June, 30 2015 

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: REQUEST AN EXEMPTION 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 DJI Phantom 

2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

John Fregonese

President 

Fregonese Associates

1525 SW Park Ave, Suite 200

Portland, OR

503-228-3054

john@frego.com

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TABLE OF CONTENTS

CONTENTS

TABLE OF CONTENTS..............................................................................................................................2

GLOSSARY OF ABBREVIATIONS ..........................................................................................................4

SUMMARY..................................................................................................................................................5

INTRODUCTION AND INTERESTS OF THE PETITIONER..................................................................5

BACKGROUND ..........................................................................................................................................5

Unmanned Aircraft Systems: DJI Phantom 2, UAS .................................................................................5

BASIS FOR PETITION ...............................................................................................................................7

A. Name And Address Of The Petitioner. ....................................................................................................8

B. The Specific Sections Of 14 C.F.R. From Which FREGONESE ASSOCIATES Seeks Exemption. .....8

1. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Section 61.113(a) And 

(b)..............................................................................................................................................................8

2. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Section 91.7(a)...........9

3. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Section 91.121. ..........9

4. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Section 91.151(b).......9

5. FREGONESE ASSOCIATES Seeks Exemption From The Requirement Of Section 91.405(a).........9

6. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Section 91.407(a)(1) 10

7. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Sections 91.409(a)(1) 

And 91.409(a)(2).....................................................................................................................................10

8. FREGONESE ASSOCIATES Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b).................................................................................................................................................10

C. The Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks The Relief. ...............................................................................................................12

1. Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks Relief From Section 61.113(a) And (b)...............................................................12

2. Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks Relief From Section 91.7(a). ...............................................................................12

3. Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks Relief From Section 91.121.................................................................................13

4. Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks Relief From Section 91.151(b). ...........................................................................13

5. Extent Of Relief FREGONESE ASSOCIATES Seeks And The Reason FREGONESE 

ASSOCIATES Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b). ......................................................................................................................................14

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D. The Reasons Why Granting FREGONESE ASSOCIATES Request Would Be In The Public Interest; 

That Is, How It Would Benefit The Public As A Whole. ...........................................................................15

1. The Public Will Benefit From Decreased Congestion Of The NAS...................................................15

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 UAS...................15

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 UAS Will Benefit 

The Economy..........................................................................................................................................16

4. There Are No Privacy Issues. .............................................................................................................16

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 FREGONESE ASSOCIATES Seeks Exemption............................................................................17

1. Reasons Why The DJI Phantom 2 UAS Meet The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333. ............................................................................................17

a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe Characteristics.................18

i. Technical Specifications Of The DJI Phantom 2 UAS. ......................................................................18

ii. The DJI Phantom 2 UAS Global Positioning Modes Enable The UAS To Remain Within A 

Defined Operational Area. .......................................................................................................................18

iii. The DJI Phantom 2 UAS Are Designed For Automatic Return To Home Point Or Hover In The 

Event Of Loss Of The Control Link Or Navigation. .............................................................................18

iv. The DJI Phantom 2 GCS And Its Operation. ...................................................................................18

b. Flight Operations Of DJI Phantom 2 UAS Is Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer. ..........................................................................................18

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

....................................................................................................................................................................18

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

Adversely Affect Safety..........................................................................................................................23

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

Affect Safety. ..........................................................................................................................................24

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely 

Affect Safety. ..........................................................................................................................................24

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

Affect Safety. ..........................................................................................................................................25

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.................................25

7. The FAA May Prescribe Any Other Conditions For Safe Operation. ................................................26

CONCLUSION...........................................................................................................................................29

Appendices..................................................................................................................................................30

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GLOSSARY 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 Aviation 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) 

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

VTOL Vertical Takeoff and Landing

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SUMMARY

Fregonese Associates, Inc., an Oregon corporation, hereafter referred to as FREGONESE 

ASSOCIATES, 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 (DJI Phantom 2) pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA). This exemption will permit FREGONESE ASSOCIATES to 

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial 

video and photography of public areas, civil landscapes, construction sites, and residential and 

commercial real estate, over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

FREGONESE ASSOCIATES has for over fifteen years provided its clients (which include private 

sector businesses and non-profits, municipal, county, and state governments, regional planning 

authorities, and local, state and federal agencies) with expertise and knowledge in urban planning, 

urban design, and real estate development. One of the components of our services are photo-based 

renderings of future development. In the past we have used commercial aircraft to obtain these 

photographs. The objective of FREGONESE ASSOCIATES and our Unmanned Aircraft System 

(DJI Phantom 2) aerial operations is to provide a more affordable, high-quality aerial photograph 

production system for a variety of governmental, commercial, public, and private land use 

planning purposes, specifically targeting:

• Public areas

• Photo-based renders

• Areal imagery

• Residential and commercial real estate

Members of our staff have safely flown small RC electric quadcopters for recreational purposes, 

without incident. We would use their skills and background to continue operating our UAS for 

commercial purposes, in providing clients with urban planning services.

BACKGROUND

UNMANNED AIRCRAFT SYSTEMS: DJI PHANTOM 2, UAS

FREGONESE ASSOCIATES seeks an exemption to operate DJI Phantom 2 system for 

compensation or hire within the NAS. The DJI Phantom 2 is vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2.2 lb. while 

having a diagonal dimension of 16.1”, a maximum speed of approximately 16.4’fps and a 

maximum flying height of 400'. The DJI Phantom 2 is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 that will be operated by FREGONESE ASSOCIATES will be registered in 

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

5
Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking.

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BASIS FOR PETITION

Petitioner, FREGONESE ASSOCIATES, pursuant to the provisions of the Federal Aviation 

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

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 2, 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, FREGONESE ASSOCIATES operation of DJI Phantom 2 

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. 

Accordingly, FREGONESE ASSOCIATES 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. 

FREGONESE ASSOCIATES submits that the requested relief is proper since an equivalent level 

of safety will be ensured. FREGONESE ASSOCIATES will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

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

Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, FREGONESE 

ASSOCIATES will document and maintain all maintenance records for the DJI Phantom 2 UAS. 

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

limitations: Pilot in command, is requested by FREGONESE ASSOCIATES to the extent 

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

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in 

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

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

FREGONESE ASSOCIATES seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, FREGONESE ASSOCIATES submits 

that they will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight, 

by determining that the UAS are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 2 Instruction Manual), and that the aircraft are in a condition 

for safe flight. 

FREGONESE ASSOCIATES also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 2 UAS will be provided to the PIC 

via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UAS to the GPS for active monitoring of the flight path. This altitude 

7
information, combined with FREGONESE ASSOCIATES’ operation of the DJI Phantom 2 UAS 

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. 

Additionally, FREGONESE ASSOCIATES seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. FREGONESE ASSOCIATES 

submits that safety will not be affected by operation of the DJI Phantom 2 UAS during daylight 

hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power to fly for a total duration of approximately 23 minutes. Battery power indicators 

are also able to show exactly how much battery power is left, as well as how much time is needed 

to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, FREGONESE ASSOCIATES provides the following 

information in support of its petition for exemption:

A. NAME AND ADDRESS OF THE PETITIONER. 

The name and address of the Petitioner and point of contact is:

Fregonese Associates, Inc.

John Fregonese, President

1525 SW Park Ave, Suite 200

Portland, OR

503-228-3054

john@frego.com

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

FREGONESE ASSOCIATES SEEKS EXEMPTION. 

1. FREGONESE ASSOCIATES 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 

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

2. FREGONESE ASSOCIATES 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. FREGONESE ASSOCIATES 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 

(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. FREGONESE ASSOCIATES 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. FREGONESE ASSOCIATES 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[.] 

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6. FREGONESE ASSOCIATES 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. FREGONESE ASSOCIATES 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. FREGONESE ASSOCIATES SEEKS EXEMPTION FROM THE 

REQUIREMENTS OF SECTIONS 91.417(A) AND 91.417(B). 

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

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

registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section: 

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

of the 100-hour, annual, progressive, and other required or approved inspections, 

as appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include--

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

work performed; and 

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

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

for return to service. 

(2) Records containing the following information: 

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

rotor. 

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

rotor, and appliance. 

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

required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the aircraft and 

its appliances are maintained. 

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

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

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

recurring action, the time and date when the next action is required. 

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

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

appliances. 

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

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

the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

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

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

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C. THE EXTENT OF RELIEF FREGONESE ASSOCIATES

SEEKS AND THE REASON FREGONESE ASSOCIATES

SEEKS THE RELIEF. 

1. EXTENT OF RELIEF FREGONESE ASSOCIATES SEEKS AND THE 

REASON FREGONESE ASSOCIATES SEEKS RELIEF FROM SECTION 

61.113(A) AND (B). 

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

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level 

certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour 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, FREGONESE ASSOCIATES submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless 

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

to safely operate either the DJI Phantom 2 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, as well 

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

Further, FREGONESE ASSOCIATES submits that all flights of the DJI Phantom 2 UAS, 

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

ASSOCIATES’ business; and (2) will not carry passengers or property for compensation or hire. 

2. EXTENT OF RELIEF FREGONESE ASSOCIATES SEEKS AND THE 

REASON FREGONESE ASSOCIATES 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 FREGONESE ASSOCIATES to determine that the DJI Phantom 2 UAS are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., FREGONESE ASSOCIATES Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Instruction Manual). 

FREGONESE ASSOCIATES seeks the requested relief because the DJI Phantom 2 UAS do not 

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

FREGONESE ASSOCIATES will ensure that the DJI Phantom 2 UAS are in airworthy condition 

based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

12
Phantom 2) prior to every flight, and further, determine that the aircraft are in condition for safe 

flight, as stated in the conditions and limitations below.

3. EXTENT OF RELIEF FREGONESE ASSOCIATES SEEKS AND THE 

REASON FREGONESE ASSOCIATES 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 UAS, which utilize a barometric pressure sensor, GPS equipment, and a 

radio communications telemetry data link to downlink altitude information from the UA to the PIC 

at the ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), FREGONESE ASSOCIATES seeks the requested relief because the DJI Phantom 2 UA’s 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or 

field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

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

more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 

2 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically 

ensures that a ground level pressure setting will be established prior to each flight, and provides 

the PIC with altitude information of the UA on the heads-up display of the GCS. 

4. EXTENT OF RELIEF FREGONESE ASSOCIATES SEEKS AND THE 

REASON FREGONESE ASSOCIATES SEEKS RELIEF FROM SECTION 

91.151(B). 

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

to the extent required to allow flights of the battery powered DJI Phantom 2 UAS during daylight 

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

duration not to exceed 23 minutes. FREGONESE ASSOCIATES seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery 

powered DJI Phantom 2 UAS will severely constrain the practicality of any aerial video or still 

photo flight operations that FREGONESE ASSOCIATES proposes to conduct pursuant to this 

Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS, the DJI 

Phantom 2 operating documents, and FREGONESE ASSOCIATES’ proposed operating 

limitations, ensure that FREGONESE ASSOCIATES will safely operate the battery powered DJI 

Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.

13
5. EXTENT OF RELIEF FREGONESE ASSOCIATES SEEKS AND THE 

REASON FREGONESE ASSOCIATES 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, FREGONESE ASSOCIATES requests relief from these 

Sections because the DJI Phantom 2 UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 2 UAS meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, FREGONESE ASSOCIATES will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed in the UAS operating documents (i.e., the 

FREGONESE ASSOCIATES Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Instruction Manual). Furthermore, FREGONESE ASSOCIATES will document and 

maintain all maintenance records for the DJI Phantom 2 UAS. 

14
D. THE REASONS WHY GRANTING FREGONESE 

ASSOCIATES REQUEST WOULD BE IN THE PUBLIC 

INTEREST; THAT IS, HOW IT WOULD BENEFIT THE 

PUBLIC AS A WHOLE. 

Granting the present Petition will further the public interest by allowing FREGONESE 

ASSOCIATES to safely, efficiently, and economically perform aerial video and photography of 

public areas, civil landscapes, construction sites, and residential and commercial real estate over 

certain areas of the United States for land use planning purposes. 

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce 

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

ASSOCIATES’ proposed operation of the DJI Phantom 2 UAS will be realized without 

implicating any privacy issues. 

1. THE PUBLIC WILL BENEFIT FROM DECREASED CONGESTION OF 

THE NAS. 

The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 2 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. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 UAS do not 

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial 

video and photography missions would result in fewer aircraft that must be handled by air traffic 

control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. THE PUBLIC WILL BENEFIT FROM THE SAFETY AND EFFICIENCY OF

THE DJI PHANTOM 2 UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

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

electric motors, the DJI Phantom 2 UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UAS, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery 

powered electric motors, rather than an internal combustion engine. 

15
By using the DJI Phantom 2 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 DJI Phantom 2 UAS (weighing 

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 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 UAS WILL BENEFIT THE ECONOMY. 

In addition to being safe and efficient, the DJI Phantom 2 UAS are also an economical alternative 

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

Phantom 2 UAS will allow United States based companies, like FREGONESE ASSOCIATES, 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 DJI Phantom 2 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 DJI Phantom 2 UAS, companies such as FREGONESE ASSOCIATES, can 

remain competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 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. 

4. THERE ARE NO PRIVACY ISSUES. 

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

FREGONESE ASSOCIATES’ proposed operation of the DJI Phantom 2 UAS will not implicate 

any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in compliance with 

operating documents (i.e., FREGONESE ASSOCIATES Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

16
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 FREGONESE ASSOCIATES SEEKS 

EXEMPTION. 

1. REASONS WHY THE DJI PHANTOM 2 UAS MEET THE CONDITIONS OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA) 

SECTION 333. 

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

unmanned aircraft and its operation, FREGONESE ASSOCIATES’ operation of the DJI Phantom 

2 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate 

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

Section 333 provides authority for a 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. 

17
In seeking this exemption, FREGONESE ASSOCIATES submits that the DJI Phantom 2 UAS

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

characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; and (c) the 

specific operating limitations. 

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

The DJI Phantom 2 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 DJI Phantom 2 UAS. 

The technical specifications of the DJI Phantom 2 UAS are set forth by the DJI Phantom 2 User 

Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 2 UAS Global Positioning Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The DJI Phantom 2 UAS may be operated in both manual and global positioning flight modes. A 

complete description of the flight and navigational modes of the DJI Phantom 2 UAS is provided 

at pages 11 of the DJI Phantom 2 User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 2 UAS Are 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 UAS will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS does not reacquire control link data 

from the GCS, the UAS will assume that the Control Link is lost and the 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 UAS are set forth at pages 

12 through 14 of the DJI Phantom 2 User Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 GCS and flight 

control software is provided at pages 23 through 29 of the DJI Phantom 2 User Manual. DJI 

Phantom 2 User Manual is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 2 UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

FREGONESE ASSOCIATES video production staff will be the only persons to act as a pilot in 

command (PIC) of the DJI Phantom 2 UAS. Additionally, a safety observer will assist him at all 

times during flight time. 

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

18
In seeking this exemption, FREGONESE ASSOCIATES proposes to commercially operate DJI 

Phantom 2 UAS 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 

aircraft described in the operating documents, rotorcraft UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft Systems. Proposed 

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

grant. 

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

purpose of aerial video and photography. 

 3. The UAS may not be flown at an indicated airspeed exceeding 20 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 unless a 

special request is made and approved by ATC. All altitudes reported 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, as specified on the PIC’s FAA-issued airman medical certificate. 

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

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

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

PIC must be able to communicate verbally at all times. Electronic messaging or texting 

is not permitted during flight operations. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must 

ensure that the SO can perform the functions prescribed in the operating documents. 

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

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments. 

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

19
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 revisions 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 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. 

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. Prior to any flight, 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-rotor UAS, 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, and has 

demonstrated that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

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

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 

20
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). Flights for the purposes of training the 

operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA with 

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

19. 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 will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

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

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

in accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining. 

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

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

exemption. 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 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 (N21
Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

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

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

or other appropriate government oversight agency requirements. 

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

the PIC at the Ground Control Station of the 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. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that 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, SO, operator trainees or essential persons do not 

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

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

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

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's 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. 

22
2. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 61.113(A) AND (B) WOULD NOT ADVERSELY AFFECT SAFETY.

FREGONESE ASSOCIATES submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 

2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent 

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

distances from people, vessels, vehicles and structures. 

Considering FREGONESE ASSOCIATES’ proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 2 UAS, FREGONESE 

ASSOCIATES submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for FREGONESE 

ASSOCIATES’ specific proposed flight operations. 

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). 

The FREGONESE ASSOCIATES will not allow any PIC to operate the DJI Phantom 2 UAS 

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

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

Phantom 2 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 (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 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety during 

FREGONESE ASSOCIATES’ 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-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 UAS 

23
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 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption 

No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely 

conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

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

this requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. During 

training, proficiency, and 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, FREGONESE ASSOCIATES will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 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, FREGONESE ASSOCIATES will ensure that the DJI Phantom 2 UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as stated 

in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 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). 

4. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 

SECTION 91.121 WOULD NOT ADVERSELY AFFECT SAFETY.

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 2 UAS will be provided to the PIC via GPS equipment 

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

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

FREGONESE ASSOCIATES’ operation of the DJI Phantom 2 UAS within visual line of sight, at 

24
or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, 

a zero altitude initiation point is automatically established by the UAS at ground level. 

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). 

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 UAS; (2) the 

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

Accordingly, FREGONESE ASSOCIATES will ensure that it will safely operate the battery 

powered DJI Phantom 2 UAS during daylight hours in VFR conditions, with enough battery power 

to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 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 DJI Phantom 2 UAS provide audible and visual 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 Phantom 2 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). 

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, FREGONESE ASSOCIATES submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established by 

25
Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

FREGONESE ASSOCIATES will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

operating documents (i.e., FREGONESE ASSOCIATES Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, FREGONESE 

ASSOCIATES will document and maintain all maintenance records for the DJI Phantom 2 UAS. 

Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating documents, 

FREGONESE ASSOCIATES will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 User Manuals are attached 

hereto as Appendix A and B; a copy of the DJI Phantom 2 UAS Maintenance LOG is attached 

hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because FREGONESE 

ASSOCIATES 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 UAS

will be performed by trained technicians. Maintenance will be documented 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 the UAS are considered. 

In consideration of FREGONESE ASSOCIATES’ proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 UAS, FREGONESE ASSOCIATES

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 material respects, to those presented 

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. THE FAA MAY PRESCRIBE ANY OTHER CONDITIONS FOR SAFE 

OPERATION. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, FREGONESE ASSOCIATES requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 2 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 limited purpose of 

conducting aerial video and photography over certain areas of the United States for compensation 

or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

26
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 DJI Phantom 2 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. 

See 14 C.F.R. § 21.16.

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

special conditions for Leading Edge’s intended operation of the DJI Phantom 2 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).

• A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which FREGONESE ASSOCIATES Seeks Exemption: 

FREGONESE ASSOCIATES 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 FREGONESE ASSOCIATES Seeks: 

This exemption will permit FREGONESE ASSOCIATES to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support 

FREGONESE ASSOCIATES’ Request. 

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

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

may operate safely in the NAS. As such, FREGONESE ASSOCIATES’ 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, FREGONESE ASSOCIATES will operate the DJI Phantom 2 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. 

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CONCLUSION

As set forth herein, FREGONESE ASSOCIATES 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 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 FREGONESE ASSOCIATES to safely, efficiently, and 

economically operate the DJI Phantom 2 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, FREGONESE ASSOCIATES respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 UAS

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

United States.

Dated: June 30, 2015

Respectfully submitted,

John Fregonese

President 

Fregonese Associates

1525 SW Park Ave, Suite 200

Portland, OR

503-228-3054

john@frego.com

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APPENDICES

A – Link to DJI Phantom 2 Manual: Click on link below

http://download.dji-innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

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