Petition for Exemption/Rulemaking

Ikust LLC, Yoshino Sugita

I. The specific section or sections of 14 CFR from which you seek an exemption

This request adds the Petition for Exemption (FAA-2015-0353) submitted on Feb. 10, 

2015 by Yoshino Sugita, Ikust LLC. 

A application of 91.119 (d) (1) of Title 14, Code of Federal Regulations to PHANTOM 2 

Vision+ quad-copter unmanned aircraft system (UAS)

An exemption of of 91.119 (b) (c) of Title 14, Code of Federal Regulations to 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS)

II. The extent of relief you seek, and the reason you seek the relief

The proposed exemption is to operate the PHANTOM 2 Vision+ quad-copter unmanned 

aircraft system (UAS) to conduct aerial videography and cinematography including real 

estate listing picture and videos under 91.119 (d) (1). Request below is added to FAA2015-0353 due to the FAA new proposal, DOT and FAA Propose New Rules for Small 

Unmanned Aircraft Systems, published on the FAA website on February 15, 2015.

Realtors have always looked for new tools to advertise properties. Online listings have 

included photo galleries, then satellite images and Google Street View. Many Realtors 

believe that drone photography is the logical next step. The drone will help not only 

Realtors also to home buyers to make a right decision for their future homes.

FAR 91.119 discusses about minimum safe altitude. A application of 91.119 (d) (1) of 

Title 14, Code of Federal Regulations to PHANTOM 2 Vision+ quad-copter unmanned 

aircraft system (UAS) is requested here.

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA. 
PHANTOM 2 Vision+ is quad-copter unmanned aircraft system (UAS). It takes off and 

lands vertically, hovers, and flies forward, backward, and laterally. According to DIJ, the 

hover accuracy of the PHANTOM 2 Vision+ is 0.8meter (2.6 feet) vertically and 2.5 

meters (8.2 feet) horizontally. Therefore, 91.119 (d)(1) is applicable for PHANTOM 2 

Vision+ , and it can maintain less than the minimums prescribed in paragraph (b) or (c) of 

FAR 91.119.

PHANTOM 2 Vision+ (DJI user’s manual, 2015)

DIJ developed the safety systems that allow PHANTOM 2 Vision+ to fly safely. First, 

DIJ developed a flight limitation system to prohibit the UAV to fly into airport. For detail, 

please see the attached pdf file. 

No Fly Zone defined (DIJ, 2015)

Another safety system is the altitude and distance limits. By creating a small boundary on 

a property, PHANTOM 2 Vision+ remains in the pre-programmed zone and fly safely in 

the zone. It automatically a descent vertically when a GPS signal is lost. In addition, DIJ 

states that the PHANTOM 2 Vision+ can come back to home with one click command

(“go home” function).

III. The reasons why granting your request would be in the public interest; that is, how it would 

benefit the public as a whole; 
Exemption Case #11138 is approved because FAA found that public benefit from the 

UAV technology to conduct aerial videography and cinematography including real estate 

listing picture and videos. In Exemption Case #11138, the FAA notes that avoidance of 

areas which are depicted in “yellow” on VFR charts is a practicable step in assuring that 

operations are not conducted over congested or densely populated areas. However, the 

use of UAV for the real estate listing picture and videos is unique because it only flies 

very limited space within the property boundary with a home owner’s consent. The UAV 

remains on the property boundary, instead of crossing and flying over people and other 

buildings. As long as the UAV stays close to the house that is photographed, it is safely 

operated by a PIC. 

Proposed UAV operation area in property boundary 

IV. 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 you seek the exemption

Exemption Case #11138 is already approved by FAA on January 5, 2015. All conditions 

and limitations (item #1-29 and 31-33) listed in the Regulatory Docket No. FAA-2014-

0481 will be followed. 

V. A summary we can publish in the Federal Register, stating: 

The proposed exemption follows Case #11138 is approved on January 5, 2015. The 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) is used to conduct 

aerial videography. Using Case #11138 as a base, an application of 91.119 (b) (1) of Title 

14, Code of Federal Regulations to PHANTOM 2 Vision+ quad-copter unmanned 

aircraft system (UAS) is requested.

VI. A brief description of the nature of the exemption you seek
There are two requests in addition to the Petition for Exemption submitted on Feb. 10, 

2015 (FAA-2015-0353). 

(1) A application of 91.119 (d) (1) of Title 14, Code of Federal Regulations to 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS)

(2) An exemption of of 91.119 (b) (c) of Title 14, Code of Federal Regulations to 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS)

Yoshino Sugita is CFI, CFII and MEI. She is also a member of Houston Association of 

REALTORS®. She meets all PIC requirements mentioned in item #16 of the conditions 

and limitations in the Regulatory Docket No. FAA-2014-0481.

Item #16 of the conditions and limitations

Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 

hours as UAS pilot operating the make and model of the UAS to be used in operations 

under the exemption; 5 hours make and model time may be included in the 10 hours of 

multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and landings in 

the preceding 90 days (for currency purposes). Training, proficiency, experience-building, 

and take-off and landing currency flights can be conducted under this grant of exemption 

to accomplish the required flight time and 90 day currency. However, said training

operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with 

appropriate distances in accordance with 14 CFR 91.119. 

It will not be used outside of USA at this time.

Yoshino Sugita

Ysugita.aerospace@gmail.com

832-691-1796