November 18, 2015

 

Exemption No. 11592A

Regulatory Docket No. FAA–2015–0443

Mr. Wesley W. Myers, Jr. 

729 Northwest 10th Avenue

Dania Beach, FL 33004

Dear Mr. Myers:

This letter is to inform you that we have partially granted your petition for an amendment. It 

explains the basis for our decision, describes its effect, and lists any changes to the original

conditions and limitations.

By letters dated May 18 and August 31, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an amendment to your current exemption. That exemption 

from §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

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

Title 14, Code of Federal Regulations (14 CFR) allows the petitioner to operate a UAS for the 

purpose of aerial data collection. You requested an amendment to add the DJI Phantom 3 

Professional, DJI Phantom 3 Advanced, DJI Inspire 1, DJI S900, DJI S1000, and DJI 1000+, 

as well as relief from the flight portion of Condition No. 13 that requires the PIC to meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. 

In your petition, you made no mention to any change in the conditions and reasons relative to 

public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft authorized in the original grant is comparable in type, size, weight, speed 

and operating capabilities to those in this petition.
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Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11592

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Wesley W.

Myers, Jr. is granted an amendment to its exemption to add new aircraft to its UAS 

operations. 

At this time, the FAA is not prepared to act on the petitioner’s request for changes to 

Condition No. 13 regarding the PIC certification requirements. When the FAA completes its 

review, we will proceed accordingly. 

The operator shall add this amendment to its original exemption.

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11592 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, 

DJI Phantom 2 Vision, and DJI Phantom 2 Vision+, the DJI Phantom 3 Professional, 

DJI Phantom 3 Advanced, DJI Inspire 1, DJI S900, DJI S1000, and DJI 1000+ when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service