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July 14, 2015 

E. Frank Wade, Broker 

3103 Quail Run Drive 

Round Rock, Texas 78681 

512.259.1775 

U.S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 

RE: Eugene F. Wade dba. E. Frank Wade Realty, LLC 

Request An Exemption From The Requirements Of Title 14 of The Code of Federal Regulations 

Sections 61.113(A) & (B), 91.7(A), 91.121, 91.151(B), 91.405(A), 91.407(A)(l), 91.409(A)(1) 

& (A)(2), And 91.417(A) & (B) Concerning Commercial Operation of DJI Phantom 2 Vision 

Plus- Version 3 Unmanned Aircraft Systems Pursuant To Section 333 of The FAA 

Modernization And Reform Act of 2012 (Public Law 112-95) 

Respectfully, 

E. Frank Wade R~Je., 

Eugene F. ade, Broker 

Frank@EFrank Wade. com 

EFW/abm 

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TABLE OF CONTENTS 

Glossary Of Abbreviations ............................................................................................. 3 

Summary ......................................................................................................................... 4 

Introduction And Interests Of Petitioner. ....................................................................... .4 

Background ..................................................................................................................... 4 

Basis For Petition ............................................................................................................ 4 

Name And Address OfPetitioner. .................................................................................. 6 

The Specific Sections Of 14 C.F .R. Which E. Frank Wade Realty, LLC Seeks 

Exemption ....................................................................................................................... 6 

The Extent Of Relief E. Frank Wade Realty, LLC. Seeks And The Reason 

E. Frank Wade Realty, LLC Seeks The Relief.. ......................................................... 9 

The Reasons Why Granting E. Frank Wade Realty, LLC Request's Would Be In 

The Public Interest ....................................................................................................... 11 

The Reasons Why Granting The Exemption To E. Frank Wade Realty, LLC 

Would Not Adversely Affect Safety ............................................................................ .20 

Summary That Can Be Published In The Federal Register. ........................................ .22 

Any Additional Information, Views, Or Arguments Available To Support E. Frank 

Wade Realty LLC Request. ......................................................................................... 22 

Conclusion .................................................................................................................... 23 

Appendices ...................................................................................... 24 

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GLOSSARY OF ABBREVIATIONS 

'-, ! 

c J ' 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 

-1 GCS Ground Control Station 

J GPS Global Positioning System c J 

LOL Loss ofLink 

NAS National Airspace System 

NOT AM Notice to Airman 

PIC Pilot In Command -- -~ 

l Section 333 FAA Modernization and Reform Act 

c l of 2012 (FMRA) 

so Safety Observer 

l SOP Standard Operating Procedures .J UAS Unmanned Aircraft 

l UAS Unmanned Aircraft System 

-J VFR Visual Flight Rules 

VLOS Visual Line of Site 

-- ' VMC Visual Meteorological Conditions 

i VTOL Vertical Takeoff and Landing 

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SUMMARY 

Eugene F. Wade dba. E. Frank Wade Realty, LLC hereafter referred to as The Petitioner request 

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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft 

System DJI Phantom 2 Vision Plus - Version 3 pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit The Petitioner to operate an Unmanned 

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

residential and commercial real estate over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

The Petitioner is a licensed Texas Real Estate Broker who has been fingerprinted and passed a criminal 

background check as required by the Texas Real Estate Commission. (Pubic ID# 0479816) The Petitioner is 

also a multiyear member of the Academy of Model Aeronautics (Member # 1054047) and The Lone Star 

Aeronuts RIC Club. The Petitioner has fifteen (15) years of experience provided clients with expertise and 

knowledge in video and multimedia marketing of real estate properties. The Petitioner currently has been 

supplying clients with ground-based photography. The objective of the Petitioner and my Unmanned Aircraft 

System (DJI Phantom 2 Vision Plus- Version 3) aerial operations is to provide a more affordable, high-quality 

production system for Residential Real Estate Marketing. 

The Petitioner has safely flown RC electric quad copters recreationally for over 18 months without 

incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus- Version 3 

The Petitioner seeks an exemption to operate a DJI Phantom 2 Vision Plus - Version 3 for 

compensation or hire within the NAS. The Phantom 2 Vision Plus- Version 3 is vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UAS) with a Ground Control Station (GCS) utilizing electronic 

tablet or smart phone systems. Phantom 2 Vision Plus - Version 3 has a maximum gross weight of 2. 8 

lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps. The 

Phantom 2 Vision Plus - Version 3 is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. The Petitioner will limit the UAS to a maximum flying height of 200 

feet; more than sufficient for Residential Real Estate Marketing. 

The DJI Phantom 2 Vision Plus - Version 3 that will be operated by The Petitioner is registered in 

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

Registration, UAS is marked as (N-7277) ICAO Aircraft Address Code (52340332). 

BASIS FOR PETITION 

The Petitioner, 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 Phantom 

2 Vision Plus- Version 3, UAS in the National Airspace System (NAS), and for an exemption from 

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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)(l), 

91.409(a)(l) & (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, The Petitioner operation of DJI Phantom 2 Vision Plus - Version 3 UAS 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate 

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

Accordingly, The Petitioner requests relief from Sections 91.405(a), 91.407(a)(l), 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. 

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

ensured. The Petitioner will use experienced personnel or technicians to perform maintenance, 

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

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision 

Plus - Version 3 Instruction Manual). Furthermore, The Petitioner will document and maintain all 

maintenance records for the DJI Phantom 2 Vision Plus- Version 3 UAS. 

The Petitioner seeks relief from certain requirements of Section 61.113 (a) and (b), entitled Private 

pilot privileges and limitations: Pilot in command, is requested by The Petitioner 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 UAS in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

The Petitioner seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 2 Vision Plus- Version 3 UAS do not require an airworthiness certificate in accordance with 

14 C.F .R. Part 21, Subpart H. As such, The Petitioner submits that they will ensure that the DJI 

Phantom 2 Vision Plus - Version 3 UAS is in an airworthy condition, prior to every flight, by 

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

Log, and DJI Phantom 2 Vision Plus - Version 3 Instruction Manual), and that the aircraft are in a 

condition for safe flight. 

The Petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI Phantom 2 Vision Plus - Version 3 UAS will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 2 Vision Plus - Version 3 UAS 

will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring 

of the flight path. This altitude information, combined with The Petitioner's operation of the DJI 

Phantom 2 Vision Plus - Version 3 UAS within visual line of sight, at or below 200 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. 

Additionally, The Petitioner seeks an exemption from the requirements of Section 91.151(b), entitled 

Fuel requirements for flight in VFR conditions. The Petitioner submits that safety will not be affected 

by operation of the DJI Phantom 2 Vision Plus - Version 3 UAS during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly 

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for a total duration of approximately 20 minutes. Battery power indicators are also able to show 

exactly how much battery power remain, as well as how much time is needed to return safely back to 

point of take off. 

In accordance with 14 C.F .R. § 11.81, The Petitioner 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: 

Eugene F. Wade. Broker 

Eugene F. Wade Realty, LLC 

3103 Quail Run Drive 

Round Rock, TX 78681-1240 

P-512.259.1775 F-512.579.4255 

Frank@EFrank Wade.com 

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

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

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

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

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

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

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

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

with any business or employment if-

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

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

2. The Petitioner 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. The Petitioner Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

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

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

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(ii) If there is no station within the area prescribed in paragraph (a)(l)(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. The Petitioner Seeks Exemption From The Requirements Of Section 91.151(b ). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. 

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

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft-

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

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

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

6. The Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(l) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(l), 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. The Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(l) 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 ofthis chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. 

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

91.417(b). 

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

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

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

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

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

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

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

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

performed; and 

(ii) The date of completion ofthe 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 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)(l) 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. 

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(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 The Petitioner Seeks And The Reason The Petitioner Seeks The Relief . 

1. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 

Section 61.113(a) And (b). 

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

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

certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or 

hire. 

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

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

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft 

does not carry passengers or property for compensation or hire. 

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

maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus- Version 3 UAS 

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

able to safely operate the DJI Phantom 2 Vision Plus - Version 3 UAS in a manner consistent with the 

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

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

Further, The Petitioner submits that all flights of the DJI Phantom 2 Vision Plus - Version 3 UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The Petitioner's 

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

2. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 

Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow The Petitioner to determine that the DJI Phantom 2 Vision Plus - Version 3 UAS are in 

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

documents (i.e., The Petitioner Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision Plus - Version 3 Instruction Manual). 

The Petitioner seeks the requested relief because the DJI Phantom 2 Vision Plus - Version 3 UAS do 

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

The Petitioner will ensure that the DJI Phantom 2 Vision Plus - Version 3 UAS are in airworthy 

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

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and DJI Phantom User Manual) 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 The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 

Section 91.121. 

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

the DJI Phantom 2 Vision Plus - Version 3 UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information from the 

UAS 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), The Petitioner seeks the requested relief because the DJI Phantom 2 Vision Plus -

Version 3 UAS'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 Vision Plus -

Version 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 

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

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

4. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 

Section 91.151(b ). 

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

the extent required to allow flights of the battery powered DJI Phantom 2 Vision Plus - Version 3 

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 20 minutes. The Petitioner seeks the requested relief because without an 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 

Vision Plus - Version 3 UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that The Petitioner proposes to conduct pursuant to this Petition. 

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

Version 3 UAS, the DJI Phantom 2 Vision Plus- Version 3 operating documents, and The Petitioner's 

proposed operating limitations, ensure that The Petitioner will safely operate the battery powered DJI 

Phantom 2 Vision Plus - Version 3 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 20 

minutes. 

5. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 

Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, The Petitioner requests relief from these Sections because the 

DJI Phantom 2 Vision Plus - Version 3 UAS do not require airworthiness certificates. As set forth 

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more fully below, the DJI Phantom 2 Vision Plus - Version 3 UAS meet the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, The Petitioner will use 

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

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

! 

, Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus - Version 3 

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Instruction Manual). Furthermore, The Petitioner will document and maintain all maintenance records 

for the DJI Phantom 2 Vision Plus - Version 3 UAS. 

D. The Reasons Why Granting The Petitioner 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 The Petitioner too safely, 

efficiently, and economically perform aerial video and photography of real estate over certain areas of 

the United States. 

Additionally, use of the DJI Phantom 2 Vision Plus - Version 3 UAS will decrease congestion of the 

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

Petitioner's proposed operation of the DJI Phantom 2 Vision Plus - Version 3 UAS without 

implicating any privacy issues. 

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

The DJI Phantom 2 Vision Plus- Version 3 UAS are battery powered and serve as a safe, efficient, 

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

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

the use of a DJI Phantom 2 Vision Plus - Version 3 UAS would reduce the amount of manned aircraft 

in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air 

and on the ground. 

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

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision PlusVersion 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision Plus -

Version 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus - Version 3 UAS, instead of 

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

pollution generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Phantom 2 Vision Plus - Version 3 UAS produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and photography, while 

burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision Plus 

Version 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

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pollution, as the UAS are propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 2 Vision Plus - Version 3 UAS to perform aerial acqms1t10ns, 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 Vision 

Plus - Version 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with 

diagonal dimension of 23 .2 inches, and with no fuel on board), has less physical potential for collateral 

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

typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision Plus -

Version 3 VAS Will Benefit The Economy . 

In addition to being safe and efficient, the DJI Phantom 2 Vision Plus - Version 3 UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 2 Vision Plus - Version 3 UAS will allow United States based 

companies, like The Petitioner, 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 Vision Plus - Version 3 UAS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but also provides such flexibility without 

the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision Plus - Version 3 UAS, companies such as The Petitioner, 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 Vision Plus - Version 

3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and 

federal tax revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues . 

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

Petitioner's proposed operation of the DJI Phantom 2 Vision Plus- Version 3 UAS will not implicate 

any privacy issues. Specifically, the DJI Phantom 2 Vision Plus - Version 3 UAS will be operated only 

in compliance with operating documents (i.e., The Petitioner Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision Plus - Version 3 Instruction Manual) which requires 

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

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.P.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 The Petitioner Seeks Exemption. 

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1. Reasons Why The DJJ Phantom 2 Vision Plus - Version 3 VAS 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, The Petitioner's operation of the DJI Phantom 2 Vision Plus - Version 3 

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

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

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

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

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

part: 

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

180 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the plan and rulemaking required by section 332 of this Act or 

the guidance required by section 334 of this Act. 

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

subsection (a), the Secretary shall determine, at a minimum--

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

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and 

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

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

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

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, The Petitioner submits that the DJI Phantom 2 Vision Plus - Version 3 

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

characteristics of the DJI Phantom 2 Vision Plus - Version 3 UAS; (b) without the pilot certification 

requirement; and (c) within the specific operating limitations . 

a. The Specifications Of The DJI Phantom 2 Vision Plus- Version 3 VAS Demonstrate Its Safe 

Characteristics. 

The DJI Phantom 2 Vision Plus - Version 3 UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability. 

i. Technical Specifications Of The DJI Phantom 2 Vision Plus- Version 3 UAS. 

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The technical specifications of the DJI Phantom 2 Vision Plus - Version 3 UAS are set forth by the 

DJI Phantom 2 Vision Plus- Version 3 User Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 2 Vision Plus- Version 3 VAS Global Positioning Modes Enable The 

VAS To Remain Within A Defined Operational Area. 

The DJI Phantom 2 Vision Plus - Version 3 UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 2 Vision Plus - Version 3 UAS is provided at pages 11 of the DJI Phantom 2 Vision Plus -

Version 3 User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 2 Vision Plus - Version 3 VAS 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 Vision Plus- Version 3 UAS will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus- Version 3 UAS 

does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost 

and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision Plus - Version 3 UAS 

are set forth at pages 12 through 14 of the DJI Phantom 2 Vision Plus - Version 3 User Manual, 

attached hereto as Appendix A. 

iv. The DJI Phantom 2 Vision Plus- Version 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 2 Vision Plus- Version 

3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 2 Vision 

Plus- Version 3 User Manual. The User Manual is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 2 Vision Plus- Version 3 VAS Is Limited To The Line Of 

Sight Of A Certificated Pilot in Command With A Safety Observer. 

The Petitioner will be the only person to act as a pilot in command (PIC) of the DJI Phantom 2 Vision 

Plus- Version 3 UAS. Additionally, a safety observer will assist him at all times during flight time. 

c. Flights Of DJI Phantom 2 Vision Plus- Version 3 VAS Will Be Conducted Pursuant To 

Specific Operating Limitations. 

In seeking this exemption, The Petitioner proposes to commercially operate DJI Phantom 2 Vision 

Plus- Version 3 UAS for the special purpose of conducting aerial video and photography over certain 

areas of United States, pursuant to the following specific operating limitations. 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

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

maximum gross weight: DJI Phantom 2 Vision Plus - Version 3 Unmanned Aircraft 

Systems. Proposed operations of any other aircraft will require a new petition or a petition 

to amend this grant. 

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

purpose of aerial video and photography. 

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3. The UAS will not be flown at an indicated airspeed exceeding 10 knots. 

4. The UAS will not be operated at an altitude of no more than 200 feet above ground level 

(AGL). 

5. The UAS will be operated within visual line of sight (VLOS) ofthe PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses. 

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

permitted. 

7. All operations will utilize a safety observer (SO). The SO will 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 will not 

be permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer their designation for the duration of the flight. The PIC must ensure that the 

SO can perform the functions prescribed in the operating documents. 

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

avoiding other air traffic and other ground based obstacles/obstructions and will not be 

permitted to operate the camera or other instruments. 

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

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained in 

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

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

revise its operating documents. It is the operator's responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for extension or amendment 

to the grant of exemption. If the operator determines that any update or revision would 

affect the basis upon which the FAA granted the exemption, then the operator must petition 

for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) may 

be contacted if questions arise regarding updates or revisions to the operating documents . 

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

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground Control 

Station must be included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records. 

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

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry 

in the aircraft records. 

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

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

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

overhaul; replacement, inspection, and life limit requirements. 

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

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and the 

signature of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

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

taken against discrepancies discovered between inspections. 

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

qualification criteria and demonstrates the ability to 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.P.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 UAS with appropriate distance from 

nonparticipants in accordance with 14 C.P.R.§ 91.119. 

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

operations must be conducted under visual meteorological conditions (VMC). 

20. The UAS will not operate within 5 nautical miles of an airport reference point as 

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

that airport's management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator's COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

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

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

22. If the UAS 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. 

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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 UAS with 25% battery power remaining. 

25. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.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 UAS must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

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

PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

29. The UAS must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

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

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS 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 

UAS, 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 

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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. 

The Petitioner 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 Vision Plus- Version 3 

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 Vision Plus - Version 3 UAS in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

Considering The Petitioner's proposed area of operations, and the operating limitations set forthabove; 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 Vision Plus - Version 3 UAS, The Petitioner submits that the additional manned 

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

necessary for The Petitioner'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). 

The Petitioner will not allow any PIC to operate the DJI Phantom 2 Vision Plus - Version 3 UAS 

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

2 Vision Plus - Version 3 UAS training and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2 Vision Plus - Version 3 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 three (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 The 

Petitioner'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 

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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 three (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 UAS with appropriate distances in accordance with 14 

C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, The Petitioner will ensure safe operations by not allowing any PIC to operate the DJI 

Phantom 2 Vision Plus - Version 3 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 Vision 

Plus - Version 3 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, The Petitioner will ensure that the DJI Phantom 2 Vision Plus - Version 3 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 Vision Plus - Version 3 UAS will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UAS to the 

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

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The Petitioner's operation of the DJI Phantom 2 Vision Plus - Version 3 UAS within visual line of 

sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

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

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

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

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

Adversely Affect Safety. 

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

91.151(b) because of (1) the technical specifications of the DJI Phantom 2 Vision Plus- Version 3 

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, The Petitioner will ensure that it will safely operate the battery powered DJI 

Phantom 2 Vision Plus - Version 3 UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 20 minutes. 

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

Version 3 UAS; the limitations on the proposed flight operations; and the location of the proposed 

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

Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus - Version 3 UAS provide 

audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the 

first warning occurring at approximately 33% remaining battery power, and again at approximately 

10% remaining battery power. At the critically low battery level, the DJI Phantom 2 Vision Plus -

Version 3 UAS will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the UAS 

are considered. Relief has been granted for manned aircraft to operate at less than the minimums 

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA 

has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety. 

In seeking this exemption, The Petitioner 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)(l), 

91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because The Petitioner will use trained 

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

methods, techniques, and practices prescribed in the operating documents (i.e., The Petitioner Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus - Version 3 

Instruction Manual). Furthermore, The Petitioner will document and maintain all maintenance records 

for the DJI Phantom 2 Vision Plus - Version 3 UAS. 

Since the DJI Phantom 2 Vision Plus- Version 3 UAS will be inspected as prescribed by the operating 

documents, The Petitioner will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 2 Vision Plus- Version 3 User 

Manual is attached hereto as Appendix A; a copy of the DJI Phantom 2 Vision Plus- Version 3 UAS 

Maintenance LOG is attached hereto as Appendix B. 

Likewise, the exemption sought will not adversely affect safety because The Petitioner will use trained 

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

methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision PlusVersion 3 UAS will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 

91.409(a)(l) & (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 The Petitioner's proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 2 Vision Plus - Version 3 UAS, The Petitioner submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(l) 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 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 

C.F.R. § 21.16 entitled Special Conditions, The Petitioner requests that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 2 Vision Plus - Version 3 UAS, which 

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

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 

(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 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. 

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Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F .R. 

§ 21.16, for operation of the DJI Phantom 2 Vision Plus- Version 3 UAS, since the airworthiness 

regulations of 14 C.F .R. Part 21 do not contain adequate or appropriate safety standards, due to the 

novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the 

following: 

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

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

to that established in the regulations. 

See 14 C.P.R.§ 21.16. 

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

special conditions for Leading Edge's intended operation of the DJI Phantom 2 Vision Plus- Version 

3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.P.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)(l) & (a)(2), and 

91.417(a) & (b). 

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

From Which The Petitioner Seeks Exemption: 

The Petitioner seeks exemption from the requirements of 14 C.FR 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 The Petitioner Seeks: 

This exemption will permit The Petitioner to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas 

of the United States. 

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

Petitioner's Request. 

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

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, The Petitioner's request for exemption may be granted 

pursuant to the authority ofFMRA Section 333 and 14 C.P.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. 

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As discussed in detail above, The Petitioner will operate the DJI Phantom 2 Vision Plus - Version 3 

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

pose a threat to national security. 

CONCLUSION 

As set forth herein, The Petitioner seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 

ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the 

DJI Phantom 2 Vision Plus - Version 3 UAS commercially, without an airworthiness certificate, for 

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

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the 

FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by 

allowing The Petitioner to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus 

- Version 3 UAS commercially within the NAS. 

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

and Reform Act of 2012, Section 333, The Petitioner respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

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

Leading Edge to operate the DJI Phantom 2 Vision Plus - Version 3 UAS commercially for the 

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

Dated: July 14,2015 

Respectfully submitted, 

~~~~ttl Eugene F. Wade. Broker 

Eugene F. Wade Realty, LLC 

3103 Quail Run Drive 

Round Rock, TX 78681-1240 

P-512.259.1775 F-512.579.4255 

Frank@EFrank Wade.com 

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Appendices A 

Click Here 

DJI Phantom 2 Vision Plus- Version 3 User Manual 

Or 

Enter the following into your Internet Browser 

http://download.djiinnovations.com/downloads/phantom _2 _vision _plus/en/Phantom_ 2 _Vision _Plus_ User_ Manual_ vl.8_ en. pdf 

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Appendices B 

UAS Maintenance Log 

DJI Phantom 2 Vision Plus- V 3.0 

Serial Number PH6454733773 V3.0 

Registration Marks N-7277 

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