UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINTSTRA T10N 

W ASHfNGTON, DC 

Regulatory Docket No. _____ _ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

AVALON AERIAL, LLC 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 91.9(b), 91.203(a), 91.203(b), 45.23(b) AND 21.185 

CONCERNING OPERA liON OF AN UNMANNED AIRCRAFT SYSTEM 

OVER THE STATE OF MICHIGAN, INDIANA, ILLINOIS, OHIO, 

WISCONSIN & FLORIDA 

PURSUANT TO SECTION 333 OF THE 

FAA MODERNIZATION AND REFORM ACT OF2012 

Submitted on October 27, 2015 

lan T. Steenhagen, Gabriel f. De Aguiar 

Valim, & Lucas A. f reudenburg 

A val on Aerial, LLC 

2448 A val on Woods Dr. 

Portage. Michigan 49024-7738 

Tel: (269) 903-8712 

Petitioners 
TABLE OF CONTENTS 

Page 

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

SUMMARY .......................................................................................................................... 4 

fNTRODUCTIOJ\ A D INTERESTS OF PETITIO ER .................................................. .4 

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

BASIS FOR PETITION ................................................................................................. ... ... 6 

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

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

AERIAL, LLC SEEKS EXEMPTION ........................................................................... 7 

THE EXTEN1 OF RELIEF AVALON AERIAL, LLC SEEKS AND 

THE REASON AVALON AERIAL LLC SEEKS THE RELIEF ............................. 9 

THE REASONS WHY GRANTING AVALON AERIAL, LLC'S 

REQUEST WOULD BE TN THE PUBLIC INTEREST. ............................................. 12 

THE REASO S WHY GRANTING THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY .......................................................... ............ 17 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG ISTER ........... 29 

ANY ADDITIONAL INFORMATION. VIEWS. OR ARGUMENTS 

AVAILABLE TO SUPPORT AVALON AERIAL, LLC'S REQUEST ......... ......... .... 29 

CONCLUSION ... ... ............................................................................................................ 30 

2 
AGL 

ATC 

COA 

FAA 

FAR 

NAS 

Section 333 

SMS 

UAS 

VFR 

VMC 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Air Traffic Control 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

National Airspace System 

FAA Modernization and Reform Act of2012, Section 333 

Safety Management System 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Meteorological Conditions 

3 
SUMMARY 

Avalon Aerial. LLC seeks exemption from the requirements of 14 C.F.R. § 91.9(b). 

91.203(a). 91.203(b), 45.23(b) and 21.1 85. This exemption will permit Avalon Aerial. LLC to 

operate an Unmanned Aircraft System ( .. UAS'') over areas of the States of Michigan, Indiana. 

Illinois, Ohio. Wisconsin and Florida, while keeping the documents required by the regulations at 

the ground control station and immediately accessible to the pilot in command. Furthermore. the 

exemption will relieve Avalon Aerial, LLC from the airworthiness certificate standards and the 

requirement to ha-ve a certificate of airworthiness issued for its UAS. This exemption will also 

permit any required markings concerning the operational status of the UAS to be displayed on the 

fuselage of the unmanned aircraft. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

A val on Aerial. LLC (hereinafter referred to as .. A val on Aerial .. ) is a startup contracting 

firm servicing the real estate, infrastructure, agriculture and motion picture industries. Avalon 

Aerial has recentl) acquired a DJI Phantom II Unmanned Aircraft System (hereinafter referred to 

as the "DJI Phantom II UAS"). As set forth in this Petition, Avalon Aerial seeks to operate its DJI 

Phantom If UAS for the special purpose of aerial videography and cinematography. infrastructure 

inspection, jobsite pre-construction video documentation. crop I field data collection and 

documentation. 

4 
BACKGROUND 

Urunrumed Aircraft System: DJI Phantom II UAS 

Avalon Aerial seeks an exemption to operate a DJI Phantom II UAS, Serial No. 

PH645332889 Vl.O, registration nw11ber1 to be determined, for compensation or hire within the 

national airspace system ( .. NAS''). The DJI Phantom II UAS is comprised of an unma1med quadrotor aircraft and a transportable ground station. The DJI Phantom 11 UAS has a maximum gross 

weight of approximately 4.4 pounds (2000 grams), while having a diagonal length of 13.7 inches 

(350mm). The DJI Phantom II unmanned quad-rotor is equipped with four independent electric 

motors tumjng fixed pitch rotors powered by a single Lithium Polymer battery. 

·, if/11" - ,..... -•• 

Figure 1: The DJI Phantom II UAS 

1 A val on Aerial has not reserved a registration number, but has submitted an Aircraft Registration 

Application prior to this Petition. 

5 
Proven Operational History of the DJI Phantom II UAS in the NAS 

The DJI Phantom 11 UAS is a common, commercially available. model of remote multirotor aircraft. It is currently operating safely within the NAS pursuant to Advisory Circular 91-

57. June 9. 1981. f he DJI Phantom family of aircraft has been operating worldwide since 2006. 

BASIS FOR PETITION 

Petitioner, Avalon Aerial, LLC. by and through undersigned. pursuant to the provisions of 

the Federal Aviation Regulations (14 C.F.R. § 11 .61) and the FAA Modernization and Reform 

Act of2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions 

the Administrator for an exemption from the requirements of 14 C.F.R. §§ 91.9(b ). 9 1.203(a). 

91.203(b). 45.23(b), as well as the restricted category airworthiness certification standards 

specified in 14 C.F.R. § 21.185. including the requirement to have a certificate of airworthiness as 

contemplated by 14 C. F.R. Part 21. 

In the alternative. and in accordance with Federal Aviation Regulation ( .. FAR .. ) Section 

21. 16, entitled Special Conditions ( 14 C.F.R. § 21.16), Avalon Aerial respectfully requests that 

the Administrator prescribe special conditions for the intended operation of the DJI Phantom II 

UAS that contain such satety standards as the Administrator finds necessary to establish a level of 

safety equivalent to that established by the restricted category airworthiness certification 

standards specified in 14 C.F.R. § 21.185. Ln the alternative. A \'alan Aerial seeks an exemption 

from the requirement to have a certificate of airworthiness issued for its DJI Phantom II UAS. as 

otherwi.se contemplated by 14 C.F.R. Part 21. 

In accordance with 14 C.F.R. § 11.81. I\ valon Aerial provides the following information 

in support of its petition for exemption: 

6 
A. Name and Address of the Petitioner. 

The name and address of the Petitioner is: 

A val on Aerial, LLC 

2448 Avalon Woods Dr. 

Portage, Michigan 49024-7738 

The point of contact for this Petition and specific contact information is as 

follows: 

Lucas Freudenburg 

UAS Project Manager 

A val on Aerial, LLC 

2448 Avalon Woods Dr. 

Portage, Michigan 49024-773 8 

Tel: (586) 596-5118 

Emai I: lucas. freudenburg@gmail.com 

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

1. Avalon Aerial Seeks Exemption From The Requirement Of Section 91.9(b). 

Avalon Aerial seeks an exemption from 14 C.F.R. § 91.9(b). Section 91.9 entitled 

Civil aircraft f light manual, marking, and placard requirements, subsection (b) 

states the following: 

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

(1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter unless there is available in the aircraft a current, approved Airplane 

or Rotorcraft Flight Manual or the manual provided for in § 121.141 (b); and 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 

of this chapter, unJess there is available in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. 

2. Avalon Aerial Seeks Exemption From The Requirements Of Sections 91.203(a) 

and 91.203(b ). 

Avalon Aerial seeks an exemption from 14 C.F.R. § 91.203(a) and (b). Section 

7 
91.203 entitled Civil aircraft: Certifications required, subsections (a) and (b) state 

the following: 

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

has within it the following: 

(1) An appropriate and current airworthiness certificate. Each U.S. 

airworthiness certificate used to comply with this subparagraph (except a 

special flight permit. a copy of the applicable operations specifications issued 

under § 2 1.197( c) of this chapter, appropriate sections of the air carrier manual 

required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under § 21. 197(c), or an authorization under § 

91.6 1 I) must have on it the registration number assigned to the aircraft under 

part 4 7 of this chapter. However, the airworthiness ce1ti ficate need not have on 

it an assigned special identification number before I 0 days after that number is 

first affixed to the aircraft. A revised airworthiness certificate having on it an 

assigned special identification number. that has been affixed to an aircraft. may 

only be obtained upon application to an FAA Flight Standards district office. 

(2) An effective U.S. registration certificate issued to its owner or, tor operation 

within the United States, the second copy of the Aircraft registration 

Application as provided for in § 4 7.31 (c). or a registration certification issued 

under the laws of a foreign country. 

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

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

3. Avalon Aerial Seeks Exemption From The Requirements Of Section 45.23(b). 

Avalon Aerial seeks an exemption from 14 C.F.R. § 45.23(b). Section 45.23 

entitled Display of marks: general. subsection (b), states the following: 

(b) When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on 

that a ircraft near each entrance to the cabin. cockpit. or pilot station, in letters not 

less than 2 inches nor more than 6 inches high. the words "limited," "restricted." 

"light-sport." "experimental," or "provisional," as applicable. 

4. Avalon Aerial Requests Relief To Exempt The DJI Phantom II UAS From The 

Restricted Category Ainvorthiness Certification Standards Specified In 14 

C.F.R. §21.185. 

8 
In accordance with the FAA Modernization and Refom1 Act of2012, Section 333. 

and 14 C.F.R. § 21.16 entitled Special Condition , Avalon Aerial seeks to exempt 

the DJI Phantom II UAS from the restricted category airworthiness certification 

specified in 14 C.F.R. § 21.185. or the requirement to have a certificate of 

airworthiness issued, as contemplated by 14 C.F.R. Part 21. Section 21.185 

entitled Issue of ainvorthiness cert[flcatesfor restricted category aircraft, states the 

followi ng, in part: 

(a) Aircraft manufactured under a production certificate or type certificate. An 

applicant for the original issue of a restricted category airworthiness certificate for 

an aircraft type certificated in the restricted category, that was not previously type 

certificated in any other category, must comply with the appropriate provisions of§ 

21.183. 

C. The Extent Of Relief Avalon Aerial Seeks And The Reason Avalon Aerial Seeks The 

Relief. 

J. Extent Of Relief Avalon Aerial Seeks And The Reason Avalon Aerial Seeks 

Relief From Section 91.9(b). 

Relief is requested because the OJI Phantom II UAS weighs approximately 4.4 

pounds (2000 grams) at its maximum gross weight and cannot carry the approved 

Airplane Flight Manual onboard. Furthermore, since the DJI Phantom II UAS is 

unmanned, the aircrew member is located at a ground control station. As such, 

Avalon Aerial proposes the following conditions and limitations to its request for 

exemption from Section 91.9(b): 

The approved Airplane Flight Manual must be kept at the ground control station. 

where it is immediately available for reference by the aircrew member (pilot in 

command) of the 011 Phantom li UAS any time the unmanned aircraft is operating. 

The approved Airplane Flight Manual must be made available within 10 days to any 

FAA, U.S. Department of Defense, or law enforcement official upon request. 

9 
2. The Extent Of Relief Avalon Aerial Seeks And The Reason Avalon Aerial Seeks 

Relief From Section 91.203(a) and (b). 

A val on Aerial requests relief from the requirement of Section 91.203(a) (i.e .. that an 

appropriate and cunent airworthiness certificate and an effective U.S. registration 

certificate be carried within the aircraft). and further. requests relief from the 

requirement of Section 91.203(b) (i.e .. that the airworthiness certificate be displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew). As the 

0 .11 Phantom II UAS is unmanned. it has no cabin, cockpit, pilot station, or 

entrances thereto. Therefore, the aircrew member is located at a ground control 

station and no passengers are canied at any time. As such, Avalon Aerial proposes 

the following conditions and limitations to its request for exemption from Sections 

91.203(a) and (b): 

The documents required by ections 91.203(a) and (b) must be kept at the ground 

control station. where it is immediately available to the aircrew member (pilot in 

command) of the DJI Phantom II UAS any time the unmanned aircraft is operating. 

The documents required by 91.203(a) and (b) must be made available within I 0 

days to any FAA, U.S. Department of Defense. or law enforcement official upon 

request. 

3. The Extent Of Relief Avalon Aerial Seeks And The Reason Avalon Aerial Seeks 

Relief From 14 C.F.R. § 45.23(b). 

Avalon Aerial requests relief from the requirement of Section 45.23(b). if 

applicable. that the word .. Restricted .. be displayed on the DJI Phantom II UA near 

each entrance to the cabin. cockpit. or pilot station. As the D.Jl Phantom 11 UA is 

unmanned, it has no cabin, cockpit. pilot station, or entrances thereto. Avalon 

Aerial proposes that. if required. the word .. Restricted .. be displayed in letters two 

(2) inches high, horizontally on both sides of the fuselage between the outrunner 

anns on all sides ofthe DJI Phantom II UAS. 

10 
4. The Extent Of Relief Avalon Aerial Seeks And The Reason Avalon Aerial Seeks 

Relief From 14 C.F.R. § 21.185. 

A val on Aerial seeks relief from the airworthiness certificate requirements of 

the Federal Aviation Regulations and proposes to commercially operate the OJI 

Phantom 11 UAS, without an airworthiness certificate, for the special purpose of 

conducting aerial videography services over the States of Michigan, Indiana, 

Illinois, Ohio, Wisconsin and Florida. Avalon Aerial seeks relief from the 

airworthiness certiticate requirements of 14 C.F.R. § 21.185 to the extent that the 

OJI Phantom II UAS, which has not yet been type certificated by the FAA, may be 

operated as if it were a restricted category aircraft for a single, defined. special 

purpose operation (i.e., aerial videography). 

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

( .. Section 333''). Avalon Aerial seeks relief from the airworthiness certificate 

requirements of the FAR because operation of the OJI Phantom II UAS will not 

create a hazard to users of the NAS. or the public. or otherwise pose a threat to 

national security. 

Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public or pose a threat to national 

security. Further. Section 333 provides the authority for such UAS to operate 

without airworthiness cet1ification. SpeciticaUy, Section 333 states the following, 

in part: 

{b) Assessment of Unmanned Aircraft Systems.--ln making the determination 

under subsection (a). the Secret01y shall determine, at a minimum--

(I) which types of unmanned aircraft systems. if any. as a result of their size. 

weigh!. speed. operational capability, proximity 10 airpor1s and populated areas. 

11 
and operation within l'isua/line o.fsight do not creare a hazard to users o.fthe 

nalional airspace system or the public or pose a threat to national securily: and 

(2) whether a cerJijicate o.fwaiver. certificate of authorization. or airworthiness 

certification under section .J-170-1 o.ftitle -19. United States Code. is required.for 

I he operation of unmanned aircraft systems ident(fied under paragraph (1 ). 

As set forth below, numerous factors, including the proven safe operational 

history of the DJI Phantom rr UAS in the NAS, as well as the specific parameters of 

A val on Aerial" s intended operation pursuant to this exemption, demonstrate that 

the DJI Phantom II UAS has in the past. and will continue in the future. to operate 

safely in the NAS without creating a hazard to other aircraft or people on the 

ground. Accordingly. the FAA may approve operation of the 011 Phantom IJ UAS. 

without an airworthiness certificate. by setting forth specific operating limitations to 

ensure a level of safety equivalent to what would be provided by airworthiness 

certification. 

D. The Reasons Why Granting Avalon Aerial's 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 Avalon 

Aerial to safely, efficiently. and economically perform aerial videography services over 

the States of Michigan, Indiana, Illinois. Ohio, Wisconsin and Florida in support of 

government entities, transportation and water infrastructure entities, and the motion picture 

industry. Additionally, use of the DJI Phantom II UAS will decrease congestion of the 

NAS. reduce pollution. and provide significant benefits to the economy. Notably. the 

benefits of the proposed operation of the OJI Phantom II UAS will be realized without 

implicating any privacy issues. 

1. The Public Will Benefit From Aerial Videograpby 

12 
A val on Aeri al submits this Petition to perform aerial videography 

throughout the States of Michigan. Indiana, Illinois, Ohio, Wisconsin and Florida, in 

support of government entities, real estate. infrastructure, agriculture and motion 

picture industries. The OJf Phantom II UAS will provide safe, efficient, and 

economical aerial videography operations to further each of these fields, all of 

which are critical to the well-being of the general public. 

The specific operations that A val on Aerial will perform with the DJI 

Phantom ll UAS demonstrate how the requested exemption will directly benefit the 

above-referenced industries and the public. ln the real estate and infrastructure 

industries, the OJI Phantom II UAS will be used to aid in the collection of data for 

the purposes of advertising, surveying and planning. The DJI Phantom II UAS can 

carry various cameras for day and night data collection, can be equipped with 

additional sensors and is programmable to fly specific routes regularly. The OJ I 

Phantom II UAS can inspect larger areas, in different ways, in less time and at 

lower costs. In addition, the more frequent regular inspections facilitate faster 

problem recognition, resulting in fewer negative externalities. In the motion picture 

industry, the DJI Phantom II UAS will be used to gather video footage not 

otherwise attainable by traditional means. The advantage of unmanned systems is 

that they provide overviews which normally require several cameras, can enter 

narrow and confined spaces and produce little noise. The OJI Phantom II UAS 

provides a great alternative to helicopters in that they can provide images from 

similar altitudes, with gyro stabilized cameras and modular platforms at a fraction 

of the cost. This solution can dramatically increase the applicability, improve the 

quality and decrease the costs of aerial videography for the motion picture industry. 

13 
2. The Public Will Benefit From Decreased Congestion Of Tbe NAS. 

The DJI Phantom li UAS is a battery powered UAS that serves as a safe. 

efficient, and economical alternative to the manned aircraft traditionally utilized to 

obtain aerial imagery. By reducing the amount of manned aircraft needed to 

perform aerial videography, an exemption allowing the use of a OJ I Phantom 11 

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 II UAS does not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial survey missions would 

result in fewer aircraft that must be handled by air traffic control facilities during 

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

3. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 

II U S. 

Conducting aerial videography with the OJI Phantom 11 UAS. instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of 

air and noise pollution generated during traditional aerial videography flight 

operations. By using battery power and electric motors, the OJI Phantom IJ UAS 

produces no air pollution. and is the most viable environmentally conscious 

alternative to piston or turbine powered rotorcraft. The DJI Phantom II UAS. while 

reducing the carbon footprint of aerial videography. also eliminates noise pollution 

as its battery powered electric motors are barely audible during the take-ofT phase. 

14 
and cannot be heard when operating more than 1 00 feet above ground level. 

By using the DJl Phantom II UAS to perform aerial videography, 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 aircrew members located 

onboard the aircraft, the DJI Phantom II UAS (weighing approximately 4.4 pounds 

(2000 grams) at its maximum gross weight with a diagonal length of 13.7 inches 

(350mm), with no fuel on board), has Jess physical potential for collateral damage 

to life and property on the ground, and in the air, compared to the manned aircraft 

that typically conduct aerial videography (weighing approximately 4,450 pounds 

with a rotor diameter of approximately 34 feet, and a fuel capacity of 110 gallons). 

The DJI Phantom II UAS has several safety features which will minimize 

the potential for fly-aways and maximize the safe and efficient use of the aircraft in 

the NAS. The DJI Phantom II UAS Naza-M-Y2 controller provides Intelligent 

Orientation control (Home Lock and Course Lock features). The Home Lock 

feature allows for a safe return should the operator (i.e. Pilot in Command) get 

dis01iented as to the direction the aircraft is moving. Once activated on the remote 

control, the operator can simply pull back on the right control stick and the DJI 

Phantom II UAS will retum to the remote control regardless of the aircraft·s 

location from the remote control. The Course Lock feature will allow the operator 

to maintain a specific course regardless of aircraft orientation. The Naza-M-V2 

controller also provides for fail safe and lost-link safeguards. The fail safe feature 

means that when the controller link is lost all outputs of the command sticks from 

the controller will go to the center point. An example would be if the aircraft is in a 

15 
climbing right tum and the communication link is lost. the aircraft would go into a 

level hover and not continue with the last assigned controller instructions. After 3 

seconds of the lost-link scenario, the aircraft will climb or descent (based on the 

altitude the lost-link occurs) to a pre-assigned altitude and return to the point of 

departure and land itself. 

4. Performing Aerial Videography Operations With The DJI Phantom II UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 11 UAS is also an 

economical alternative to using manned aircraft to conduct aerial videography. As 

such. operation of the DJI Phantom II UAS wiU allow United States based 

companies, like Avalon Aerial. 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 

fuels. U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. 

Operating the battery powered DJI Phantom II UAS is one such technology 

that not only allows companies greater operational flexibi lity compared to manned 

aircraft. but provides such flexibili ty without the high operational cost of a 

traditional manned aircraft. 

By operating the DJI Phantom II UAS. companies such as A val on Aerial 

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

employees and contractors. which will ultimately contribute to growth of the U .. 

economy. Improved financial performance of U.S. companies. through commercial 

use of the DJl Phantom 11 UAS, provides a stable workforce that increases 

16 
consumer spending; improves loca l, state, and federal tax revenues: and allows 

companies to invest in research and development in order to remain competitive 

both in the United States and abroad. 

5. There Are No Privacy Issues. 

Like the manned aerial videography flight operations that have been 

conducted for decades, the proposed operation of the DJI Phantom II UAS will not 

implicate any privacy issues. Specificall y, the OJ! Phantom II UAS will be 

operated over the public right-of-way or above private property with the property 

owner/controllers consent. and in accordance with all Federal Aviation Regulations. 

E. The Reasons Why Gra nting 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 Avalon Aerial Seeks Exemption. 

1. Reasons Why An Exemption From The Requirements Of Section 91.9(b) 

Would Not Adversely Affect Safety. 

This exemption would maintain the level of safety established by Section 

91.9(b) because Avalon Aerial will keep the approved Airplane Flight Manual at 

the ground control station where the pilot in command flying the DJI Phantom Il 

UAS will have immediate access to the document. 

Previous exemptions granted by the FAA concerning Section 9 1.9(b) 

establish that safety is not adversely affected when the approved Aircraft Flight 

Manual is kept at the ground control station of a UAS. where it can be immediately 

accessed by the pilot in command. Section 9 1.9(b) .. requires aircraft to carry the 

flight manual so the pilot would have ready access to the aircraft limitations while 

in flight. .. Exemption No. 8607. However, the FAA has also found that UAS will 

always be operated without any passengers or crew onboard, and that '·requiring 

17 
these special-use aircraft [VAS] to carry superfluous paper documents may present 

a safety hazard to the integrity of the [VAS]:· /d. 

The FAA has previously granted exemptions in circwnstances similar. in all 

material respects. to those presented herein (e.g.. Exemption Nos. 8607, 8737. 8738, 

9299.9430, 9554,9564.9565, 10167, 10602, 10673, 10835, 10869, 10968). 

2. Reasons Why An Exemption From The Requirements Of Section 91.203(a) 

And (b) Would Not Adversely Affect Safety. 

This exemption would maintain the level of safety established by Sections 

91.203(a) and (b) because Avalon Aerial will keep the required documents at the 

ground control station where the pilot in command flying the DJI Phantom 11 VAS 

will have immediate access. 

Previous exemptions granted by the FAA concerning Sections 91.203(a) and 

(b) establish that safety is not adversely affected when the Airworthiness Certificate 

and U.S. registration certificate are kept at the ground control station of the VAS, 

where it can be immediately accessed by the pilot in command. Specifically. the 

FAA has held that the intent of Sections 91.203(a) and (b) is better served by 

having the required documents in the control of the VAS operator (pilot in 

command), reasoning as follows: 

The original intent of the subject regulation was to display the airworthiness and 

registration documents so they would be easily available to FAA inspectors and 

passengers for inspection and verification of the airworthiness and registration of 

the aircraft ... In this case. the aircraft will always be operated without any 

passengers or crew. 

The missions for which VASs are intended will prevent the ajrcraft from being 

available for the inspections normally prescribed for civil aircraft. Further. it will be 

operated on strictly confined missions from a known departure and arrival point, 

under the constant control of a pilot-in-command. We also find that requiring these 

special-use aircraft to carry superfluous paper documents may present a safety 

18 
hazard to the integrity of the [UAS]. 

FAA operating limitations and special arrangements with Air Traffic Control (A TC) 

for survei lJance of [UAS] flights adequately compensate for the requirements for 

carrying airworthiness and registration documents. We find the intent of the 

regulation is better served by having the required documents in the control of the 

aircraft operator and available for inspection under the special conditions prescribed 

in this exemption. 

The FAA has previously granted exemptions in circumstances similar, in alJ 

material respects, to those presented herein (e.g. , Exemption Nos. 8607. 8737. 8738, 

9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968). 

3. Reasons Wby An Exemption From Tbe Requirements Of 14 C.F.R. § 45.23(b) 

Would Not Adversely Affect Safety. 

This exemption would maintain the level of safety established by Section 

45.23(b) because if required, displaying the word "Restricted" with two (2) inch 

high letters, horizontaJJy between outrunners on a ll four sides of the DJI Phantom II 

UAS, wilJ infom1 all parties of the unmanned aircraft's overall operating status. 

Significantly, Avalon Aerial will display the word '·Restricted" in two (2) 

inch high letters in compliance with size requirement of Section 45.23(b) (i. e., 

.. letters not less than 2 inches nor more than 6 inches high'} By placing the letters 

horizontally between outrunners on all four sides of the DJJ Phantom II UAS, will 

ensure that the word '·Restricted" is in the most visible location, so that all parties 

will be informed of the unmanned aircraft's overall operating status. 

The FAA has previously granted exemptions in circumstances similar. in all 

material respects, to those presented herein (e.g., Exemption Nos. 8737, I 0 I 67, 

I 0167 A, I 0700, I 081 0). 

4. Reasons Wby An Exemption From Tbe Requirements Of 14 C.F.R. § 21.1 85, 

Including Tbe Requirement To Have A Certificate Of Airworthiness, Would 

19 
Not Adversely Affect Safety. 

In seeking this exemption, A val on Aerial submits that the DJl Phantom II 

UAS can operate safely in the AS above the States of Michigan, Indiana. Illinois. 

Ohio, Wisconsin and Florida without creating a hazard to other aircraft or people on 

the ground. Accordingly, the FAA may approve its use without an airworthiness 

certificate as demonstrated by: (i) the safe operational history and current use of the 

OJ! Phantom II UAS in the NAS; (ii) the characteristics of the DJI Phantom ll 

UAS: (iii) the limited area of Avalon Aerial's intended operation; (iv) the Safety 

Management System Avalon Aerial has developed for DJI Phantom II UAS 

operations and maintenance; (v) the commercial pilot requirement; (vi) the specitic 

operating limitations; and (vii) any other conditions that the Administrator may 

prescribe. 

i. The DJJ Phantom II UAS Has A Proven History Of Operation In The 

NAS Pursuant To Advisory Circular 91-57, June 9, 1981. 

The DJI Phantom II UAS is currently operating safely in the NA 

pursuant to Advisory Circular 91-5 7, Model Aircraft Operating Standards. 

The DJT Phantom II UAS has been operated worldwide since 2006. 

ii. The Specifications Of The DJI Phantom II UAS Demonstrate Its Safe 

Characteristics. 

The DJI Phantom II UAS does not create a hazard to users of the 

NA or the public. or otherwise pose a threat to national security 

considering its size, weight. speed, or operational capability. The 

specifications of the DJI Phantom II UAS are as fo llows: 

20 
Unmanned Aircraft The OJI Phantom II is an Unmanned Aircraft System that is 

System comprised of an unmanned quad-rotor aircraft and a transportable 

f:,rround station. Model Number P330Z 

Serial No. PH645332889 V 1.0 

Unmanned Aircraft Diagonal Length: 

Dimensions 13.7 inches 

(350mm) 

Engine Engine (Propulsive Unit) 

(Propulsive Unit) 

(4) Multistar PIN : 2212 (Electric) FAA 

Engine Type Cert: None 

Propulsive Unit Type: (1) 11.1 V 5200mAh, Lithium polymer 

battery powered, brushless electric motors 

Motor. Controller Sub-Assembly: 

Manufacturer: DJI Innovations 

Model: Naza-M 

Type: Motor Controller 

3. 15W (0.25A@ 12.6Y) Maximum 

27 grams Wt. 

Motor, Battery: 

Manufacturer: DJl Innovations 

Type: 3S Lithium Polymer 

5200 milliamp hour 

1 1.1 V (nominal) 

Fuel Not Applicable. 

NOTE: The DJI Phantom II UAS is powered by a Lithium 

Polymer rechargeable battery, DJI, Inc. PIN 733496-

5200mAh-11.1 Y. 

Engine (Propulsive Unit) Maximum Power Output: 130 Watts 

Limits Maximum RPM: 920Kv (rpm/v) 

21 
Propeller and (4) DJI Innovations 

Propeller Limits FAA Propeller Type Certificate: None 

Propeller Type: 2-blade. ABS plastic. fixed pitch 

Propeller Sub-Assemblv: 

Manufacturer: DJI Innovations 

Model: 9450 10x4.5mm 

Diameter (Nominal): 10 in. 

Battery Command & DJI Innovations battery powers the motor, and internal battery 

Control powers the command and control ground station (remote). 

Airspeed Limits Vne (Never Exceed Speed) 29 knot (15 m/s) 

Vno (Maximum Structural Cruising Speed) Not Applicable 

Va (Maneuvering Speed) Not Applicable 

Landing Speed: Not Applicable 

Mean Aerodynamic Not Applicable 

Chord (MAC) 

Leveling Means Not Applicable. 

Maximum Weights Ramp 4.4 lbs (2000 grams) 

Takeoff 4.4 lbs (2000 grams) 

Landing 4.4 lbs (2000 grams) 

Empty Weight 2.2 lbs. (I 000 grams) 

NOTE: Empty Weight Includes weight of battery and 

Excludes payload modules. 

Frequencies 902-928 MHz (ISM Band) 

2.4 GHz (ISM Band) 

NOTE: FCC license is not required to utilize the above 

frequencies; uplink and downlink are on the 900Mhz band. If 

video is utilized. uplink, downlink, and video are all on 

2.4 Ghz. 

22 
Computer Software Ground Station software, iOS 

Minimum Crew (1) The DJI Phantom II UAS can be operated by a single operator. 

Number of Seats (0) Not Applicable. 

Fuel Capacity Not Applicable. 

Oil Capacity Not Applicable. 

Max. Operating Altitude 393ft. AGL (120M) 

Control Surface Not Applicable 

Movements 

Nominal Endurance 25 minutes 14° - 122° F (-20° - 50° C) 

Ambient Outside Air Maximum OAT: 122° F (50° C) 

Temperature (OAT) Minimum OAT At Altitude: 14° F (-10° C) 

Wind Limitation Not Applicable 

Maintenance This DJJ Phantom II UAS must be maintained in accordance with 

the DJI Phantom II Maintenance Operation Manual, or later FAA 

accepted revision. 

iii. Flight Operations Pursuant To The Exemption Sought Would Be 

Limited To Areas Over The States Of Michigan, Indiana, Illinois, Ohio, 

Wisconsin and Florida That Are Not In The Proximity Of Airports Or 

Over Populated Areas. 

Avalon Aerial proposes to only conduct aerial videography flight 

operations over areas of the States of Michigan, Indiana, Illinois, Ohio, 

23 
Wisconsin and Florida that are not near populated areas. airports. helipads. 

or state roads. Specifically. Avalon Aeri al"s proposed area of flight 

operations over the States of Michigan. Indiana, Illinois, Ohio. Wisconsin 

and Florida includes areas that are: 

I. Not within five (5) miles of any airport or helipad, without the consent 

ofthe affected air traffic control fac ility. Continuous two-way radio 

communication will be established and maintained at all times during 

fli ghts in this area; 

2. Not below one hundred fifty ( 150) feet over of state roads having more 

than two Janes; and 

3. Not below seventy-five (75) feet over state roads having two lanes or 

less. 

Since this platform is capable of ho,·ering, slewing laterally. and 

ascending/descending over a point. we are considering the DJI Phantom II 

UAS a .. helicopter .. for the purposes of91.1 19(d). Furthermore. all flight 

operations will be conducted in accordance with 14 C.F.R. § 91.119. 

Minimum safe allitudes: General. 

In summary, Avalon Aerial seeks to operate its OJI Phantom II UAS 

over areas of Michigan. Indiana. Illinois, Ohio. Wisconsin and Florida. 

while maintaining safe distances from any populated areas, airports, 

helipads, and roadways. 

iv. Operation OfThe DJI Phantom II UAS Will Be Conducted Pursuant 

To A Safety Management System. 

A Safety Management System ( .. SMS .. ) will control Avalon Aerial's 

operation of the DJI Phantom II UAS and will significantly contribute to 

maintaining the level of safety conten1platcd by the airworthiness certificate 

24 
requirements from which Avalon Aetial now seeks relief. 

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance 

Rules (general), each person performing maintenance, alteration, or 

preventive maintenance on the DJI Phantom II UAS, motor, propeller. or 

appliance shall use the methods, techniques, and practices prescribed in the 

current manufacturer's maintenance manual or Instructions for Continued 

Airworthiness prepared by its manufacturer, or other methods, techniques, 

and practices acceptable to the Administrator. Each person shall use the 

tools, equipment, and test apparatus necessary to assure completion of the 

work in accordance with accepted industry practices. 

v. Flight Operations Of The DJI Phantom II UAS Are Limited To The 

Line Of Sight Of A Commercial Certificated Pilot in Command With A 

Safety Observer. 

A val on Aerial will only utilize Commercial Pilots with a valid First 

or Second Class Airman Medical certificate to act as pilot in command of 

the DJI Phantom II UAS. Additionally, all pilots will be assisted by a safety 

observer. The pilot in command and safety observer must meet the 

requirements as set forth by the SMS and Standard Operating Procedures 

adopted by Avalon Aerial for flight operations of the DJI Phantom II UAS. 

A copy of the Standard Operating Procedures, which is proprietary 

information, and is to be held in a separate file pursuant to 14 C.F.R. § 

ll.35(b). 2 

vi. Flights Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Avalon Aerial proposes to commercially 

25 
operate the DJI Phantom II UAS without satisfying the restricted category 

airworthiness certification process specified in 14 C.F.R. § 21.185. or 

otherwise having a certificate of airworthiness issued by the FAA, as 

contemplated by 14 C.F.R. Part21. Avalon Aerial proposes to operate the 

DJI Phantom II UAS. for the special purpose of conducting aerial 

videography over the States of Michigan, Indiana. Illinois, Ohio. Wisconsin 

and Florida, pursuant to the following specific operating limitations: 

I. Flight operations are permitted only over the States of Michigan, 

Indiana, Illinois. Ohio. Wisconsin and Florida. 

2. The DJI Phantom 11 UAS will be operated at or below 400 ft. above 

ground level (AGL), except as necessary to comply with the 

requirements of 14 C.F.R. § 91.119. 

3. The DJI Phantom II UAS shall be operated within one mile. and within 

line of sight, of the pilot in command and safety observer. 

4. The DJI Phantom II UAS shall be operated pursuant to Day Visual 

Flight Rules (VFR) in visual meteorological conditions (VMC). The OJI 

Phantom 11 UAS shall be operated only during daylight hours (i.e. 

between the end of morning civil twilight and the beginning of evening 

civil twilight as published in the American Air Almanac. converted to 

local time). 

5. The duration of each night shall not exceed 25 minutes or upon reaching 

25% battery power. whichever is less. 

6. The DJI Phantom ll UAS shall operate from on-site takeoff/landing 

locations directly next to the pilot in command and co-located safety 

observer. If the operation is from a watercraft. the pi lot in command and 

safety observer shall remain co-located on the same watercraft. 

7. Operations shall be conducted by commercially certificated ainnen who 

26 
have completed training, checking, currency, and recency of experience 

requirements as approved by the FAA Administrator. 

8. Operation of the DJI Phantom II UAS with any inoperative instruments 

or equipment shall be prohibited. 

9. The DJT Phantom II UAS shall be maintained in accordance with the 

Manufacturer's Maintenance Manual. 

10. The DJI Phantom II UAS shall be operated pursuant to 14 C.F.R. Part 

91 , operating requirements. 

11. For the proposed flight operation, only one DJI Phantom IT UAS shall be 

airborne at any given time. 

12. Prior to flight operations, Avalon Aerial shall coordinate and establish 

two way communications with the nearest Air Traffic Control facility. 

13. For any flight operations over U.S. Government or state managed lands, 

A val on Aerial shall coordinate with the appropriate authority and ensure 

that the property owners have at least twelve ( 12) hours of advance 

notice prior to the proposed fl ight operations. Coordination shall include 

anticipated periods of operation, purpose of the flights, and contact 

information for the operator should questions or issues arise. 

vii. Any Other Conditions The FAA May Prescribe For Safe Operation. 

Ln accordance with Section 333 of the FAA Modernization and 

Reform Act of2012 and 14 C.F.R. § 21.16 entitled Special Conditions, 

A val on Aerial requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom II UAS, which contain such satety 

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

equivalent to that established by Section 21.185, and which will permit safe 

operation of the DJI Phantom II UAS for the special purpose of conducting 

aerial videography over the States of Michigan, Indiana, Illinois, Ohio. 

27 
Wisconsin and Florida. Section 333 sets forth the requirements for 

considering whether a UAS will create a hazard to users of the AS or the 

public, or othervvise pose a threat to national security: and further. provides 

the authority for such UAS to operate without airwor1hiness certification in 

accordance with any requirements that must be established for the safe 

operation of the a ircraft systems in the NAS. 

Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. § 2 1.1 6, for operation of the DJI Phantom II 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 2 1.16. entitled Special Conditions. states the 

following: 

If the FAA finds that the airworthiness regulations of this subchapter 

do not contain adequate or appropri ate 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 Section 333 and 14 C.F.R. § 21.16. 

the FAA may prescribe special conditions for Avalon Aerial's intended 

operation of the DJI Phantom II UAS, which contain such safety standards 

that the Administrator finds necessary to establish a level of safety 

equivalent to that established by Section 2 1. 185. and which will pem1it safe 

operation of the DJl Phantom 1l UAS for the special purpose of conducting 

28 
aerial videography over the States of Michigan, Indiana, Illinois, Ohio, 

Wisconsin and Florida. 

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

The Rules From Which Avalon Aerial Seeks Exemption: 

Avalon Aerial, LLC seeks exemption.from the requirements of 14 C. FR. §§ 91.9(b), 

9/.203(a), 91.203(b). 45.23(b) and 21.185. 

A Brief Description OfThe Nature OfThe Exemption Avalon Aerial Seeks: 

This exemption will permit Avalon Aerial. LLC to operate an Unmanned Aircraft System 

over certain rural areas of the State ofMichigan. while keeping the documents required 

by the regulations a/the ground control station and immediately accessible to the pilot in 

command. Furthermore. the exemption will relieve Avalon Aerial, LLC.from the 

airworthiness certfficate standards and the requirement to have a certificate of 

airworthiness/or its Unmanned Aircraft System. This exemption will also permit any 

required markings concerning the operational status of the VAS to be displayed on the 

fuselage ofthe unmanned aircraft. 

G. Any Additional Information, Views, Or Arguments Available To Support Avalon 

Aerial's Request. 

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

20 12, Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Avalon Aerial's request for exemption 

may be granted pursuant to the authority of Section 333 and 14 C.F.R. Part 11 , as set 

forth above. 

Section 333 sets forth the requirements for considering whether a UAS wi ll create 

a hazard to users of the N AS or the public or pose a threat to national security; and 

further. provides the authority for such UAS to operate without airworthiness 

certification. Section 333 states the following: 

(a) In Generai.--Notwithstanding any other requirement o.fthis subtitle, and not 

later than 180 days after the date of enactment of this Act. the Secretary o.f 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion oft he plan and 

rulemaking required by section 332 o.lthis Act or the guidance required by 

section 334 ofthis Act. 

29 
(b) Assessment of Unmanned Aircraft Systems.--/n making the determination 

under subsection (a). the Secret my shall determine. at a minimum--

(/)which types ofunmanned aircrcift systems, if any, as a result oftheir 

size. weight. speed. operational capability. proximity to airports and 

populated areas. and operation within visual line o.fsight do not create a 

hazard to users o.fthe national air5pace system or the public or pose a 

threat to national security: and 

(2) whether a certificate o.fwaiver. cert(flcate of authorization. or 

ailworthiness certification under section -1-170-1 of title -19. United States 

Code. is required.for the operation o.funmanned aircra.ft systems 

identified under paragraph(/). 

(c) Requirements for Safe Operation.--(fthe Secretary determines under this 

sec/ion that certain unmanned aircraft systems may operate sqfely in the 

national air5pace system. the Secretary shall establish requirements .for the safe 

operation o.fsuch aircraft systems in the national airspace 5ystem. 

As discussed in detail above, the DJI Phantom II UAS has in the past. and wiJI 

continue in the f~ture, to operate safely in the NAS without creating a hazard to users of 

the NAS. or the public. or otherwise pose a threat to national security. 

CONCLUSION 

As set forth above, Avalon Aerial seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of2012, which will permit safe 

operation of the DJl Phantom II UAS commercially, without an airworthiness certificate. for the 

special purpose of conducting aerial videography over areas in the States of Michigan. Indiana. 

Illinois, Ohio. Wisconsin and Florida. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of2012, while 

also advancing the interests of the public, by allowing Avalon Aerial to safely, efficiently, and 

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

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

and Reform Act of 2012, Section 333. A val on Aerial respectfully requests that the Administrator 

grant this Petition for an exemption from the requirements of 14 C.F .R. §§ 91. 9(b ), 91.203(a), 

30 
91.203(b). 45.23(b), as well as the restricted category airworthiness certification standards 

specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness 

issued for the DJI Phantom II UAS, as contemplated by 14 C.F.R. Part 21. 

Dated: 

October 27, 2015 

31 

Respectfully submitted, 

Avalon Aerial, LLC 

Lucas Freudenburg 

UAS Project Manager 

Avalon Aerial, LLC 

2448 Avalon Woods Dr. 

Portage, Michigan 49024-7738 

Tel: (586) 596-5118 

Petitioner