City of McAllen, UAV Petition for Exemption   

U.S. Department of Transportation            

Docket Management System             Robert L. Canterbury, P.E. 

1200 New Jersey Avenue, SE                            Capital Projects Engineer  Washington, D.C. 20590         City of McAllen 

           311 N. 15th Street 

           McAllen, Texas 78501 

 

BASIS FOR PETITION 

Petitioner, CITY OF McALLEN , 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 Vision+, in the National Airspace

System (NAS), and for an exemption from the requirements of :

14 C.F.R §§ 61.113(a) & (b) 

14 CFR 45.23(b) 

91.7(a),  

91.121, 

91.151(b),  

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91 

Name and Address of the Petitioner 

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

YVETTE BARRERA, P.E., CFM

CITY ENGINEER ENGINEER

CITY OF McALLEN

311 NORTH 15TH STREET

McALLEN, TEXAS 78501

OFFICE: 956‐681‐1151  

Email: ybarrera@mcallen.net

PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by

its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a)

or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).  
City of McAllen, UAV Petition for Exemption   

The City of McAllen proposes to use one or more Unmanned Aerial Drones (DJI PHANTOM 2 Vision +), for the

following uses:

 Inspections of city‐owned stormwater canal system

 Inspections of city‐owned road rights of way

 Periodic inspections of city‐funded infrastructure improvement projects

 Bridge inspections

 Assist with damage assessments or situational status reports during emergency response operations

 Evaluations within the city related to flora & fauna (vegetation & wildlife) issues.

 Support to law enforcement and fire departments during response operations.

 Assist with site security during city‐sponsored events (ie. 4th of July, New Years, parades, etc.)  

This aircraft has four rotors and four motors in a quadcopter configuration (X4).  It is only capable of vertical

takeoff and landings.  This UAS weighs less than 55 lbs. including payload, can fly, under normal conditions at a speed of

no more than 30 knots and has the capability to hover, and move in the vertical and horizontal plane simultaneously.

This UAS is equipped with GPS and auto‐return function to the predetermined safe landing area as well as allowing

reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only in line of sight and will

operate only within the limits of public rights of way or easements. Such operations will be conducted to insure that the

UAS will “not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems

may operate safely in the national airspace system (NAS) before completion of the rule making required under Section

333 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not

create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace

system.” Id. §333(c).

     The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its

terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the

requirement that all civil aircraft must have a current airworthiness certificate.

   The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a)

or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

RELIEF OVERVIEW 

     Given the small size of the UAS involved and the restricted environment within which they will operate, the applicant

falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must,

by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the

restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue.  
City of McAllen, UAV Petition for Exemption   

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit,

including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing

UASs for aerial inspections, surveying, photography and videography, the grant of the requested exemptions is in the

public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption.

 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

   CITY OF McALLEN proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or

even higher level of safety to operations under the current regulatory structure because the proposed operations

represent a safety enhancement to the already safe aerial inspections, surveying and photography and videography

operations conducted with conventional aircraft.

These limitations and conditions to which CITY OF McALLEN agrees to be bound when conducting commercial

operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a Pilot‐In Command (PIC) and a Safety Observer (SO).

3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be terminated at 25%

battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated

platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot and one Visual Observer.

6. The UAS will only operate within the defined project area, the boundaries of which will be determined by the UAS

Pilot‐In‐Command (PIC) based on the site‐specific activities and speed of the UAS required for the operation, and

coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

7. A briefing will be conducted in regards to the planned UAS operations prior to each day’s operation. It will be

mandatory that all personnel who will be performing duties within the boundaries of the project be present for this

briefing.

8. The UAS Pilot and Safety Observer will be able to communicate by voice and/or two way radio communication

system at all times.

9. The operations of the UAS will be limited to daylight‐only operations.

10. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre‐

determined location within the Project Perimeter and land safely.

11. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

     Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with

the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports

and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated

without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as
City of McAllen, UAV Petition for Exemption   

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without

the restrictions and conditions proposed.

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

its operation, the CITY OF McALLEN’s operation of DJI Phantom 2 Vision+, 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 CITY OF McALLEN 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. CITY OF McALLEN submits that the requested relief is proper since an equivalent level of safety

will be ensured. CITY OF McALLEN will use experienced personnel or technicians as needed to perform maintenance,

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

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, CITY

OF McALLEN will document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS.

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

Pilot in command, is requested by CITY OF McALLEN to the extent necessary to allow a Pilot in Command (PIC) meet or

exceed the described requirements of operations set by manufacturer, and who has demonstrated, that the PIC is able

to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and

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

CITY OF McALLEN seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom

2 Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CITY

OF McALLEN submits that he will ensure that the DJI Phantom 2 Vision+ UAS is 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 Vision+ Instruction Manual), and that the aircraft are in a condition for safe flight.  

CITY OF McALLEN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings,

as the DJI Phantom 2 Vision+ will not have a typical barometric altimeter onboard. However, altitude information of the

DJI Phantom 2 Vision+ 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 CITY OF McALLEN’s operation of the DJI Phantom 2 Vision+  UAS within visual

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.  

Additionally, CITY OF McALLEN seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. JWR submits that safety will not be affected by operation of the DJI Phantom 2

Vision+ 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 30 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 5 minutes.  

 

EXTENT AND REASONING WHY CITY OF McALLEN SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE:   

1. Section 61.113(a) & 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 meet all requirements as described in the DJI Phantom 2 Vision+

owner’s manual 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
City of McAllen, UAV Petition for Exemption   

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, CITY OF McALLEN submits that an equivalent level of safety will be maintained

because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated that the PIC

is able to safely operate either the DJI Phantom 2 Vision+ 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, CITY OF McALLEN submits that all flights of the DJI Phantom 2 Vision+ 1 UAS, conducted by the PIC

pursuant to the grant of this Petition: (1) will be incidental to CITY OF McALLEN’s business; and (2) will not carry

passengers or property for compensation or hire.  

2. 91.7(a).  

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

OF McALLEN to determine that the DJI Phantom 2 Vision+ UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the CITY OF McALLEN Operations Manual,

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

CITY OF McALLEN seeks the requested relief because the DJI Phantom 2 Vision+ UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CITY OF McALLEN will ensure that

the DJI Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction 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. 91.121.  

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

Phantom 2 Vision+ UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications

telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since

the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet

above ground level (AGL), JWR seeks the requested relief because the DJI Phantom 2 Vision+ UA 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+ UA 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. 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+ UA during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 25 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 5 minutes. JWR seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ UA

will severely constrain the practicality of any aerial video or still photo flight operations that CITY OF McALLEN proposes

to conduct pursuant to this Petition.  
City of McAllen, UAV Petition for Exemption   

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

Vision+ operating documents, and CITY OF McALLEN ‘s proposed operating limitations, ensure that CITY OF McALLEN will

safely operate the battery powered DJI Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 25 minutes to the first

point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

14 CFR 45.23(b) 

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications.  UAV

Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on

which to mark certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft.

Regardless, UAV Field Services will mark its UAS in the largest possible lettering by placing the "N "number on its

fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others working with the UAV will

see the markings. The FAA has previously issued exemptions to this regulation through‐ Exemption No 10167 and 

10700 

5. 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, CITY OF McALLEN requests relief from these Sections because the DJI Phantom 2 Vision+ UAS

do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ UAS meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly CITY OF McALLEN 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 CITY OF McALLEN aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, CITY OF McALLEN will

document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS.  

 

The Reasons for granting this request are entirely beneficial to the public and community as a whole.    

Granting the present Petition will further the public interest by allowing CITY OF McALLEN to safely, efficiently,

and economically perform aerial video and photographic surveys and inspections of construction sites, rights of way,

utility easements, and other sites within the City of McAllen, Texas.   

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems

may operate safely in the national airspace system (NAS) before completion of the rule making required under Section

332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS do not

create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace

system.” Id. §333(c).
City of McAllen, UAV Petition for Exemption   

     Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the

FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the

UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no national

security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public

benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with

allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

 

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY 

1. The Public Will Benefit from Decreased Congestion of the NAS.  

The DJI Phantom 2 Vision+ UA 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+ 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+ UA 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+ UAS.  

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

benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video

and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ 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+ UA, 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 Vision+ UAS to perform aerial observation, 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+ UA (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with length

of 16  inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and

property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity

of 180 gallons).  

3. Performing Aerial Video and Photography, Surveys and Inspections, Operations with the DJI Phantom 2 Vision+ 

UAS Will Benefit the Economy.  
City of McAllen, UAV Petition for Exemption   

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

to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ UAS will

allow the CITY OF McALLEN, to provide quality services to the residents and businesses of the City and the Region at

minimum costs. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”)

regulatory actions phasing out leaded aviation fuels, agencies must adopt new and alternative technology in continue to

provide required services at reasonable costs. Operating the battery powered DJI Phantom 2 Vision+ UAS is one such

technology that not only allows agencies & 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 Vision+ UAS, the CITY OF McALLEN can maintain and hopefully improve our

ability to operate and maintain critical infrastructure and at the same time collect important data for further

development of system‐wide modeling of water, water, stormwater and roadway systems as well as provide accurate

and current data related to environmental issues such as ground cover, vegetation & wildlife habitats.  

4. There Are No Privacy Issues.  

Similar to the manned aerial acquisition flight operations that have been conducted for decades, the CITY OF McALLEN’s

proposed operation of the DJI Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically, the DJI Phantom

2 Vision+ UAS will be operated only in compliance with operating documents (i.e., the CITY OF McALLEN Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) which requires property

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

Regulations, including the maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119.  

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 CITY OF McALLEN 

SEEKS EXEMPTION.  

1. Reasons Why The DJI Phantom 2 Vision+ UA 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, CITY OF McALLEN’S operation of the DJI Phantom 2 Vision+ 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.  

In seeking this exemption, CITY OF McALLEN submits that the DJI Phantom 2 Vision+ UAS can operate safely in

the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b)

the pilot certification requirement; and (c) the specific operating limitations.  

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

The DJI Phantom 2 Vision UAS 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 Vision+ UAS.  

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

Specifications and Data Sheet attached.

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area.  
City of McAllen, UAV Petition for Exemption   

The DJI Phantom 2 Vision+ UAS 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 Vision+ UAS are included

in the User Manuals.

iii. The DJI Phantom 2 Vision+ 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 Vision+ UA will remain stationary, in flight, for 3 seconds

or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UA does not reacquire control link data from the

GCS, the 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 Vision+ UA are set forth in the DJI

Phantom 2 Vision+ User Manual, attached.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation.  

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

control software is provided in the DJI Phantom 2 Vision+ User Manual.  

b. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific Operating Limitations.  

In seeking this exemption, CITY OF McALLEN proposes to commercially operate DJI Phantom 2 Vision+ 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 UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2

Vision+ Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or

a petition to amend this grant.  

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

video and photography.  

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated

by the procedures specified in the operating documents unless a special request is made and approved by

ATC. All altitudes reported to ATC must be in feet AGL.  

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to

be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s

FAA‐issued airman medical certificate.  

6. The use of first person view camera to satisfy the visual line of site by the PIC or safety observer (SO) is

not permitted.  

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

long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at

all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be

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

must ensure that the SO can perform the functions prescribed in the operating documents.  
City of McAllen, UAV Petition for Exemption   

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

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other

instruments.  

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

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

limitations contained in the grant of exemption and the procedures outlined in the operating documents,

the conditions and limitations contained in the grant of exemption take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator

may update or revise its operating documents. It is the operator’s responsibility to track such revisions and

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

present updated and revised documents if it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would affect the basis upon which the

FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The

FAA’s UAS Integration Office (AFS‐80) may be contacted if questions arise regarding updates or revisions to

the operating documents.  

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to be in a condition

for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

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

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The

PIC who conducts the functional test flight must make an entry in the aircraft records.  

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

items, or equipment, not already covered in the relevant sections of the operating documents.  

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

replacement, inspection, and life limit requirements.  

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft records, including total time in

service, description of work accomplished, and the signature of the authorized person returning the UAS to

service.  

15. Each UASs 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 PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably

operate the DJI Phantom 2 Vision+, or hold an equivalent pilot license approved by the FAA.   

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification

criteria and demonstrates the ability to safely operate the UAS in a manner 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
City of McAllen, UAV Petition for Exemption   

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s

PICs are permitted under the terms of the exemption. However, training operations may only be conducted

during dedicated training sessions. During training, proficiency, and experience‐building flights, all persons

not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with

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

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

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will

be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules

(SVFR) are not authorized.  

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

FAA‐published aeronautical chart unless a letter of agreement with that airport’s management is obtained,

and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter

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

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a pre‐ determined location

within the planned operating area and land or be recovered in accordance with the operating documents.  

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

the operating documents.  

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

there is enough power to fly at normal cruising speed to the intended landing point and land the UA with

25% battery power remaining.  

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

(COA) prior to conducting any operations under the grant of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in

the ATO issued COA including class of airspace, altitude level and potential transponder requirements.  

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered

in accordance with 14 C.F.R. part 47, and have identification (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.  

28. The UA must remain clear and yield the right of way to all manned aviation operations and activities at

all times.  

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

30. All operations shall be conducted over publicly owned or controlled property. Any operation over

privately owned property would require 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.
City of McAllen, UAV Petition for Exemption   

31. 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

THE CITY OF McALLEN AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S

FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS

OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA.  THANKYOU FOR YOUR CONSIDERATION.

YVETTE BARRERA, P.E., CFM

CITY ENGINEER