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UNITED STATES OF AMERICA DEPARTMENT OF 

TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Brian Austin Photography

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on July 31, 2015

Brian Austin Photography 

Brian Austin 

302 Cobia Dr. Apt 11307

Katy TX, 77494

281-961-6324

briancaustin@gmail.com
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS, page 3

SUMMARY, page 4

INTRODUCTION AND INTERESTS OF PETITIONER, page 4

BACKGROUND, page 4

BASIS FOR PETITION, page 5

NAME AND ADDRESS OF PETITIONER, page 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRIAN AUSTIN 

PHOTOGRAPHY SEEKS EXEMPTION, pages 6-10

THE EXTENT OF RELIEF BRIAN AUSTIN PHOTOGRAPHY SEEKS AND THE REASON 

BRIAN AUSTIN PHOTOGRAPHY SEEKS THE RELIEF, pages 10-12

THE REASONS WHY GRANTING BRIAN AUSTIN PHOTOGRAPHY’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST, pages 12-14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY, pages14-26

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, page 26

CONCLUSION, page 27

EXHIBITS, Pages 28-34
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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

FPV First Person View

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
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SUMMARY

Brian Austin Photography 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 Brian Austin Photography to operate an Unmanned Aircraft System (UAS) for 

the commercial purpose of conducting aerial video and photography of 

construction sites, real estate, Non- Profit and other community special events, The 

Greater Houston and the surrounding areas.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Brian Austin Photography provides its commercial clients with affordable 

highest quality digital content for use in their commercial, personal, and other 

photography related projects. Brian Austin Photography also provides the 

community and Non-Profit organization our services for no charge as a way of 

giving back to the community. Brian Austin Photography is a seasoned leader in 

unmanned aerial videography with over 2 years recreational/hobby experience in 

all aspects of small UAV’s. The objective of Brian Austin Photography’s aerial video 

and photography operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting:

• Aerial Real Estate Video and Photography

• Aerial Event Video and Photography

• Free Services to Non-Profit and Community Organizations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Brian Austin Photography seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and 

landing (VTOL) Unmanned Aircraft System (UAS) with a Ground Control Station 

(GCS) utilizing a 4 channel diversity monitor and FPV hardware. The DJI Phantom 2 

has a maximum gross weight of approximately 2.2 pounds, while having a length of 
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14 inches width of 14 inches, height of 6 inches, and a maximum speed of 

approximately 29 knots. The DJI Phantom 2 UAS is equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 UAS that will be operated by Brian Austin Photography 

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, Brian Austin Photography, 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 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 speed, weight, size, and limited operating area 

associated with the unmanned aircraft and its operation, Brian Austin Photography 

operation of DJI Phantom 2 UAS 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, Brian Austin Photography 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.

Brian Austin Photography submits that the requested relief is proper since 

an equivalent level of safety will always be ensured (see Exhibit B). Brian Austin 

Photography will use licensed technicians or the manufacturers’ service centers to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

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

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

Brian Austin Photography will document and maintain all maintenance records for 

the DJI Phantom 2 UAS.

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

pilot privileges and limitations: Pilot in command, is requested by Brian Austin 

Photography to the extent necessary to allow a Pilot in Command (PIC) holding a 

private pilot or higher level certificate, as well as an airman medical certificate, and 

who has demonstrated, by meeting minimum flight- hour and currency 

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

manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures.
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Brian Austin Photography seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 2 UAS do not require an 

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

Brian Austin Photography submits that it will ensure that the DJI Phantom 2 UAS are 

in an airworthy condition, prior to every flight, by determining that the UASs are in 

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

Phantom 2 Instruction Manual), and that the aircraft are in a condition for safe flight.

Brian Austin Photography also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 UAS will not have a 

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

Phantom 2 UAS will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from 

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

combined with Brian Austin Photography’s operation of the DJI Phantom 2 UAS 

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

equivalent to Section 91.121 and our additional safety requirements as outlined in 

Exhibit B.

Additionally, Brian Austin Photography seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. Brian Austin Photography submits that safety will not be affected by 

operation of the DJI Phantom 2 UAS during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly 

for a total duration of approximately 13.5 minutes to the first point of intended 

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

minutes.

In accordance with 14 C.F.R. § 11.81, Brian Austin Photography provides the 

following information in support of its petition for exemption:

• Name and Address of the Petitioner.

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

Brian Austin Photography 

Brian Austin 

302 Cobia Dr. Apt 11307

Katy, TX 77494

Email: briancaustin@gmail.com

• The Specific Sections of 14 C.F.R. From Which Brian Austin Photography 

Seeks Exemption.

• Brian Austin Photography 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:
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• No person who holds a private pilot certificate may act as a pilot in command (PIC) 

of an aircraft that is carrying passengers or property for compensation or hire; 

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

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

connection with any business or employment if—

• The flight is only incidental to that business or employment; and

• The aircraft does not carry passengers or property for compensation or 

hire.

• Brian Austin Photography 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.

• Brian Austin Photography Exemption From The Requirements Of 

Section 91.121.

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

part:

• Each person operating an aircraft shall maintain the cruising altitude or flight level 

of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

• Below 18,000 feet MSL, to--

• The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

• 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

• the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available 

before departure.

• Brian Austin Photography Exemption From The Requirements Of 

Section 91.151(b).
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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.

• Brian Austin Photography 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[.]

• Brian Austin Photography 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:

• No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

• It has been approved for return to service by a person authorized under 

§43.7 of this chapter[.]

• Brian Austin Photography Seeks Exemption From The Requirements Of 

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

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

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

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

• An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of 

this chapter; or

• An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

• Brian Austin Photography Exemption From The Requirements Of 

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

following:

• Except for work performed in accordance with §§ 91.411 and 91.413, each 

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

specified in paragraph (b) of this section:

• Records of the maintenance, preventive maintenance, and alteration and 

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

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include--

• A description (or reference to data acceptable to the Administrator) 

of the work performed; and

• The date of completion of the work performed; and

• The signature, and certificate number of the person approving the 

aircraft for return to service.

• Records containing the following information:

• The total time in service of the airframe, each engine, each propeller, 

and each rotor.

• The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

• The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

• The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

• The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, 

the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date 

when the next action is required.

• Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances.
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• The owner or operator shall retain the following records for the periods 

prescribed:

• The records specified in paragraph (a)(1) of this section shall be retained 

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

after the work is performed.

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

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

• A list of defects furnished to a registered owner or operator under § 43.11 of 

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

aircraft is approved for return to service.

• The Extent Of Relief Brian Austin Photography Seeks And The Reason Brian 

Austin Photography Seeks The Relief.

• Extent Of Relief Brian Austin Photography Seeks And The Reason 

Brian Austin Photography Seeks Relief From Section 61.113(a) And 

(b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC 

holding a private pilot or higher level certificate, as well as a current and valid 

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

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

hire.

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

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

in connection with any business or employment if: (1) The flight is only incidental to 

that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire.

As set forth more fully below, Brian Austin Photography submits that an 

equivalent level of safety will be maintained because no PIC will be allowed to 

operate the DJI Phantom 2 other than the person listed as Brian Austin, who has 2

years’ experience in all aspects of small UAVs. In addition all flights must full under 

the safety guidelines of Exhibit C, which will be updated as new FAA guidelines 

take place.

Further, Brian Austin Photography submits that all flights of the DJI Phantom 2 

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

incidental to Brian Austin business; and (2) will not carry passengers, packages or 

property for compensation or hire.

• Extent Of Relief Brian Austin Photography Seeks And The Brian Austin 

Photography Seeks Relief From Section 91.7(a).
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Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to 

the extent required to allow Brian Austin Photography to determine that the DJI 

Phantom 2 UAS are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the Brian Austin 

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2 Instruction Manual).

Brian Austin Photography seeks the requested relief because the DJI 

Phantom 2 UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Brian Austin Photography will ensure that the 

DJI Phantom 2 UAS are in airworthy condition based upon its compliance with the 

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

Manual) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and limitations below.

• Extent Of Relief Brian Austin Photography Seeks And The Reason Brian 

Austin Photography 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 UAS, which utilize a barometric 

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

to downlink altitude information from the UAS 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), 

Brian Austin Photography seeks the requested relief because the DJI Phantom 2 

UA’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 

CFR 91.121 is sought to the extent necessary to comply with the applicable 

conditions and limitations stated below. As more fully set forth herein, an equivalent 

level of safety will be maintained since the DJI Phantom 2 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 UAS on the heads-up display of the GCS.

• Extent of Relief Brian Austin Photography Seeks and the Brian Austin 

Photography 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 UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes 

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

after that for at least 4.5 minutes. Brian Austin Photography seeks the requested 

relief because without an exemption from Section 91.151(b), the flight time duration 

of the battery powered DJI Phantom 2 UAS will severely constrain the practicality of 

any aerial video or still photo flight operations that Brian Austin Photography 

proposes to conduct pursuant to this Petition.
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Significantly, as set forth below, the technical specifications of the DJI 

Phantom 2 UAS, the DJI Phantom 2 operating documents, and Brian Austin 

Photography’s proposed operating limitations, ensure that Brian Austin 

Photography will safely operate the battery powered DJI Phantom 2 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.

• Extent Of Relief Brian Austin Photography Seeks And The Reason Brian 

Austin Photography 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, Brian Austin Photography 

requests relief from these Sections because the DJI Phantom 2 UAS does not require 

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

meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Brian Austin Photography will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the UAS operating documents 

(i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Instruction Manual). Furthermore, Brian Austin Photography will document and 

maintain all maintenance records for the DJI Phantom 2 UAS.

• The Reasons Why Granting Brian Austin Photography 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 Brian 

Austin Photography to safely, efficiently, and economically perform aerial video 

and photography for Non-Profit and Community Organizations, as well as, 

pursue revenue for a Small Business in the USA as we provide commercial 

services for Homes and Land for sale, Places of Lodging, and other commercial 

properties seeking the described services for marketing purposes over certain 

areas in The Greater Houston and surrounding area.

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the 

NAS and reduce pollution, since past aerial photography required large manned 

aircraft for extended periods of time. Notably, the benefits of Brian Austin 

Photography’s proposed operation of the DJI Phantom 2 UAS will be realized without 

implicating any privacy issues.

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

The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain 

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

aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would 
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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 (as 

outlined in Exhibit B).

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 UAS do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions 

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

ground, takeoff, departure, arrival, and landing phases of flight operations.

• The Public Will Benefit From The Safety And Efficiency Of The DJI 

Phantom 2 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 UAS, 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 UAS 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 

UA, 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 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 2 UAS (weighing approximately 2.2 pounds, 

while having a length of 14 inches width of 14 inches, height of 6 inches), has less 

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

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

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a 

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

• Performing Aerial Video and Photography Operations with the DJI 

Phantom 2 UAS Will Benefit Non-Profit and Community 

Organizations.

As stated earlier in this petition, Brian Austin Photography provides free 

services to Non- Profit and Community Organization that normally could not afford 

to have their event or site professionally photographed. There in The Greater 

Houston and surrounding area benefits.
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• Performing Aerial Video and Photography Operations with The

DJI Phantom 2 UAS Will Benefit The Economy.

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

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 UAS will allow United States 

based companies, like Brian Austin Photography, 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 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 2 UAS, companies such as Brian Austin 

Photography, can remain competitive and profitable, and therefore, provide 

greater job stability to employees and contractors, which will ultimately contribute 

to growth of the

U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Phantom 2 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.

• There Are No Privacy Issues.

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

for decades, Brian Austin Photography proposed operation of the DJI Phantom 2 

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

be operated only in compliance with operating documents (i.e., the Brian Austin 

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

2 Instruction Manual) which requires property owner involvement as well as local 

law enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

• The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which Brian Austin 

Photography Seeks Exemption.

• Reasons Why The DJI Phantom 2 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, Brian Austin Photography 

operation of the DJI Phantom 2 UAS meet the conditions of FMRA Section 333, and 
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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:

• In General.--Notwithstanding any other requirement of this subtitle, and not later 

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

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act.

• Assessment of Unmanned Aircraft Systems.--In making the determination under 

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

• which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and 

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

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

threat to national security; and

• whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is 

required for the operation of unmanned aircraft systems identified under 

paragraph (1).

• Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.

In seeking this exemption, Brian Austin Photography submits that the DJI 

Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 UAS; (b) the pilot 

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

• The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 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.
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• Technical Specifications of the DJI Phantom 2 UAS.

The technical specifications of the DJI Phantom 2 UAS is set forth by the DJI 

Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit C.

• The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 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 UAS is provided at pages 25-32 of the DJI Phantom 2 

User Manual, attached hereto as Exhibit C.

• The DJI Phantom 2 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 UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS 

does not reacquire control link data from the GCS, the UAS will assume that the 

Control Link is lost and the UAS will return to the home position (i.e., failsafe mode) 

via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are 

set forth at pages 27 through 28 of the DJI Phantom 2 User Manual, attached hereto 

as Exhibit C.

• The DJI Phantom 2 GCS and Its Operation.

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

2 GCS and flight control software is provided at pages 32 through 43 of the DJI 

Phantom 2 User Manual. DJI Phantom 2 User Manual is attached hereto as Exhibit C.

• Flight Operations of DJI Phantom 2 UAS Are Limited to the Line Of Sight of a

Certificated Pilot in Command with a Safety Observer.

Brian Austin Photography 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 UAS. Additionally, a safety observer will assist all pilots during 

flight time. And the guidelines exhibited in B, will be followed at all-times ensuring 

the safety of all involved.

• Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

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

UAS for the special purpose of conducting aerial video and photography over The 

Greater Houston and surrounding areas, pursuant to the following specific 

operating limitations:
17 | Page

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

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

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

or a petition to amend this grant.

• UAS operations under this exemption will be limited to conducting operations for 

the purpose of aerial video and photography.

• The UAs may not be flown at an indicated airspeed exceeding 20 knots.

• The UAS must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

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

altitudes reported to ATC must be in feet AGL.

• 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.

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

permitted.

• 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.

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

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

and is not permitted to operate the camera or other instruments.

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

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

discrepancy exists between the conditions and limitations contained in the 

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

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update 

or revise its operating documents. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the 
18 | Page

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.

• 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.

• Any UAS that has undergone maintenance or alterations that affect the UAS 

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

component, must undergo a functional test flight. The PIC who conducts the 

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

• 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.

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

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

• 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.

• Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

• The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

• The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.
19 | Page

• The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate 

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

exemption, including evasive and emergency maneuvers and maintaining 

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

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

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

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

may only be conducted during dedicated training sessions. During training, 

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

flight operations are considered nonparticipants, and the PIC must operate 

the UAS with appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119.

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

• 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.

• The UAS 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.

• The UAS 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.

• If the UAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

• The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operating documents.

• 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 UAS with 25% battery power 

remaining.

• The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 
20 | Page

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.

• 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.

• Before conducting operations, the radio frequency spectrum used for operation 

and control of the UAS must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

• 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.

• Brian Austin Photography abides and enforces the safety checklist to as exhibited 

in section B to ensure that we provide safety for everyone in and near to the 

site.

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

operations and activities at all times.

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

• Flight operations must be conducted at least 400 feet from all nonparticipating 

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

persons), vessels, vehicles, and structures unless:

• Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS 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;

• 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;
21 | Page

• Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

• 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.

• 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

• Reasons Why An Exemption From The Requirements Of Section 61.113(a) And 

(b) Would Not Adversely Affect Safety.

Brian Austin Photography 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 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 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering Brian Austin Photography 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 UAS, Brian Austin Photography submits that the additional 

manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Brian Austin Photography 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, 1110,

11112,11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Brian Austin Photography will not allow any PIC to operate the DJI Phantom 2 

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

requirements or the DJI Phantom 2 UAS training and currency requirements, that 

the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner 

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 
22 | Page

(with a minimum of 5 hours of those hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption). In addition to the 

hour requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure 

an equivalent level of safety during Brian Austin Photography proposed operations. 

The Administrator has held that prior documented flight experience that was 

obtained in compliance with applicable regulations would ensure safe operations, 

stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations 

for the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multi-rotor UAS. Prior to operations under Exemption No.11062, the PIC must 

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

the same make and model of UAS to be used for operations under the exemption. 

For clarification, the FAA considers these minimum hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be included in 

the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 

hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in 

Exemption No. 11062 are appropriate to practice and build proficiency in the skills 

necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and is required to 

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

Exemption No. 11138 at page 15.

Accordingly, Brian Austin Photography will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 2 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 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

• Reasons Why an Exemption from the Requirements of Section 91.7(a) Would 

Not Adversely Affect Safety.

Brian Austin Photography requires a tight set of rules that follow best 

practices and FAA requirements and guidelines (Exhibit D).
23 | Page

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

maintained because prior to every flight, plus Brian Austin Photography also 

requires the safety checklist in Exhibit B that ensures that the DJI Phantom 2 UAS is 

in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) 

specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

• Reasons Why an Exemption from the Requirements of Section 91.121 Would 

Not Adversely Affect Safety.

As outlined in Exhibit B, Brian Austin Photography fly’s only under a very set 

rules. We believe these rules include and go beyond current FAA guidelines. 

Therefore, the equivalent level of safety established by Section 91.121 will be 

maintained because the altitude information of the DJI Phantom 2 UAS will be 

provided to the PIC via GPS equipment and a radio communications telemetry data 

link, which downlinks from the UAS to the GCS for active monitoring of the flight 

path and altitude. This altitude information, combined with Brian Austin 

Photography’s operation of the DJI Phantom 2 UAS within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

altitude information will be generated by GPS equipment installed onboard the 

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

established by the UASs at ground level.

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

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

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

11136, 11138,

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

• 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 UAs; (2) the limitations on the proposed flight 

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

Brian Austin Photography will ensure that it will safely operate the battery powered 

DJI Phantom 2 UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 13.5 minutes to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

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

Phantom 2 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 
24 | Page

2 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 2 UAS will descend and 

land automatically.

Significantly, previous exemptions granted by the FAA concerning 

Section91.151 establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. Relief has been 

granted for manned aircraft to operate at less than the minimums prescribed in 

Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA 

has previously granted relief from Section 91.151 specific to UAS, in circumstances 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Brian Austin Photography 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 Brian Austin Photography 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., the Brian Austin Photography Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Instruction Manual).

Furthermore, Brian Austin Photography will document and maintain all maintenance 

records for the DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the 

operating documents, Brian Austin Photography will maintain the equivalent level 

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

of the DJI Phantom 2 User Manuals are attached hereto as Exhibit C; a copy of the 

DJI Phantom 2 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Brian 

Austin Photography 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 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 
25 | Page

safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered.

In consideration of Brian Austin Photography proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 2 UAS, Brian 

Austin Photography submits that safety will not be adversely affected by granting 

exemption from 14 and (a)(2), 91.409(a)(2), and 91.417(a) and (b). C.F.R. Sections 

91.405(a), 91.407(a)(1) a.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).

In additional Brian Austin Photography fly only under a tight set of rules which can 

be found in Exhibit B, which ensure the safest operation under any foreseen 

circumstance.

• 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, Brian Austin 

Photography requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 2 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 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 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 
26 | Page

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

regulations. See 14 C.F.R. § 21.16.

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

FAA may prescribe special conditions for Leading Edge’s intended operation of the 

DJI Phantom 2 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).

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

Rules From Which Brian Austin Photography Seeks Exemption:

Brian Austin Photography 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 Brian Austin Photography 

Seeks:

This exemption will permit Brian Austin Photography to commercially operate an 

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Brian 

Austin Photography 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, Brian Austin 

Photography 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, Brian Austin Photography will operate the DJI 

Phantom 2 UASs safely in the NAS, without creating a hazard to users of the NAS, or 

the public, or otherwise pose a threat to national security.
27 | Page

CONCLUSION

As set forth herein, Brian Austin Photography 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 UAS commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial 

video and photography over The Greater Houston and surrounding area. 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 Brian Austin Photography to safely, efficiently, 

and economically operate the DJI Phantom 2 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of 2012, Section 333, Brian Austin Photography 

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)(l),

91.409(a)(l ) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the 

DJI Phantom 2 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: July 31, 2015

Respectfully submitted, Brian Austin Photography 

Brian Austin 

302 Cobia Dr. Apt 11307

Katy, TX 77494

Email: briancaustin@gmail.com
28 | Page

Exhibits:

1. Exhibit_A_Brian Austin Photography Petition_Exemption/Rule-making pdf

2. Exhibit_B_sUAS_Safety_Program_web.pdf

3. Exhibit_C_PHANTOM2_User_Manual_V1.4_en.pdf

4. Exhibit_D_Phantom_2_Vision_Pilot_Traning_Guide_en.pdf

5. Exhibit_E_PHANTOM2_Quick_Start_Guide_en.pdf

6. Exhibit_F_Smart_Flight_Battery_Safety_Guidelines.pdf

7. Exhibit_G_Monthly_Maintenance_Log.xlsx
29 | Page

EXHIBIT – B

sUAS Safety Program

See Separate document attached to the Docket

Exhibit_B_sUAS_Safety_Program_web.pdf
30 | Page

EXHIBIT – C

Phantom 2 User Manual

See Separate document attached to the Docket

Exhibit_C_PHANTOM2_User_Manual_V1.4_en.pdf
31 | Page

EXHIBIT – D

Phantom 2 Vision Pilot Training Guide

See Separate document attached to the Docket

Exhibit_D_Phantom_2_Vision_Pilot_Traning_Guide_en.pdf
32 | Page

EXHIBIT – E

Phantom 2 Quick Start Guide

See Separate document attached to the Docket

Exhibit_E_PHANTOM2_Quick_Start_Guide_en.pdf
33 | Page

EXHIBIT – F

Smart Flight Battery Safety Guidelines

See Separate document attached to the Docket

Exhibit_F_Smart_Flight_Battery_Safety_Guidelines.pdf
34 | Page

EXHIBIT – G

Monthly Maintenance Log

See Separate document attached to the Docket

Exhibit_G_Monthly_Maintenance_Log.xlsx