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SUMMARY

Allen Confidential Investigations Agency 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 Allen Confidential Investigations Agency to

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

photographs and video over certain public roadways and public areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The petitioner, Allen Confidential Investigations Agency is a licensed Florida Private Investigative

Agency and conducts investigations whereby aerial photographs are necessary. Crime scenes and

property locations are a part of the routine investigative process for Allen Confidential Investigations

Agency.

Primarily Allen Confidential Investigations Agency is a Private Investigative Agency that provides

extensive investigations for Florida Court appointed criminal cases and private litigation

support for attorneys and private clients.

BACKGROUND

Allen Confidential Investigations Agency seeks an exemption to operate the DJI Phantom 3 and Phantom 

2 Vision UAS for

compensation within the NAS. The DJI Phantom 3 and 2 Vision are comprised of a vertical takeoff and 

landing

(VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The DJI

Phantom 3 and Phantom 2 Vision have a maximum gross weight of approximately 2.8 pounds, while 

having a diameter of

23.2 inches, height of 13 inches, and maximum speed of approximately 35 mph. The DJI Phantom 3 and 

2 Vision 

UA is equipped with four propellers, each being driven by an electric motor powered by Lithium

Polymer battery. The DJI Phantom 3 and Phantom 2 Vision UA that will be operated by Allen 

Confidential Investigations Agency

are registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14
C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification

and Registration Marking.

BASIS FOR PETITION

Petitioner, Allen Confidential Investigations Agency is pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333,

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate

the DJI Phantom 3 and Phantom Vision 2 UAS in the National Airspace System (NAS), and for an 

exemption from the

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

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

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

aircraft and its operation, Allen Confidential Investigations Agency operation of the DJI Phantom 3 and 

Vision 2 UAS

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

accordance with 14 C.F.R. Part 21, Subpart H. 6. Accordingly, Allen Confidential Investigations Agency

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. Allen Confidential Investigations Agency submits that the requested relief is

proper since an equivalent level of safety will be ensured. Allen Confidential Investigations Agency will

use authorized technicians to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance

manual. Furthermore,

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Allen Confidential Investigations Agency will document and maintain all maintenance records for the DJI

Phantom3 and 2 Vision UAS. An FAA Certified Private Pilot will conduct all Flight Operations.

Allen Confidential Investigations Agency submits that the conditions and limitations set forth herein will 

ensure the safety

of the NAS, as well as the safety of persons or property on the ground.

Allen Confidential Investigation Agency seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness, because the DJI Phantom 3 and 2 Vision UAS does not require an airworthiness certificate 

in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Allen Confidential Investigation Agency submits

that it will ensure that the DJI Phantom 3 and 2 Vision UAS is in an airworthy condition, prior to every 

flight, by

determining that the UAS is in compliance with the DJI Flight Manual, and that the aircraft is in a

condition for safe flight.

Allen Confidential Investigations Agency also seeks an exemption from the requirements of Section

91.121,entitled Altimeter Settings, as the DJI Phantom 3 and 2 Vision UAS will not have a typical 

barometric

altimeter onboard. However, altitude information of the DJI Phantom 3 and 2 Vision UAS will be 

provided to the

PIC via Global Positioning System (GPS) equipment and a 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 Allen Confidential Investigations Agency operation of the DJI Phantom 3

and 2 Vision UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to

Section 91.121.

Additionally, Allen Confidential Investigations Agency seeks an exemption from the requirements of 

Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Allen Confidential Investigations

Agency

submits that safety will not be affected by terminating flights of the battery powered DJI Phantom 3

UAS after 15 minutes of continuous flight, which would allow for five minutes of battery power

remaining.

In accordance with 14 C.F.R. § 11.81, Allen Confidential Investigations Agency 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 is:

Allen Confidential Investigations Agency

4051 Skates Circle, Fort Myers Fl. 33905
Contact: Michael Allen Allen Confidential Investigations Agency

2. Allen Confidential Investigations Agency Seeks Exemption From The Requirements Of Section

91.7(a).

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

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

3. Allen Confidential Investigations Agency, Seeks Exemption From The Requirements Of Section

91.121.

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

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

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

(1) Below 18,000 feet MSL, to--

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

the aircraft;

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

current reported altimeter setting of an appropriate available station; or

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

an appropriate altimeter setting available before departure;

4. Allen Confidential Investigations Agency Seeks Exemption From The Requirements Of Section

91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

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

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

and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Allen Confidential Investigations Agency 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.Allen Confidential Investigations Agency Seeks Exemption From The Requirements Of Section

91.407(a)(1). Section 91.407, entitled Operation after maintenance, preventive maintenance,

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

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

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Allen Confidential Investigations Agency Seeks Exemption From The Requirements Of Sections

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

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

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

within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter.

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8. Allen Confidential Investigations Agency 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: 10

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour,

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records

must include--

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

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:

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

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

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

be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required

by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

each, the method of compliance, the AD or safety directive number and revision date. If the AD or

safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to

the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is

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

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

the aircraft at the time the aircraft is sold.

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

retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent of Relief Allen Confidential Investigations Agency seeks and The Reason

Allen Confidential Investigations Agency seeks the Relief.

1. Extent of Relief Allen Confidential Investigations Agency Seeks And The Reason Allen Confidential

Investigations Agency 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 certificate and a

third-class airman medical certificate or valid State Drivers License in lieu of the medical certificate, and 

who has completed the DJI training and currency

requirements, to conduct the proposed UAS flight operations for compensation.

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, Allen Confidential Investigations Agency submits that an equivalent level 

of

safety will be maintained because no person who is not an employee of Allen Confidential Investigations

Agency will have operation rights to fly or maintain the DJI Phantom 3 and 2 Vision and fly the 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.

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Further, Allen Confidential Investigations Agency submits that all flights of the DJI Phantom 3 and 2 

Vision 

conducted by the PIC pursuant to the grant of this Petition - (1) will be incidental to Allen Confidential

Investigations Agency’s business; and (2) will not carry passengers or property for compensation or

hire.

2. Extent of Relief Allen Confidential Investigations Agency Seeks And The Reason Allen Confidential 

Investigations Agency 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 Allen Confidential Investigations Agency to determine that the DJI Phantom 3 and Phantom 2 

Vision UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the DJI Flight Manual,

and that the aircraft is in a condition for safe flight.

Allen Confidential Investigations seeks the requested relief because the DJI Phantom 3 and 2 Vision UAS 

does not require

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

Confidential Investigations Agency will ensure that the DJI UAS is in an airworthy condition based upon

its

compliance with the operating documents (i.e., the DJI Flight Manual) prior to every flight, and as

stated in the conditions and limitations below.

3. Extent of Relief Allen Confidential Investigations Agency Seeks And The Reason Allen
Confidential Investigations Agency Seeks Relief From Section 91.121.

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

the DIJ UAS, which utilizes GPS equipment and a radio communications telemetry data link to

downlink altitude information to the PIC from the UA to the GCS. As more fully set forth below,

safety will be maintained as a result of the DIJ Phantom 3 and 2 Vision UA’s altitude readout via GPS 

equipment,

and Allen Confidential Investigations Agency’s operation of the DJI Phantom 3 and 2 Vision UA within

visual line of

sight, at or below 400 feet AGL.

4. Extent Of Relief Allen Confidential Investigations Agency Seeks And The Reason Allen Confidential

Investigations Agency 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 UA during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for a total

duration of 15 minutes, which will ensure that the UA will land with five minutes of battery power

remaining. Allen Confidential Investigations Agency seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI UA will

severely constrain the practicality of any aerial acquisition and research flight operations that

Allen Confidential Investigations Agency proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 and 2 Vision UAS, the

DJI Flight

Manual, and Allen Confidential Investigations Agency’s proposed operating limitations, ensure that Allen

Confidential Investigations Agency will safely operate the battery powered DJI UA during daylight hours 

in VFR

conditions, for a total flight duration of 15 minutes, landing with five minutes of battery power

remaining.

5. Extent Of Relief Allen Confidential Investigations Agency Seeks And The Reason Allen Confidential

Investigations Agency 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, Allen Confidential Investigations Agency requests relief from 

these

Sections because the DJI Phantom 3 and 2 Vision UAS does not require an airworthiness certificate. As 

set forth

more fully below, the DJI Phantom 3 and 2 Vision UAS meets the conditions of Section 333 of the FMRA 

for

operation without an airworthiness certificate. Accordingly, Allen Confidential Investigations Agency will

use authorized technicians to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance

manual. Furthermore, Allen Confidential Investigations Agency will document and maintain all 

maintenance

records for the DJI Phantom 3 and 2 Vision UAS.

D. The Reasons why Granting Allen Confidential Investigations Agency’s Request Would Be In The

Public

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Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Allen Confidential Investigations

Agency to safely, efficiently, and economically perform aerial photographs and video over public

areas of the United States, commercially, in support of government entities, court ordered

investigations, crime scene documentation, scientific studies, and private investigations.

Additionally, use of the DJI Phantom 3 and 2 Vision UAS will decrease congestion of the NAS, reduce 

pollution,

and provide significant benefits to the economy. Notably, the benefits of Allen Confidential

Investigations

Agency’s proposed operation of the DJI Phantom 3 and 2 Vision UAS will be realized without implicating 

any

privacy issues.

1. The Public Will Benefit From The Aerial Acquisitioned Photographs and Video Performed.

Allen Confidential Investigations Agency submits this Petition to commercially operate the DJI Phantom 

3 and 2 Vision

UAS and perform aerial acquisitions and research throughout areas of the United States, in support of
government entities, private investigations, court appointed investigations, evidentiary video and

photographs of crime scenes, and crime scene direction mapping. The DJI Phantom 3 and 2 Vision UAS 

will

provide safe, efficient, and economical aerial acquisition and research operations to further each of

these fields, all of which are critical to the well-being of the general public.

The specific operations that Allen Confidential Investigations Agency will perform with the DJI Phantom

3 and 2 Vision

UAS demonstrate how the requested exemption will directly benefit the above-referenced industries

and the public. In court appointed investigations, the aerial acquisition performed by the DJI

Phantom 3 and 2 Vision will create critical aerial evidence of a wider area than could be done on the 

ground. In

private investigations the DJI Phantom 3 and 2 Vision UAS will be used to aid in property inspections, 

and crime

scene evidence to the extent allowed by current Florida State Statutes . The DJI Phantom 3 and 2 Vision

UAS will also further the investigative process since large and

vast amounts of photographs can be condensed into one video segment for court preparation and

court viewing.

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

The DJI Phantom 3 and 2 Vision UA are 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 acquisitions, an exemption allowing the use

of a DJI Phantom 3 and 2 Vision UAS would reduce the amount of manned aircraft in the NAS, reduce 

noise

and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 and 2 Vision UA 

does not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial

survey 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.

3. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 and 2 Vision UAS.
Conducting aerial acquisitions with the DJI Phantom 3 and 2 Vision UAS, instead of manned aircraft, will 

greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial survey flight operations. By using battery power and electric motors, the

DJI Phantom 3 and 2 Vision UAS produces no air pollution, and is the most viable environmentally 

conscious

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically

utilized for aerial acquisitions, while burning approximately 20-30 gallons per hour of leaded

aviation fuel. The DJI Phantom 3 and 2 Vision UA, while reducing the carbon footprint of aerial 

acquisitions,

also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather

than an internal combustion engine.

By using the DJI Phantom 3 and 2 Vision UAS to perform aerial acquisitions, the substantial risk to life

and property

in the air and on the ground, which is usually associated with traditional manned aircraft flight

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew

members located onboard the aircraft, the DJI Phantom 3 and 2 Vision UA (weighing approximately2.8 

pounds at its

maximum gross weight with a diameter of 23.2 inches, and with no fuel on board), has less

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

the

manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with

a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations with The DJI Phantom 3 and 2 Vision UAS Will Benefit The

Economy.

In addition to being safe and efficient, the DJI Phantom 3 and 2 Vision UAS is also an economical 

alternative to

using manned aircraft to conduct aerial acquisitions. As such, operation of the DJI Phantom 3 and 2 

Vision UAS

will allow United States based companies, like Allen Confidential Investigations Agency, to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of
aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Phantom 3 and 2 Vision

UAS is

one such technology that not only allows companies greater operational flexibility compared to

manned aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Phantom 3 and 2 Vision UAS, companies such as Allen Confidential Investigations

Agency 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 3 and 2 Vision UAS, 

provides a

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

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

competitive both in the United States and abroad.

5. There Are No Privacy Issues.

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

Allen Confidential Investigations Agency’s proposed operation of the DJI Phantom 3 and 2 Vision UAS 

will not

implicate any privacy issues and will be operated in strict accordance with all existing State and Local 

Laws. Specifically, the DJI Phantom 3 and 2 Vision UAS will be operated only in rural

areas, and in accordance with all Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119. Most significantly, the DJI Phantom 3 and 2 Vision UA will not be

operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly

involved in the operation.

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 Allen Confidential Investigations Agency Seeks Exemption.

1. Reasons Why The DJI Phantom 3 and 2 Vision UAS Meets The Conditions Of The FAA Modernization
and Reform Act of 2012 (FMRA) Section 333.

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

aircraft and its operation, Allen Confidential Investigations operation of the DJI Phantom 3 and 2 Vision

UAS meets the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180days

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--

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(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

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(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

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

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems in the national air space system.
In seeking this exemption, Allen Confidential Investigations Agency submits that the DJI Phantom 3 and 

2 Vision UAS

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

characteristics of the DJI Phantom 3 and 2 Vision UAS; (b) the pilot certification requirement; and (c) the 

specific

operating limitations.

a. The Specifications Of The DJI Phantom 3 and 2 Vision UAS Demonstrate Its Safe Characteristics. The

DJI Phantom 3 and 2 Vision UAS 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 of The DJI Phantom 3 and 2 Vision UAS.

The technical specifications of the DJI Phantom 3 and 2 Vision UAS are set forth in the Appendix of the 

“Flight

Manual For The DJI Phantom 3 and 2 Vision Unmanned Aircraft System (UAS),” attached hereto as

Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. §

11.35(b)1.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b),

are not to be included in the Federal Docket Management System (FDMS).

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UAS

To Remain Within A Defined Operational Area.

A complete description of the autonomous modes and methods of navigation of the DJI Phantom 3

UAS is provided on page 11 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft

System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to

be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The DJI Phantom 3 and 2 Vision UAS are Designed For Automatic Return To Launch In The Event

Of Loss Of The Control Link Or Navigation.

A complete description of the DJI Phantom 3 UAS’s automatic return to launch function in the

event of a break in communication or loss of telemetry data is set forth on page 12 of the “Flight

Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A.
Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R.

§ 11.35(b). b. Flight Operations Of The DJI Phantom 3 and 2 Vision UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer. Allen Confidential Investigations

Agency will only utilize certificated pilots who possess a valid private pilot certificate to act as a pilot

in command (PIC) of the DJI Phantom 3 and 2 Vision UAS. Additionally, a safety observer will assist all 

pilots.

The PIC must complete the DJI Phantom 3 UAS training and qualification, as set forth in the “Flight

Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R.

§ 11.35(b). 20

c. Flights Of The DJI Phantom 3 and 2 Vision UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, Allen Confidential Investigations Agency proposes to commercially operate 

the

DJI Phantom 3 and 2 Vision UAS for the special purpose of conducting aerial acquisitions over public 

areas of

United States, pursuant to the following specific operating limitations:

1) Operations authorized by this grant of exemption are limited to the following aircraft described in

the operator’s manual which is a quad rotor aircraft weighing less than 10 pounds: DJI Phantom 3 and 2 

Vision

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.

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2) The UA may not be flown at an indicated airspeed exceeding 25 MPH & 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 operator’s manual. All altitudes reported to ATC must be in feet AGL.

3) The UA 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.

4) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS
requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able

to communicate verbally at all times. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight.

5) The operator’s manual and this grant of exemption must be maintained and made available to the

Administrator upon request. If a discrepancy exists between the conditions and limitations in this

exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein

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

outlined in its operator’s manual.

The operator may update or revise its operator’s manual. 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. If the operator determines that any update or revision would affect the basis upon which

the FAA granted this exemption, then the operator must petition for amendment to their exemption.

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates

or revisions to the operator’s manual.

6) Prior to each flight the PIC must inspect the UAS to ensure 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.

7) 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

in accordance with the operator’s manual. The PIC who conducts the functional test flight must make

an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional

test flight and aircraft record entry must be added to the operator’s manual.

8) The preflight inspection must account for all discrepancies, i.e. inoperable components, items,or

equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

9) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements, with particular attention to flight critical
components that may not be addressed in the manufacturer’s manuals.

10) Allen Confidential Investigations Agency must carry out their maintenance, inspections, and record

keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and

alterations must be noted in the aircraft logbook, including total flight hours, description of work

accomplished, and the signature of the authorized UAS technician or PIC returning the UAS to

service.

11) Allen Confidential Investigations Agency UAS technicians must receive and document training

referenced in the operator’s manual.

12) Each UAS operated under this exemption must comply with all manufacturer System and Safety

Bulletins.

13) Allen Confidential Investigations Agency maintenance personnel must make a record entry in the

UAS logbook or equivalent document of the corrective action taken against discrepancies

Discovered between inspections.

15) The PIC must possess at least a private pilot certificate and a third-class airman medical

certificate or valid driver license and/or a sport pilot certificate. The PIC must also meet the flight 

review requirements in

an aircraft in which the PIC is rated on his or her pilot certificate specified in 14 C.F.R. § 61.56

14

16) The operator may not permit any PIC to operate unless that PIC has demonstrated, through

the training and currency requirements set forth in the operator’s manual, that the PIC is able to

safely operate the UAS in a manner consistent with how the UAS will be operated under this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

17) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations

must be conducted under visual meteorological conditions (VMC). Flights under special visual flight

rules (SVFR) are not authorized.

18) The UA may not operate within 5 nautical miles of the airport reference point as denoted on a

current FAA-published aeronautical chart. The UA may not operate within 3 nautical miles from any

city or densely populated area.
19) 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.

20) If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined

location within the private or controlled-access property and land, or be recovered in accordance with

the operator’s manual.

21) The PIC must abort the flight in the event of unpredicted obstacles or emergencies inaccordance

with the operator’s manual.

22) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast

weather conditions and assuming normal cruising speed) there is enough power to fly to the first

point of intended landing prior to utilizing battery reserve power.

23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA

will also require the operator to request issuance of a Notice to Airman (NOTAM) not more than

72 hours in advance, but not less than 48 hours prior to the operation.

24) All aircraft operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 C.F.R. Part 47, and have identification 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 UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

26) The documents required under 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 aircraft is operating. These documents must be

made available to the Administrator or any law enforcement official upon request.

27) The UA must remain clear and yield the right of way to all other manned aviation operations and

activities at all times.

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

29) The UA may not be operated over congested or densely populated areas. These areas include but

are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may
not reflect pertinent local information. Ultimately, it

is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119.

30) Flight operations must be conducted at least 500 feet from all nonparticipating persons(persons

other than the PIC or VO), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the

event of an accident. The operator must ensure that nonparticipating persons remain under such

15

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 land owner/controller has

granted permission and the PIC has made a safety assessment of the risk of operating closer to those

objects and;

c. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 91.119(a).31)

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 prior to the beginning of every flight.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

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

Not Adversely Affect Safety.

Allen Confidential Investigations Agency 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 3 and 2 

Vision

UAS unless that PIC has demonstrated, through the DJI Phantom 3 and 2 Vision UAS training and 

currency
requirements, that the PIC is able to safely operate the DJI Phantom 3 and 2 Vision UAS in a manner 

consistent

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

distances from people, vessels, vehicles and structures.

Considering Allen Confidential Investigations Agency’s proposed area of operations, and the operating

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

to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills

necessary to safely operate the DJI Phantom 3 and 2 Vision UAS, Allen Confidential Investigations

Agency submits that

the additional manned airmanship experience of a commercially certificated pilot would not

correlate to the airmanship skills necessary for Allen Confidential Investigations Agency’s specific

proposed flight operations.

The DJI Phantom 2 series UAS was the subject of a previous Grant of Exemption from Section

61.113(a) and (b). In Exemption No. 11109, the FAA granted relief from Section 61.113(a) and (b)

concerning the operation of the DJI Phantom 2 series UAS by a PIC holding a private pilot

certificate and third class airman medical certificate, based upon the following analysis:

The FAA has analyzed Clayco’s proposed operation and has determined that it does not differ

significantly from the situation described in Grant of Exemption No. 11062 (Astraeus Aerial). Clayco

plans to operate over private property with controlled access in the NAS. Given: 1) the similar nature

of Clayco’s proposed operating environment to that of Astraeus’, 2) the parallel nature of private

pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No.

11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds that the additional

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

airmanship skills necessary for Clayco’s specific proposed operations. Therefore, the FAA finds that

a PIC holding a private pilot certificate and a third-class airman medical certificate is appropriate for

the proposed operations.

With regard to the airmanship skills necessary to operate the UAS (item #3 stated above), Clayco has

proposed a 100 hour training program and 6 month currency requirements. The condition sand

limitations below stipulate that Clayco may not permit any PIC to operate unless that PIC has
demonstrated through Clayco’s training and currency requirements that the PIC is able to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption,

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

vessels, vehicles and structures.

16

See Exemption No. 11109 at 12.

Additionally, 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. 25

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138).

As in Exemption No. 11109, Allen Confidential Investigations Agency will not allow any PIC to operate 

the

DJI Phantom 3 or 2 Vision UAS unless that PIC has demonstrated through the DJI Phantom 3 UAS 

training and

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 and 2 Vision UAS in a 

manner

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

appropriate distances from people, vessels, vehicles and structures.

A complete description of the DJI Phantom 3 UAS Training and Qualification requirements is set

forth at page 2 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),”

attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a

separate file pursuant to 14 C.F.R. § 11.35(b).

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, Allen Confidential Investigations Agency will ensure that the DJI Phantom 3 and 2 Vision

UAS is in an

airworthy condition based upon the DJI Phantom 3 and 2 Vision UAS’s compliance with its operating

documents (i.e., the DJI Phantom 3 Flight Manual), and as stated in the condition sand limitations

herein.
The DJI Phantom series UAS was the subject of a previous Grant of Exemption from Section91.7(a)

(Exemption No. 11109). 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). 26

4. Reasons Why An Exemption From The Requirements Of Section 91.121Would

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 3 UA 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. This altitude information, combined with Dominguez Investigation

Agency’s operation of the DJI Phantom 3 UA 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

will be established and confirmed for accuracy by the UAS PIC. The DJI Phantom series UAS were

the subject of a previous Grant of Exemption from Section 91.121 (Exemption No. 11109).

Additionally, 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).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 and 2 Vision UAS;

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

operations. Accordingly, Allen Confidential Investigations Agency will ensure that it can safely operate 

the

battery powered DJI Phantom 3 and 2 Vision UA during daylight hours, in VFR conditions, for a total 

flight

duration of no more than 15 minutes, resulting in a landing with five minutes of battery power
17

remaining. In a previous Petition for Exemption, in which an operator was utilizing a DJI Phantom 2

Vision UAS identical in all material respects to the DJI Phantom 3 and 2 Vision UAS Allen Confidential

Investigations

Agency proposes to use, the FAA granted an exemption from the requirements of Section91.151,

stating as follows:

In the event that the UAS should run out of power, it would simply land within the access controlled

operating area. Given its weight and construction material, the risks are less than contemplated by

the current regulation. Prior relief has been granted for manned aircraft to operate at less than the

minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. In addition,

similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for

daytime, Visual Flight Rules (VFR) conditions. The DJI Phantom 3 and 2 Vision provides a battery failsafe

that commands the UA’s return to the launch point when critical minimum voltage is reached. The

UAS batteries provide approximately 35 minutes of powered flight. The FAA agrees with Clayco’s

proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that

the UAS lands at the ground station with at least 20% battery reserve power, whichever happens

first. Given the limitations on its proposed operations and the location of those proposed operations,

a reduced minimum power reserve for flight in daylight VFR conditions is reasonable.

See Exemption No. 11109 at 15.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 and 2 Vision UAS; the

limitations on the proposed flight operations; and the location of the proposed operations, will ensure

that Allen Confidential Investigations Agency may safely operate the battery powered DJI Phantom 3

and 2 Vision UA

during daylight hours in VFR conditions for a total duration of not more than 15 minutes, and

landing with five minutes of battery power remaining.

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, and10650.
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.

288811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11136, 11138).

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

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

In seeking this exemption, Allen Confidential Investigations Agency submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Allen Confidential 

Investigations Agency will use its trained technicians to perform maintenance, alterations, or

preventive maintenance on the unmanned aircraft system using the methods, techniques, and

practices prescribed in the manufacturer’s maintenance manual. Furthermore, Allen Confidential 

Investigations Agency will document and maintain all maintenance records for the DJI Phantom 3 and 2 

Vision

UAS.

Since the DJI Phantom 3 and 2 Vision UAS will be inspected as prescribed by the manufacturer’s

maintenance manual, Allen Confidential Investigations Agency will maintain the equivalent level of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manuals For

The DJI Phantom 3 and 2 Vision UAS sets forth airworthiness requirements for the UA, including 

preflight

and post flight inspections, as well as scheduled maintenance in four categories: daily, weekly,

monthly, and yearly.

Likewise, the exemption sought will not adversely affect safety because Allen Confidential Investigations

Agency will perform maintenance, alterations or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed by the manufacturer’s maintenance manual. The

Flight Manual For The DJI Phantom 3 and 2 Vision UAS details procedures for each component of the UA,

including the

18

components of the propulsion system, avionics system, and pay load system.

A complete description of the DJI Phantom 3 UAS airworthiness and maintenance requirements is
set forth at page 53 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System

(UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held

in a separate file pursuant to 14 C.F.R. §11.35(b).

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

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 and the 

mechanically identical Phantom 2 Vision UAS

will be performed by Allen Confidential Investigations Agency trained technicians, who will document

and maintain maintenance records for the DJI Phantom 3 UAS. Significantly, previous

exemptions granted by the FAA concerning the DJI Phantom 2Vision series UAS and

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 Exemption No. 11109, the FAA stated the following concerning

the DJI Phantom 2 Vision UAS and the DJI Phantom 2 Vision Flight Manual:

Regarding the petitioner’s requested relief from 14 C.F.R 91.405 (a) Maintenance required,

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration,

91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has determined that

relief from § 91.409(a)(1) is also necessary because it is an alternate inspection requirement of§

91.409(a)(2). The FAA has carefully evaluated the petitioner’s request and determined that cause for

granting the exemption is warranted. The FAA notes that the petitioner’s DJI Phantom 2 Vision UAS

Flight Manual contain daily, preflight, monthly and yearly checks for the UAS. The FAA finds that

adherence to the DJI Phantom 2 Vision Flight Manual, as required by the conditions and limitations

below, is sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s

UAS maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subject to

the conditions and limitations below.

In consideration of Allen Confidential Investigations agency’s proposed operating limitations, the most

Recent DJI Phantom 3 Flight Manual, and the technical aspects of the DJI Phantom 3 UAS,

Allen Confidential Investigations Agency 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).

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

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

14 C.F.R. § 21.16 entitled Special Conditions, Allen Confidential Investigations Agency requests that the

FAA prescribe special conditions for the intended operation of the DJI Phantom 3 and 2 Vision

UAS ,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 acquisitions over certain rural areas of the United States. FMRA Section 333 sets for the

requirements for considering whether a UAS will create a hazard to users of the NAS or the public,

or otherwise pose a threat to national security; and further, provides the authority for such UAS to

operate without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 3 UAS, 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

19

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. 31

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

special conditions for Allen Confidential Investigations Agency’s intended operation of the DJI Phantom 

3 and 2 Vision

UAS, which contain such safety standards that the Administrator finds necessary to establish a level

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

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

The Rules From Which Allen Confidential Investigations Agency Seeks

Exemption:

Allen Confidential Investigations Agency 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 Allen Confidential Investigations Agency Seeks:

This exemption will permit Allen Confidential Investigations Agency to commercially operate an 

Unmanned

Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research over certain

public areas of the United States.

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

Investigation Agency’s 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, Allen Confidential Investigations Agency’s request for exemption may be granted

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

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to users of the NAS or the public, or otherwise pose a threat to national security; and further,

provides the authority for such UAS to operate without airworthiness certification. As discussed in

detail above, Allen Confidential Investigations Agency will operate the DJI Phantom 3 and 2 Vision UAS 

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

national security.

CONCLUSION

As set forth herein, Allen Confidential Investigations Agency seeks an exemption pursuant to 14 C.F.R. §

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

Permit safe operation of the DJI Phantom 3 and 2 Vision UAS commercially, without an airworthiness 

certificate,

for the limited purpose of conducting aerial acquisitions over certain public 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 Allen Confidential Investigations Agency to safely, efficiently, and economically

operate the DJI Phantom 3 and 2 Vision UAS commercially within the NAS.

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

Reform Act of 2012, Section 333, Allen Confidential Investigations Agency 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 Allen Confidential Investigations Agency to operate the DJI Phantom 3 and 2 

Vision UAS

commercially for the purpose

of conducting aerial acquisitions, investigations, crime scene video rendering and research over certain

public areas of the United States.

Submitted for Michael Allen

FAA Pilot Certificate # 315621917

UAS Certificate Number # FA34Y9FCNM

Owner/Investigator

Allen Confidential Investigations Agency

4051 Skates Circle
Fort Myers, FL. 33905