Aviator Cinema for Exemption Page 1 

From:

Darl D Hanna

Aviator Cinema

3715 E Adobe Drive

Phoenix Arizona 85050 

Tel: 480-699-9606

Email: Houzful@gmail.com

To:

Docket Operation

Room W12-140 Of the West Wing

Ground Floor

!200 New Jersey Avenue, Se

Washing DC, 20590

PETITION FOR EXEMPTION OF:

UAV Aerial Video

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 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 VISION+ UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on June 04, 2015 
Aviator Cinema for Exemption Page 2 

TABLE OF CONTENTS

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER...............................................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UAV AERIAL VIDEO SEEKS 

EXEMPTION..............................................................................................................................8 

THE EXTENT OF RELIEF UAV AERIAL VIDEO SEEKS AND THE 

REASON UAV AERIAL VIDEO SEEKS THE RELIEF...................................................11

THE REASONS WHY GRANTING UAV AERIAL VIDEO 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.........................33 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

CONCLUSION.........................................................................................................................33 
Aviator Cinema for Exemption Page 3 

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
Aviator Cinema for Exemption Page 4 

SUMMARY

Aviator Cinema ( Darl D Hanna and George Houston Hanna) seeks exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 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 Aviator Cinema to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial video and photography of Real Estate Properties (for 

homeowners, realtor's, home builders, home contractors and / or home inspectors for real estate 

marketing and inspection of home exteriors) as well as filming of special events, film sets, 

scripted and unscripted television sets and landscape, conducting power line inspection, aerial 

mapping, surveying and search and rescue over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aviator Cinema is a production company based in Phoenix Arizona specializing in real estate 

videography, photography, music video production, special event production and film. The 

principals of Aviator Cinema have been in the video and entertainment production business for

one year; Aviator Cinema's objective is to conduct aerial photography and videography in order 

to provide high quality digital imaging and video content to its clients, in particular to 

homeowners, real estate agents, realtor's, home builders, home contractors, and/or home 

inspectors for real estate marketing and inspections of home exteriors as well as filming of special 

events, film sets, scripted and unscripted television sets and landscape, conducting power line 

inspection, aerial mapping, surveying and search and rescue utilizing DJI Phantom 2 Vision+. 

More specifically, UAV Aerial Video aerial video and photography operations will serve in the 

following areas: 

• Aerial photography of houses / residential and commercial buildings and power lines

• Aerial videography of houses / residential and commercial buildings and power lines

• Aerial event photography

• Aerial event filming

• Aerial Film & Television production
Aviator Cinema for Exemption Page 5 

• Aerial search and rescue and safety inspections

• Increase public knowledge of UAS and promote safe UAS operations.
Aviator Cinema for Exemption Page 6 

The proposed aerial filming will be conducted over private property with controlled access in the 

NAS and with the knowledge and permit of the private property’s owner. 

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, Phantom 3 Professional UAS

Aviator Cinema seeks an exemption to operate DJI systems DRONES for compensation

or hire within the NAS. The DJI Phantom 2 Vision+ are vertical takeoff and landing (VTOL) 

Unmanned Aircrafts (UAS) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The DJI Phantom 2+, have a maximum gross weight of approximately 2 

pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and 

a maximum speed of approximately 29 knots. The DJI Phantom 2 Vision+,are equipped with four 

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

The DJI Phantom 2 Vision+, that will be operated by Aviator Cinema are (trained professional),

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 

C.F.R Part 47, Aircraft Registration, and

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

BASIS FOR PETITION

Petitioner, Aviator Cinema, pursuant to the provisions of the Federal Aviation Regulations

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+ in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R 

§§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

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

In consideration of the speed, weight, size, and limited operating area associated 
UAV Aerial Video for Exemption Page 7 

with the unmanned aircraft and its operation, Aviator Cinema operation of DJI Phantom 2 

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

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

Cinema 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. 

Aviator Cinema submits that the requested relief is proper since an equivalent 

level of safety will be ensured. Aviator Cinema will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS’s 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2 Vision+, Instruction Manual). Furthermore, 

Aviator Cinema will document and maintain all maintenance records for the DJI Phantom 2 

Vision+.

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

and limitations: Pilot In Command, is requested byAviator Cinema to the extent necessary to 

allow a Pilot in Command (PIC) holding a Supplemental Pilot 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 Vision+, in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 

Aviator Cinema seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 2 Vision+, do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Aviator Cinema submits that it will ensure that the Phantom 

2 Vision+UAS are in an airworthy condition, prior to every flight, by determining that the 

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

Phantom 2 Vision+, Instruction Manual), and that the 

aircraft are in a condition for safe flight. Aviator Cinema also seeks an exemption from 

the requirements of Section 
Aviator Cinema for Exemption Page 8 

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

barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+,

will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which down-links from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with Aviator Cinemas 

operation of the DJI Phantom 2 Vision+, within visual line of sight, at or below 200 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. 

Additionally, Aviator Cinema seeks an exemption from the requirements of 

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

submits that safety will not be affected by operation of the DJI Phantom 2 Vision+, 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, UAV Aerial Video 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: Darl D Hanna

Aviator Cinema

3715 E Adobe Drive

Phoenix Arizona 85050

Tel: 480-699-9606

Email: houzful@gmail.com
Aviator Cinema for Exemption Page 9 

B. The Specific Sections Of 14 C.F.R. From Which UAV Aerial Video Seeks

Exemption.

1. Aviator Cinema 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. Aviator Cinema 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. Aviator Cinema 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. 
Aviator Cinema for Exemption Page 10

4. Aviator Cinema 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. Aviator Cinema 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. Aviator Cinema 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.Aviator CinemaSeeks 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
Aviator Cinema For Exemption Page 11

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.Aviator Cinema Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b). 

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

following: 

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

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

specified in paragraph (b) of this section: 

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

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

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

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

include--

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information:

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 
Aviator Cinema for Exemption Page 12

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 UAV Aerial Video Seeks And The Reason UAV Aerial Video Seeks

The Relief.

1. Extent Of Relief Aviator Cinema Seeks And The Reason UAV Aerial Video 

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 Supplemental Pilot Certificate, as well as a current and valid 

airman medical certificate, and who has met certain flight-hour and currency 

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

hire. This relief is requested since the limitations set forth in Section 61.113(a) 

and (b) state that a private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if: (1) The flight is only 
Aviator Cinema for Exemption Page 13

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, UAV Aerial Video submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 2 Vision+, Phantom 3 Professional UA unless that PIC has met certain 

flight-hour and currency requirements, demonstrating that the PIC is able 

to safely operate either the DJI Phantom 2 Vision+, Phantom 3 Professional UAS 

in a manner consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures. Further, UAV 

Aerial Video submits that all flights of the DJI Phantom 2 Vision+, Phantom 3 

Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to UAV Aerial Video business; and (2) will not carry 

passengers or property for compensation or hire. 

UAV Aerial Video believes that though UAS are not traditional aircrafts, a PIC 

operating the UA must have knowledge of Airman rules, basic Airspace and 

comply with all the rules proposed by the FAA. However, considering the fact 

that a UA is almost like a toy, weighing less than a skinny person, the PIC may be 

except from obtaining a Private Pilot Certificate, a Sports Certificate, a 

Recreational Certificate considering these certificates require flight hours of 

several thousand tons weighing aircrafts. The operation of UAS by UAV Aerial 

Video is strictly for entertainment / informational purposes, thus the operators of 

the UAS have a career and / or freelance employment as a Camera Operator and

Cinematographer and will be not be entertaining a career as a pilot. Lastly, UAV 

Aerial Video PICs will operate the UAS no higher than 200 feet, consequently 

causing no danger do any other aircraft in the NAS. However, UAV Aerial 

Video Proposes PIC Certification as a Supplemental 

pilot and a minimum requirement of successfully completed private pilot ground 

school. Additionally, supplemental pilots without a current FAA private pilot 
Aviator Cinema for Exemption Page 14

certificate must have successfully passed the private pilot, commercial pilot, or 

airline transport pilot knowledge test within the past 24 calendar months. 

2. Extent Of Relief Aviator Cinema Seeks And The Reason UAV Aerial

Video 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 UAV Aerial Video to determine that the DJI 

Phantom 2 Vision+, are in airworthy condition 

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

documents (i.e., the Aviator Cinema Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 Vision+, Instruction Manual). Aviator Cinema seeks the 

requested relief because the DJI Phantom 2 

Vision+ do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Aviator Cinema will ensure that the

DJI Phantom 2 Vision+ is in airworthy condition based upon its compliance with 

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

Vision+, Instruction Manual) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight, as stated in the conditions and limitations 

below. 

3. Extent Of Relief Aviator Cinema Seeks And The Reason Aviator Cinema 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 Vision+, UAS, which utilize a barometric 

pressure sensor, GPS equipment, and a radio communications telemetry data link 

to down link 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), Aviator Cinema seeks the 

requested relief because the DJI Phantom 2 Vision+, UA’s altimeter may be set on 

the ground to zero feet AGL, rather than the local barometric pressure or field
Aviator Cinema for Exemption Page 15

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 Vision+, UAS are equipped with a barometric pressure sensor and 

GPS equipment, which automatically ensures that a ground level pressure setting 

will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief Aviator Cinema Seeks And The Reason Aviator Cinema

Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

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

powered DJI Phantom 2 Vision+, 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. UAV Aerial Video seeks the 

requested relief because without an exemption 

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

Phantom 2 Vision+ will severely constrain the practicality of any aerial video or 

still photo flight operations that Aviator Cinema proposes to conduct pursuant 

to this Petition. 

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

Vision+ UAS operating documents, and Aviator Cinema proposed operating 

limitations, ensure that Aviator Cinema will safely operate the battery powered 

DJI Phantom 2 

Vision+ UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), with enough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes. 
Aviator Cinema for Exemption Page 16

! ! 5. Extent Of Relief Aviator Cinema Seeks And The Reason Aviator Cinema

Seeks Relief From Section 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, Aviator Cinema

requests relief from these Sections because the DJI Phantom 2 Vision +, UAS do 

not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 2 Vision+, meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, Aviator Cinema will use 

trained technicians to perform maintenance, alterations, or preventive 

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

in the UAS operating documents (i.e., the Aviator Cinema Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, Instruction 

Manual). Furthermore,Aviator Cinema will document and maintain all 

maintenance records for the DJI Phantom 2 Vision+. 

D. The Reasons Why Granting Aviator Cinema Request Would Be In The

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

Granting the present Petition will further the public interest by allowing UAV Aerial 

Video to safely, efficiently, and economically perform aerial video and photography 

of real estate, special events, film sets, and landscape over certain areas of the United 

States. 

Additionally, use of the DJI Phantom 2 Vision+, will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits 

of Aviator Cinema's proposed operation of the DJI Phantom 2 Vision+, will be realized 

without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.
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The DJI Phantom 2 Vision+, is battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, 

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

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

congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI Phantom 2 Vision+ do not require an airport to takeoff or land. 

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

missions would result in fewer aircraft that must be handled by air traffic control 

during the ground, takeoff, departure, arrival, and landing phases of flight 

operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 2 Vision+. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision+, 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 Vision+ produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 Vision+, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by 

battery powered electric motors, rather than an internal combustion engine. By 

using the DJI Phantom 2 Vision+ to perform aerial acquisitions, the substantial 

risk to life and property in the air and 
Aviator Cinema for Exemption Page 18

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

operations, will be substantially reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the DJI Phantom 2 

Vision+(weighing approximately 2 pounds 11 ounces ) at its maximum gross 

weights with lengths of 16 inches and 17.3 inches and with no fuel on board), has 

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

in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 2 Vision+, Will Benefit The Economy. 

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

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 Vision + will allow United 

States based companies, like Aviator Cinema, to remain competitive and 

contribute to growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt 

new and alternative technology in order to remain competitive. Operating the 

battery powered DJI Phantom 2 Vision+, is one such technology that not only 

allows companies greater operational flexibility compared to manned aircraft, but 

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

aircraft. By operating the DJI Phantom 2 Vision, companies such as Aviator 

Cinema, 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 
Aviator Cinema for Exemption Page 19

performance of U.S. companies, through commercial use of the DJI Phantom 2 

Vision +, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in 

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

States and abroad. 

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Aviator Cinema proposed operation of the DJI Phantom 2 

Vision+ will not implicate any privacy issues. Specifically, the DJI Phantom 2 

Vision+, will be operated only in compliance with operating documents (i.e., the 

Aviator Cinema Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision+, Instruction Manual) which requires property owner 

involvement as well as local law enforcement notification, and in accordance 

with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which UAV Aerial Video Seeks Exemption.

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

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

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

with the unmanned aircraft and its operation, Aviator Cinema operation of the DJI 

Phantom 2 Vision+,UAS meet the conditions of FMRA Section 333, and will not require an 

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

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security. 
Aviator Cinema for Exemption Page 20

Specifically, FMRA Section 333 states the following, in part: 

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

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan 

and rule-making required by section 332 of this Act or the guidance required by

section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

a hazard to users of the national airspace system or the public or pose a 

threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

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

section that certain unmanned aircraft systems may operate safely in the 

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

operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Aviator Cinema submits that the DJI Phantom 2 Vision

+, UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+, UAS; 

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

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its 

Safe Characteristics.
Aviator Cinema for Exemption Page 21

The DJI Phantom 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 2 Vision+, UAS. 

The technical specifications of the DJI Phantom 2 Vision+, UAS is set 

forth by the DJI Phantom 2 Vision+, Specifications and Data Sheet, 

attached hereto as Exhibit A. 

ii. The DJI Phantom 2 Vision+, UAS Autonomous Flight And Navigation 

Modes Enable The UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 2 Vision+,UAS may be operated in both manual and 

fully autonomous flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 2 Vision+, UAS is provided at 

pages 25-35 of the DJI Phantom 2 Vision+, User Manual, attached hereto 

as. 

iii. The DJI Phantom 2 Vision+, UAS Are Designed For Automatic Return 

To Home Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation. When the Control Link is lost, the DJI Phantom 2 Vision+ UA 

will remains stationary, in flight, for 3 seconds or more. If, after 3 seconds, 

the DJI Phantom 2 Vision+ UA does not reacquire control link data from 

the GCS, the UA will assume that the Control Link is lost and the UA will 

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

to the takeoff position and shutdown. A complete description of the 

Failsafe Functions of the DJI Phantom 2 Vision+, UAS are set forth at 
Aviator Cinema for Exemption Page 22

pages 27 through 29 of the DJI Phantom 2 Vision+.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 2 Vision+, and flight control software is provided at pages 32 

through 43 of the DJI Phantom 2 Vision+, Professional User Manual. DJI 

Phantom 2 Vision+ User Manual is attached hereto as Exhibit B & D. 

b. Flight Operations Of DJI Phantom 2 Vision+, UAS Are Limited To The 

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Aviator Cinema will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the DJI 

Phantom 2 Vision+, UAS. Additionally, a safety observer will assist all pilots 

during flight time. 

c. Flights Of DJI Phantom 2 Vision+, UAS Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 2 

Vision+ UAS for the special purpose of conducting aerial video and photography 

over certain areas of United States, pursuant to the following specific operating 

limitations: 

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotor craft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 2 Vision+, Unmanned Aircraft 

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

to amend this grant. 
Aviator Cinema for Exemption Page 23

2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography for homeowners, Realtors, home builders, 

contractors, home inspectors for use in real estate marketing and real estate inspections. 

Additionally, aerial video and photography may be conducted on occasional basis for 

film and television sets, special events and landscape photography, conducting power 

line inspection, aerial mapping, surveying as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s).

4. The UAS must be operated at an altitude of no more than 200 (500 per the User

Manual) feet above ground level (AGL), as indicated by the procedures specified in the 

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

reported to ATC must be in feet AGL. 

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

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

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

medical certificate. 

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

permitted. 

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

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

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

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

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

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

functions prescribed in the operating documents. 
Aviator Cinema for Exemption Page 24

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

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

is not permitted to operate the camera or other instruments. 

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

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

discrepancy exists between the conditions and limitations contained in the grant 

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

conditions and limitations contained in the grant of exemption take precedence 

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

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

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

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

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

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

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

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

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

questions arise regarding updates or revisions to the operating documents. 

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

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

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

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

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

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

records. 

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

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

component, must undergo a functional test flight. The PIC who conducts the 
Aviator Cinema for Exemption Page 25

functional test flight must make an entry in the aircraft records. 

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

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

relevant sections of the operating documents. 

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

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

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

requirements, in accordance with the operating documents. Maintenance, 

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

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

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

UAS to service. 

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

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a Suplemental Pilot certificate and at least a current

third- class medical certificate. Supplemental pilots must have, at a minimum, 

successfully completed private pilot ground school. Additionally, supplemental pilots 

without a current FAA private pilot certificate must have successfully passed the private 

pilot, commercial pilot, or airline transport pilot knowledge test within the past 24 

calendar months. 

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 
Aviator Cinema for Exemption Page 26

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

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

§ 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 

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

91.119. 

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

1.1. All operations must be conducted under visual meteorological conditions (VMC). 

If flight at night is required, a special request will be made at the FAA office closest 

to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

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

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

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

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

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

the Administrator upon request. 

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

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

PIC.

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

predetermined location within the planned operating area and land or be recovered 
Aviator Cinema for Exemption Page 27

in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining. 

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

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

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

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance 

with airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements. 

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

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

identification (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. 
Aviator Cinema for Exemption Page 28

29. The UAS must remain clear and yield the right of way to all manned aviation

operations and activities at all times. 

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission 

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

objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property

with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to 

be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must 

be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
Aviator Cinema for Exemption Page 29

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

And (b) Would Not Adversely Affect Safety.

Aviator Cinema 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 Vision + 

UAS unless that PIC has demonstrated, by meeting minimum flight- hour and currency 

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

manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering Aviator Cinema proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the DJI Phantom 2 Vision+, UAS,Aviator Cinema submits that the additional 

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

airmanship skills necessary for Aviator Cinema 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). 

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, Aviator Cinema will ensure that the DJI Phantom 2 

Vision+ UAS is in an airworthy condition based upon the 

UAS’s compliance with its operating documents and as stated in the conditions and 

limitations herein. Additionally, the FAA has previously granted relief from Section 

91.7(a) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 
Aviator Cinema for Exemption Page 30

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 Vision+, UA will be provided to the PIC 

via GPS equipment and a radio communications telemetry data link, which down-links from the 

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

combined with UAV Aerial Video’s operation of the DJI Phantom 2 Vision+ UAS within visual 

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 

91.121. The altitude information will be generated by GPS equipment installed on board the 

aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the 

UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

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

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

Would Not Adversely Affect Safety.

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

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

Phantom 2 Vision+, UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly,Aviator Cinema will ensure that it will 

safely operate the battery powered DJI Phantom 2 Vision+ UA 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 
Aviator Cinema for Exemption Page 31

Vision+, UAS; 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 Vision+, UAS provide 

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

voltage, the first warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom Vision+, UAS will descend and land automatically. Significantly, previous exemptions 

granted by the FAA concerning Section 91.151 

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

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

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

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

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

presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, Aviator Cinema 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 Aviator Cinema will use trained technicians to perform maintenance, 

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

prescribed in the operating documents (i.e., theAviator Cinema Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, 

Aviator Cinema will document and maintain all maintenance records for the DJI Phantom 2 

Vision+, UAS. 

Since the DJI Phantom 2 Vision+, UAS will be inspected as prescribed 
Aviator Cinema for Exemption Page 32

by the operating documents, Aviator Cinema will maintain the equivalent level of safety 
Aviator Cinema for Exemption Page 33

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

Phantom 2 Vision+ User Manual is attached hereto as Exhibit B & D; a copy of the DJI Phantom 

2 Vision+, UAS Maintenance LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Aviator Cinema will use 

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

using the methods, techniques, and practices prescribed by the operating documents. 

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

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

DJI Phantom 2 Vision+, UAS will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log. Significantly, previous 

exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. 

In consideration of Aviator Cinema proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2 Vision +, UAS, Aviator 

Cinema submits that safety will not be adversely affected by granting exemption from 14 C.F.R. 

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

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

those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Aviator Cinema requests 

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 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 
Aviator Cinema for Exemption Page 34

operation of the UAS for the limited purpose of conducting aerial video and photography 

over certain areas of the United States for compensation or hire. FMRA Section 333 sets 

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

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

authority for such UAS to operate without airworthiness certification in accordance with 

any requirements that must be established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 2 Vision+, 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 design features of the aircraft. Section 21.16, entitled Special Conditions, states the 

following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. See 14 C.F.R. § 21.16. 

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

may prescribe special conditions for UAV Aerial Video’s intended operation of the DJI Phantom 

2 Vision+, , 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 UAV Aerial Video Seeks Exemption:

Aviator Cinema 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). 
Aviator Cinema for Exemption Page 35

A Brief Description Of The Nature Of The Exemption Aviator Cinema Seeks: 

This exemption will permit Aviator Cinema 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 Aviator 

Cinema 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, Aviator Cinema 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, Aviator Cinema will operate the DJI Phantom 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, Aviator Cinema seeks an exemption pursuant to 14 C.F.R. 

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

which will permit safe operation of the DJI Phantom 2 Vision+, UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be 

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

also advancing the interests of the public, by allowing Aviator Cinema to safely, efficiently, and 

economically operate the DJI Phantom 2 Vision+, UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 
Aviator Cinema for Exemption Page 36

Modernization and Reform Act of 2012, Section 333, Aviator Cinema 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 Aviator Cinema to operate the DJI 

Phantom 2 Vision +, Phantom 3 Professional UAS commercially for the purpose of conducting 

aerial video and photography of Real Estate Properties (for homeowners, realtor's, home 

builders, home contractors and / or home inspectors for real estate marketing and inspection of 

home exteriors) as well as filming of special events, film sets, scripted and unscripted television 

sets and landscape as well as conducting power line inspection, aerial mapping, surveying and 

search and rescue over certain areas of the United States.

Dated: June 04, 2015 

Respectfully submitted 

by, Darl D Hanna

Darl

Hanna

Aviator Cinema 

3715 E Adobe Drive

Phoeni,x Arizona 85050 

Tel: 480-699-9606

Email: houzful@gmail.com
UAV Aerial Video for Exemption Page 37

Appendixes:

A – DJI Phantom 2 Vision+ Specifications Data Sheet 

B – DJI Phantom 2 Vision+ Manufacturer’s User Manual C 

C – Monthly Maintenance Log 

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

UAV Aerial Video only utilizes safe and reliable UASs. DJI is an industry leader in small 

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

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

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

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

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

1.1 DJI Phantom 2 Vision+ 

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

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

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

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s 

1.1.1.7 Max Descent Speed – 2m/s 

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

1.1.2 Gimbal 

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

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera 

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

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M 
Aviator Cinema for Exemption Page 38

1.1.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter 

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz 

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

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

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender 

1.1.5.1 Operating Frequency – 2412-2462MHz 

1.1.5.2 Communication Distance (unobstructed) – 500-700m 

1.1.5.3 Transmitter Power – 20dBm 

1.1.5.4 Power Consumption – 2W 
Aviator Cinema for Exemption Section 333 FAA

APPENDIX-B

DJI Phantom 2 Vision+ Manufacturer's User Manual

(uploaded in a separate attachment, a 72-page document)
Coastal Luxury Films Petition for Exemption Section 333 FAA ! 38

APPENDIX – C

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

AIRCRAFT

Weight (Including Battery And Propellers) 1280 g 

Diagonal Size (Including Propellers) 590 mm 

Max Ascent Speed 5 m/s 

Max Descent Speed 3 m/s 

Hover Accuracy

• Vertical: +/- 10cm

• Horizontal: +/- 1m

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

Max Altitude Above Sea Level 6000 m

Operating Temperature 0°C to 40°C

Gps Mode GPS/GLONASS

GIMBAL

Controllable Range Pitch -90° to +30° 

Stabilization 3-axis (pitch, roll, yaw)
Coastal Luxury Films Petition for Exemption Section 333 FAA ! 39

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed) 

Video Output Port USB

Operating Temperature 0°C- 40°C

Battery 6000 mAh LiPo 2S 

Mobile Device Holder For tablet or phone 

Receiver Sensitivity (1%Per) -101 dBm ±2 dBm

Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Working Voltage 1.2 A @7.4 V

BATTERY CHARGER

Voltage 17.4 V 

Rated Power Phantom 3 Professional 100 W
Coastal Luxury Films Petition for Exemption Section 333 FAA ! 40

INTELLIGENT FLIGHT BATTERY

Capacity 4480 mAh 

Voltage 15.2 V 

Battery Type LiPo 4S 

Energy 68 Wh 

Net Weight 365 g

Max Flight Time Approximately 23 minutes

Operating Temperature -10°C to 40°C

Max Charging Power 100 W
Aviator Cinema for Exemption Section 333 FAA ! 41

APPENDIX – D 

DJI Phantom 3 Professional Manufactur er’s User 

Manual

(uploaded in a separate attachment, a 58-page document)
Aviator Cinema for Petition for Exemption Section 333 FAA ! 42

APPENDIX – E

MONTHLY MAINTENANCE LOG 

month: year:

UAS

#

Date Issue

Discovered

Date Issue

Addressed

Issue Description & 

Maintenance Conducted

Maintenance 

Performed By: 

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration

Dampening

Other:

Darl

Hanna

Aviator Cinema 

3715 E Adobe Drive

Phoenix, Arizona 85050

Tel: 480-699-9606

Email:houzful@gmail.com