July 15 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: Emilio Cruz/ ECS Media Group

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Emilio Cruz

President

ECS Media Group

Urb. Estancias de La Ceiba

Calle Flamboyán 17

Hatillo, PR 00659

787 -505-1466

emiliowapatv@gmail.com
2

 TABLE OF CONTENTS

 page 

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

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

INTRODUCTION AND INTERESTS OF PETITIONER...............................................................4 

BACKGROUND.....................................................................................................................4

BASIS FOR PETITION............................................................................................................5

NAME AND ADDRESS OF PETITIONER.................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE ECS MEDIA GROUP SEEKS 

EXEMPTION.........................................................................................................................7

THE EXTENT OF RELIEF THE ECS MEDIA GROUP SEEKS AND THE REASON THE ECS

SEEKS THE RELIEF..............................................................................................................10

THE REASONS WHY GRANTING THE ECS GROUP’S REQUEST WOULD BE IN THE PUBLIC INTEREST 

..........................................................................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO THE ECS GROUP WOULD NOT

ADVERSELY AFFECT SASETY.............................................................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................................25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT

THE ECS MEDIA GROUP’SEQUEST....................................................................................25 

CONCLUSION....................................................................................................................25 

APPENDICES............................................................................................................................... 26
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control 

ATO Air Traffic Organization

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 
4

SUMMARY

ECS MEDIA GRIOUP hereafter referred to as ECS MEDIA GROUP seeks exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 

2( Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit The ECS MEDIA GROUP to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial video and photography of construction sites, 

residential and commercial real estate, civil landscapes and events over certain areas of the 

United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER The ECD MEDIA GROUP has for over five 

years provided their clients (which include private sector businesses and non-profits, along with 

local state and federal agencies) with expertise and knowledge in video and multimedia 

marketing, advertising, public relations and training using advanced technologies and solutions. 

The ECS GROUP has worked on thousands of productions over the past 3 years in all types of 

locations with a perfect client and employee safety record. In the past we have supplied our 

client’s aerial video and photography using commercial aircraft. The objective of The ECS MEDIA 

GROUP and our Unmanned Aircraft System (DJI Phantom 2) aerial operations is to provide a more 

affordable, high-quality production system for a variety of governmental, commercial, public, and 

residential uses, specifically targeting 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years 

without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, UAS The ECS MEDIA GROUP seeks an exemption to 

operate DJI Phantom 2 system for compensation or hire within the NAS. The DJI Phantom 2 is 

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight 

of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of 

approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 2 is equipped with 

four main rotors; driven by Lithium Polymer battery powered electric motors.
5

The DJI Phantom 2 that will be operated by The ECS MEDIA GROUP will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. BASIS FOR PETITION Petitioner, THE ECS MEDIA GROUP, 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, UAS in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

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

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

unmanned aircraft and its operation, The ECS MEDIA GROUP operation of DJI Phantom 2 UAS 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, The ECS MEDIA GROUP 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.

The ECS MEDIA GROUP submits that the requested relief is proper since an equivalent level of 

safety will be ensured. The ECS MEDIA GROUP will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 2Instruction Manual). Furthermore, The ECS MEDIA GROUP will document and 

maintain all maintenance records for the DJI Phantom 2 UAS.

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

limitations: Pilot in command, is requested by The ECS MEDIA GROUP to the extent necessary to 

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

airman medical certificate, and who has demonstrated, by meeting minimum flight hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

The ECS MEDIA GROUP seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, The ECS MEDIA GROUP submits that they will ensure that the 

DJI Phantom 2UAS is in an airworthy condition, prior to every flight, by determining that the UAS 

are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 

2Instruction Manual), and that the aircraft are in a condition for safe flight.
6

The ECS MEDIA GROUP also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2UAS will not have a typical barometric altimeter onboard. 

However, altitude information of the DJI Phantom 2UAS will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with The ECS MEDIA GROUP’s operation of the DJI Phantom 2UAS within 

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

91.121.

Additionally, The ECS MEDIA GROUP seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. The ECS MEDIA GROUP submits 

that safety will not be affected by operation of the DJI Phantom 2UAS 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 23 minutes. Battery power indicators are also able to 

show exactly how much battery power is left, as well as how much time is needed to return safely 

back to point of take off.

In accordance with 14 C.F.R. § 11.81, The ECS MEDIA GROUP provides the following information in 

support of its petition for exemption: 

A. Name And Address Of The Petitioner. 

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

Emilio Cruz

President ECS Media Group 

Urb. Estancias de la Ceiba

Calle Flamboyan 17

Hatillo, PR 00659

787-505-1466

emiliowapatv@gmail.com
7

B. The Specific Sections Of 14 C.F.R. From Which The ECS MEDIA GROUP Seeks Exemption. 

1. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Section 61.113(a) And 

(b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

Subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) 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. 

 2. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Section 91.7(a).

 Section 91.7, entitled civil aircraft airworthiness, subsection (a), states the following: 

 (a) No person may operate a civil aircraft unless it is in an airworthy condition.

 3. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Section 91.121.

 Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating—

(1) Below 18,000 feet MSL, to—

 (i) The current reported altimeter setting of a station along the route and within 100 

Nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a) (1) (i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure.
8

4. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Section 

91.151(b). 

 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection 

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. 

5. The ECS MEDIA GROUP Seeks Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections, except as provided in paragraph 

(c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter[.] 

6. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Section 

91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized 

under § 43.7 of this chapter [.] 

7. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has had –
(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7 of this 

chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

 9

 8. The ECS MEDIA GROUP Seeks Exemption From The Requirements Of Sections 

91.417(a) 

 And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), 

state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and 

alteration and records of the 100-hour, annual, progressive, and other 

required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance 

of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and (iii) 

The signature, and certificate number of the person 

approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, 

each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified 

time basis. 

(iv) The current inspection status of the aircraft, including 

the time since the last inspection required by the inspection 

program under which the aircraft and its appliances are 

maintained. 

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method 

of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring 

action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this 

chapter for each major alteration to the airframe and 
currently installed engines, rotors, propellers, and 

appliances. 10 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

10

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or 

for 1 year after the work is performed.

(2) The records specified in paragraph (a) (2) of this section shall 

be retained and transferred with the aircraft at the time the 

aircraft is sold.

(3) A list of defects furnished to a registered owner or operator 

under § 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service.

C. The Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP 

Seeks The Relief.

1. Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP Seeks 

Relief From Section 61.113(a) And (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 holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, 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, The ECS MEDIA GROUP submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2UAS 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate either the DJI Phantom 2 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, The ECS MEDIA GROUP submits that all flights of the DJI Phantom 2 UAS, conducted 

by the PIC pursuant to the grant of this Petition: (1) will be incidental to The ECS MEDIA 

GROUP’s business; and (2) will not carry passengers or property for compensation or hire. 

11

2. Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP Seeks 

Relief From Section 91.7(a).

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

required to allow The ECS MEDIA GROUP to determine that the DJI Phantom 2UAS are in 

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

operating documents (i.e., the ECS MEDIA GROUP Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2Instruction Manual). 

The ECS MEDIA GROUP seeks the requested relief because the DJI Phantom 2UAS do not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

The ECS MEDIA GROUP will ensure that the DJI Phantom 2UAS are in airworthy condition 

based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 2) 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. Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP Seeks 

Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 2UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

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

above ground level (AGL), The ECS MEDIA GROUP seeks the requested relief because the DJI 

Phantom 2UA’s 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 2UAS are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 
flight, and provides the PIC with altitude information of the UA on the heads-up display of the

GCS.

4. Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP Seeks 

Relief From Section 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 2UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

12

for a total duration of 23 minutes. The ECS MEDIA GROUP seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the 12 battery 

powered DJI Phantom 2UAS will severely constrain the practicality of any aerial video or still 

photo flight operations that The ECS MEDIA GROUP proposes to conduct pursuant to this 

Petition. 

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

Phantom 2 operating documents, and The ECS MEDIA GROUP’s proposed operating 

limitations, ensure that The ECS MEDIA GROUP will safely operate the battery powered DJI 

Phantom 2UAS during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes. 

5. Extent Of Relief The ECS MEDIA GROUP Seeks And The Reason The ECS MEDIA GROUP Seeks 

Relief From Sections 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, The ECS MEDIA GROUP requests relief from these 

Sections because the DJI Phantom 2UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI Phantom 2UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, The ECS MEDIA GROUP will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed in the UAS operating documents 

(i.e., the The ECS MEDIA GROUP Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2Instruction Manual). Furthermore, The ECS MEDIA GROUP will document and 

maintain all maintenance records for the DJI Phantom 2UAS.

D. The Reasons Why Granting The ECS MEDIA GROUP 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 The ECS MEDIA 

GROUP to safely, efficiently, and economically perform aerial video and photography of 
construction sites, real estate, events and civic landscape over certain areas of the United 

States.

Additionally, use of the DJI Phantom 2UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of The ECS

MEDIA GROUP’s proposed operation of the DJI Phantom 2UAS will be realized without 

implicating any privacy issues.

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

The DJI Phantom 2UAS are battery powered and serve as a safe, efficient, and economical 

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

reducing 

13

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

allowing the use of a DJI Phantom 2UAS 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 

2UAS 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 2UAS. 

Conducting aerial acquisitions with the DJI Phantom 2UAS, 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 2UAS 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 2UAS, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAS are propelled by battery powered electric motors, 

rather than an internal combustion engine.

By using the DJI Phantom 2UAS 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 

2UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal 
dimension of 23.2 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 Operations With The DJI Phantom 2UAS Will 

Benefit The Economy.

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

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

operation 

of the DJI Phantom 2UAS will allow United States based companies, like The ECS MEDIA 

14

GROUP, 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 2UAS is one such technology that not only allows companies 

greater operational 14 flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2UAS, companies such as The ECS MEDIA GROUP, 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 2UAS, 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, The ECS MEDIA GROUP’s proposed operation of the DJI Phantom 2UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 2UAS will be operated only in 

compliance with operating documents (i.e., the ECS MEDIA GROUP Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2Instruction 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. 
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 The ECS MEDIA GROUP Seeks Exemption. 

1. Reasons Why The DJI Phantom 2UAS Meet The Conditions Of The FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333.

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

the unmanned aircraft and its operation, The ECS MEDIA GROUP’s operation of the DJI 

Phantom 2UAS 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.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth 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. Specifically, FMRA Section 333 states the following, in part: 

15

(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.

(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. 
In seeking this exemption, The ECS MEDIA GROUP submits that the DJI Phantom 2UAS 

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 2UAS; (b) the pilot certification requirement; and (c) 

the specific operating limitations.

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

The DJI Phantom 2UAS 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, 

and operational capability. 

16

i. Technical Specifications Of The DJI Phantom 2UAS. The technical specifications of 

the DJI Phantom 2UAS are set forth by the DJI Phantom 2User Manual, attached 

hereto as Appendix A.

ii. ii. The DJI Phantom 2UAS Global Positioning Modes Enable The UAS To Remain 

Within A Defined Operational Area.

 The DJI Phantom 2UAS may be operated in both manual and global positioning 

flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 2UAS is provided at pages 11 of the DJI Phantom 2User Manual attached 

hereto as Appendix A.

iii. The DJI Phantom 2UAS 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 2UAS will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2UAS does not 

reacquire control link data from the GCS, the UAS will assume that the Control 

Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, 

and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2UAS are set 

forth at pages 12 through 14 of the DJI Phantom 2User Manual, attached hereto 

as Appendix A.

iv. The DJI Phantom 2GCS And Its Operation.
A complete description of the operation and specifications of the DJI Phantom 

2GCS and flight control software is provided at pages 23 through 29 of the DJI 

Phantom 2User Manual. DJI Phantom 2User Manual is attached hereto as 

Appendix A. 

b. Flight Operations Of DJI Phantom 2UAS Is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer.

The ECS MEDIA GROUP video production staff will be the only persons to act as a 

pilot in command (PIC) of the DJI Phantom 2UAS. Additionally, a safety observer will 

assist him at all times during flight time. 

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

Limitations.

In seeking this exemption, The ECS MEDIA GROUP proposes to commercially 

operate DJI Phantom 2UAS for the special purpose of conducting aerial video and 

photography 

17

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 UAS weighing 

less than 55 pounds maximum gross weight: DJI Phantom 2Unmanned 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 UA must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. 

The SO and PIC must be able to communicate verbally at all times. Electronic 

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

designated before the flight and cannot transfer his or her designation for the 
duration of the flight. The PIC must ensure that the SO can perform the functions 

prescribed in the operating documents. 

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 

18

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

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

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

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

operation or flight characteristics, e.g. replacement of a flight critical component, 

must undergo a functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

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

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

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

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service. 

15. Each 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 possess at least a private pilot certificate and at least a current 

thirdclass medical certificate. 

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 UA with appropriate 

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

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

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office 

19

closest to proposed area of operations. Flights under special visual flight rules 

(SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

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

letter of agreement with the airport management must be made available to the 

Administrator upon request.

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

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

PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a 

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 UA with 25% battery power 

remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any operations 

under the grant of exemption. This COA will also require the operator to request 

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

than 48 hours prior to the operation. All operations shall be conducted in 
accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (Number) markings in accordance with 14 C.F.R. part 45, Subpart C. 

Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

28. The 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 UA 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:

20

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 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; 

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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

The ECS MEDIA GROUP submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate 

the DJI Phantom 2UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

2UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Considering The ECS MEDIA GROUP’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); 

and the airmanship skills necessary to safely operate the DJI Phantom 2UAS, The ECS

MEDIA GROUP submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary 

for The ECS MEDIA GROUP’s specific proposed flight operations. 

21

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

The ECS MEDIA GROUP will not allow any PIC to operate the DJI Phantom 2UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 2UAS training and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum 

of 5 hours of those 21 hours as a UAS pilot operating the same make and model of UAS 

to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience 

that was obtained in compliance with applicable regulations will ensure an equivalent 

level of safety during The ECS MEDIA GROUP’s proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as 

follows:
In Exemption No. 11062, the FAA required that prior to conducting operations 

for the purpose of motion picture filming (or similar operations), the PIC must 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, 

the PIC must also have accumulated and logged a minimum of 5 hours as a UAS 

pilot operating the same make and model of UAS to be used for operations under 

the exemption. For clarification, the FAA considers these minimum hour 

requirements to be inclusive rather than additive; i.e. 5 hours make and model 

time may be included in the 10 hours of multi-rotor time and the 10 hours may be 

included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. 

During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119

22

Exemption No. 11138 at page 15. 

Accordingly, The ECS MEDIA GROUP will ensure safe operations by not allowing 

any PIC to operate the DJI Phantom 2UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 2UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, The ECS MEDIA GROUP will ensure that the DJI Phantom 

2UAS is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom 2UAS will be provided to the PIC 

via GPS equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path and altitude. This 

altitude information, combined with The ECS MEDIA GROUP’s operation of the DJI 

Phantom 2UAS within visual line of sight, at or below 500 feet AGL, will ensure a level 

of safety equivalent to Section 91.121. The altitude information will be generated by 

GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude 

initiation point is automatically established by the UAS at ground level. The FAA has 

previously granted relief from Section 91.121 specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 

23

2UAS; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, The ECS MEDIA GROUP will ensure that it will 

safely operate the battery powered DJI Phantom 2UAS during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

2UAS; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2UAS 

provide audible and visual warnings to the PIC at the GCS when the UAS experiences 

low battery voltage, the first warning occurring at approximately 33% remaining 

battery power, and again at approximately 10% remaining battery 23 power. At the 

critically low battery level, the DJI Phantom 2UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 
11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety. 

In seeking this exemption, The ECS MEDIA GROUP submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b) will be met because The ECS MEDIA GROUP will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., the ECS MEDIA 

GROUP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2Instruction Manual). Furthermore, The ECS MEDIA GROUP will document and 

maintain all maintenance records for the DJI Phantom 2UAS.

Since the DJI Phantom 2UAS will be inspected as prescribed by the operating 

documents, The ECS MEDIA GROUP will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI 

Phantom 2User Manuals are attached hereto as Appendix A and B; a copy of the DJI 

Phantom 2UAS Maintenance LOG is attached hereto as Appendix C.

24

Likewise, the exemption sought will not adversely affect safety because The ECS

MEDIA GROUP will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of 

the DJI Phantom 2UAS will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the 

UAS are considered.

In consideration of The ECS MEDIA GROUP’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2UAS, The ECS

MEDIA GROUP submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented herein (e.g. 
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, The ECS MEDIA GROUP 

requests that the FAA prescribe special conditions for the intended operation of the 

DJI Phantom 2UAS, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will 

permit safe operation of the UAS for the limited purpose of conducting aerial video 

and photography over certain areas of the United States for compensation or hire. 

FMRA 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 UAS in the NAS.

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

21.16, for operation of the DJI Phantom 2UAS, since the airworthiness regulations of 

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

novel 

25

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

states the following: 

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.

 See 14 C.F.R. § 21.16. 

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

may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 2UAS, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 

21, Subpart H, and 14 C.F.R Sections 25 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 
 A summary That Can Be Published In The Federal Register, stating: The 

Rules From Which The ECS MEDIA GROUP Seeks Exemption: 

The ECS MEDIA GROUP seeks exemption from the requirements of 14 C.F.R 

Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

 A Brief Description Of The Nature Of The Exemption The ECS MEDIA 

GROUP Seeks: 

This exemption will permit The ECS MEDIA GROUP to commercially 

operate an Unmanned Aircraft System (UAS) for the purpose of 

conducting aerial video and photography over certain areas of the United 

States.

• Any Additional Information, Views, Or Arguments Available To Support 

The ECS MEDIA GROUP’s Request. 

 26

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

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, The ECS MEDIA GROUP’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA 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. 

As discussed in detail above, The ECS MEDIA GROUP will operate the DJI Phantom 2UAS safely in 

the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat 

to national security.

CONCLUSION 

As set forth herein, The ECS MEDIA GROUP seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 2UAS commercially, without an airworthiness certificate, for the 
limited purpose of conducting aerial video and photography over certain areas of the United 

States. 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 The ECS MEDIA GROUP to safely, efficiently, and economically operate the DJI 

Phantom 2UAS commercially within the NAS. 26

WHEREFORE,

in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act 

of 2012, Section 333, The ECS MEDIA GROUP respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

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

Leading Edge to operate the DJI Phantom 2UAS commercially for the purpose of conducting aerial 

video and photography over certain areas of the United States.

Dated: July 17, 2015

Respectfully submitted,

Emilio Cruz

President

ECS Media Group 

Urb. Estancias de la Ceiba Calle Flamboyan 17

Hatillo, PR 00659

787-505-1466

emilioeapattv@gmail.com

Appendices: A – Link to DJI Phantom 2Manual: Click on link below 

http://download.djiinnovations.com/downloads/phantom_2/en/Phantom_2_Professional_User_

Manual_v1.2_en.pdf