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UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: EDWARD J. BATIS & ASSOCIATES, INC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OFTITLE 14 OF THE 

CODE OF FEDERAL REGULATIONSSECTIONS 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 

OPERATIONDJI Inspire 1 and DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS and a BLANKET 

EXEMPTION FOR UAS OPERATION LESS THAN 55 POUNDS, DAYLIGHT OPERATION, VLOS, 

VFR AND BELOW 200 FEET AGL.

PURSUANT TO SECTION 333 OFTHE FAA MODERNIZATION AND REFORM ACT OF 

2012 (PUBLIC LAW 112-95) Submitted on January 8, 2016

EDWARD J. BATIS & ASSOCIATES, INC. 

313 N. Chicago Street 

Joliet, Illinois 60432 

Phone: (815) 726-1455 x 9304 

joe@batisappraisals.com

 
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TABLE OF CONTENTS

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

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

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

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

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

NAME AND ADDRESS OF THE PETITIONER............................................................................................................... 5

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH EDWARD J. BATIS & ASSOCIATES, INC. SEEKS 

EXEMPTION ....................................................................................................................................................................... 6

THE EXTENT OF RELIEF EDWARD J. BATIS & ASSOCIATES, INC. SEEKS AND THE REASON 

EDWARD J. BATIS & ASSOCIATES, INC. SEEKS THE RELIEF ................................................................................. 8 

THE REASONS WHY GRANTING EDWARD J. BATIS & ASSOCIATES, INC’S. REQUEST WOULD BE IN 

THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE ............................. 111

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 EDWARD J. BATIS & ASSOCIATES, INC. SEEKS 

EXEMPTION ..................................................................................................................................................................... 12 

TECHNICAL SPECIFICATIONS OF THE DJI UAS AIRCRAFT .................................................................................. 13 

THE REASONS WHY THE DJI UAS AIRCRAFT MEET THE CONDITIONS OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 (FMRA) SECTION 333 ................................................................. 14

THE REASONS WHY GRANTING THIS EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY .............. 15 

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER STATING: THE RULES FROM 

WHICH EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION ................................................................ 18

CONCLUSION .................................................................................................................................................................. 19 

APPENDIX – A ................................................................................................................................................................. 20
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GLOSSARY OF ABBREVIATIONS 

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 

DJI UAV manufacturer 

ESC Electronic speed control 

FPV First Person View 

LI-PO Lithium Polymer battery 

RCV Radio Controlled vehicle 
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SUMMARY

EDWARD J. BATIS & ASSOCIATES, INC. 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 will 

permit EDWARD J. BATIS & ASSOCIATES, INC. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography in support of its real estate appraising and consulting business activities 

in and around the State of Illinois.

INTRODUCTION AND INTERESTS OF THE PETITIONER 

EDWARD J. BATIS & ASSOCIATES, INC.’s primary business is real estate appraising and consulting. The company 

incorporated in 1973. The company has been owned and operated by Joseph E. Batis since 1990. Joseph E. Batis is 53 years 

old, is the President of the corporation, and its primary appraiser. Joseph E. Batis holds the MAI designation from the 

Appraisal Institute, the R/W-AC Certification from the International Right of Way Association, and holds the General 

Certification license from the State of Illinois. The company’s primary market area is Illinois. The company specializes in 

land appraisals, condemnation assignments, and expert testimony for energy companies and governmental agencies. 

For purposes of its real estate appraisal and consulting business, EDWARD J. BATIS & ASSOCIATES, INC. proposes to use 

the UAS for purposes of viewing properties, inspecting properties, taking aerial photography and videography, and collecting 

agricultural data. These uses will be for real estate appraisal, consulting, marketing, land analysis, property inspections, new 

construction progress reports and inspections, building inspections, and land development and construction inspections. 

EDWARD J. BATIS & ASSOCIATES, INC. does not propose to operate the UAS for any business associated with motion 

picture filming/production. 

BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 (Hereafter the DJI UAS Aircraft) 

EDWARD J. BATIS & ASSOCIATES, INC. seeks an exemption to operate DJI Inspire 1 UAS systems for compensation or 

hire within the NAS. The DJI Inspire 1is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. DJI Inspire 1 has a maximum gross weight of 6.5 

pound, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 22 m/s. 

EDWARD J. BATIS & ASSOCIATES, INC. does not propose to operate the UAS for any business associated with motion 

picture filming/production. 

The DJI Inspire 1 will be operated by EDWARD J. BATIS & ASSOCIATES, INC. and is registered with the FAA (UAS 

Certificate Number: FA3ML9M49N). 
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BASIS FOR PETITION

Petitioner, EDWARD J. BATIS & ASSOCIATES, INC., 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 UAS Aircraft 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, EDWARD J. BATIS & ASSOCIATES, INC.’s operation of the DJI UAS Aircraft 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, EDWARD J. BATIS & ASSOCIATES, INC. 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.

EDWARD J. BATIS & ASSOCIATES, INC. submits that the requested relief is proper since an equivalent level of safety 

will be ensured. EDWARD J. BATIS & ASSOCIATES, INC. 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.

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

command, is requested by EDWARD J. BATIS & ASSOCIATES, INC. to the extent necessary to allow a Pilot in Command 

(PIC) with significant experience in the field of UAV’s, and who has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

EDWARD J. BATIS & ASSOCIATES, INC. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI UAS Aircraft do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

EDWARD J. BATIS & ASSOCIATES, INC. submits that it will ensure the DJI UAS Aircraft is in an airworthy condition, 

prior to every flight, by determining that the UAS is in compliance with the operating documents and that the aircraft are in a 

condition for safe flight.

EDWARD J. BATIS & ASSOCIATES, INC. also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, DJI UAS aircraft will not have a typical barometric altimeter onboard. However, altitude information of 

the DJI UAS Aircraft 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 EDWARD J. BATIS & ASSOCIATES, INC. operation of the DJI UAS Aircraft within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, EDWARD J. BATIS & ASSOCIATES, INC. seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. EDWARD J. BATIS & ASSOCIATES, INC. submits that safety 

will not be affected by operation of the DJI UAS Aircraft 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 15 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5minutes.

In accordance with 14 C.F.R. § 11.81, EDWARD J. BATIS & ASSOCIATES, INC. provides the following information in 

support of its petition for exemption:

NAME AND ADDRESS OF THE PETITIONER

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

EDWARD J. BATIS & ASSOCIATES, INC., 313 N. Chicago Street, Joliet, IL 60432 

Contact Person: Joseph E. Batis, President and Owner 

Mobile Phone: 815-545-7197 

joe@batisappraisals.com
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THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION 

EDWARD J. BATIS & ASSOCIATES, INC. 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:

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. 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.

EDWARD J. BATIS & ASSOCIATES, INC. 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.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exemption From The requirements Of Section 91.121.

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

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—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.

EDWARD J. BATIS & ASSOCIATES, INC. 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.

EDWARD J. BATIS & ASSOCIATES, INC. 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—

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.
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EDWARD J. BATIS & ASSOCIATES, INC. 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. 

EDWARD J. BATIS & ASSOCIATES, INC. 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:

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 -- 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 An inspection for the issuance of 

an airworthiness certificate in accordance with part 21 of this chapter.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), states the following:

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:

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--

 A description (or reference to data acceptable to the Administrator) of the work performed; and

 The date of completion of the work performed; and

 The signature and certificate number of the person approving the aircraft for return to service.

 Records containing the following information:

 The total time in service of the airframe, each engine, each propeller, and each rotor.

 The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

 The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

 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.

 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.

 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. The owner or operator shall retain the 

following records for the periods prescribed: 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.

 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. 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.
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THE EXTENT OF RELIEF EDWARD J. BATIS & ASSOCIATES, INC. SEEKS AND 

THE REASON EDWARD J. BATIS & ASSOCIATES, INC. SEEKS THE RELIEF

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & 

ASSOCIATES, INC. 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, EDWARD J. BATIS & ASSOCIATES, INC. submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the 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 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, EDWARD J. BATIS & ASSOCIATES, INC. submits that all flights of DJI UAS aircraft, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to EDWARD J. BATIS & ASSOCIATES, INC. business; and (2) 

will not carry passengers or property for compensation or hire.

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & 

ASSOCIATES, INC. 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 EDWARD J. 

BATIS & ASSOCIATES, INC. to determine that the DJI UAS Aircraft are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the EDWARD J. BATIS & ASSOCIATES, INC. 

Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief because the DJI UAS Aircraft do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, EDWARD J. BATIS & 

ASSOCIATES, INC. will ensure that the DJI UAS Aircraft are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI UAS Aircraft 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.

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC Seeks and The Reason EDWARD J. BATIS & 

ASSOCIATES, INC. Seeks Relief from Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI UAS Aircraft, 

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), 

EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief because the DJI UAS Aircraft 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 UAS Aircraft 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.
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Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & 

ASSOCIATES, INC. 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 UAS Aircraft during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 5 minutes. EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI UAS Aircraft will 

severely constrain the practicality of any aerial video or still photo flight operations that EDWARD J. BATIS & 

ASSOCIATES, INC. proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI UAS Aircraft operating documents, and EDWARD 

J. BATIS & ASSOCIATES, INC. proposed operating limitations, ensure that EDWARD J. BATIS & ASSOCIATES, INC. 

will safely operate the battery powered DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & 

ASSOCIATES, INC. 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, EDWARD J. BATIS & ASSOCIATES, INC requests relief from these Sections because the DJI 

UAS Aircraft do not require airworthiness certificates. As set forth more fully below, DJI UAS Aircraft meet the conditions 

of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, EDWARD J. BATIS & ASSOCIATES, INC. 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 EDWARD J. BATIS & ASSOCIATES, INC. Aerial Operations Manual, Monthly Maintenance Log, 

and DJI UAS Aircraft Instruction Manual). Furthermore, EDWARD J. BATIS & ASSOCIATES, INC. will document and 

maintain all maintenance records for the DJI UAS Aircraft.

THR REASONS WHY GRANTING EDWARD J. BATIS & ASSOCIATES, INC.’S REQUEST WOULD BE IN 

THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE. 

Granting the present Petition will further the public interest by allowing EDWARD J. BATIS & ASSOCIATES, INC. to 

safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape 

over certain areas of the United States.

Additionally, use of the DJI UAS Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant 

benefits to the economy. Notably, the benefits of EDWARD J. BATIS & ASSOCIATES, INC. proposed operation of the 

DJI UAS Aircraft will be realized without implicating any privacy issues.

The Public Will Benefit from Decreased Congestion of The NAS.

DJI UAS Aircraft 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 UAS Aircraft 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 UAS Aircraft 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. 
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The Public Will Benefit from The Safety and Efficiency of The DJI UAS Aircraft

Conducting aerial acquisitions with the DJI UAS Aircraft, 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 UAS Aircraft 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 UAS aircraft, 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 UAS Aircraft 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 UAS Aircraft 

(weighing approximately 6 pounds 7.5 ounces, at its maximum gross weight with a length of 17.3 inches, a width of 17.7 

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).

Performing Aerial Video and Photography Operations with The DJI UAS Aircraft Will Benefit the Economy.

In addition to being safe and efficient, the DJI UAS Aircraft are also an economical alternative to using manned aircraft to 

conduct similar aerial operations. As such, operation of the DJI UAS Aircraft will allow United States based companies, like 

EDWARD J. BATIS & ASSOCIATES, INC., 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 UAS Aircraft 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 UAS aircraft, petitioners such as EDWARD J. BATIS & ASSOCIATES, INC. 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 UAS 

Aircraft, 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.

There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, EDWARD J. BATIS & 

ASSOCIATES, INC. proposed operation of the DJI UAS Aircraft will not implicate any privacy issues. Specifically, the DJI 

UAS Aircraft will be operated only in compliance with operating documents (i.e., the EDWARD J. BATIS & 

ASSOCIATES, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft 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.

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 EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION 

Reasons Why The DJI UAS Aircraft 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, EDWARD J. BATIS & ASSOCIATES, INC. operation of the DJI UAS Aircraft 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:
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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.

Assessment of Unmanned Aircraft Systems. --In making the determination under subsection (Secretary shall determine, at 

a minimum—

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

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).

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, EDWARD J. BATIS & ASSOCIATES, INC. submits that the DJI UAS Aircraft can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI UAS aircraft; (b) 

the pilot certification requirement; and (c) the specific operating limitations.

The Specifications of The DJI UAS Aircraft Demonstrate Its Safe Characteristics.

The DJI UAS Aircraft 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. 

TECHNICAL SPECIFICATIONS OF THE DJI UAS AIRCRAFT

The technical specifications of the DJI UAS Aircraft are set forth by the DJI UAS aircraft User Manual, attached hereto as

Appendix A.

The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a Defined 

Operational Area.

The DJI UAS Aircraft may be operated in both manual and fully autonomous flight 16 modes. A complete description of 

the flight and navigational modes of the DJI UAS Aircraft provided in the User Manual, attached hereto as Appendix A.

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

seconds, the DJI UAS Aircraft 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 UAS aircraft are described in the User Manual, attached hereto 

as Appendix A.

 
12

DJI UAS Aircraft GCS Operation.

Inspire 1 GCS and flight control software is provided in the User Manual for the DJI UAS aircraft attached hereto as 

Appendix A.

Flight Operations of DJI UAS Aircraft are Limited to The Line of Sight of a Certificated Pilot in Command with A 

Safety Observer.

EDWARD J. BATIS & ASSOCIATES, INC. employees or subcontractors will be the only persons to act as a pilot in 

command (PIC) of DJI UAS Aircraft.

Flights of DJI UAS Aircraft Will Be Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption, EDWARD J. BATIS & ASSOCIATES, INC. proposes to commercially operate DJI UAS 

Aircraft 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 UAS 

AIRCRAFT. 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 45 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. 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. 
13

9. 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.

10. 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.

11. 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.

12. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

13. 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.

14. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies

discovered between inspections. 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.

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

17. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of operations. Flights under 

special visual flight rules (SVFR) are not authorized.

18. The UAV may not operate within 5 nautical miles of an airport reference point 19 as denoted on a current FAApublished 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.

19. The UAV 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.

20. If the UAV loses communications or loses its GPS signal, it must return to a pre- determined location within the 

planned operating area and land or be recovered in accordance with the operating documents.

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the 

operating documents.

22. 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 UAV with 25% battery 

power remaining.
14

23. 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.

24. 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.

25. Before conducting operations, the radio frequency spectrum used for operation and control of the UAV must 

comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency 

requirements.

26. 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.

27. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times.

28. The UAV may not be operated by the PIC from any moving device or vehicle.

29. 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:

30. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAV 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;

31. 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;

32. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those 

persons per § 91.119(a).

33. 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.

34. 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.

35. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

 
15

THE REASONS WHY GRANTING THIS EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY 

Reasons Why an Exemption from The Requirements of Section 61.113(a) And (b) Would Not Adversely Affect Safety

EDWARD J. BATIS & ASSOCIATES, INC. 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 UAS Aircraft unless that PIC has 

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

UAS Aircraft in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Considering EDWARD J. BATIS & ASSOCIATES, INC. 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 UAS aircraft, 

EDWARD J. BATIS & ASSOCIATES, INC. submits that the training, preparation, practice, and experience of the 

Petitioner is sufficient to meet the requirements of the proposed use.

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).

EDWARD J. BATIS & ASSOCIATES, INC. will not allow any PIC to operate the DJI UAS Aircraft unless the PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI UAS Aircraft training and currency 

requirements, that the PIC is able to safely operate the DJI UAS Aircraft 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 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 EDWARD J. BATIS & ASSOCIATES, INC. 

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 UAS with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, EDWARD J. BATIS & ASSOCIATES, INC. will ensure safe operations by not allowing any PIC to operate 

DJI UAS Aircraft unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
16

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, EDWARD J. 

BATIS & ASSOCIATES, INC. will ensure that DJI UAS Aircraft 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).

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 

UAS Aircraft 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 EDWARD J. BATIS & ASSOCIATES, INC. operation of the DJI UAS Aircraft within visual line of sight, 

at or below 400 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 23 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).

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

location of the proposed flight operations. Accordingly, EDWARD J. BATIS & ASSOCIATES, INC. will ensure that it 

will safely operate the battery powered DJI UAS Aircraft during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, 

to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI UAS Aircraft 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 UAS Aircraft 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 Vision+ and DJI Phantom 3 UASs 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).

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, EDWARD J. BATIS & ASSOCIATES, INC. N 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), 1.409(a)(1) 

& (a)(2), and 91.417(a) & (b) will be met because EDWARD J. BATIS & ASSOCIATES, INC. 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 EDWARD J. BATIS & ASSOCIATES, INC. Aerial Operations Manual, 

Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual). Furthermore, EDWARD J. BATIS & 

ASSOCIATES, INC. will document and maintain all maintenance records for the DJI UAS Aircraft UAS.
17

Since the DJI UAS Aircraft will be inspected as prescribed by the operating documents, EDWARD J. BATIS & 

ASSOCIATES, INC. 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 UAS Aircraft User Manual is attached hereto as Appendix A; a copy of the DJI UAS 

Aircraft Maintenance LOG is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because EDWARD J. BATIS & ASSOCIATES, INC. 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 UAS Aircraft 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 EDWARD J. BATIS & ASSOCIATES, INC. proposed operating limitations, the operating documents, 

and the technical aspects of the DJI UAS Aircraft, EDWARD J. BATIS & ASSOCIATES, INC. 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).

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, EDWARD J. BATIS & ASSOCIATES, INC. requests that the FAA prescribe special conditions for the 

intended operation of the DJI UAS Aircraft 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 UAS 

Aircraft 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 

EDWARD J. BATIS & ASSOCIATES, INC. intended operation of the DJI UAS Aircraft, 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).
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A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER STATING: 

THE RULES FROM WHICH EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION

EDWARD J. BATIS & ASSOCIATES, INC. 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 EDWARD J. BATIS & ASSOCIATES, INC. Seeks:

This exemption will permit EDWARD J. BATIS & ASSOCIATES, INC. 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 EDWARD J. BATIS & ASSOCIATES, 

INC. 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, EDWARD J. BATIS & ASSOCIATES, INC. 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, EDWARD J. BATIS & ASSOCIATES, INC. will operate DJI UAS aircraft safely in the NAS, 

without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.
19

CONCLUSION

As set forth herein, EDWARD J. BATIS & ASSOCIATES, INC. 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 UAS 

Aircraft 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 EDWARD J. BATIS & ASSOCIATES, INC. to safely, efficiently, and economically operate the DJI UAS 

Aircraft commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012,

Section 333, EDWARD J. BATIS & ASSOCIATES, INC. 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 EDWARD J. BATIS & ASSOCIATES, INC. to 

operate the DJI UAS Aircraft commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States.

Dated: January 8, 2016 Attachments to this Submission: DJI Inspire 1 Specifications

Very respectfully,

Edward J. Batis & Associates, Inc. 

By Joseph E. Batis, President 

313 N. Chicago Street 

Joliet, Illinois 60432 

(815) 545-7197 

joe@batisappraisals.com 
20

APPENDIX – A

DJI INSPIRE 1 

USER MANUAL 

EDWARD J. BATIS & ASSOCIATES, INC. 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. Further, DJI software provides real-time altitude and location 

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

APPENDIX – A (SEE ATTACHED)