UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

DEBORAH A TRACY

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 June 21, 2015

DEBORAH A TRACY

1304 KINGSBURY COURT

CHESAPEAKE, VA 23322

(757) 650-5599
TABLE OF CONTENTS

Page

GLOSARY OF 

ABBREVIATIONS.........................................................................3 

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

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

BACKGROUND.............................................................................5 

BASIS FOR PETITION..................................................................6 

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM 

WHICH DEBORAH A TRACY SEEKS 

EXEMPTION.........................................................................7 

THE EXTENT OF RELIEF DEBORAH A TRACY SEEKS 

AND THE REASON DEBORAH A TRACY SEEKS THE 

RELIEF.................................................................................10 

THE REASONS WHY GRANTING DEBORAH A TRACY 

REQUEST WOULD BE IN THE PUBLIC INTEREST 

...............................................................................................13 

THE REASONS WHY GRANTING THE EXEMPTION 

WOULD NOT ADVERSELY AFFECT 

SAFETY..............................................................................15 

CONCLUSION..............................................................................21 
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) 

SO Safety Observer 
GLOSSARY OF ABBREVIATIONS - Continued

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

DJI UAV Manufacturer 

ESC Electronic speed control 

FPV First Person View 

LI-PO Lithium Polymer battery 

RCV Radio Controlled vehicle 
SUMMARY

DEBORAH A TRACY 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 DEBORAH A TRACY to operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography for real estate 

photography, and real estate fly-over video over certain areas of 

the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

My name is DEBORAH A TRACY, and I am a drone operator 

(pilot) with expertise and knowledge in all aspects of operating 

multiple types of UAS along with camera set up and operation. 

DEBORAH A TRACY also provides clients with the highest 

quality digital content for use in their commercial real estate

listings. DEBORAH A TRACY has 1 years of radio controlled 

helicopter experience. 

The objective of DEBORAH A TRACY’ aerial video and 

photography operations is to provide high quality imaging for a 

variety of commercial, and residential uses. DEBORAH A 

TRACY will also provide knowledge of UAS and promote safe 

UAS operations. 
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS 

DEBORAH A TRACY seeks an exemption to operate DJI systems 

for compensation or hire within the NAS. The DJI PHANTOM 2 

are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) 

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

smart phone systems. The DJI Phantom 2 has a maximum gross 

weight of approximately 2 pounds 14 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 is 

equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 2 UAS will be operated by DEBORAH A 

TRACY 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 Markings. 
BASIS FOR PETITION

Petitioner, DEBORAH A TRACY, 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, 

DEBORAH A TRACY 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, DEBORAH A TRACY 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. 

DEBORAH A TRACY submits that the requested relief is proper 

since an equivalent level of safety will be ensured. DEBORAH A 

TRACY will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the 

operating documents (i.e., and DJI PHANTOM 2 Instruction 

Manual). Furthermore, DEBORAH A TRACY 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 DEBORAH A TRACY to the extent necessary to 
allow a Pilot in Command (PIC) who has demonstrated, by 

meeting minimum flight-hour 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. 

DEBORAH A TRACY 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, DEBORAH A TRACY 

submits that he will ensure that the DJI PHANTOM 2 UAS are in 

an airworthy condition, prior to every flight, by determining that 

the UAS are in compliance with the operating documents (i.e, and 

DJI PHANTOM 2 Instruction Manuals), and that the aircraft are in 

a condition for safe flight. 

DEBORAH A TRACY 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 UA to the GCS for active monitoring of 

the flight path. This altitude information, combined with 

DEBORAH A TRACY’S operation of the DJI Phantom UAS 

within visual line of sight, at or below 500 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. 

Additionally, DEBORAH A TRACY seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for 

flight in VFR conditions. DEBORAH A TRACY 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 15.5 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, DEBORAH A TRACY 

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: 

DEBORAH A TRACY 

1304 Kingsbury Court

Chesapeake, VA 23322

(757) 650-5599

Email: deborah.tracy@cox.net

B. The Specific Sections of 14 C.F.R. From Which DEBORAH 

A TRACY Seeks Exemption. 

1. DEBORAH A TRACY Seeks Exemption from the 

Requirements of Section 61.113(a) And (b). 

(a) Section 61.113, entitled Private pilot privileges and limitations: 

Pilot in command, subsections (a) and (b) prescribe the following, 

in relevant part: (i) 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. (ii) A private pilot may, for 

compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if—

a. The flight is only incidental to that business or employment; 
b. The aircraft does not carry passengers or property for 

compensation or hire. 

2. DEBORAH A TRACY Seeks Exemption from The 

Requirements Of Section 91.7(a). 

(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. DEBORAH A TRACY Seeks Exemption from The 

Requirements Of Section 91.121. 

(a) Section 91.121, entitled Altimeter settings, subsection (a), 

states the following, in part: 

(i) 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 UAs Below 

18,000 feet MSL, to: 

a. The current reported altimeter setting of a station along the route 

and within 100 nautical miles of the aircraft; 

b. If there is no station within the area of this section, the current 

reported altimeter setting of an appropriate available station; or 

c. In the case of an aircraft not equipped with a radio, the elevation 

of the departure airport or an appropriate altimeter setting available 

before departure. 

4. DEBORAH A TRACY Seeks Exemption from The 

Requirements Of Section 91.151(b). 

(a) 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. DEBORAH A TRACY Seeks Exemption from The 

Requirement Of Section 91.405(a). 

(a) Section 91.405, entitled Maintenance required, subsection (a), 

states the following: Each owner or operator of an aircraft—

(i) Shall have that aircraft inspected as required and shall between 

required inspections have discrepancies repaired as required. 

6. DEBORAH A TRACY Seeks Exemption from The 

Requirements Of Section 91.407(a)(1) 

(a) Section 91.407, entitled Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, subsection (a)(1), 

states the following: 

(i) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration 

unless--

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

under § 43.7 of this chapter [.] 

7. DEBORAH A TRACY Seeks Exemption from The 

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

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

following: (i) 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 -- a. 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 

b. An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

8. DEBORAH A TRACY Seeks Exemption from the 

Requirements of Sections 91.417(a) and 91.417(b). 

(a.) Section 91.417, entitled Maintenance records, subsections (a) 

and (b), state the following: 

(i) 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: 

a. 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--

1. A description (or reference to data acceptable to 

the Administrator) of the work performed; and

2. The date of completion of the work performed; 

and

3. The signature, and certificate number of the 

person approving the aircraft for return to service. 

b. Records containing the following information: 

1. The total time in service of the airframe, each 

engine, each propeller, and each rotor. 

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

3. The time since last overhaul of all items 

installed on the aircraft which are required to be 

overhauled on a specified time basis.

4. 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. 

5. 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. 

6. 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. 

c. The owner or operator shall retain the following 

records for the periods prescribed: 

1. The records specified in paragraph (a) 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) 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. 

C. The Extent Of Relief DEBORAH A TRACY Seeks And The 

Reason DEBORAH A TRACY Seeks The Relief. 

1. Extent of Relief DEBORAH A TRACY Seeks and the 

Reason DEBORAH A TRACY Seeks Relief From Section 

61.113(a) And (b). 

(a) 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 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: 

d. The flight is only incidental to that business or 

employment; and 

e. The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, DEBORAH A TRACY submits that 

an equivalent level of safety will be maintained because no PIC 

will be allowed to operate the DJI Phantom 2 UAS, DJI Phantom 2 

UAS 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 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, DEBORAH A TRACY 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 DEBORAH A TRACY'S business; and 

2. Will not carry passengers or property for compensation or 

hire. 

2. Extent Of Relief DEBORAH A TRACY Seeks And The 

Reason DEBORAH A TRACY Seeks Relief From Section 

91.7(a). 

3. 

(a) Relief from Section 91.7(a) entitled Civil aircraft airworthiness, 

is requested to the extent required to allow DEBORAH A TRACY 

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., DJI PHANTOM 2 

Instruction Manual). DEBORAH A TRACY 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, DEBORAH A TRACY 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. 

3. Extent Of Relief DEBORAH A TRACY Seeks And The 

Reason DEBORAH A TRACY Seeks Relief from Section 

91.121. 

(a) 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 

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), DEBORAH A TRACY 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 UA on the heads-up display of the GCS. 

4. Extent Of Relief DEBORAH A TRACY Seeks And The 

Reason DEBORAH A TRACY Seeks Relief From Section 

91.151(b). 

(a) 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 15.5 minutes to the first point 

of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes. ABBA BOLSHAKOVA 

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 DEBORAH A TRACY proposes to conduct pursuant to 

this Petition. Significantly, as set forth below, the technical 

specifications of the DJI PHANTOM 2 UAS, the DJI 

PHANTOM 2 operating documents, and DEBORAH A 

TRACY’S proposed operating limitations, ensure that 

DEBORAH A TRACY 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. 

5. Extent Of Relief DEBORAH A TRACY Seeks And The 

Reason DEBORAH A TRACY Seeks Relief From Sections 

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

(b). 

(a) 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, DEBORAH A TRACY requests 

relief from these Sections because the DJI PHANTOM 2 

UAS do not require airworthiness certificates. As set forth 

more fully below, the DJI PHANTOM 2 UAS meet the 

conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, DEBORAH A 

TRACY 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., DEBORAH A TRACY Aerial 

Operations Manual, Monthly Maintenance Log, and DJI 

PHANTOM 2 Instruction Manual). Furthermore, DEBORAH 
A TRACY will document and maintain all maintenance 

records for the DJI PHANTOM 2 UAS. 

D. The Reasons Why Granting DEBORAH A TRACY 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 DEBORAH A TRACY to safely, efficiently, and 

economically perform aerial video and photography of real 

estate properties over certain areas of the United States. 

Additionally, use of the DJI PHANTOM 2 UAS will 

decrease congestion of the NAS, reduce pollution, crashes 

and accidents caused by pilot error and provide significant 

benefits to the economy. Notably, the benefits of DEBORAH 

A TRACY’S proposed operation of the DJI PHANTOM 2 

UAS will be realized without implicating any privacy issues. 

1. 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 

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 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. 

2. 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 UAs, 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 pounds 14 ounces at its maximum gross weight

with a length of 16 inches, and a width of 16 inches, and with no 

fuel on board), has less physical potential for collateral damage to 

life and property on the ground, and in the air, compared to the 

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). 
4. 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 UAS 

are 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 

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 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. 

5. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, DEBORAH A TRACY’S 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., 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. 

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 DEBORAH A TRACY Seeks 

Exemption. 

1. Reasons Why The DJI PHANTOM 2 UAs Meet The 

Conditions Of The FAA Modernization and Reform Act of 

2012 (FMRA) Section 333. 

(a) In consideration of the size, weight, speed, and limited 

operating area associated with the unmanned aircraft and its 

operation, DEBORAH A TRACY’S operation of the DJI 

PHANTOM 2 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. Specifically, FMRA Section 333 states the 

following, in part: 

(i) 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. 

(ii) Assessment of Unmanned Aircraft Systems.--In making 

the determination under subsection (a), the Secretary shall 

determine, at a minimum—

(a) which types of unmanned aircraft systems (UAS), 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). 

(b) 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, DEBORAH A TRACY submits that the 

DJI Phantom 2 and, 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. 

a. The Specifications Of The DJI PHANTOM 2 UAS 

Demonstrate Its Safe Characteristics. 

The DJI PHANTOM 2 UAS do not create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security 
considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI PHANTOM 2 UAS. 

The technical specifications of the DJI Phantom 2 UAS are set 

forth by the DJI Phantom Specifications and Data Sheets, attached. 

ii. 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 25-35 of the DJI Phantom 2, pages 11-12 of the 

DJI Phantom 2 User Manuals. 

iii. The DJI Phantom 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 do not reacquire control link 

data from the GCS, the UAs will assume that the Control Link is 

lost and the UAs will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and 

shutdown. A complete description of the Failsafe Functions of the 

DJI Phantom 2 UAS are set forth at page 13 of the DJI Phantom 2

User Manuals. 

iv. 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- 43 of the DJI Phantom 2 User Manuals. 

b. Flight Operations Of DJI Phantom 2 UAS Are Limited To 
The Line Of Sight Of A Certificated Pilot in Command With A 

Safety Observer. 

DEBORAH A TRACY will only utilize pilots who comply with 

the FAA requirements the 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. 

c. Flights Of DJI PHANTOM 2 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations. 

In seeking this exemption, DEBORAH A TRACY proposes to 

commercially operate DJI PHANTOM 2 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, rotorcraft UAS weighing less than 55 pounds 

maximum gross weight: DJI PHANTOM 2 Unmanned 

Aircraft Systems. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to 

conducting operations for the purpose of aerial video and 

photography. 

3. The UAs may not be flown at an indicated airspeed 

exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 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. 
5. The UAs must be operated within visual line of sight (VLOS) 

of the PIC at all times. This requires the PIC to be able to use 

human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical 

certificate. 

6. The use of first person view (FPV) by the PIC or safety 

observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO 

may be used to satisfy the VLOS requirement as long as the 

PIC always maintains VLOS capability. The SO and PIC 

must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the 

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

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting 

the PIC with seeing and avoiding other air traffic and other 

ground based obstacles/obstructions and is not permitted to 

operate the camera or other instruments. 

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 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 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 

18. 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 pre- determined location within the planned 

operating area and land or be recovered in accordance with 

the operating documents. 

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

29. The UA must remain clear and yield the right of way to all

manned aviation operations and activities at all times. 

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

device or vehicle. 31. 

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 controlledaccess 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. 

2. Reasons Why an Exemption From The Requirements Of 

Section 61.113(a) and (b) Would Not Adversely Affect Safety. 

DEBORAH A TRACY 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 DEBORAH A TRACY’S proposed area of 

operations, the operating limitations set forth-above, and the 

airmanship skills necessary to safely operate the DJI Phantom 2

UAS, DEBORAH A TRACY submits that the additional manned 

airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for CHARLES R 

TRACY’ 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. 

DEBORAH A TRACY 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 (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). 

CONCLUSION 
DEBORAH A TRACY 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 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 DEBORAH A TRACY 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, DEBORAH A TRACY 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 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: August 10, 2015

Submitted by DEBORAH A TRACY