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UNITED STATES OF AMERICA DEPARTMENT 

OF TRANSPORTATION FEDERAL AVIATION 

ADMINISTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

James Bollinger with TVS Pro (TV Specialists, Inc.)

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 2, DJI PHANTOM 3, DJI INSPIRE 1 AND 

DJI SPREADING WINGS S900 & S1000+ (W/ A2 FC)

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on July 8th, 2015

James Bollinger

TVS Pro (TV Specialists, Inc.)

180 East 2100 South

Salt Lake City, UT 84115

Tel: (801) 486-5757

Email: jamesb@tvspec.com
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Table of Contents

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER ...........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TVS PRO SEEKS

EXEMPTION...........................................................................................................................7

THE EXTENT OF RELIEF TVS PRO SEEKS AND THE TVS PRO SEEKS THE RELIEF

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

THE REASONS WHY GRANTING TVS PRO’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST..............................................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY .................................................................................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT TVS PRO’S REQUEST ......................................................................................25

CONCLUSION..............................................................................................................................26

APPENDICES ...............................................................................................................................27
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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

FC Flight Controller

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RC Remote Control

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

SO Safety Observer

SOP Standard Operating Procedures

TVS PRO TV Specialists, Inc.

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

TVS PRO seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit James 

Bollinger, with TVS PRO, to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial photography, videography, and cinematography for 

weddings, real estate, special events, film sets, television, public events, newsgathering, and 

land surveying, as well as create company photography and videography for promotional 

videos and training for UAS operations over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

TVS PRO provides its clients with expertise and knowledge in production and 

cinematography technologies as well provide audio/video solutions to present, produce, and 

educate. TVS PRO also provides its clients with the highest quality digital equipment for use 

in their commercial, personal, and non-profit multimedia projects. TVS PRO has over 64 years 

of professional audio, video and cinematography experience and is recognized as an expert in 

this field. TVS PRO has over 30 years of aerial RC recreational/hobby experience, and over 3 

years of professional aerial video and photography. The objective of TVS PRO’s aerial video 

and photography operations is to provide high quality imaging for a variety of promotional, 

wedding, commercial, public, and residential uses, specifically targeting:

 Production and Motion Picture Filming

 Television/Film

 Wedding Videography and Photography

 Real Estate Videography and Photography

 Land and Construction Surveying

 Increase public knowledge of UAS

 Provide training and promote safe UAS operations for resale of DJI products by

doing promotional and training videos and flight demonstrations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI S900 & S1000+ 

UASs

TVS Pro seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & 

S1000+ are 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 pounds 13 ounces, while having a length of 16 

inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. 
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The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds, while having a 

length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, 

a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI S900 has a maximum gross weight of 18 pounds, a length of

approx. 50 inches, width of 50 inches, height of approx. 15 inches, and a maximum speed of 

approximately 42 knots. The DJI S1000+ has a maximum gross weight of 24 pounds 4 ounces, a 

length of approx. 53 inches, width of 53 inches, height of approx. 16 inches, and a maximum 

speed of approximately 45 knots.

The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1UA’s are equipped with four main 

rotors; driven by Lithium Polymer battery powered electric motors.

The DJI S900 UA is equipped with 6 main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI S1000+ UA is equipped with 8 main rotors; driven by Lithium Polymer battery

powered electric motors

BASIS FOR PETITION

Petitioner, TVS Pro, 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, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings 

S900 & S1000+ UAS’s 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, TVS Pro’s operation of DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s 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, TVS Pro 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.

TVS Pro submits that the requested relief is proper since an equivalent level of safety will 

be ensured. TVS Pro will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS’s using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ Instruction 

Manuals). Furthermore, TVS Pro will document and maintain all maintenance records for the 

DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s.

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

privileges and limitations: Pilot in command, is requested by TVS Pro 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 flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2, DJI Phantom 3, 

DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s in a manner consistent with this 
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exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

TVS Pro seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s 

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

such, TVS Pro submits that he will ensure that the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

DJI Spreading Wings S900 & S1000+ UAS’s are in an airworthy condition, prior to every flight, 

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

Maintenance Log, and DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 

& S1000+ Instruction Manuals), and that the aircraft are in a condition for safe flight.

TVS Pro also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings 

S900 & S1000+ UA’s will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & 

S1000+ UA’s will be provided to the PIC via Global Positioning System (GPS) equipment and 

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

monitoring of the flight path. This altitude information, combined with TVS Pro’s operation of 

the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121.

Additionally, TVS Pro seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. TVS Pro submits that safety will not be 

affected by operation of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings 

S900 & S1000+ 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

13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, TVS Pro 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:

James Bollinger

TVS Pro

180 East 2100 South

Salt Lake City, UT

Tel: (801) 486-5757

Email: jamesb@tvspec.com

B. The Specific Sections Of 14 C.F.R. From Which TVS Pro seeks Exemption.

1. TVS Pro Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).
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Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

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

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) 

of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as PIC of an aircraft.

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

with any business or employment if—

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

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

2. TVS Pro 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. TVS Pro 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. TVS Pro 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. TVS Pro 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—
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(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. TVS Pro 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. TVS Pro 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. TVS Pro 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
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(ii) The date of completion of the work performed; and

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

for return to service. 

(2) Records containing the following information:

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

each rotor.

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

rotor, and appliance.

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

required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

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

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

directive number and 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.

C. The Extent Of Relief TVS Pro Seeks And The Reason TVS Pro Seeks The Relief.

1. Extent Of Relief TVS Pro Seeks And The Reason TVS Pro Seeks Relief From

Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:
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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 flight-hour and currency requirements, to conduct the proposed UAS flight

operations for compensation or hire.

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

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

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

employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

As set forth more fully below, TVS Pro submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the DJI Phantom 2, DJI Phantom 3,

DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s 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 DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ UASs 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, TVS Pro submits that all flights of the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+UASs, conducted by the PIC pursuant to

the grant of this Petition: (1) will be incidental to TVS Pro’s business; and (2) will not carry

passengers or property for compensation or hire.

2. Extent Of Relief TVS Pro Seeks And The Reason TVS Pro 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 TVS Pro to determine that the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UAS’s are in airworthy condition prior to every flight 

by ensuring that the UAS is in compliance with the operating documents (i.e., the TVS Pro 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction Manuals).

TVS Pro seeks the requested relief because the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, TVS Pro will ensure that 

the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ 

UAS’s are in airworthy condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI 

Spreading Wings S900 & S1000+ Instruction Manuals) 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 TVS Pro Seeks And The Reason TVS Pro Seeks Relief From 

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

operations of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 

& S1000+ UAS’s, 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), TVS Pro seeks the requested relief because the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+ 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s 

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 TVS Pro Seeks And The Reason TVS Pro 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, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s during daylight hours 

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

of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 5.5 minutes. TVS Pro seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 

2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s will severely

constrain the practicality of any aerial video or still photo flight operations that TVS Pro

proposes to conduct pursuant to this Petition.

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

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s, the DJI Phantom 2,

DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ operating documents, 

and TVS Pro’s proposed operating limitations, ensure that TVS Pro will safely operate the 

battery powered DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 

& S1000+ UA’s during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 14.5 minutes to the 

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

5.5 minutes.

5. Extent Of Relief TVS Pro Seeks And The Reason TVS Pro 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, TVS Pro requests relief from these Sections 

because the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & 
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S1000+ UAS’s do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s 

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, TVS Pro will use trained technicians to perform maintenance, alterations, or 

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

the UAS operating documents (i.e., the TVS Pro Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings 

S900 & S1000+ Instruction Manuals). Furthermore, TVS Pro will document and maintain all 

maintenance records for the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading 

Wings S900 & S1000+ UASs.

D. The Reasons Why Granting TVS Pro’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 TVS Pro to 

safely, efficiently, and economically perform aerial video and photography for wedding films, 

real estate, special events, film sets, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading 

Wings S900 & S1000+ UAS’s will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of TVS Pro’s proposed 

operation of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & 

S1000+ UAS’s will be realized without implicating any privacy issues.

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

The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ UA’s 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s

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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s 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, 

DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s.

Conducting aerial acquisitions with the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UAS’s, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels 
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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, DJI Phantom 3, DJI 

Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s 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, DJI 

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ 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.

By using the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings 

S900 & S1000+ UASs 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, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UAs (weighing approximately only 2 pounds 11 

ounces to 24 pounds respectively, at their maximum gross weights, with lengths of 16 inches to 

53 inches respectively, widths of 16 inches to 53 inches respectively, 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, 

DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs Will 

Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UASs are also an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2,

DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs will allow 

United States based companies, like TVS Pro, 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading 

Wings S900 & S1000+ UASs 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings 

S900 & S1000+ UASs, companies such as TVS Pro, 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading 

Wings S900 & S1000+ UASs, 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.
14

4. There Are No Privacy Issues.

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

decades, TVS Pro’s proposed operation of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UASs will not implicate any privacy issues. 

Specifically, the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings 

S900 & S1000+ UASs will be operated only in compliance with operating documents (i.e.,

the TVS Pro Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI 

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction Manuals) 

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.

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 TVS Pro Seeks Exemption.

1. Reasons Why The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI 

Spreading Wings S900 & S1000+ UASs 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, TVS Pro’s operation of the DJI Phantom 2, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs 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
15

 areas, and operation within visual line of sight do not create a hazard to 

 users of the national airspace system or the public or pose a threat to

 national security; and

(2) whether a certificate of waiver, certificate of authorization, or

 airworthiness certification under section 44704 of title 49, United States

 Code, is required for the operation of unmanned aircraft systems identified

 under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section 

 that certain unmanned aircraft systems may operate safely in the national airspace 

 system, the Secretary shall establish requirements for the safe operation of such 

 aircraft systems in the national airspace system.

In seeking this exemption, TVS Pro submits that the DJI Phantom 2 and DJI Inspire 1

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

the characteristics of the DJI Phantom , DJI Phantom 3, DJI Inspire 1, and DJI Spreading

Wings S900 & S1000+ UASs; (b) the pilot certification requirement; and (c) the specific

operating limitations.

a. The Specifications Of The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and 

DJI Spreading Wings S900 & S1000+ UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ UASs do 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, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs, and DJI A2 FC.

The technical specifications of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and

DJI Spreading Wings S900 & S1000+ UASs are set forth by the DJI Phantom 2, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Specifications and Data

Sheet, attached hereto as Appendices A, B, C, D, E and F.

ii. The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading 

Wings S900 & S1000+ UASs Autonomous Flight And Navigation Modes Enable The 

UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ UASs may be operated in both manual and fully autonomous flight modes. A

complete description of the flight and navigational modes of the DJI Phantom 2, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs is provided at

pages 25-35 of the DJI Phantom 2, page 11-14 of the DJI Phantom 3, pages 12-16 and 45-50

of the DJI Inspire 1, and pages 23, 30-31 and 33-37 of the A2 FC (used for the DJI Spreading

Wings S900 & S1000+ UAVs) User Manuals, attached hereto as Appendices G, H, I, J, K
16

and L.

iii. The DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading

Wings S900 & S1000+ UASs 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, DJI Phantom 3, DJI Inspire 1, and

DJI Spreading Wings S900 & S1000+ UAs will remain stationary, in flight, for 3 seconds or

more. If, after 3 seconds, the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ UAs do not reacquire control link data from the GCS, the

UAs will assume that the Control Link is lost and the UAs 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 27-29, pages 12-14 for the DJI Phantom 3, pages 13-15 for the DJI Inspire 1,

and pages 30-31 of the A2 FC (used for the DJI Spreading Wings S900 & S1000+ UAVs)

User Manuals, attached hereto as Appendices G, H, I, J, K and L.

b. Flight Operations Of DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and

DJI Spreading Wings S900 & S1000+ UASs Are Limited To The Line Of Sight Of A

Certificated PIC With A Safety Observer.

James Bollinger is a current private pilot, and TVS Pro will only utilize certificated

pilots who possess a current and valid airman medical certificate to act as a pilot in command

(PIC) of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading

Wings S900 & S1000+UASs Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, TVS Pro proposes to commercially operate DJI Phantom

2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs 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 UASs weighing less than 

55 pounds maximum gross weight: DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 

and DJI Spreading Wings S900 & S1000+ UASs. 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, photography and cinematography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.
17

4. The UA must be operated at an altitude of no more than 500 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. 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.

7. 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.

8. 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 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.

9. 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. 

10. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 
18

must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records.

11. 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.

12. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

13. 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.

14. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

16. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). 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.

18. 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.
19

19. 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.

20. 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.

21. 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 COA exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart 

C. Markings must be as large as practicable.

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

and control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

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.
20

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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

TVS Pro 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, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading

Wings S900 & S1000+ UAS in a manner consistent with the exemption, including evasive

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

vehicles and structures.

Considering TVS Pro’s proposed area of operations, and the operating limitations set

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those

of commercial pilot requirements (See Exemption No.11062); and the airmanship skills

necessary to safely operate the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and

DJI Spreading Wings S900 & S1000+ UAS, TVS Pro submits that the additional manned
21

airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for TVS Pro’s 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).

TVS Pro will not allow any PIC to operate the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS unless that PIC has demonstrated,

by meeting minimum flight-hour requirements or the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Inspire 1

UAS in a manner consistent with this exemption, including evasive and emergency

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

structures.

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

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (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 TVS Pro’s proposed operations. The Administrator has held that prior

documented flight experience that was obtained in compliance with applicable regulations

would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot

with a multi-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 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.
22

Exemption No. 11138 at page 15.

Accordingly, TVS Pro will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ 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, DJI Phantom

3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ 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, TVS Pro will ensure that the DJI Phantom 2, DJI Phantom 3,

DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ 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, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ 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

TVS Pro’s operation of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ UAs within visual line of sight, at 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 UASs 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
23

2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs; (2) the

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

operations. Accordingly, TVS Pro will ensure that it will safely operate the battery powered

DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+

UAs during daylight hours in VFR conditions, with enough battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes.

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

DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs; 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 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UASs 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, TVS Pro submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections

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

Pro will use trained technicians to perform maintenance, alterations, or preventive

maintenance on the UASs using the methods, techniques, and practices prescribed in the

operating documents (i.e., the TVS Pro Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ Instruction Manual). Furthermore, TVS Pro will document and maintain all

maintenance records for the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading

Wings S900 & S1000+ UASs.

Since the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings

S900 & S1000+ UASs will be inspected as prescribed by the operating documents, TVS Pro

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, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ User Manuals are attached hereto as Appendices A, B, C,

D, E and F; a copy of the DJI Phantom 2 and DJI Inspire 1 UAS Maintenance LOG is
24

attached hereto as Appendix G.

Likewise, the exemption sought will not adversely affect safety because TVS Pro 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs

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 TVS Pro’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1,

and DJI Spreading Wings S900 & S1000+ UASs, TVS Pro 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, TVS Pro requests that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 2, DJI Phantom 3,

DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs, 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 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, DJI Phantom 3, DJI Inspire 1, and DJI

Spreading Wings S900 & S1000+ UASs, 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
25

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 James Bollinger, with TVS Pro intended operation of the

DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+

UASs, which contain such safety standards that the Administrator finds necessary to establish

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

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

(a)(2), and 91.417(a) & (b).

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

From Which TVS Pro Seeks Exemption:

TVS Pro 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 TVS Pro Seeks:

This exemption will permit TVS Pro to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video, photography and 

cinematography including photo and/or video for television, public events, newsgathering, 

real estate and land surveying over certain areas of the United States. As well as assist 

with company promotional videos and training demonstrations for UAS operations.

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

TVS Pro’s Request.

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

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

UAS may operate safely in the NAS. As such, TVS Pro’s request for exemption may be

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

above.

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

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

security; and further, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, TVS Pro will operate the DJI Phantom 2, DJI Phantom

3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs safely in the NAS, without

creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national

security.
26

CONCLUSION

As set forth herein, TVS Pro 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, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings

S900 & S1000+ UASs 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 TVS Pro to safely, efficiently, and economically operate the DJI Phantom

2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs

commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, TVS Pro 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 James Bollinger to operate the DJI Phantom 2, DJI

Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs commercially for

the purpose of conducting aerial video and photography over certain areas of the United

States.

Dated: July 8th, 2015

Respectfully submitted,

TVS Pro

_______________________________

James Bollinger

TVS Pro

180 E 2100 S

Salt Lake City, UT 84115

(801) 486-5757

jamesb@tvspec.com
27

Appendices:

A – DJI Phantom 2 Specifications Data Sheet

B – DJI Phantom 3 Specifications Data Sheet 

C – DJI Inspire 1 Specifications Data Sheet

D – DJI S900 Specifications Data Sheet

E – DJI S1000+ Specifications Data Sheet

F – DJI A2 Flight Controller Data Sheet

G – DJI Phantom 2 Manufacturer’s User Manual

H – DJI Phantom 3 Manufacturer’s User Manual

I – DJI Inspire 1 Manufacturer’s User Manual

J – DJI S900 Manufacturer’s User Manual

K – DJI S1000+ Manufacturer’s User Manual

L – DJI A2 FC Manufacturer’s User Manual

M – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s
28

APPENDIX – B

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)
29

2.2 DJI Phantom 3
30

APPENDIX – C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)
31

3.3 DJI Inspire 1
32
33
34

APPENDIX – D

DJI SPREADING WINGS S900 TECHNICAL SPECIFICATIONS

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)
35
36

APPENDIX – E

DJI SPREADING WINGS S1000+ TECHNICAL SPECIFICATIONS

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)
37
38

APPENDIX – F

DJI A2 FLIGHT CONTROLLER TECHNICAL SPECIFICATIONS

(USED AS THE FC FOR DJI SPREADING WINGS S900 & S1000+)

TVS Pro only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)
39
40

APPENDIX – G

DJI Phantom 2 Manufacturer’s User Manual
41

APPENDIX – H

DJI Phantom 3 Manufacturer’s User Manual
42

APPENDIX – I

DJI Inspire 1 Manufacturer’s User Manual
43

APPENDIX – J

DJI Spreading Wings S900 Manufacturer’s User Manual
44

APPENDIX – K

DJI Spreading Wings S1000+ Manufacturer’s User Manual
45

APPENDIX – L

DJI A2 Flight Controller Manufacturer’s User Manual
46

APPENDIX – M

MONTHLY MAINTENANCE LOG

UAS:$

Date Issue

Discovered

Date Issue

Addressed

Issue Description & Maintenance Conducted

Maintenance Performed By:

(Print & Sign)

Software(Updates)

Airframe

Engines

Propellers

Camera (Gimbal)

Landing (Gear)

Vibration(Dampening)

Other: