August 31, 2015

Exemption No. 12678

Regulatory Docket No. FAA−2015−2486

Mr. Jae H. Ryu

Ryu Engineering and Company, PLLC.

P.O. Box 170842

Boise, ID 83716

Dear Mr. Ryu:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 1, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Ryu Engineering and Company, PLLC. (hereinafter petitioner or operator) for an

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct agricultural applications, such as drought monitoring, pest control, and other crop 

stress monitoring.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom II.

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 
2

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.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Ryu Engineering and Company, PLLC. is granted an 

exemption from 14 CFR §§ 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), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Ryu Engineering and Company, PLLC. is hereafter referred to as 

the operator.

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 II

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.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

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

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein 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 or any law enforcement official upon request. The 

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

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also 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.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

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

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

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

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

RYU ENGINEERING AND COMPANY, PLLC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM 

OVER THE STATE OF IDAHO 

PURSUANT TO SECTION 333 OF THE 

FAA MODERNIZATION AND REFORM ACT OF 2012 

Submitted on June 1, 2015 

Jae H. Ryu 

Ryu Engineering and Company, PLLC. 

POBOX 170842 

Boise, Idaho 83716 

Tel: (208) 724-0531 

Fax: (208) 473-5120 

Petitioner 
2

Contents 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER .............................. 5 

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

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

A. Name And Address Of The Petitioner. ........................................................... 7 

B. The Specific Sections Of 14 C.F.R. From Which REC Seeks Exemption. .... 7 

C. The Extent Of Relief REC Seeks And The Reason REC Seeks The Relief. ..... 9 

D. The Reasons Why Granting REC’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As a Whole. ........................ 12 

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 REC Seeks Exemption. ...... 16 

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

Rules From Which REC Seeks Exemption: ......................................................... 26 

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

REC’s Request. ..................................................................................................... 26 

CONCLUSION ........................................................................................................ 28 
3

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

ATC Air Traffic Control 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

NAS National Airspace System 

Section 333 FAA Modernization and Reform Act of 2012, Section 333 

SMS Safety Management System 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VMC Visual Meteorological Conditions 
4

SUMMARY 

Ryu Engineering and Company, PLLC, seeks exemption from the requirements of 14 

C.F.R. §§91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185 to operate an Unmanned 

Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit Ryu Engineering and Company, 

PLLC, to operate a quadcopter UAS for agricultural applications, such as drought 

monitoring, pest control, and other crop stress monitoring over areas of the State of 

Idaho, while keeping the documents required by the regulations at the ground control 

station and immediately accessible to the pilot in command. Furthermore, the exemption 

will relieve Ryu Engineering and Company, PLLC, from the airworthiness certificate 

standards and the requirement to have a certificate of airworthiness issued for its UAS. 

This exemption will also permit any required markings concerning the operational status 

of the UAS to be displayed on the fuselage of the unmanned aircraft. 

 
5

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Ryu Engineering and Company, PLLC. (hereinafter referred to as “REC”) is a startup 

consulting firm providing drought monitoring and map services in the agricultural industries and 

the water survey. REC has recently acquired a DJI Phantom II Unmanned Aircraft System 

(hereinafter referred to as the “DJI Phantom II UAS”). As set forth in this Petition, REC seeks 

to operate its DJI Phantom II UAS for the special purpose of drought monitoring for western 

agriculture through aerial videography, video documentation, and image production and analysis. 

BACKGROUND 

About DJI Phantom II UAS: Ryu Engineering and Company (REC) seeks an 

exemption to operate a DJI Phantom II UAS for agricultural applications, including drought 

monitoring, pest control, and other crop stress monitoring driven by water shortage, insect 

outbreak, and nutrient deficiency. The specification of DJI Phantom II UAS includes: 1) an 

unmanned quad-rotor aircraft and a transportable ground station, 2) a maximum gross weight of 

approximately 4.4 pounds (2000 grams), while having a diagonal length of 13.7 inches (350mm), 

3) equipped with four independent electric motors turning fixed pitch rotors powered by a single 

Lithium Polymer battery. 

Fig. 1: The DJI Phantom II UAS 
6

The DJI Phantom II UAS is a common, commercially available, model of remote multirotor aircraft. It is currently operating safely within the National Airspace System (NAS) 

pursuant to Advisory Circular 9157, June 9, 1981. The DJI Phantom family of aircraft has been 

operating worldwide since 2006. 

BASIS FOR PETITION 

Petitioner, Ryu Engineering and Company, PLLC, pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 

2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator for an exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 

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

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

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

In the alternative, and in accordance with Federal Aviation Regulation (“FAR”) Section 

21.16, entitled Special Conditions (14 C.F.R. § 21.16) as follows: 

“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 14 CFR 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” 

REC respectfully requests that the Administrator prescribe special conditions for the 

intended operation of the DJI Phantom II UAS that contain such safety standards as the 

Administrator finds necessary to establish a level of safety equivalent to that established by the 

restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185. In the 

alternative, REC seeks an exemption from the requirement to have a certificate of airworthiness 
7

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

In accordance with 14 C.F.R. § 11.81, REC provides the following information in support 

of its petition for exemption: 

A. Name And Address Of The Petitioner. 

The name and mailing address of the Petitioner is: 

Ryu Engineering and Company, PLLC 

POBOX 170842 

Boise, Idaho 83716 

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

follows: 

Jae Ryu 

UAS Project Manager 

Ryu Engineering and Company, PLLC 

 POBOX 170842 

 Boise, Idaho 83716 

 Tel: (208) 724-0531 

 Fax: (208) 473-5120 

 Email: help@ryu-engineering.com

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

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

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

aircraft flight manual, marking, and placard requirements, subsection (b) states the following: 

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

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

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

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

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

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

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. 
8

2. REC Seeks Exemption From The Requirements Of Sections 91.203(a) and 

91.203(b). 

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

Civil aircraft: Certifications required, subsections (a) and (b) state the following: 

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

within it the following: 

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

certificate used to comply with this subparagraph (except a special flight permit, a copy 

of the applicable operations specifications issued under § 21.197(c) of this chapter, 

appropriate sections of the air carrier manual required by parts 121 and 135 of this 

chapter containing that portion of the operations specifications issued under § 21.197(c), 

or an authorization under § 91.611) must have on it the registration number assigned to 

the aircraft under part 47 of this chapter. However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is 

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

special identification number, that has been affixed to an aircraft, may only be obtained 

upon application to an FAA Flight Standards district office. 

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

the United States, the second copy of the Aircraft registration Application as provided for 

in § 47.31(c), or a registration certification issued under the laws of a foreign country. 

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

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

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

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

REC seeks an exemption from 14 C.F.R. § 45.23(b). Section 45.23 entitled Display of 

marks; general, subsection (b), states the following: 

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

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," 

or "provisional," as applicable. 

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

Restricted Category Airworthiness Certification Standards Specified In 14 C.F.R. 
9

§21.185. 

In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 

14 C.F.R. § 21.16 entitled Special Conditions, REC seeks to exempt the DJI Phantom II UAS 

from the restricted category airworthiness certification specified in 14 C.F.R. § 21.185, or the 

requirement to have a certificate of airworthiness issued, as contemplated by 14 C.F.R. Part 

21. Section 21.185 entitled Issue of airworthiness certificates for restricted category aircraft, 

states the following, in part: 

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

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

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

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

21.183. 

C. The Extent Of Relief REC Seeks And The Reason REC Seeks The Relief. 

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

Section 91.9(b). 

Relief is requested because the DJI Phantom II UAS weighs approximately 4.4 pounds 

(2000 grams) at its maximum gross weight and cannot carry the Airplane Flight Manual (See 

Exhibit A) onboard. Furthermore, since the DJI Phantom II UAS is unmanned, the aircrew 

member is located at a ground control station. As such, REC proposes the following conditions 

and limitations to its request for exemption from Section 91.9(b): 

The Airplane Flight Manual must be kept at the ground control station, where it is 

immediately available for reference by the aircrew member (pilot in command) of the DJI 

Phantom II UAS any time the unmanned aircraft is operating. 

The Airplane Flight Manual must be made available within 10 days to any FAA, U.S. 

Department of Defense, or law enforcement official upon request. 

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

Section 91.203(a) and (b). 
10

REC requests relief from the requirement of Section 91.203(a) (i.e., that an appropriate 

and current airworthiness certificate and an effective U.S. registration certificate be carried 

within the aircraft), and further, requests relief from the requirement of Section 91.203(b) (i.e., 

that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew). As the DJI Phantom II UAS is unmanned, it has no cabin, cockpit, 

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

station and no passengers are carried at any time. As such, REC proposes the following 

conditions and limitations to its request for exemption from Sections 91.203(a) and (b): 

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

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

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

The documents required by 91.203(a) and (b) must be made available within 10 days 

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

3. The Extent of Relief REC Seeks And The Reason REC Seeks Relief From 

14 C.F.R. § 45.23(b). 

REC requests relief from the requirement of Section 45.23(b), if applicable, that the word 

“Restricted” be displayed on the DJI Phantom II UAS near each entrance to the cabin, cockpit, or 

pilot station. As the DJI Phantom II UAS is unmanned, it has no cabin, cockpit, pilot station, or 

entrances thereto. REC proposes that, if required, the word “Restricted” be displayed in letters 

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

sides of the DJI Phantom II UAS. 

4. The Extent Of Relief REC Seeks And The Reason REC Seeks Relief From 14 

C.F.R. § 21.185. 

REC seeks relief from the airworthiness certificate requirements of the Federal Aviation 

Regulations and proposes to commercially operate the DJI Phantom II UAS, without an 

airworthiness certificate, for the special purpose of conducting aerial videography services over 
11

the State of Idaho. REC seeks relief from the airworthiness certificate requirements of 14 C.F.R. 

§ 21.185 to the extent that the DJI Phantom II UAS, which has not yet been type certificated by 

the FAA, may be operated as if it were a restricted category aircraft for a single, defined, special 

purpose operation (i.e., aerial videography for drought monitoring). 

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

333”), REC seeks relief from the airworthiness certificate requirements of the FAR because 

operation of the DJI Phantom II UAS will not create a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. 

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

hazard to users of the NAS or the public or pose a threat to national security. Further, 

Section 333 provides the authority for such UAS to operate without airworthiness 

certification. Specifically, Section 333 states the following, in part: 

(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). 

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

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

REC’s intended operation pursuant to this exemption, demonstrate that the DJI Phantom 

II UAS has in the past, and will continue in the future, to operate safely in the NAS 

without creating a hazard to other aircraft or people on the ground. Accordingly, the 

FAA may approve operation of the DJI Phantom II UAS, without an airworthiness 
12

certificate, by setting forth specific operating limitations to ensure a level of safety 

equivalent to what would be provided by airworthiness certification. 

D. The Reasons Why Granting REC’s Request Would Be In The Public Interest; That Is, 

How It Would Benefit The Public As a Whole. 

Granting the present Petition will further the public interest by allowing REC to safely, 

efficiently, and economically perform drought monitoring and image services to mitigate drought 

impacts over the State of Idaho in support of government entities, water infrastructure entities, 

and the broad agricultural industry. Additionally, use of the DJI Phantom II UAS will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the regional 

economy. Notably, the benefits of the proposed operation of the DJI Phantom II UAS will be 

realized without implicating any privacy issues due to large open spaces in agricultural 

farmlands. 

1. The Public Will Benefit From Drought Monitoring via Aerial Videography and 

Image Processes 

REC submits this Petition to perform drought monitoring throughout the State of 

Idaho, in support of government entities, water infrastructure entities, and the broad 

agricultural industry. The DJI Phantom II UAS will provide safe, efficient, and economical 

aerial videography operations and image processes as part of drought monitoring and water 

management exercises to further each of these fields, all of which are critical to the well-being 

of the general public in the State of Idaho. Note that the State of Idaho is ranked 1st in the 

nation for production of potatoes, but water resources is critical to produce much of Idaho’s 

agricultural products, including potatoes, wheat, barley and other grains, and dairies, feedlots, 

and aquaculture. 
13

Therefore, the specific operations that REC will perform with the DJI Phantom II UAS 

demonstrate how the requested exemption will directly benefit the above-referenced industries 

and the public. In water infrastructure industry, the DJI Phantom II UAS will be also used to aid 

in facility inspections (e.g., dam safety), surveying and planning new worksites along with 

environmental stewardship, and performing right of way analysis. The DJI Phantom II UAS 

can carry various cameras for day inspection, can be equipped with additional sensors such as 

hyperspectral cameras and are programmable to fly specific routes regularly using geocaching. 

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

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

resulting in fewer negative externalities. In the broad agricultural industry, the DJI Phantom II 

UAS will be used to gather video footage not otherwise attainable by traditional means in higher 

spatial resolutions. The advantage of unmanned systems is that they provide overviews which 

normally require several cameras, can enter narrow and confined spaces (e.g., closer look for 

damaged crop field due to insect outbreak) and produce little noise. The DJI Phantom II UAS 

provides a great alternative to manned aerial vehicle such as helicopters in that they can provide 

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

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

decrease the costs of aerial videography for drought monitoring and other agricultural 

applications, such as pest control, and crop stress monitoring, thereby maximizing net revenue by 

minimizing costs in the broad agricultural industry in the United States beyond Idaho. 

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

The DJI Phantom II UAS is a battery powered UAS that serves as a safe, efficient, and 

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

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

allowing the use of a DJI Phantom II UAS would reduce the amount of manned aircraft in the NAS, 
14

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

the ground. 

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom II UAS 

does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

aerial survey missions would result in fewer aircraft that must be handled by ATC facilities during 

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

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

UAS. 

Conducting drought monitoring via aerial videography and image processes with the DJI 

Phantom II UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air and noise pollution generated during traditional aerial videography flight operations. 

By using battery power and electric motors, the DJI Phantom II UAS produces no air pollution, and 

is the most viable environmentally conscious alternative to piston or turbine powered rotorcraft. 

The DJI Phantom II UAS, while reducing the carbon footprint of aerial videography, also eliminates 

noise pollution as its battery powered electric motors are barely audible during the take-off phase, 

and cannot be heard when operating more than 100 feet above ground level. 

By using the DJI Phantom II UAS to perform aerial videography, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. Aside from the lack of 

aircrew members located onboard the aircraft, the DJI Phantom II UAS (weighing approximately 

4.4pounds (2000 grams) at its maximum gross weight with a diagonal length of 13.7 inches 

(350mm), 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 

aerial videography (weighing approximately 4,450pounds with a rotor diameter of approximately 
15

34 feet, and a fuel capacity of 110 gallons). The DJI Phantom II UAS has several safety 

features which will minimize the potential for fly-aways and maximize the safe and efficient use 

of the aircraft in the NAS. The DJI Phantom II UAS Naza-M-V2 controller provides Intelligent 

Orientation control (Home Lock and Course Lock features). The Home Lock feature allows for 

a safe return should the operator (i.e. Pilot in Command) get disoriented as to the direction the 

aircraft is moving. Once activated on the remote control, the operator can simply pull back on 

the right control stick and the DJI Phantom II UAS will return to the remote control regardless of 

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

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

provides for fail safe and lost-link safeguards. The fail safe feature means that when the 

controller link is lost all outputs of the command sticks from the controller will go the center 

point. An example would be if the aircraft is in a climbing right turn and the communication 

link is lost, the aircraft would go into a level hover and not continue with the last assigned 

controller instructions. After 3 seconds of the lost-link scenario, the aircraft will climb or 

descent (based on altitude the lost-link occurs) to a pre-assigned altitude and return to the point 

of departure and land itself. A more detailed description of each system is attached as Exhibit 

B. 

4. Performing Drought Monitoring With The DJI Phantom II UAS Will 

Benefit The Economy. 

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

alternative to using manned aircraft to conduct drought monitoring via aerial videography and 

image processes. As such, operation of the DJI Phantom II UAS will allow United States based 

companies, like REC, to remain competitive and contribute to growth of the U.S. economy. 
16

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

(“EPA”) regulatory actions phasing out leaded fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. 

Operating the battery powered DJI Phantom II UAS is one such technology that not only 

allows companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom II UAS, companies such as REC 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 II 

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. 

5. There Are No Privacy Issues. 

Like the manned aerial videography flight operations that have been conducted for 

decades, the proposed operation of the DJI Phantom II UAS will not implicate any privacy 

issues. Specifically, the DJI Phantom II UAS will be operated over the public right-of-way 

or above private property with the property owner/controllers consent, and in accordance with 

all Federal Aviation Regulations. 

E. The Reasons Why 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 REC Seeks Exemption. 

1. Reasons Why An Exemption From The Requirements Of Section 

91.9(b) Would Not Adversely Affect Safety. 
17

This exemption would maintain the level of safety established by Section 

91.9(b) because REC will keep the Airplane Flight Manual (See Exhibit A) at the 

ground control station where the pilot in command flying the DJI Phantom II UAS will 

have immediate access to the document. 

Safety will not adversely affected when the Aircraft Flight Manual is kept at the ground 

control station of a UAS, where it can be immediately accessed by the pilot in command. Section 

91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready access to the 

aircraft limitations while in flight.” However, the FAA has found that UAS will always be 

operated without any passengers or crew onboard by definition of UAS. 

, and that “requiring these special-use aircraft [UAS] to carry superfluous paper 

documents may present a safety hazard to the integrity of the [UAS].” Id. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those recently presented herein (e.g., Exemption Nos. 10167, 10602, 10673, 10835, 

10869, 10968). 

2. Reasons Why An Exemption From The Requirements Of Section 

91.203(a) And (b) Would Not Adversely Affect Safety. 

This exemption would maintain the level of safety established by Sections 91.203(a) and 

(b) because REC will keep the required documents at the ground control station where the pilot 

in command flying the DJI Phantom II UAS will have immediate access. 

Note that the FAA has previously granted exemptions in circumstances similar, in all 

material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 

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

3. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 

45.23(b) Would Not Adversely Affect Safety. 
18

This exemption would maintain the level of safety established by Section 45.23(b) 

because if required, displaying the word “Restricted” with two (2) inch high letters, horizontally 

between outrunners on all four sides of the DJI Phantom II UAS, will inform all parties of the 

unmanned aircraft’s overall operating status. 

Significantly, REC will display the word “Restricted” in two (2) inch high letters in 

compliance with size requirement of Section 45.23(b) (i.e., “letters not less than 2 inches nor 

more than 6 inches high”). By placing the letters horizontally between outrunners on all four 

sides of the DJI Phantom II UAS, will ensure that the word “Restricted” is the in most visible 

location, so that all parties will be informed of the unmanned aircraft’s overall operating status. 

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

material respects, to those presented herein (e.g., Exemption Nos. 8737, 10167, 10167A, 

10700, 10810). 

4. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 21.185, 

Including The Requirement To Have A Certificate Of Airworthiness, Would 

Not Adversely Affect Safety. 

In seeking this exemption, REC submits that the DJI Phantom II UAS can operate safely 

in the NAS above the State of Idaho without creating a hazard to other aircraft or people on the 

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

demonstrated by: (i) the safe operational history and current use of the DJI Phantom II UAS in 

the NAS; (ii) the characteristics of the DJI Phantom II UAS; (iii) the limited area of REC’s 

intended operation; (iv) the Safety Management System REC has developed for DJI Phantom II 

UAS operations and maintenance; (v) the appropriate airman certificate; (vi) the specific 

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

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

 The NAS Pursuant To Advisory Circular 91-57, June 9, 1981. 
19

The DJI Phantom II UAS is currently operating safely in the NAS pursuant to Advisory 

Circular 91-57, Model Aircraft Operating Standards. The DJI Phantom II UAS has been 

operated worldwide since 2006. 

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

Characteristics. 

The DJI Phantom II UAS does not create a hazard to users of the NAS or the public, or 

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

capability. The specifications of the DJI Phantom II UAS are as follows: 

Unmanned Aircraft 

System 

The DJI Phantom II is an Unmanned Aircraft System that is 

comprised of an unmanned quad-rotor aircraft and a transportable 

ground station. 

Unmanned Aircraft 

Dimensions 

Diagonal Length: 

13.7 inches (350mm) 

Engine 

(Propulsive Unit) 

Engine (Propulsive Unit) 

(4) Multistar P/N : 2212 (Electric) FAA 

Engine Type Cert: None 

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

battery powered, brushless electric motors 

Motor, Controller Sub-Assembly: 

Manufacturer: DJI Innovations 

Model: Naza-M 

Type: Motor Controller 

3.15W (0.25A@12.6V) Maximum 

27 grams Wt. 

Motor, Battery: 

Manufacturer: DJI Innovations 

Type: 3S Lithium Polymer 

5200 milliamp hour 

11.1V (nominal) 
20

Fuel 

Not Applicable. 

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

 Polymer rechargeable battery, DJI, Inc. P/N 733496- 

 5200mAh-11.1V. 

Engine (Propulsive Unit) 

Limits 

Maximum Power Output: 130 Watts 

Maximum RPM: 920Kv (rpm/v) 

Propeller and 

Propeller Limits 

(4) DJI Innovations 

FAA Propeller Type Certificate: None 

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

Propeller Sub-Assembly: 

Manufacturer: DJI Innovations 

Model: 9450 10x4.5mm 

Diameter (Nominal): 10 in. 

Battery Command & 

Control 

DJI Innovations battery powers the motor, and internal battery 

powers the command and control ground station (remote). 

Airspeed Limits 

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

Vno (Maximum Structural Cruising Speed) Not Applicable 

Va (Maneuvering Speed) Not Applicable 

Landing Speed: Not Applicable 

Mean Aerodynamic 

Chord (MAC) Not Applicable 

Leveling Means Not Applicable. 

Maximum Weights 

Ramp 4.4 lbs (2000 grams) 

Takeoff 4.4 lbs (2000 grams) 

Landing 4.4 lbs (2000 grams) 

Empty Weight 

2.2 lbs. (1000 grams) 

 NOTE: Empty Weight Includes weight of battery and 

 Excludes payload modules. 

Frequencies 

902-928 MHz (ISM Band) 

2.4 GHz (ISM Band) 

 NOTE: FCC license is not required to utilize the above 

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

If 

 video is utilized, 
21

Computer Software Ground Station software, iOS 

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

operator. 

Number of Seats (0) Not Applicable. 

Fuel Capacity Not Applicable. 

Oil Capacity Not Applicable 

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

Control Surface 

Movements Not Applicable 

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

Ambient Outside Air 

Temperature (OAT) 

Maximum OAT: 122° F (50° C) 

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

Wind Limitation Not Applicable 

Maintenance 

This DJI Phantom II UAS must be maintained in accordance with 

the DJI Phantom II Maintenance Operation Manual, or later FAA 

accepted revision. 

iii. Flight Operations Pursuant To The Exemption Sought Would 

Be Limited To Areas Over The State Of Idaho That Is Not In 

The Proximity Of Airports Or Over Populated Areas. 

REC proposes to only conduct drought monitoring via aerial videography flight 

operations along with image processes over areas of the State of Idaho that are not near 

populated areas, airports, helipads, or state roads. Specifically, REC’s proposed area of flight 

operations over the State of Idaho includes areas that are: 

1. Not within five (5) miles of any airport or helipad, without the consent of the 
22

affected ATC facility. Continuous two-way radio communication will be established and 

maintained at all times during flights in this area; 

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

and 

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

platform is capable of hovering, slewing laterally, and ascending/descending over 

a point, we are considering the DJI Phantom II UAS a “helicopter” for the purposes of 

91.119(d). Furthermore, all flight operations will be conducted in accordance with 14 C.F.R. § 

91.119. Minimum safe altitudes: General. 

In summary, REC seeks to operate its DJI Phantom II UAS over areas of Idaho, while 

maintaining safe distances from any populated areas, airports, helipads, and roadways. 

iv. Operation Of The DJI Phantom II UAS Will Be Conducted 

Pursuant To A Safety Management System. 

A Safety Management System (“SMS”) will control REC’s operation of the DJI Phantom 

II UAS and will significantly contribute to maintaining the level of safety contemplated by the 

airworthiness certificate requirements from which REC now seeks relief. 

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general), each 

person performing maintenance, alteration, or preventive maintenance on the DJI Phantom II 

UAS, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed 

in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness 

prepared by its manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. Each person shall use the tools, equipment, and test apparatus necessary to 

assure completion of the work in accordance with accepted industry practices. 

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

Of Sight Of An Appropriate Airman Certificated Pilot in Command With A Safety 

Observer. 
23

REC will only utilize Private Pilots with a valid First or Second Class Airman Medical 

certificate to act as pilot in command of the DJI Phantom II UAS. Additionally, all pilots will be 

assisted by a safety observer. The pilot in command and safety observer must meet the 

requirements as set forth by the SMS/Standard Operating Procedures (See Exhibit C) adopted by 

REC for flight operations of the DJI Phantom II UAS. A copy of the Standard Operating 

Procedures, which is proprietary information, is attached hereto as Exhibit C revised after 

Hershey Volunteer Fire Company. 

vi. Flights Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, REC proposes to commercially operate the DJI Phantom 

II UAS without satisfying the restricted category airworthiness certification process specified in 

14 C.F.R. § 21.185, or otherwise having a certificate of airworthiness issued by the FAA, as 

contemplated by 14 C.F.R. Part 21. REC proposes to operate the DJI Phantom II UAS, for the 

special purpose of conducting drought monitoring via aerial videography and image processes 

over the State of Idaho, pursuant to the following specific operating limitations: 

1. Flight operations are permitted only over the State of Idaho. 

2. The DJI Phantom II UAS will be operated at or below 400 ft. above ground level 

(AGL), except as necessary to comply with the requirements of 14 C.F.R. § 91.119. 

3. The DJI Phantom II UAS shall be operated within one mile, and within line of sight, 

of the pilot in command and safety observer. 

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

(VFR) in visual meteorological conditions (VMC). The DJI Phantom II UAS shall 

be operated only during daylight hours (i.e. between the end of morning civil twilight 

and the beginning of evening civil twilight, as published in the American Air 
24

Almanac, converted to local time). The duration of each flight shall not exceed 25 

minutes or upon reaching 25% battery power, whichever is less. 

5. The DJI Phantom II UAS shall operate from on-site takeoff/landing locations directly 

next to the pilot in command and co-located safety observer. If the operation is from a 

watercraft, the pilot in command and safety observer shall remain co-located on the 

same watercraft. 

6. Operations shall be conducted by certificated airmen who have completed training, 

checking, currency, and recency of experience requirements as approved by the FAA 

Administrator. 

7. Operation of the DJI Phantom II UAS with any inoperative instruments or equipment 

shall be prohibited. 

8. The DJI Phantom II UAS shall be maintained in accordance with the Manufacturer’s 

Maintenance Manual. 

9. The DJI Phantom II UAS shall be operated pursuant to 14 C.F.R. Part 91, operating 

requirements. 

10. For the proposed flight operation, only one DJI Phantom II UAS shall be airborne at 

any given time. 

11. Prior to flight operations, REC shall coordinate and establish two way 

communications with an Air Traffic Control facility nearby, if any. 

12. For any flight operations over U.S. Government or state managed lands, REC shall 

coordinate with the appropriate authority and ensure that the property owners have at 

least twelve (12) hours of advance notice prior to the proposed flight operations. 

Coordination shall include anticipated periods of operation, purpose of the flights, 

and contact information for the operator should questions or issues arise. 
25

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 

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

conditions for the intended operation of the DJI Phantom II UAS, which contain such safety 

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

established by Section 21.185, and which will permit safe operation of the DJI Phantom II UAS 

for the special purpose of conducting drought monitoring via aerial videography and image 

processes over the State of Idaho. 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 aircraft systems in the NAS. 

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

21.16, for operation of the DJI Phantom II UAS, since the airworthiness regulations of 14 

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

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

following (See 14 C.F.R. § 21.16 for details): 

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. 

 

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

special conditions for REC’s intended operation of the DJI Phantom II UAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety equivalent to 
26

that established by Section 21.185, and which will permit safe operation of the DJI Phantom II 

UAS for the special purpose of conducting drought monitoring via aerial videography and image 

processes over the State of Idaho. 

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

Which REC Seeks Exemption: 

Ryu Engineering and Company, PLLC. seeks exemption from the requirements of 14 

C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185. 

A Brief Description Of The Nature Of The Exemption REC Seeks: 

This exemption will permit Ryu Engineering and Company (REC), PLLC. to operate an 

Unmanned Aircraft System over certain rural areas of the State of Idaho, while keeping 

the documents required by the regulations at the ground control station and immediately 

accessible to the pilot in command. Furthermore, the exemption will relieve REC, 

PLLC. from the airworthiness certificate standards and the requirement to have a 

certificate of airworthiness for its Unmanned Aircraft System. This exemption will also 

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

displayed on the fuselage of the unmanned aircraft. 

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

Request. 

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

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in 

the NAS. As such, REC’s request for exemption may be granted pursuant to the authority of 

Section 333 and 14 C.F.R. Part 11, as set forth above. 

Sec. 333 sets forth the requirements for considering whether a UAS will create a hazard to 

users of the NAS or the public or pose a threat to national security; and further, provides the authority 

for such UAS to operate without airworthiness certification. Section 333 states the following: 

(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. 
27

(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. 

As discussed in detail above, the DJI Phantom II UAS has in the past, and will continue in 

the future, to operate safely in the NAS without creating a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security. 
28

CONCLUSION 

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

333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the 

DJI Phantom II UAS commercially, without an airworthiness certificate, for the special purpose 

of conducting drought monitoring via aerial videography and image processes over areas in the 

State of Idaho. 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 REC to safely, efficiently, and economically 

operate the DJI Phantom II UAS commercially within the NAS. 
29

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

Modernization and Reform Act of 2012, Section 333, REC respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 

91.9(b), 91.203(a), 91.203(b), 45.23(b), as well as the restricted category airworthiness 

certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a 

certificate of airworthiness issued for the DJI Phantom II UAS, as contemplated by 14 C.F.R. 

Part 21. 

Dated: 

June 1, 2015 

Respectfully submitted, 

Ryu Engineering and Company, PLLC. 

/s/ Jae H. Ryu 

________________________________ 

Jae H. Ryu 

UAS Project Manager 

POBOX 170842 

Boise, Idaho 83716 

Tel: (208) 724-0531 

Fax: (208) 473-5120 

Petitioner 

cc: Rob Pappas (FAA), Dan Ngo (FAA)