U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

BASIS FOR PETITION 

Petitioner, Kenneth Patrick Brady, 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: 

Kenneth P. Brady 

282 North Rock Island Drive 

Eatonton, GA 31024

CELL: (678) 650-7668 

Email: Kenneth@CCOLab.org

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. 

Page 1 of 17

Kenneth Patrick Brady 

282 North Rock Island Drive 

Eatonton, GA 31024
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). Kenneth Patrick Brady proposes to use one UAS; 1) DJI 

PHANTOM 2 Vision +, for commercial photography, videography, inspections or surveying. 

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

capable of vertical take off and landing. 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 an 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 a sterile closed-set area of a residential or 

commercial listing, open desolate areas near rural farms or a closed-set special event. Such 

operations will 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 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). 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 

Page 2 of 17
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 UAS’ to commence immediately. Also due to the size of the UAS 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 aerial 

inspections, surveying and 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 without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Kenneth Patrick Brady 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 Kenneth Patrick Brady 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 and/or observer. 

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 200 feet AGL.

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

Camera Operator. 

6. Additional camera will be filming UAS in flight at applicable times 

7. The UAS will only operate within a confined sterile closed-set area with a set safety perimeter, 

the boundaries of which will be determined by the UAS PIC based on the site-specific activities 

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and speed of the UAS required for the operation, and coordinated with the jurisdictional FAA 

FSDO and local government officials as applicable. 

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

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting 

personnel will be allowed within 100 feet of the UAS operation by not permitting anyone who 

had not been briefed or whom is not involved in production to be in the closed-set area, and 500 

ft away from people not directly involved in operations. 

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio 

communication system. 11. Written and/or oral permission from the relevant property holders 

will be obtained. 

12. If applicable, all required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcements, fire, or other appropriate 

governmental agencies. 

13. 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 Security Perimeter and land safely. 

14. 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 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, Kenneth Patrick Brady’s operation of DJI Phantom 2 Vision

Page 4 of 17
+, 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, Kenneth Patrick Brady 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. submits that the 

requested relief is proper since an equivalent level of safety will be ensured. Kenneth Patrick 

Brady 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, Kenneth Patrick Brady 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 Kenneth Patrick Brady 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. 

Kenneth Patrick Brady 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, Kenneth Patrick Brady 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. 

Kenneth Patrick Brady 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 UAS to the GCS for active monitoring of the flight path. 

This altitude information, combined with Kenneth Patrick Brady’S operation of the DJI Phantom 

2 Vision+ UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, Kenneth Patrick Brady seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Kenneth Patrick Brady 

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. 

Page 5 of 17
EXTENT AND REASONING WHY KENNETH PATRICK BRADY 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 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, Kenneth Patrick Brady 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, Kenneth Patrick Brady 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 Kenneth 

Patrick Brady’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 Kenneth Patrick Brady to determine that the DJI Phantom 2 Vision+ UAS are 

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

operating documents (i.e., the Kenneth Patrick Brady Operations Manual, Monthly Maintenance 

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

Kenneth Patrick Brady 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, Kenneth Patrick Brady 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. 

Page 6 of 17
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 UAS to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), Kenneth Patrick Brady seeks the requested relief because the DJI 

Phantom 2 Vision+ UAS 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+ UAS are equipped with a barometric pressure sensor and GPS equipment, 

which automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UAS on the heads-up display of the 

GCS. 

4. 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+ 

UAS 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. Kenneth Patrick Brady 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+ UAS will severely constrain the practicality of 

any aerial video or still photo flight operations that Kenneth Patrick Brady proposes to conduct 

pursuant to this Petition. 

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

the DJI Phantom 2 Vision+ operating documents, and Kenneth Patrick Brady’S proposed 

operating limitations, ensure that Kenneth Patrick Brady will safely operate the battery powered 

DJI Phantom 2 Vision+ UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), with enough battery power to fly for a total duration of 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 

Page 7 of 17
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, Kenneth Patrick Brady 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 Kenneth Patrick 

Brady 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 Kenneth Patrick Brady Aerial Operations Manual, Monthly 

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

Patrick Brady will document and maintain all maintenance records for the DJI Phantom 2 Vision

+ UAS. 

The Reasons for granting my request are entirely beneficial to the public and community as 

a whole. 

Granting the present Petition will further the public interest by allowing Kenneth Patrick Brady 

to safely, efficiently, and economically perform aerial video and photography of construction 

sites, real estate, survey and inspect over certain areas of the United States. To assist other 

businesses in helping them grow from my services or rather, to fulfill their needs, whatever it 

may be. 

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). 

Page 8 of 17
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+ UAS are battery powered and serve as a safe, efficient, and 

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

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

allowing the use of a DJI Phantom 2 Vision+ 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+ UAS do not require an airport to takeoff or land. Likewise, a reduction of manned 

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

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

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

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

+ UAS, 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. 

Page 9 of 17
By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisitions, 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+ 

UAS (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. 

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

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

the DJI Phantom 2 Vision+ UAS will allow United States based companies, like Kenneth Patrick 

Brady, to remain competitive and contribute to growth of the U.S. economy. Specifically, with 

the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory 

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new 

and alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 2 Vision+ 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 2 Vision+ UAS, companies such as Kenneth Patrick Brady, can 

remain competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ UAS, 

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

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

competitive both in the United States and abroad. 

4. There Are No Privacy Issues.

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

Kenneth Patrick Brady’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 Kenneth Patrick Brady 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 minimum altitude requirements 

of 14 C.F.R. § 91.119. 

Page 10 of 17
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 Kenneth Patrick Brady Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision+ UAS Meets 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, Kenneth Patrick Brady’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, Kenneth Patrick Brady 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.

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

 Enable The UAS To Remain Within A Defined Operational Area.

 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 User Manuals.

 iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 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+ 

 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, 

 the DJI Phantom 2 Vision+ UAS 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 

Page 11 of 17
 DJI Phantom 2 Vision+ UAS 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. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The Line Of Sight 

Of A Certificated Pilot in Command With A Safety Observer. 

 Kenneth Patrick Brady will only utilize certificated pilots who possess a current 

 and valid airman medical certificate to act as a pilot in command (PIC) of the DJI 

 Phantom 2 Vision+ UAS. Additionally, a safety observer will assist all pilots 

 during flight time. 

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific 

Operating Limitations. In seeking this exemption, Kenneth Patrick Brady 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 UAS may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UAS must be operated at an altitude of no more than 200 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 (FPV) by the PIC or safety observer (SO) is not 

permitted. 

Page 12 of 17
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. 

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. 

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

overhaul, replacement, inspection, and life limit requirements. 

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

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

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

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

the signature of the authorized person returning the UAS to service. 

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

Bulletins. 

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

action taken against discrepancies discovered between inspections. 

17. The 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 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 UAS 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. 

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

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

22. If the UAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UAS with 25% battery power remaining. 

25. 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 (NNumber) 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 UAS must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

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

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

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

upon request. 

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

operations and activities at all times. 

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

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

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

vehicles, and structures unless: 

 a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UAS, flight operations must cease immediately and/or; 

 b. The aircraft is operated near vessels, vehicles or structures where the owner/ 

controller of such vessels, vehicles or structures has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard, and; 

 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

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

permission from the land owner/controller or authorized representative. Permission from

land owner controller or authorized representative will be obtained for each flight to be

conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS- 80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov 

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KENNETH PATRICK BRADY AFFIRMS ALL INFORMATION LISTED ABOVE TO BE 

TRUE AND BINDING UPON FAA’S FINDINGS OF EXEMPTION REGARDING 

COMMERCIAL OPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS OR 

REGULATIONS DECIDED BY THE GOVERNMENT/FAA. THANK YOU FOR YOUR 

CONSIDERATION. 

KENNETH P. BRADY

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