
pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+
UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not
contain adequate or appropriate safety standards, due to the novel or
unusual design features of the aircraft. Section 21.16, entitled Special
Conditions, states the following:



### If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 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 fi nds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. §
21.16, the FAA may prescribe special conditions for Petitioner’s intend ed
operation of the DJI Phantom 2 Vision+ UAS, which contain such safety
standards that the Administrator finds necessary to establish a level of
safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and37

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 Publ ished In The Federal Register, S tating: The Rules From Which Petitioner seeks Exemption:

Edward E. Mathews, dba Amelia Island I mages, 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 Petitioner Seeks:

This ex emption will permit Edward E. Mathews to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. 

### G. Any Additional Information, Views, Or Arguments Availab le To Support Petitioner’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, Petiti oner 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, Petitioner will operate the DJI
Phantom 2 Vision+ UASs safely in the N AS, without creating a hazard to
users of the NAS, or the public, or otherwise pose a threat to national
security.38 

### CONCLUSION

As set forth herein, Petitioner seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of
2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+
UAS commercially, without an airworthiness certificate, for the limited
purpose of conducting aerial video and photography over certain areas of
the United States. By granting this Petition, the FAA Administrator will
be fulfilling the Congressional mandate of the FAA Modernization and
Reform Act of 2012, while also advancing the interests of the public, by
allowing Petitioner to safely, efficiently, and economically o perate the
DJI Phantom 2 Vision+ UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and
the FAA Modernization and Reform Act of 2012, Section 333, Petitioner
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 Petitioner to operate the DJI

Phantom 2 Vision+ UAS comme rcially for the purpose of conducting aerial
video and photography over cert ain areas of the United States.

Dated: May 25 , 2015
Respectfully submitted,

Edward E. Mathews

______________________________________39

Appendices: A

– DJI Phantom 2 Vision+ Specifications Data Sheet B

– DJI Phantom 2 Vision+ Manufacturer’s User Manual C

- A melia I sland I mages P reflight A nd M ission C hecklist D

– Monthly Maintenance Log E

– Aircraft Registration Application

APPENDIX

– A 

## DJI PHANTOM 2 VISION+ TECHNICA L SPECIFICATIONS

DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to n o higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone)

1.1. DJI Phantom 2 Vision + 1.1.1. Aircraft 1.1.1.1. Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2. Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3. Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4. Max Yaw Angular Velocity

- 200°/s 1.1.1.5. Max Tilt Angel

- 35° 1.1.1.6. Max Ascent Sp eed

– 6m/s 1.1.1.7. Max Descent Speed

– 2m/s 1.1.1.8. Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2. Gimbal 1.1.2.1. Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2. Control Accuracy

- ±0.03° 1.1.2.3. C ontrollable Range

– Pitch:

- 90°

- 0° 1.1.2.4. Maximum Angular Speed

– Pitch: 90°/s 1.1.3. Camera 1.1.3.1. Operatin g Temperature Range

- 32°F

- 104°F (0°C

- 40°C) 1.1.3.2. Sensor Size

– 1/2.3” 1.1.3.3. Effective Pixels

– 14M 1.1.3.4. Resolution

– 4384x3288 1.1.3.5. HD Video Recording

– 1080p30 & 720p 1.1.3.6. Recording Field of View

- 110°/85° 1.1.4. Transmitter 1.1.4.1. Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2. Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3. Receiver Sensitivity (1%PER)

-- 93dBm 1.1.4.4. Transmitter Power

– FCC Compliance: 100mW 1.1.4.5. Working Voltage

– 8 0mA@ 6 V 1.1.5. Range Extender 1.1.5.1. Operating Frequency

– 2412

- 2462MHz 1.1.5.2. Communication Distance (unobstructed)

– 500

- 700 m 1.1.5.3. Transmitter Power

– 20dBm 1.1.5.4. Power Consumption

– 2W40 APPENDIX

– B 

## DJI Phantom 2 Vis ion+ Manufacturer’s User Manual

(reprint authorized by DJI Global)4142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990 APPENDIX

– C 

## AMELIA ISLAND IMAGES PREFLIGHT AND MISSION CHECKLIST

1. Remote c ontroller, smart battery, range e xtender and smartphone are fully charg ed.
2. Propellers are undamaged and mounted correctly.
3. Aircraft inspected and no conditions affecting safe operation exist.
4. Gimbal clamp has been removed.
5. Damping absorbers are in good condition, not broken or worn.
6. Anti

- drop kits have been mounted correctly.

7. Camera lens cap has been removed.
8. Micro

- SD car d has been inserted

. 9. Gimbal is functioning as normal ly

. 10. Motors can start and are functioning as normal.
11. DJI VISION App can connect to the camera.
12. UAS on

- board compass calibration successfully completed
13. Prop gu ards installed if required for additional safety.
14. Weather satisfactory ( wind less than 12 mph , visibility greater than 3 miles , no clouds below 3000 feet AGL)

15. Distance from nonparticipating persons at least 500 feet.
16. Distance from airports exceeds FAA guid elines for each airport category.
17. Permission obtained from the land owner/controller or authorized representative.
18. Operating documents and grant of exemption or COA accessible and available.
19. Look for and take into account the presence of any wildlife, mann ed aircraft, and obstacles.
20. Controller switches are set to autonomous flight mode.
21. Camera controls are set up prior to takeoff.
22. At least six (6) satellites are locked on.

23. All flight parameters are displayed on monitor (speed, distance, altitude, and batter y levels)

24. All appropriate law enforcement agencies have been notified.91 APPENDIX

– D 

## AMELIA ISLAND IMAGES MONTHLY MAINTENANCE LOG92 APPENDIX

– E 

## PHOTOCOPY OF AIRCRAFT REGISTRATION APPLICATION