UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C.

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

IMPLICTED, LLC

FOR AN EXEMPTION SEEKING RELIEF 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, DJI PHANTOM 3 AND DJI INSPIRE 1 

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on December 8, 2015

IMPLICTED, LLC

631 St. Charles Avenue

New Orleans, La 70130

Tel: (504) 298 8323
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 IMPLICTED, LLC 

SEEKS EXEMPTION ............................................................................................. 6

THE EXTENT OF RELIEF IMPLICTED, LLC SEEKS AND THE REASON 

IMPLICTED, LLC SEEKS THE RELIEF .............................................................. 9

THE REASONS WHY GRANTING IMPLICTED, LLC REQUEST WOULD BE 

IN THE PUBLIC INTEREST................................................................................ 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY......................................................................... 14

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT IMPLICTED, LLC REQUEST.............................. 25

CONCLUSION................................................................................................................... 25
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) Section 333 

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

IMPLICTED, LLC 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 pursuant to 

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

exemption request, once granted would allow the petitioner to operate a small unmanned 

aerial vehicle (sUAV), unmanned aircraft system (UAS) for commercial use to conduct 

bridge Inspections, flare stack inspection, utility-power generation system inspections 

and patrolling, aerial inspection, photography and videography of residential and 

commercial real estate, weddings, aerial inspection, photography and videography of 

utility infrastructure including but not limited to electrical power lines, wind turbines 

and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and 

videography, precision agriculture with on board sensors, wildlife and forestry 

monitoring and mosquito and insect control, aerial surveying, construction site 

inspection and monitoring, public entity support operations, Aerial imaging for safety, 

monitoring and comparing work efforts and completion percentages, and security of 

controlled environment of various sites, aerial video and live video feed to assist with 

search and rescue operations under the authority and support of local authority officials, 

aerial video and photography for public and private use including television, public 

events, and cinematography live feed and live newsgathering, training to persons 

individually or belonging to both private and public organizations to increase awareness 

and improve safety for current and future UAS operations within the NAS, special 

events: including high schools. colleges, professional sports, open air events and fairs, 

research, risk management and assessment, surface mining, film sets, disaster and 

catastrophe events.

INTRODUCTION AND INTERESTS OF THE PETITIONER

IMPLICTED, LLC (hereinafter referred to as “IMPLICTED”) provides its clients 

with expertise and knowledge in advanced technologies and solutions to increase efficiency, 

productivity and effectiveness. IMPLICTED also provides its clients with the highest quality 

digital content for use in their commercial, personal, and non-profit multimedia projects. 

IMPLICTED has professional experience in corporate, commercial, documentary, film and 

special event videography and photography and is recognized as an expert this field. 

IMPLICTED has recreational/hobby experience in all aspects of aerial video and 

photography. The objective of IMPLICTED aerial video and photography operations is to 

provide high quality imaging for a variety of event, commercial, public, and residential uses, 

specifically targeting:

• Event Videography and Photography

• Motion Picture Filming

• Corporate and Commercial Cinematography

• Documentary Cinematography

• Real Estate Videography and Photography

• Construction sites before and after

• Inspections and Surveying

• Stock Footage Cinematogtaphy

• Search and Rescue operations

• Increase public knowledge of UAS and promote safe UAS operations.
5

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 UASs

IMPLICTED seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 are 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, DJI Phantom 3 has a 

maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 

inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs are 

equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors.

The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs that will be operated by 

IMPLICTED, LLC 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, IMPLICTED, 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, DJI Phantom 3, DJI Inspire 1 UASs 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, IMPLICTED operation of DJI Phantom 2, 

DJI Phantom 3, and DJI Inspire 1 UASs 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, IMPLICTED 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.

IMPLICTED submits that the requested relief is proper since an equivalent level 

of safety will be ensured. IMPLICTED will use experienced personnel or technicians 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, DJI Phantom 3 and DJI Inspire 1 Instruction 

Manual). Furthermore, IMPLICTED will document and maintain all maintenance records 

for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

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

privileges and limitations: Pilot in command, is requested by IMPLICTED 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 
6

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

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

IMPLICTED seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not require an 

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

IMPLICTED submits that he will ensure that the DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1UASs are 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, DJI Phantom 3, and DJI Inspire 1 Instruction Manual), and that the aircraft 

are in a condition for safe flight.

IMPLICTED also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs 

will not have a typical barometric altimeter onboard. However, altitude information of the 

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UAs 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 IMPLICTED operation of the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, 

will ensure a level of safety equivalent to Section 91.121.

Additionally, IMPLICTED seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. IMPLICTED submits that 

safety will not be affected by operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 

1 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 approximately 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, IMPLICTED 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: 

IMPLICTED, LLC

631 St. Charles Avenue

New Orleans, La 70130

Tel: (504) 298 8323

Email: hello@implicted.com

B. The Specific Sections Of 14 C.F.R. from Which IMPLICTED Seeks Exemption.

1. IMPLICTED 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.
7

(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. IMPLICTED 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. IMPLICTED 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.

4. IMPLICTED 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. IMPLICTED Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: 
8

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. IMPLICTED 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. IMPLICTED 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.

8. IMPLICTED 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
9

(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.

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

prescribed:

(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.
10

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

Relief.

1. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED 

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, IMPLICTED submits that an equivalent level of safety 

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

Phantom 3 UAS or DJI Inspire 1 UAS 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 or DJI Phantom 3 or DJI Inspire 1 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, IMPLICTED submits that all flights of the DJI Phantom 2, DJI Phantom 3 

and, DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will 

be incidental to IMPLICTED business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED 

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 IMPLICTED to determine that the DJI Phantom 2, DJI Phantom 3 

and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the IMPLICTED Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1 Instruction Manual).

IMPLICTED seeks the requested relief because the DJI Phantom 2, DJI Phantom 3, 

and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, IMPLICTED will ensure that the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance 

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 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.
11

3. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED 

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 2, DJI Phantom 3 and DJI Inspire 1 UASs, 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),

IMPLICTED seeks the requested relief because the DJI Phantom 2, DJI Phantom 

3 and DJI Inspire 1 UA’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 2, DJI Phantom 3 and DJI Inspire 1 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 UA on the heads-up display of the GCS.

4. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED 

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 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes. IMPLICTED seeks the requested relief because 

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

powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will severely constrain the 

practicality of any aerial video or still photo flight operations that IMPLICTED proposes to 

conduct pursuant to this Petition.

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

DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 

operating documents, and IMPLICTED proposed operating limitations, ensure that 

IMPLICTED will safely operate the battery powered DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1 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 13.5 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes.

5. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED Seeks 

Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b).
12

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, IMPLICTED requests relief from 

these Sections because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not 

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, IMPLICTED 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 IMPLICTED Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, 

IMPLICTED will document and maintain all maintenance records for the DJI Phantom 2, 

DJI Phantom 3 and DJI Inspire 1 UASs.

D.The Reasons Why Granting IMPLICTED 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 

IMPLICTED to safely, efficiently, and economically perform aerial video and 

photography for inspections, real estate, special events, film sets, and landscape over 

certain areas of the United States.

Additionally, use of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 

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

the economy. Notably, the benefits of IMPLICTED proposed operation of the DJI Phantom 

2, DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating any privacy 

issues.

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

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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, DJI Phantom 

3 or DJI Inspire 1 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, DJI Phantom 3 and DJI Inspire 1 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, DJI Phantom 3 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 2, DJI Phantom 3 and DJI 
13

Inspire 1 UASs, 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, DJI Phantom 3 and DJI Inspire 1 UASs 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, 

DJI Phantom 3 and DJI Inspire 1 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.

By using the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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, DJI Phantom 3 and DJI Inspire 1

UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches 

respectively, widths of 16 inches and 17.7 inches respectively, 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 2, DJI Phantom 3 and DJI Inspire 1 UASs Will Benefit The 

Economy.

In addition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1 UASs will allow United States based companies, like IMPLICTED, 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, DJI Phantom 3 and DJI Inspire 1 UASs 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, DJI Phantom 3 and DJI Inspire 1 UASs, companies 

such as IMPLICTED, 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, DJI Phantom 3 and DJI Inspire 1 UASs, 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.
14

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

decades, IMPLICTED, LLC proposed operation of the DJI Phantom 2, DJI Phantom 3 and 

DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2, 

DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with 

operating documents (i.e., the IMPLICTED, LLC Aerial Operations Manual, Monthly 

Maintenance Log,
15

and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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.

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 IMPLICTED Seeks Exemption.

1. Reasons Why The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs 

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, IMPLICTED operation of the DJI Phantom 2, 

DJI Phantom 3 and DJI Inspire 1 UASs 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:

(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.
16

In seeking this exemption, IMPLICTED submits that the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2, DJI Phantom 

3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific 

operating limitations.

a. The Specifications Of The DJI Phantom 2, DJI Phantom 3 and DJI 

Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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, DJI Phantom 3 and 

DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 

UASs are set forth by the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Specifications 

and Data Sheet, attached hereto as Exhibit A, B and C.

ii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 

Autonomous Flight And Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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, DJI Phantom 3 and DJI Inspire 1 UASs is 

provided at pages 25-35 of the DJI Phantom 2 and pages 12-16 and 45-50 of the DJI 

Inspire 1 User Manuals, attached hereto as Exhibit D and E.

iii.The DJI Phantom 2, DJI Phantom 3 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, DJI Phantom 3 and DJI Inspire 1 

UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do 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 DJI Phantom 2 UAS are set 

forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI 

Phantom 2 and DJI Inspire 1 User Manuals, attached hereto as Exhibit D and E.

iv. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 GCS And Its 

Operation.

A complete description of the operation and specifications of the DJI Phantom 2 

and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 43 of
17

the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI Inspire 1 User 

Manual. DJI Phantom 2 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D 

and E.

b. Flight Operations Of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.

IMPLICTED 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, DJI 

Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots 

during flight time.

c. Flights Of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Will 

Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, IMPLICTED proposes to commercially operate DJI 

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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, DJI Phantom 3 and DJI 

Inspire 1 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 UA must be operated at an altitude of no more than 500 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
18

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.

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
19

of work accomplished, and the signature of the authorized person returning the 

UAS to service.

15. Each UASs 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 

third- class 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. §

19.1. 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.

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.
20

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 (N- 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:

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;
20

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.

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

And (b) Would Not Adversely Affect Safety.

IMPLICTED 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 2, DJI Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by 

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

operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering IMPLICTED 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 2 or DJI Phantom 

3 or DJI Inspire 1 UAS, IMPLICTED, LLC submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for IMPLICTED, LLC specific proposed flight operations.

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).

IMPLICTED will not allow any PIC to operate the DJI Phantom 2, DJI 

Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the DJI Phantom 2 or DJI Phantom 3 or DJI 

Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate 

the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with 

this exemption, including
21

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 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 IMPLICTED 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.

Exemption No. 11138 at page 15.

Accordingly, IMPLICTED will ensure safe operations by not allowing any 

PIC to operate the DJI Phantom 2 or DJI Phantom 3or DJI Inspire 1 UAS unless that 

PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS 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.
22

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

because prior to every flight, IMPLICTED will ensure that the DJI Phantom 2 or DJI 

Phantom 3 or DJI Inspire 1 UAS 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 2, DJI Phantom 3 and DJI Inspire 1 

UAs 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 IMPLICTED operation of the DJI 

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs 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 UASs 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 2, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed 

flight operations; and (3) the location of the proposed flight operations. Accordingly, 

IMPLICTED will ensure that it will safely operate the battery powered DJI Phantom 2, 

DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

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

2, DJI Phantom 3 and DJI Inspire 1 UASs; 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 2, DJI Phantom 3 and DJI Inspire 1 UASs 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 power. At the critically low battery level, the DJI 

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will descend and land automatically.
23

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, IMPLICTED 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 IMPLICTED will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the IMPLICTED Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and 

DJI Inspire 1 Instruction Manual).

Furthermore, IMPLICTED will document and maintain all maintenance records for 

the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

Since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be inspected 

as prescribed by the operating documents, IMPLICTED 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 2 and DJI Inspire 1 User Manuals are attached hereto as Exhibit D and E; a 

copy of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is 

attached hereto as Exhibit F.

Likewise, the exemption sought will not adversely affect safety because 

IMPLICTED 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 2, DJI Phantom 3 and DJI Inspire 1 UASs 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 IMPLICTED proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 

1 UASs, IMPLICTED 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,
24

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, IMPLICTED requests that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, 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 2, DJI Phantom 3 and DJI Inspire 1 UASs, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, 

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

states the following:

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 2, DJI Phantom 3 and DJI 

Inspire 1 UASs, 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 

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).

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

IMPLICTED Seeks Exemption:

IMPLICTED 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 IMPLICTED Seeks:

This exemption will permit IMPLICTED to commercially operate an Unmanned Aircraft System 

(UAS) for the purpose of conducting aerial video and photography over certain areas of the 

United States.
25

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

Request.

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, IMPLICTED 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, IMPLICTED will operate the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs 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, IMPLICTED 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 2, DJI Phantom 3 and DJI Inspire 1 UASs 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 IMPLICTED to safely, efficiently, and economically operate the DJI Phantom 2, DJI 

Phantom 3 and DJI Inspire 1 UASs commercially within the NAS. 

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

and Reform Act of 2012, Section 333, IMPLICTED 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 2, DJI Phantom 3 and 

DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States. 

Dated: December 8, 2015 

Respectfully submitted, 

IMPLICTED, LLC 

Brandon S. Baudier, Owner 

IMPLICTED, LLC

631 St. Charles Avenue 

New Orleans, La 70130 

Tel: (504) 298 8323 
26

Appendices:

A – DJI Phantom 2 Specifications Data Sheet 

B – DJI Phantom 3 Specifications Data Sheet 

C – DJI Inspire 1 Specifications Data Sheet

D – DJI Phantom 2 Manufacturer’s User Manual 

E – DJI Inspire 1 Manufacturer’s User Manual

F – Monthly Maintenance Log
27

APPENDIX – A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

IMPLICTED only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

1.1.3.5 HD Video Recording – 1080p30 & 720p

1.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender
28

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
29

APPENDIX – B

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

IMPLICTED only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

2.1 DJI Phantom 3

2.1.1 Aircraft

2.1.1.1 Supported Battery – DJI 6000mAh LiPo 2S

2.1.1.2 Weight (Battery & Propellers Included) – 1280 g

2.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: 10cm; Horizontal: 1m

2.1.1.4 Max Ascent Speed – 5m/s

2.1.1.5 Max Descent Speed – 3m/s

2.1.1.6 Max Flight Speed – 16m/s (ATTI mode, no wind)

2.1.2 Gimbal

2.1.2.1 Controllable Range – Pitch: -900 + 300

2.1.2.2 Stabilization – 3-zxis (pitch, roll, yaw)

2.1.3 Camera

2.1.3.1 Sensor – Sony EXMOR

2.1.3.2 Sensor Size – 1/2.3”

2.1.3.3 Effective Pixels – 12.4M

2.1.3.4 Video Recording Mode – 4096x2160p, 3840x2160p, 1920x1080p, 

1280x720p

2.1.4 Remote Controller

2.1.4.1 Operating Frequency – 2.400GHz – 1.483GHz

2.1.4.2 Max Distance – 2000m

2.1.4.3 Receiver Sensitivity (1%PER) -101dBm+/-2dBm

2.1.4.4 Transmitter Power (EIRP) – FCC: 20dBm, CE: 16dBm

2.1.4.5 Working Voltage – 12A@7.4V
30

APPENDIX – C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

IMPLICTED only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set 

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

3.2 DJI Inspire 1

3.2.1 Aircraft

3.2.1.1 Model	– T600

3.2.1.2 Weight	(Battery	Included) – 6lbs	7.5291oz (2935g)

3.2.1.3 Hovering	Accuracy	(GPS	Mode)	– Vertical:	0.5m;	Horizontal: 2.5m

3.2.1.4 Max	Angular	Velocity	– Pitch:	3000/s;	Yaw: 1500/s

3.2.1.5 MaxTiltAngle --- 350

3.2.1.6 Max	Ascent	Speed	– 5m/s

3.2.1.7 Max	Descent	Speed	– 4m/s

3.2.1.8 Max	Speed	– 22m/s	(ATTI	mode,	no	wind	– NOT RECOMMENDED)

3.2.1.9 Max	Flight	Altitude	– 4500m

3.2.1.10 Max	Wind	Resistance	– 10m/s

3.2.1.11 Max	Flight	Time	– Approximately	18	minutes

3.2.1.12 Motor	Model	– DJI 3510

3.2.1.13 Propeller	Model	– DJI 1345

3.2.1.14 Operating	Temperature Range	– 140F	to	1040F	(---100C	to	400C)

3.2.1.15 Dimensions	– 17	1⁄4”	x	17	3⁄4”	x 12”

3.2.2 Gimbal

3.2.2.1 Model	– ZENMUSE X3

3.2.2.2 Output	Power	(with	camera)	– Static:	9W;	In	Motion: 11W

3.2.2.3 Operating	Current	– Static:	750mA;	In	Motion: 900mA

3.2.2.4 AngularVibrationRange --- ±0.030

3.2.2.5 Mounting		– Detachable

3.2.2.6 Controllable Range	– Pitch: ---900	to	+300;	Pan: ±3200

3.2.2.7 Mechanical	Range	– Pitch: ---1250	to	450;	Pan: ±3300

3.2.2.8 Max	Controllable	Speed	– Pitch:	1200/s;	Pan: 1800/s

3.2.3 Camera

3.2.3.1 Name	– X3

3.2.3.2 Model	– FC350

3.2.3.3 Total	Pixels	– 12.76M

3.2.3.4 Effective	Pixels	– 12.4M
31

3.2.3.5 Image	Max	Size	– 4000x3000

3.2.3.6 ISO	Range	– 100---3200

3.2.3.7 Field	of	View---	940

3.2.3.8 CMOS	– Sony	EXMOR 1/2.3”

3.2.3.9HD	Video	Recording	– UHD(4K):	4096x2160p24/25,	

3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60;	

HD: 1280x720p24/25/30/48/50/60

3.2.3.10 Operating	Temperature	Range ---320F	--- 1040F	(00C --- 400C)

3.2.4 Transmitter

3.2.4.1	Name	– C1

3.2.4.2 Operating	Frequency	–5.728---5.850GHz;	2.400---2.483GHz

3.2.4.3 Communicating	Distance	(unobstructed)	– 2000m

3.2.4.4 Output	Power	– 9W

3.2.4.5 OperatingTemperatureRange---140Fto1040F(---100Cto400C)

3.2.4.6 Battery	– 600mAh	LiPo 2S
32

APPENDIX – D

DJI PHANTOM 2 MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji-innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf
33

APPENDIX – E

DJI INSPIRE 1 MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf
34

APPENDIX – F

MONTHLY	MAINTENANCE LOG

month: year:

UAS	#: Date	Issue	

Discovered	

Date	Issue	

Addressed	 Issue	Description	&	Maintenance Conducted	 Maintenance	Performed By:

Print	& Sign	

Software	Updates	

Airframe		

Engines	

Propellers	

Camera	Gimbal	

Landing	Gear	

Vibration	Dampening	

Other: