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U.S. Department of Transportation

Docket Management Systems

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request under Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 

September 12, 2015

Petitioner:

Innova Flight Training and Systems, LLC

Douglas M. Forest

1940 Airport Road

Great Falls, Montana 59404

Cell: 406-799-0507

Email:Dougf@InnovaFlight.com

Dear Sir or Madam:

INNOVA FLIGHT TRAINING AND SYSTEMS (IFTS) SEEKS AN EXEMPTION 

SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 

91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 

91.417(a) & (b) 

CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 VISION+ DJI PHANTOM 3 +DJI Inspire +

DJI S900 and DJI 1000. PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT 

OF 2012 (PUBLIC LAW 112-95)

 
 

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TABLE OF CONTENTS

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

SUMMARY............................................................................................................3

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

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

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

NAME AND ADDRESS OF PETITIONER.............................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH INNOVA FLIGHT 

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

THE EXTENT OF RELIEF INNOVA FLIGHT SEEKS AND THE REASON 

INNOVA FLIGHT SEEKS THE RELIEF..........................................................11 

THE REASONS WHY GRANTING INNOVA FLIGHT REQUEST WOULD BE IN 

THE PUBLIC INTEREST..............................................................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.........................................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........28

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS CONCLUSION

.........................................................................................................28
 

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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 

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

Innova Flight, LCC seeks exemption from the requirements of 14 C.F.R § 61.113(a) & 

(b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), 

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

Innova Flight to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of Real Estate Properties as well as 

filming of special events, film sets, scripted and unscripted television sets and landscape, 

conducting power line inspection, aerial mapping, surveying and search and rescue over 

certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Innova Flight has a solid background with more than 100 years of experience in both 

Civilian and Military Aviation.

The principals of Innova Flight offers over 250 years of experience in aviation and is 

dedicated to continuing to build and create new economic development, new products 

and processes and opportunities for customer research and development. 

Innova Flight is based in New Hampshire/Montana and specializes in real estate 

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

television production, aerial mapping, power line inspection and search and rescue. 

Innova Flight’s objective is to conduct aerial photography and videography in order to 

provide high quality digital imaging and video content to its clients as well as filming of 

special events, film sets, scripted and unscripted television sets and landscape, conducting 

power line inspection, aerial mapping, surveying and search and rescue utilizing DJI 

UAS. More specifically, Innova Flight aerial video and photography operations will serve 

in the following areas: 

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

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

• Aerial event photography/cinematography/livestock/crop observation management 

• Aerial event filming 

• Aerial Film & Television production

• Aerial search and rescue and safety inspections 

• Increase public knowledge of UAS and promote safe UAS operations.

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

access in the NAS and with the knowledge and permission of the private property’s

owner.
 

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Unmanned Aircraft Systems: DJI Phantom 2 Vision+, Phantom 3 + DJI Inspire+ DJI 

S900/S1000 Professional UAS

Innova Flight seeks an exemption to operate DJI systems DRONES for

compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom

3+ DJI Inspire+ DJI S900/S1000 Professional are vertical takeoff and landing 

(VTOL) Unmanned Aircrafts (UAS) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional have a maximum gross 

weight:

Name, size, and weight of the aircraft.

Aircraft Dimensions Weight

DJI Phantom 2 14"x14"x7" 2.6 lbs

DJI Phantom 3 14"x14"x7" 2.8 lbs

DJI Inspire 17"x18"x12" 6.5 lbs

DJI S900 35"x35"x14" 18.1 lbs

DJI S1000 41"x41"x14" 24.3 lbs

 Size, weight and performance specification of the DJI Phantom 3 (“P3”) are 

substantially similar to those of the DJI Phantom 2 Vision+ (“P2”) in all relevant 

respects:

 Gross weight: P3=1280g; P2=1242g.

 Diagonal Size (including propellers): P3=590mm; P2=579mm.

 Maximum Ascent Speed: P3=5m/sec; P2=6m/sec.

 Maximum Descent Speed: P3=3m/sec; P2=2m/sec.

 Vertical Hover Accuracy: P3=+/-10cm; P2=+/-80cm.

 Horizontal Hover Accuracy: P3=+/-1m; P2=+/-2.5m.

 Maximum Speed: P3=16m/sec; P2=15m/sec.

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 will

be operated by Innova Flight (trained professional), will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R

Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.
 

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BASIS FOR PETITION

Petitioner, Innova Flight, pursuant to the provisions of the Federal Aviation

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

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems,

hereby petitions the Administrator to commercially operate the DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS in the

National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

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

unmanned aircraft and its operation, Innova Flight operations of DJI Phantom 2 Vision+,

DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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, Innova Flight 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. Innova Flight submits that the requested relief is proper 

since an equivalent level of safety will be ensured. Innova Flight will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive maintenance 

on the UAS’s using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom

3+ DJI Inspire+ DJI S900/S1000 Professional Instruction Manual). Furthermore, Innova 

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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS. 

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

privileges and limitations: Pilot In Command, is requested by Innova Flight to the extent 

necessary to allow a Pilot in Command (PIC) holding a Supplemental Pilot Certificate, 

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

that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional 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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Innova Flight seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Innova Flight submits that it will ensure that the DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS are 

in an airworthy condition, prior to every flight, by determining that the UAS’s are in 

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

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 

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

also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UA 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 Innova Flight’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 Professional UAS within visual line of sight, at or below 

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

Additionally, Innova Flight seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Innova Flight submits

that safety will not be affected by operation of the DJI Phantom 2 Vision+, DJI Phantom 

3+ DJI Inspire+ DJI S900/S1000 Professional UA 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, Innova Flight provides the following information 

in support of its petition for exemption: 
 

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A. Name and Address of the Petitioner. 

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

Innova Flight Training and Systems

Douglas M. Forest

1940 Airport Road

Great Falls, Montana 59404

Cell: 406-799-0507

Email: Dougf@InnovaFlight.com

B. The Specific Sections of 14 C.F.R. From Which Innova Flight Seeks Exemption. 

1. Innova Flight Seeks Exemption from the Requirements of Section 61.113(a) and (b). 

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

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

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

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as PIC of an aircraft.

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

connection with any business or employment if—

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

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

2. Innova Flight Seeks Exemption From The Requirements Of Section 91.7(a). Section 

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

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

3. Innova Flight Seeks Exemption From The Requirements Of Section 91.121. Section 

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

person operating an aircraft shall maintain the cruising altitude or flight level of that 

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

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

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

100 nautical miles of the aircraft; 

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

section, the current reported altimeter setting of an appropriate available station; or (iii) In 

the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure.
 

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4. Innova Flight Seeks Exemption from the Requirements of Section 91.151(b).Section 

91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

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

(considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 20 minutes.

5. Innova Flight Seeks Exemption from the Requirement of Section 91.405(a). Section 

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

or operator of an aircraft—

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

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

have discrepancies repaired as prescribed in part 43 of this chapter.

6. Innova Flight Seeks Exemption from the Requirements of Section 91.407(a)(1) Section 

91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

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

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

preventive maintenance, rebuilding, or alteration unless--

 (1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter.

7. Innova Flight Seeks Exemption from the Requirements of Sections 91.409(a)(1) and 

91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following: 

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

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

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

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

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

with part 21 of this chapter.

8. Innova Flight Seeks Exemption from the Requirements of Sections 91.417(a) and 

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

following: 

 
 

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

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

specified in paragraph (b) of this section: 

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

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

as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

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

the work performed; and 

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

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

aircraft for return to service. 

 (2) Records containing the following information: 

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

and each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

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

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

directive number and revision date. If the AD or safety directive involves a recurring 

action, the time and date when the next action is required.

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

major alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

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

prescribed: 

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

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

work is performed. 

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

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

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

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

approved for return to service. 

C. The Extent of Relief Innova Flight Seeks and the Reason Innova Flight Seeks the 

Relief. 

1. Extent of Relief Innova Flight Seeks and the Reason Innova Flight 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 to the extent necessary to allow a PIC 

holding a Supplemental Pilot Certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. This relief is requested since 

the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for 

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

employment if: (1) The flight is only 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, Innova Flight submits that an equivalent level of safety 

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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UA unless that PIC 

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

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

S900/S1000 Professional UAS in a manner consistent with the operations specifications 

as described in this exemption, including evasive and emergency maneuvers, as well as 

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

Innova Flight submits that all flights of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS, conducted by the PIC pursuant to the grant 

of this Petition: (1) will be incidental to Innova Flight business; and (2) will not carry 

passengers or property for compensation or hire.

Innova Flight believes that though UAS are not traditional aircrafts, a PIC operating the 

UA must have knowledge of FAR 14 CFR Airman Rules, basic airspace and comply with 

all the rules proposed by the FAA. Innova Flight PICs will operate the UAS no higher 

than 300 feet, consequently causing no danger do any other aircraft in the NAS. 

However, Innova Flight Proposes PIC Certification as a Supplemental pilot and a 

minimum requirement of successfully completed private pilot ground school. 
 

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Additionally, supplemental pilots without a current FAA private pilot certificate must 

have successfully passed the private pilot, commercial pilot, or airline transport pilot 

knowledge test within the past 24 calendar months.

2. Innova Flight seeks relief from Section 91.7(a). Relief from Section 91.7(a) entitled 

Civil aircraft airworthiness, is requested to the extent required to allow Innova Flight to 

determine that the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UAS are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., the Innova 

Flight Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional Instruction 

Manual). Innova Flight seeks the requested relief because the DJI Phantom 2 Vision+, 

DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS do not require an 

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

Innova Flight will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 UAS are in airworthy condition based upon its compliance with the 

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

Phantom 3+ DJI Inspire+ DJI S900/S1000 3 Professional 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 Innova Flight seeks and the reason Innova Flight seeks relief from 

Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required 

to allow flight operations of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional 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), Innova Flight seeks the requested 

relief because the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS are 

equipped with a barometric pressure sensor and GPS equipment, which automatically 
 

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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 Innova Flight seeks and the reason Innova Flight seeks relief From 

Section 91.151(b). Relief from Section 91.151(b) entitled fuel requirements for flight in 

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

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 

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. 

Innova Flight seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 UA will severely constrain the practicality of 

any aerial video or still photo flight operations that Innova Flight proposes to conduct 

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

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 

UAS operating documents, and Innova Flight proposed operating limitations, ensure that 

Innova Flight will safely operate the battery powered DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 Innova Flight Seeks and the Reason Innova Flight seeks Relief from

Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a n d 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, Innova Flight 

requests relief from these Sections because the DJI Phantom 2 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 Professional UAS do not require airworthiness certificates.

As set forth more fully below, The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS meet the conditions of FMRA Section 333

for operation without an airworthiness certificate. Accordingly, Innova Flight will use

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

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

documents (i.e., the Innova Flight Aerial Operations Manual, Monthly Maintenance
 

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Log, and DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional Instruction Manual). Furthermore, Innova Flight will document and

maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 UAS.

D. The Reasons Why Granting Innova Flight 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 Innova Flight 

too safely, efficiently, and economically perform aerial video and photography of

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

States. Additionally, use of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS will decrease congestion of the NAS,

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

benefits of Innova Flight’s proposed operation of The DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS will be realized without 

implicating any privacy issues.

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

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UA 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UA do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

conducting aerial video and photography missions would result in fewer aircraft that

must be handled by air traffic control during the ground, takeoff, departure, arrival, and

landing phases of flight operations.

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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS.
 

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Conducting aerial acquisitions with The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional 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 Vision+, DJI Phantom 

3+ DJI Inspire+ DJI S900/S1000 Professional 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional 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 

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 UAS (weighing approximately 2 pounds 11 ounces and

6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16

inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively,

and with no fuel on board), has less physical potential for collateral damage to life and

property on the ground, and in the air, compared to the manned aircraft that typically

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

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

3. Performing Aerial Video and Photography Operations with The DJI Phantom 2 

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS Will Benefit the

Economy.

In addition to being safe and efficient, The DJI Phantom 2 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 Professional is also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of The DJI 

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS

will allow United States based companies, like Innova Flight, to remain competitive and
 

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

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

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

alternative technology in order to remain competitive. Operating the battery powered

DJI Phantom 2 Vision+, Phantom 3 Professional 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UAS, companies such as Innova Flight, 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 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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.

4. There Are No Privacy Issues.

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

decades, Innova Flight proposed operation of The DJI Phantom 2 Vision+, DJI Phantom 

3+ DJI Inspire+ DJI S900/S1000 UAS will not implicate any privacy issues. Specifically,

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS will be operated only in compliance with operating documents (i.e., the Innova 

Flight Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, 

DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 Innova Flight Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UAS Meet The Conditions o f 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,
 

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Innova Flight operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional 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:

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

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

shall determine if certain unmanned aircraft systems may operate safely in the national

airspace system before completion of the plan and rule-making required by section 332 of

this Act or the guidance required by section 334 of this Act.

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

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

1. which types of unmanned aircraft systems, if any, as a result of their size, weight,

speed, operational capability, proximity to airports and populated areas, and operation within

visual line of sight do not create a hazard to users of the national airspace system or the public

or pose a threat to national security; and

2. whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the operation of

unmanned aircraft systems identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the national airspace

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

systems in the national airspace system. In seeking this exemption, Innova Flight submits

that The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

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

demonstrated by:

 (a) the characteristics of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

 Inspire+ DJI S900/S1000 Professional UAS;

 (b) the pilot certification requirement; and

 (c) the specific operating limitations.
 

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a. The Specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

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.

1. Technical Specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS. The technical specifications of The DJI 

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS are set forth by The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional Specifications and Data Sheet, attached hereto as

Exhibit A.

2. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UAS Autonomous Flight and Navigation Modes Enable the UAS to Remain

Within a Defined Operational Area. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS may be operated in both manual and fully

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

of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS is

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

Exhibit B & D (Phantom 3 User Manual will be available after May 15, 2015; however,

is very similar to DJI Phantom 2 Vision+ User Manual).

3. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UAS are designed for Automatic Return to Home Point or Hover In The event 

Of Loss of the Control Link or Navigation. When the Control Link is lost, the DJI Phantom

2 Vision+ UA will remains stationary, in flight, for 3 seconds or more. If, after 3 seconds,

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UA does not reacquire control link data from the GCS, the UA will assume

that the Control Link is lost and the UA will return to the home position (i.e., failsafe

mode) via GPS, and will descend to the takeoff position and shutdown. A complete

description of the Failsafe Functions of The DJI Phantom 2 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 Professional UAS are set forth at 27 through 29 of the DJI

Phantom 2 Vision+, (Phantom 3) Professional User Manual, attached hereto as B & D.

 
 

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4. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional GCS and Its Operation. A complete description of the operation and

specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 GCS and flight control software is provided at pages 32 through 43 of the

DJI Phantom 2 Vision+, (Phantom 3) Professional User Manual. DJI Phantom 2 Vision+

User Manual is attached hereto as Exhibit B & D.

b. Flight Operations Of DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UAS Are Limited To The Line Of Sight Of A Certificated

Pilot in Command With A Safety Observer.

Innova Flight will only utilize certificated pilots who possess a current and valid airman

medical certificate to act as a pilot in command (PIC) of The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS. Additionally, a safety

observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

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

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 UASs weighing less than 55

pounds maximum gross weight: DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional Unmanned Aircraft System. 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 to conduct operations for the purpose of 

real estate videography, photography, music video production, special event production 

and film, television production, aerial mapping, aerial video and photography power line 

inspection and search and rescue. Additionally, aerial video and photography may be 

conducted on occasional basis for film and television sets, special events and landscape 

photography, conducting power line inspection, aerial mapping, surveying as deemed 

necessary.

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

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4. The UAS must be operated at an altitude of no more than 300 (500 per the User 

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

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

reported to ATC must be in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

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

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

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

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and 

PIC must be able to communicate verbally at all times. Electronic messaging or texting is 

not permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents.

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.
 

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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 PIC must possess at least a Supplemental Pilot certificate and at least a current 

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

successfully completed private pilot ground school. Additionally, supplemental pilots 

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

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

calendar months.
 

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18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive 

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

vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s 

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

only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

operations must be conducted under visual meteorological conditions (VMC). If flight at 

night is required, a special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) are not authorized.

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

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

that airport’s management is obtained, and the operation is conducted in accordance with 

a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

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

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

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

predetermined location within the planned operating area and land or be recovered 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. 
 

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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 (NNumber) 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 UAS must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

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

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

vehicles, and structures unless: 

 a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 

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

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

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

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

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

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

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

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

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

conducted.

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

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

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

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) 

Would Not Adversely Affect Safety. 

Innova Flight submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate The DJI Phantom 2 

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS unless that 

PIC has demonstrated, by meeting Innova Flights Standard Operating Procedures (SOP). 

Every Innova Flight PIC will safely operate The DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS in a manner consistent with 

the exemption including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering Innova Flight proposed area of operations, and the operating limitations set 

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

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

skills necessary to safely operate The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS, Innova Flight submits that the additional 

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

the airmanship skills necessary for Innova Flight 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. 
 

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

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

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not 

Adversely Affect Safety. 

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

prior to every flight, Innova Flight will ensure that The DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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).

4. Reasons Why an Exemption from the Requirements of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional UA will be provided to the PIC via GPS equipment and a 

radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

Innova Flight’s operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 Professional 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).

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by14 

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

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS; 
 

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

flight operations. Accordingly, Innova Flight will ensure that it will safely operate the 

battery powered DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UA during daylight hours in VFR conditions, with enough battery power to 

fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 

11109, the technical specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI 

Inspire+ DJI S900/S1000 Professional UAS; the limitations on the proposed flight 

operations; and the location of the proposed operations, will ensure an equivalent level of 

safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as 

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 

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 Vision+, DJI Phantom 3+ DJI Inspire+ 

DJI S900/S1000 UAS will descend and land automatically. Significantly, previous 

exemptions granted by the FAA concerning Section 91.151establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than 

the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 

10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

6. Reasons Why an Exemption from the Requirements of Sections 91.405(a), 

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

Safety. 

In seeking this exemption, Innova Flight 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 

Innova Flight 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 Innova Flight Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional Instruction Manual). Furthermore, Innova Flight will document 
 

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and maintain all maintenance records for The DJI Phantom 2 Vision+, DJI Phantom 3+ 

DJI Inspire+ DJI S900/S1000 Professional UAS. Since The DJI Phantom 2 Vision+, DJI 

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS will be inspected as 

prescribed by the operating documents, Innova Flight 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 Vision+ User Manual is attached hereto as Exhibit B & D; a copy of The 

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS

Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will 

not adversely affect safety because Innova Flight will use trained technicians to perform 

maintenance, alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents. Furthermore, the 

exemption sought would maintain an equivalent level of safety established by Sections 

91.407, 91.417(a) and 91.417(b), because all maintenance of The DJI Phantom 2 

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS will be 

performed by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. Significantly, previous exemptions granted by the 

FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b) establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. In consideration of Innova Flight 

proposed operating limitations, the operating documents, and the technical aspects of the 

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 

UAS, Innova Flight submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in

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

Nos. 11062,11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

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

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Innova Flight requests that 

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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional 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 
 

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limited purpose of conducting aerial video and photography over certain areas of the 

United States for compensation or hire. FMRA Section 333 sets forth the requirements 

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

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

UAS to operate without airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the NAS. Likewise, the 

Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of 

the aircraft. Section 21.16, entitled Special Conditions, states the following:

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

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

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

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. 

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

FAA may prescribe special conditions for Innova Flight ’s intended operation of The DJI 

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 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). 

8. A Summary That Can Be published In the Federal Register, stating: The Rules from 

 which Innova Flight Seeks Exemption: 

Innova Flight 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 Innova Flight Seeks: This 

exemption will permit Innova Flight to commercially operate an Unmanned Aircraft

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

areas of the United States. 
 

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9. Any Additional Information, Views, Or Arguments Available To Support UAV 

FMRA Section 333

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, Innova Flight 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, Innova Flight will 

operate the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 

Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or 

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

CONCLUSION 

As set forth herein, Innova Flight seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

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

permit safe operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional 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 Innova Flight to safely, efficiently, and 

economically operate The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI 

S900/S1000 Professional UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, Innova Flight 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 Innova Flight to operate the DJI 

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS 

commercially for the purpose of conducting aerial video and photography of Real Estate 

Properties as well as filming of special events, film sets, scripted and unscripted 

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

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

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Appendixes: 

A – DJI Phantom 2 Vision+ Specifications Data Sheet 

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

C – DJI Phantom 3 Professional Specifications Data Sheet 

D – DJI Phantom 3 Manufacturer’s User Manual 

E – Monthly Maintenance Log 

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Innova Flight only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

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

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

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

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

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

1.1 DJI Phantom 2 Vision+ 

1.1.1 Aircraft 

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 

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

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

1.1.1.4 Max Yaw Angular Velocity - 2000/s 

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s 

1.1.1.7 Max Descent Speed – 2m/s 

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

1.1.2 Gimbal 

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

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s 

1.1.3 Camera 

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

1.1.3.2 Sensor Size – 1/2.3” 

1.1.3.3 Effective Pixels – 14M UAV Page 37 

1.1.3.4 Resolution – 4384x3288 

4.1.3.5 HD Video Recording – 1080p30 & 720p 

4.1.3.6 Recording Field of View - 1100/850
 

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1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz 

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

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

1.1.4.4 Transmitter Power – FCC Compliance: 100mW 

1.1.4.5 Working Voltage – 120mA@3.7V 

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz 

1.1.5.2 Communication Distance (unobstructed) – 500-700m 

1.1.5.3 Transmitter Power – 20dBm 

1.1.5.4 Power Consumption – 2W
 

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APPENDIX-B

DJI Phantom 2 Vision+ Manufacturer's User Manual

(uploaded in a separate attachment, a 72-page document)
 

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APPENDIX – C

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS AIRCRAFT

Weight (Including Battery and Propellers) 

1280 g Diagonal Size (Including Propellers) 

590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy 

• Vertical: +/- 10cm 

• Horizontal: +/- 1m 

Gps Mode GPS/GLONASS 

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

Max Altitude above Sea Level 6000 m 

Operating Temperature 0°C to 40°C 

GIMBAL

Controllable Range Pitch -90° to +30° Stabilization 3-axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz 

Max Distance 2000m (outdoors and unobstructed) Video Output Port USB 

Operating Temperature 0°C- 40°C 

Battery 6000 mAh LiPo 2S Mobile Device Holder For tablet or phone Receiver 

Sensitivity (1%Per) -101 dBm ±2 dBm Transmitter Power (Eirp) 

• FCC: 20 dBm 

• CE: 16 dBm 

Working Voltage 1.2 A @7.4 V

BATTERY CHARGER

Voltage 17.4 V Rated Power Phantom 3 Professional 100 W

INTELLIGENT FLIGHT BATTERY

Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight 

365 g 

Max Flight Time Approximately 23 minutes 

Operating Temperature -10°C to 40°C Max Charging Power 100 W 
 

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APPENDIX – D

DJI Phantom 3 Professional Manufacturer’s User Manual

(uploaded in a separate attachment, a 58-page document)