UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _____ _ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

BARRY A. OAKS 

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 VERSION 2.0 OR PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on April 22, 2015 

Barry A. Oaks 

13611 E. Van Mar Lane 

Galt, CA. 95632 

Tel: (209) 986-5894 
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIA TIONS ............................................................................... 3 

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

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

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

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

NAME AND ADDRESS OF PETITIONER ........................................................... ? 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BARRY A. OAKS 

SEEKS EXEMPTION .............................................................................................. 8 

THE EXTENT OF RELIEF BARRY A. OAKS AND THE REASON BARRY A. 

OAKS SEEKS THE RELIEF ............................................................................... 11 

THE REASONS WHY GRANTING BARRY A. OAKS'S REQUEST WOULD 

BE IN THE PUBLIC INTEREST ................................................................. 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY .......................................................................... 19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ..... 31 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT BARRY A. OAKS'S 

REQUEST ............................................................................................................. .32 

CONCLUSION ................................................................................................................... .32 

APPENDICE .......................................................................................... 34 

2 
AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

NOT AM 

PIC 

Section 333 

so 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VIOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code ofF ederal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss of Link 

National Airspace System 

Notice to Airman 

Pilot In Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

3 
SUMMARY 

Barry A. Oaks 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 of2012 (FMRA). This exemption will permit Barry 

A. Oaks to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography of real estate, and landscape over certain areas of 

the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Barry A. Oaks provides clients with expertise and knowledge in real estate 

marketing and aerial photography. Barry A. Oaks more than 10 years of professional 

experience in law enforcement aviation and is recognized as an expert in aerial 

observation. He has over 3 years recreational flying experience of unmanned aircraft. 

Barry A. Oaks has 5 years experience in military aircraft maintenance, and flight 

engineering. Barry A. Oaks has flown full sized airplanes and helicopters. The objective of 

Barry A. Oaks's aerial video and photography operations is to provide high quality 

imaging for commercial, public, and residential uses, specifically targeting: 

• Real estate and private, as well as commercial property aerial photography 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 and Phantom 3 

4 
Barry A. Oaks seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2 and Phantom 3 are a vertical takeoff and landing 

(VTOL) Unmanned Aircrafts (UA) with a Ground Control Station (GCS). The DJI 

Phantom 2 and Phantom 3 have a maximum gross weight of approximately 2 pounds 12 

ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a 

maximum speed of approximately 28 knots. The DJI Phantom 2 and Phantom 3 is 

equipped with four rotors; driven by four battery powered electric motors. 

The DJI Phantom 2 Version 2.0 or Phantom 3 that will be operated by Barry A. 

Oaks will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as 

well as 14 C.F .R Part 4 7, Aircraft Registration, and marked in accordance with 14 C.F .R. 

Part 45, Identification and Registration Marking or as required. 

BASIS FOR PETITION 

Petitioner, Barry A. Oaks, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012 

(FMRA), Section 333, Special Ru]es for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 2 Version 2.0 or 

Phantom 3 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)(l) & (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, Barry A. Oaks's operation ofDJI Phantom 2 

Version 2.0 or Phantom 3 meets the conditions ofFMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. 

5 
Barry A. Oaks requests relief from Sections 91.405(a), 91.407(a)(l), 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. 

Barry A. Oaks submits that the requested relief is proper since an equivalent level 

of safety will be ensured. He will use experienced personnel or technicians to perform 

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

practices prescribed in the operating documents. Barry A. Oaks will maintain maintenance 

records for the DJI Phantom 2 Version 2.0 and Phantom 3. 

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

privileges and limitations: Pilot in command, is requested by Barry A. Oaks to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

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

DJI Phantom 2 or Phantom 3 in a manner consistent with this exemption, including evasive 

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

vehicles and structures. 

Barry A. Oaks seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 2 or Phantom 3 does not require an airworthiness 

certificate in accordance with 14 C.P.R. Part 21, Subpart H. Barry A. oaks submits that he 

will ensure that the DJI Phantom 2 or Phantom 3 is in an airworthy condition, prior to 

every flight, by determining that the UAS is in compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction 

Manual, and that the aircraft is in a condition for flying safely. 

6 
Barry A. Oaks seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 Version 2.0 or Phantom 3 will not have a 

typical barometric altimeter onboard. However, altitude information of the DJI Phantoms 

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 conditions. This altitude information, combined with Barry A. 

Oaks's operation of the DJI Phantom 2 or Phantom 3 within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Barry A. Oaks seeks an exemption from the requirements of Section 91.151 (b), 

entitled Fuel requirements for flight in VFR conditions. Barry A. Oaks submits that safety 

will not be affected by operation of the DJI Phantom 2 or Phantom 3 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, Barry A. Oaks 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: 

Barry A. Oaks 

13611 E. Van Mar Lane 

Galt, ca. 95632 

Tel: (209) 986 5894 

Email: oakspi@sbcglobal.net 

B. The Specific Sections Of 14 C.F.R. From Which Barry A. Oaks Seeks Exemption. 

7 
1. Barry A. Oaks seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

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

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

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

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

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

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Barry A. Oaks 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 uoless it is in an airworthy condition. 

3. Barry A. Oaks 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)(l)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

8 
(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. Barry A. Oaks seeks Exemption From The Requirements Of Section 

91.15l(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 enoughfoel to fly 

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

fly after that for at least 20 minutes. 

5. Barry A. Oaks seeks Exemption From The Requirement Of Section 

91.405(a). 

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

Each owner or operator of an aircraft-

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

between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 

6. Barry A. Oaks seeks Exemption From The Requirements Of Section 

91.407(a)(l) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(!), 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 § 

4 3. 7 of this chapter. 

7. Barry A. Oaks seeks Exemption From The Requirements Of Sections 

91.409(a)(l) And 91.409(a)(2). 

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

9 
(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--

(I) An annual inspection in accordance with part 4 3 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. Barry A. Oaks seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

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

following: 

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

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

specified in paragraph (b) of this section: 

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

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

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

the work performed; and 

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

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

10 
(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 '!fld 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)(l) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed. 

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

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. The extent of relief Barry A. Oaks seeks and the reason Barry A. Oaks seeks the 

relief. 

1. Extent Of Relief Barry A. Oaks seeks and The Reason Barry A. Oaks seeks 

Relieffrom 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. 

11 
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, Barry A. Oaks submits that an equivalent level of 

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

Phantom 3 unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate the DJI Phantom 2 or Phantom 3 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. 

Barry A. Oaks submits that all flights of the DJI Phantom 2 or Phantom 3, 

conducted by the PIC pursuant to the grant of this Petition will be incidental to his 

business; and will not carry passengers or property for compensation or hire. 

• 2. Extent Of Relief Barry A. Oaks seeks and the reason Barry A. Oaks 

seeks relieffrom Section 91.7(a). 

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

extent required to allow Barry A. Oaks to determine that the DJI Phantom 2 or Phantom 3 

is in airworthy condition prior to every flight by ensuring that the Phantom is in 

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

Phantom 2 or Phantom 3 Instruction Manual). 

Barry A. Oaks seeks the requested relief because the DJI Phantom 2 or Phantom 3 

does not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart 

12 
H. Therefore, Barry A. Oaks will ensure that the DJI Phantom 2 or Phantom 3 is in 

airworthy condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2 or Phantom 3 Instruction Manual) prior to 

every flight, and further, determine that the aircraft is in condition for safe flight, as stated 

in the conditions and limitations below. 

3. Extent of relief Barry A. Oaks seeks and the reason Barry A. Oaks 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 or Phantom 3, 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), Barry A. Oaks seeks the requested 

relief because the DJI Phantom 2 or Phantom 3 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 or Phantom 3 is 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 Barry A. Oaks seeks and the reason Barry A. Oaks seeks 

relieffrom Section 91.15l(b ). 

13 
Relief from Section 9!.15l(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 2 Vision UA 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. Barry A. Oaks seeks the requested relief because without an exemption from 

Section 91.151 (b), the flight time duration of the battery powered DJI Phantom 2 or 

Phantom 3 will severely constrain the practicality of any aerial video or still photo flight 

operations that Barry A. Oaks proposes to conduct. 

The technical specifications of the DJI Phantom 2 Version 2.0 or Phantom 3, the 

DJI Phantom 2 or Phantom 3 operating documents, and Barry A. Oaks's proposed 

operating limitations, ensure that Barry A. Oaks will safely operate the battery powered 

DJI Phantom 2 Version 2.0 or Phantom 3 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 Barry A. Oaks seeks and the reason Barry A. Oaks seeks 

relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 

91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) 

only apply to aircraft with an airworthiness certificate, Barry A. Oaks requests relief from 

these Sections because the DJI Phantom 2 Version 2.0 or Phantom 3 does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Version 2.0 or 

Phantom 3 meets the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Barry A. Oaks will use trained technicians to perform 

14 
maintenance, or preventive maintenance on the UASs using the methods, techniques, and 

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

DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual). Barry A. Oaks will 

document and maintain all maintenance records for the DJI Phantom 2 Version 2.0 or 

Phantom 3. 

D. The reasons why granting Barry A. Oaks's request would be in the Public 

Interest; How it would benefit the Public. 

Granting the present Petition will further the public interest by allowing Barry A. 

Oaks to safely, efficiently, and economically perform aerial video and photography of real 

estate, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 2 Version 2.0 or Phantom 3 will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

1. The public will benefit from Decreased Congestion of the NAS. 

The DJI Phantom 2 Version 2.0 or Phantom 3 is battery powered and serves 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 

photography or video, an exemption allowing the use of a DJI Phantom 2 Version 2.0 or 

Phantom 3 would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety oflife 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 Version 2.0 or Phantom 3 does not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography 

15 
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 Version 2.0 or Phantom 3. 

Conducting aerial photography with the DJI Phantom 2 Version 2.0 or Phantom 3, 

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 Version 

2.0 or Phantom 3 produces no known air pollution, and is the most viable environmentally 

conscious alternative to the larger internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning gallons per hour of aviation fuel. 

The DJI Phantom 2 Version 2.0 or Phantom 3, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the they are propelled by battery powered 

electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 2 Version 2.0 or Phantom 3 to perform aerial 

photography would reduce the substantial risk to life and property in the air and on the 

ground, which is usually associated with traditional aircraft flight operations, will be 

substantially reduced or completely eliminated. The DJI Phantom 2 Version 2.0 or 

Phantom 3 (weighing approximately 2 pounds !Jounces, at its maximum gross weight 

with a length of 16 inches, widths of 16 inches, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the marmed aircraft that typically conduct similar operations. 

3. Performing aerial video and photography operations with the DJI Phantom 

2 Version 2.0 or Phantom 3 will benefit the economy. 

16 
In addition to being safe and efficient, the DJI Phantom 2 Version 2.0 and Phantom 

3 are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantoms will allow United States based 

companies, like Barry A. Oaks's, to remain competitive and contribute to growth of the 

U.S. economy. Companies must adopt new and alternative technology in order to remain 

competitive. Operating the DJI Phantom 2 Version 2.0 or Phantom 3 is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Version 2.0 or Phantom 3, companies such as 

Barry A. Oaks's, 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 Version 2.0 or Phantom 3, provides a stable workforce that 

increases consumer spending; improves tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States. 

4. There Are No Privacy Issues. 

Similar to the manned aerial flight operations that have been conducted in the past, Barry 

A. Oaks's proposed operation of the DJI Phantom 2 Version 2.0 or Phantom 3 will not 

implicate any privacy issues. Specifically, the DJI Phantom 2 Version 2.0 or Phantom 3 

will be operated only in compliance with operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual) which requires 

property owner involvement as well as local law enforcement notification, and in 

17 
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 Barry A. Oaks seeks exemption. 

1. Reasons why the DJI Phantom 2 Version 2.0 or Phantom 3 meets the 

conditions of the FAA Modernization and Reform Act of2012 (FMRA) 

Section 333. 

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

with the unmanned aircraft and its operation, Barry A. Oaks's operation of the DJI 

Phantom 2 Version 2.0 or Phantom 3 meets the conditions ofFMRA 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. 

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 oftitle 49, United States 

18 
Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1 ). 

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Barry A. Oaks submits that the DJI Phantom 2 Version 

2.0 or Phantom 3 can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Version 2.0 or Phantom 3; 

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

a. The specifications of the DJI Phantom 2 Version 2.0 or Phantom 3 

demonstrates their safe characteristics. 

The DJI Phantom 2 Version 2.0 or Phantom 3 does not create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security considering its size, 

weight, speed, and operational capability. 

i. Technical specifications ofthe DJI Phantom 2 Version 2.0 or 

Phantom3. 

The technical specifications of the DJI Phantom 2 Version 2.0 and Phantom 3 are 

set forth by the DJI Phantom 2 Version 2.0 or Phantom 3 specifications and data sheet, 

attached as Exhibit A. 

ii. The DJI Phantom 2 Version 2.0 and Phantom 3 are capable of 

autonomous flight and navigation modes enable the UASs to remain 

within a defined operational area. 

The DJI Phantom 2 Version 2.0 or Phantom 3 may be operated in both 

manual and fully autonomous flight modes. 

iii. The DJI Phantom 2 Version 2.0 or Phantom 3 is designed for 

automatic Return To Home point or hover in place in the event of 

loss of the control link or navigation. 

19 
When the Control link is lost, the DJI Phantom 2 Version 2.0 or Phantom 3 will 

remain stationary, in flight, for 3 seconds or more. After 3 seconds, the DJI Phantom 2 

Version 2.0 or Phantom 3 does not reacquire control link data from the GCS, the UAs will 

assume that the Control Link is lost and the CAs will return to the home position via GPS, 

and will descend to the takeoff position. 

b. Flight operations of DJI Phantom 2 Version 2.0 is limited to the Line Of 

Sight of A Certificated Pilot in Command with a Safety Observer. 

Barry A. Oaks will only utilize certified pilots to act as a pilot in command (PIC) of 

the DJI Phantom 2 Version 2.0 or Phantom 3. Additionally, a safety observer will assist all 

pilots during flight time. 

c. Flights of DJI Phantom 2 Version 2.0 or Phantom 3 will be conducted 

pursuant to specific operating limitations. 

In seeking this exemption, Barry A. Oaks proposes to commercially operate DJI 

Phantom 2 Version 2.0 or Phantom 3 for the 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 Version 2.0 or Phantom 

3 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 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. 

20 
5. The UA must be operated witbin visual line of sight 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. 

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

permitted. 

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

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

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

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

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator's responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

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 U AS, 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 au entry in the aircraft records. 

21 
12. The pre-flight inspection must account for all potential discrepancies, e.g. 

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

relevant sections of the operating documents. 

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

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

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

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description 

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

UAS to service. 

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

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current 

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. 

§ 61.5l(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. U AS operations may not be conducted during night, as defmed in 14 C.F .R. § 

1.1. All operations must be conducted under visual meteorological conditions 

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

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

rules (SVFR) are not authorized. 

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 NOT AM as required by the operator's COA. 

22 
The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

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

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

PIC. 

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

in accordance with the operating documents. 

23. The PIC must abort the flight in the event ofunpredicted 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 

remarnmg. 

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 (NOT AM) 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. 

23 
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; 

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: \V\V\V.ntsb.gov. 

2. Reasons why an exemption from the requirements of Section 61.113(a) and 

(b) would not adversely affect safety. 

Barry A. Oaks 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 Version 2.0 or Phantom 3 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 Version 2.0 or Phantom 3 in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

24 
Considering Barry A. Oaks's proposed area of operations, and the operating 

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

requirements to those of commercial pilot requirements (See Exemption No. II 062); and 

the airmanship skills necessary to safely operate the DJI Phantom 2 Version 2.0 or 

Phantom 3, Barry A. Oaks submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

Barry A. Oaks's 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). 

Barry A. Oaks will not allow any PIC to operate the DJI Phantom 2 Version 2.0 or 

Phantom 3 unless that PIC has demonstrated, by meeting minimum fight training and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Version 2.0 

or Phantom 3 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. § 61.5l(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). 

25 
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 Barry A. Oaks's proposed operations. The Administrator 

has held that prior documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. II 062, 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 61.5l(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. II 062, the 

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

operating the same make and model ofUAS 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 I 0 hours of multi-rotor time and the I 0 hours may be included in 

the total25 hours ofUAS 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. 

Barry A. Oaks will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 2 Version 2.0 or Phantom 3 unless that PIC has demonstrated, by meeting 

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

the DJI Phantom 2 Version 2.0 or Phantom 3 in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

26 
3. Reasons why an exemption from the requirements of Section 91.7(a) would 

not adversely affect safety. 

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

because prior to every flight, Barry A. Oaks will ensure that the DJI Phantom 2 Version 

2.0 or Phantom 3 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 Version 2.0 or phantom 3 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 altitude. This 

altitude information, combined with PIC's operation of the DJI Phantom 2 Version 2.0 or 

Phantom 3 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 Phantoms 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). 

27 
5. Reasons why an exemption from the requirements of Section 91.15l(b) 

would not adversely affect safety. 

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

14 C.P.R. Section 9Ll5l(b) as a result of (1) the teclmical specifications of the DJI 

Phantom 2 Version 2.0 or Phantom 3; (2) the limitations on the proposed flight operations; 

and (3) the location of the proposed flight operations. Barry A. Oaks will ensure that it will 

safely operate the battery powered DJI Phantom 2 Version 2.0 or Phantom 3 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 

Version 2.0 or Phantom 3; 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 

Version 2.0 or Phantom 3 provide 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 Version 2.0 or Phantom 3 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 teclmical 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 

28 
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)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) would not 

adversely affect safety. 

In seeking this exemption, Barry A. Oaks 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met 

because Barry A. Oaks will use trained technicians to perform maintenance, alterations, or 

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

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

Version 2.0 or Phantom 3 Instruction Manual). Barry A. Oaks will document and maintain 

all maintenance records for the DJI Phantoms. 

Since the DJI Phantoms will be inspected as prescribed by the operating and 

inspection instructions, Barry A. Oaks will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because Barry A. 

Oaks 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 

29 
DJI Phantoms 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 

9l.405(a), 9l.407(a)(l), 9l.409(a)(l) & (a)(2), and 9l.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 Barry A. Oaks's proposed operating limitations, the operating 

documents, and the technical aspects ofthe DJI Phantoms, Barry A. Oaks submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

9l.405(a), 9l.407(a)(l) and (a)(2), 9l.409(a)(2), and 9l.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067,11080,11109,11110,11112,11136,11138,11150,11153,11156,11157,11158, 

11159,11160, 11161). 

7. The FAA may prescribe any other conditions for safe operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Barry A. Oaks requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantoms 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, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the 

Phantoms for the limited purpose of conducting aerial video and photography over certain 

30 
areas of the United States for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a U AS 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 or Phantom 3, 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 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.P.R.§ 21.16. 

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

may prescribe special conditions for Barry A. Oaks's intended operation of the DJI 

Phantom 2 and Phantom 3, 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, 91.15l(b), 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

F. A summary that can be published in the Federal Register, stating: the rules from 

which Barry A. Oaks seeks exemption: 

31 
Barry A. Oaks 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 Barry A. Oaks seeks: 

This exemption will permit Barry A. Oaks to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and photography 

over certain areas of the United States. 

G. Any additional information, views, or arguments available to support Barry A. 

Oaks's request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 

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

UAS may operate safely in the NAS. As such, Barry A. Oaks's request for exemption may 

be granted pursuant to the authority ofFMRA 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. 

Barry A. Oaks will operate the DJI Phantoms 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 

Barry A. Oaks seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 

of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe 

operation of the DJI Phantoms 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 

32 
Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Barry A. Oaks to safely, efficiently, and 

economically operate the DJI Phantom 2 or Phantom 3 commercially within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of2012, Section 333, Barry A. Oaks 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, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) 

& (a)(2), and 91.417(a) & (b), and permit Barry A. Oaks to operate the DJI Phantom 2 

Version 2.0 and Phantom 3 commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: April22, 2015 

Respectfully submitted, 

Barry A. Oaks 

~Q 

Appendices: 

13611 E. Van Mar Lane 

Galt, CA 95632 

Tel: (209) 986-5894 

A- DJI Phantom 2 Version 2.0 and Phantom 3 information statement 

33 
APPENDIX-A 

DJI PHANTOM 2 Version 2.0 and Phantom 3 information statement 

Barry A. Oaks 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. 

Phantom2 

Phantom3 

Weight with Battery and propellers 

Maximum Flight speed 

Flight Time 

Takeoff Weight 

Operating Temperature 

Battery 

Diagonal length 

Weight with battery and propellers 

Maximum Flight Speed 

Flight Time 

Operating Temperature 

Battery 

Diagonal Length 

34 

1000 grams/2.2 lbs. 

15 rn/s /33.55mph 

25 minutes 

1300 grams max./2.86 lbs 

-10c to +40c 

3S LIPO /5200 mAh 

350mm /13.78 inches 

1280 grams/2.82 lbs 

16 rn/s /35.79 mph 

23 minutes 

Octo 40c 

4S LIPO /4480 mAh 

350mm /13.78 inches