UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

David C. DeGroff 

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 AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on October 27, 2015 

David C DeGroff 

1006 County Road 1445 

Sulphur Springs, Texas 75482-9129 

214-295-6498 
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS ..........................................................................................................i

SUMMARY .......................................................................................................................................... - 1 -

INTRODUCTION AND INTERESTS OF THE PETITIONER .......................................................... - 2 -

BACKGROUND .................................................................................................................................. - 3 -

CONCLUSION ................................................................................................................................... - 28 -
i 

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 

FMRA FAA Modernization and Reform Act of 2012 

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 Section 333 of FMRA 

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 
1 

SUMMARY 

 David C DeGroff 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 David C DeGroff to operate an Unmanned Aircraft 

System (UAS) for the commercial purpose of conducting aerial video and photography of construction 

sites, real estate, and landscape over certain areas of the United States to be used in weddings, special 

events, sporting events, inspection purposes, real estate and news reports over certain areas of the 

United States.
2 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

 My name is David C DeGroff, I am 61 years old, with a 40+ year information systems career. 

My areas of interests include information systems (including software development and systems 

integration), skiing, journalism, public speaking, and producing professional video for a variety of 

different clientele. 

 The objective is to start up a small business to provide high quality imaging for a variety of 

commercial and public uses, specifically targeting:

• Utilization for visual inspection of home roofs and towers. 

• Agriculture field analysis and livestock management. 

• Coverage for local Media Outlets. 

• Video for Real Estate assessments. 

• Digital Mapping. 
3 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2, DJI Inspire 1 UASs

 David C DeGroff seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 2 and DJI Inspire 1 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 11 ounces, while having a 

length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 2 and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. 

 The DJI Phantom 2 and DJI Inspire 1 UAs that will be operated by David C DeGroff 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. 
4 

BASIS FOR PETITION

 Petitioner, David C DeGroff, 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 , DJI Inspire 1 UASs 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, David C DeGroff operation of DJI Phantom 2 and DJI Inspire 1 

UASs 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, David C DeGroff 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. 

 David C DeGroff submits that the requested relief is proper since an equivalent level of safety 

will be ensured. David C DeGroff will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and 

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

and DJI Inspire 1 Instruction Manual). Furthermore, David C DeGroff will document and maintain all 

maintenance records for the DJI Phantom 2 and DJI Inspire 1 UASs. 

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

and limitations: Pilot in command, is requested by David C DeGroff to the extent necessary to allow a 

Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical 

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

the PIC is able to safely operate the DJI Phantom 2 and DJI Inspire 1 UASs in a manner consistent with

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

from people, vessels, vehicles and structures. 

 
5 

David C DeGroff seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 and DJI Inspire 1 UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, David C DeGroff submits that he will ensure 

that the DJI Phantom 2 and DJI Inspire 1 UASs are in an airworthy condition, prior to every flight, by

determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition

for safe flight. 

 David C DeGroff also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2 and DJI Inspire 1 UAs will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 2 and DJI Inspire 1UAs 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 David C DeGroff’s operation of the DJI Phantom 2 and DJI 

Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

 Additionally, David C DeGroff seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. David C DeGroff submits that safety will not be 

affected by operation of the DJI Phantom 2 and DJI Inspire 1 UAs during daylight hours in visual 

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

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

normal cruising speed, to fly after that for at least 4.5 minutes. 
6 

 In accordance with 14 C.F.R. § 11.81, David C DeGroff 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: 

David C DeGroff 

1006 County Road 1445 

Sulphur Springs, Texas 75482-9129 

214-295-6498 

Email: dcdegroff@gmail.com 

B. The Specific Sections of 14 C.F.R. From Which David C DeGroff Seeks Exemption. 

1. David C DeGroff 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. David C DeGroff 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. David C DeGroff 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-- 
7 

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

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

100 nautical miles of the aircraft; 

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

section, the current reported altimeter setting of an appropriate available 

station; or 

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

departure airport or an appropriate altimeter setting available before departure. 

4. David C DeGroff 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. David C DeGroff 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. David C DeGroff 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. David C DeGroff 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 – 
8 

(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. David C DeGroff Seeks Exemption from the Requirements of Sections 91.417(a) And 

 91.417(b). 

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

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

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

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

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

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

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

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

performed; and 

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

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

return to service. 

(2) Records containing the following information: 

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

rotor. 

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

and appliance. 

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

required to be overhauled on a specified time basis. 

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

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

appliances are maintained. 

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

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

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

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

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

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

 and appliances. 
9 

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

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

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

 performed. 

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

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

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

 chapter shall be retained until the defects are repaired and the aircraft is approved 

 for return to service. 

C. The Extent Of Relief David C DeGroff Seeks And The Reason David C DeGroff Seeks The 

Relief.

1. Extent of Relief David C DeGroff Seeks and the Reason David C DeGroff Seeks Relief 

from Section 61.113(a) and (b).

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

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot 

or higher level certificate, as well as a current and valid airman medical certificate, and who 

has met certain flight-hour and currency requirements, to conduct the proposed UAS flight 

operations for compensation or hire. 

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

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

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

employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire. 

 As set forth more fully below, David C DeGroff submits that an equivalent level of 

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

or DJI Inspire 1 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 or DJI Inspire 

1 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, David C DeGroff submits that all flights of the DJI Phantom 2 and DJI Inspire 1 

UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 
10 

David C DeGroff’s business; and (2) will not carry passengers or property for compensation 

or hire.

2. Extent Of Relief David C DeGroff Seeks And The Reason David C DeGroff 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 David C DeGroff to determine that the DJI Phantom 2 and DJI 

Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is 

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

Phantom 2 and DJI Inspire 1 Instruction Manual). 

 David C DeGroff seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1 

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, David C DeGroff will ensure that the DJI Phantom 2 and DJI Inspire 

1 UASs are in airworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 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 David C DeGroff Seeks And The Reason David C DeGroff 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 and DJI Inspire 1 UASs, 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), David C DeGroff seeks the 

requested relief because the DJI Phantom 2 and DJI Inspire 1 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 and DJI Inspire 1 UAs are equipped with a barometric pressure 
11 

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 David C DeGroff Seeks And The Reason David C DeGroff 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 and 

DJI Inspire 1 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. David 

C DeGroff seeks the requested relief because without an exemption from Section 91.151(b), 

the flight time duration of the battery powered DJI Phantom 2 and DJI Inspire 1 UAs will 

severely constrain the practicality of any aerial video or still photo flight operations that 

David C DeGroff proposes to conduct pursuant to this Petition. 

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

DJI Inspire 1 UASs, the DJI Phantom 2 and DJI Inspire 1 operating documents, and David C 

DeGroff proposed operating limitations, ensure that David C DeGroff will safely operate the 

battery powered DJI Phantom 2 and DJI Inspire 1 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 David C DeGroff Seeks And The Reason David C DeGroff Seeks 

Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

 Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, David C DeGroff requests relief from 

these Sections because the DJI Phantom 2 and DJI Inspire 1 UASs do not require 

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

1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. 

 Accordingly, David C DeGroff will use trained technicians to perform maintenance, 
12 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the UAS operating documents (i.e., the David C DeGroff Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 

Instruction Manual). 

 Furthermore, David C DeGroff will document and maintain all maintenance records for 

the DJI Phantom 2 and DJI Inspire 1 UASs. 

D. The Reasons Why Granting David C DeGroff 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 David C 

DeGroff to safely, efficiently, and economically perform aerial video and photography of 

construction sites, real estate, and landscape over certain areas of the United States. 

 Additionally, use of the DJI Phantom 2 and DJI Inspire 1 UASs will decrease congestion 

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

benefits of David C DeGroff’s proposed operation of the DJI Phantom 2 and DJI Inspire 1 

UASs will be realized without implicating any privacy issues. 

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

 The DJI Phantom 2 and DJI Inspire 1 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 or DJI Inspire 1 

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 and DJI Inspire 1 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. 
13 

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

 and DJI Inspire 1 UASs. 

 Conducting aerial acquisitions with the DJI Phantom 2 and DJI Inspire 1 UASs, 

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 and DJI Inspire 1 UASs 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 and DJI Inspire 1 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 and DJI Inspire 1 UASs 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 and DJI Inspire 1 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 

and DJI Inspire 1 UASs Will Benefit The Economy.

 In addition to being safe and efficient, the DJI Phantom 2 and DJI Inspire 1 UASs 

are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 2 and DJI Inspire 1 UASs will allow 

United States based companies, like David C DeGroff, to remain competitive and 
14 

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 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UASs, companies such as 

David C DeGroff, 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 and DJI Inspire 1 UASs, 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, David C DeGroff’s proposed operation of the DJI Phantom 2 and 

DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 

2 and DJI Inspire 1 UASs will be operated only in compliance with operating documents 

(i.e., the David C DeGroff Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 2 and DJI Inspire 1 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. 
15 

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 David C DeGroff Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 and DJI Inspire 1 UAs Meet The Conditions Of 

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

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

with the unmanned aircraft and its operation, David C DeGroff’s operation of the DJI 

Phantom 2 and DJI Inspire 1 UASs 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. 
16 

 In seeking this exemption, David C DeGroff submits that the DJI Phantom 2 and 

DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Inspire 1 UASs; 

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

a. The Specifications Of The DJI Phantom 2 and DJI Inspire 1 UASs Demonstrate 

Its Safe Characteristics. 

 The DJI Phantom 2 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UASs.

 The technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs 

are set forth by the DJI Phantom 2 and DJI Inspire 1 Specifications and Data 

Sheet, attached hereto as Exhibit A and B. 

ii. The DJI Phantom 2 and DJI Inspire 1 UASs Autonomous Flight And 

 Navigation Modes Enable The UASs To Remain Within A Defined 

 Operational Area. 

 The DJI Phantom 2 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UASs is 

provided at pages 25-35 of the DJI Phantom 2 and pages 12-16 and 45-50 of the 

DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. 

iii. The DJI Phantom 2 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UAs 

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

DJI Phantom 2 and DJI Inspire 1 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 
17 

takeoff position and shutdown. 

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

UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 

through 15 of the DJI Phantom 2 and DJI Inspire 1 User Manuals, attached 

hereto as Exhibit C and D. 

iv. The DJI Phantom 2 and DJI Inspire 1 GCS And Its Operation.

 A complete description of the operation and specifications of the DJI 

Phantom 2 and DJI Inspire 1 GCS and flight control software is provided at 

pages 32 through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 

of the DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1 User Manuals 

are attached hereto as Exhibits C and D. 

b. Flight Operations of DJI Phantom 2 and DJI Inspire 1 UASs Are Limited to 

 the Line Of Sight of A Certificated Pilot in Command with A Safety Observer.

David C DeGroff will only utilize certificated pilots to act as a pilot in 

command (PIC) of the DJI Phantom 2 and DJI Inspire 1 UASs. Additionally, a safety 

observer will assist all pilots during flight time.

c. Flights of DJI Phantom 2 and DJI Inspire 1 UASs Will Be Conducted Pursuant 

 To Specific Operating Limitations.

In seeking this exemption, David C DeGroff proposes to commercially 

operate DJI Phantom 2 and DJI Inspire 1 UASs 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 and DJI Inspire 1 

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 UAS must be operated at an altitude of no more than 500 feet above ground 
18 

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 
19 

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 UASs 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 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. 

18. 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. 

19. 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. 

20. 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. 

21. If the UA loses communications or loses its GPS signal, it must return to a 
20 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

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

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

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

remaining. 

24. 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. 

25. 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. 

26. 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. 

27. 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. 

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

operations and activities at all times. 

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

30. 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; 
21 

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). 

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

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

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

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

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

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

 (b) Would Not Adversely Affect Safety. 

 David C DeGroff 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 and DJI Inspire 1 UASs 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 

or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

 Considering David C DeGroff’s proposed area of operations, and the operating 

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

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

airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Inspire 1 UAS, David C 

DeGroff submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for David C DeGroff’s 

specific proposed flight operations. 

 The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

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

 David C DeGroff will not allow any PIC to operate the DJI Phantom 2 or DJI Inspire 1 

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

DJI Phantom 2 or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with this 
22 

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). 

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

was obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during David C DeGroff’s proposed operations. 

 Accordingly, David C DeGroff will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 2 or DJI Inspire 1 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 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. 

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, David C DeGroff will ensure that the DJI Phantom 2 or DJI Inspire 1 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). 
23 

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 and DJI Inspire 1 UAS 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 David C DeGroff’s operation of the DJI Phantom 2 and DJI Inspire 

1 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 by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and 

DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of 

the proposed flight operations. Accordingly, David C DeGroff will ensure that it will safely 

operate the battery powered DJI Phantom 2 and DJI Inspire 1 UAs during daylight hours in 

VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first 

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

minutes. 

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

DJI Inspire 1 UASs; 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 and DJI Inspire 1 UASs 

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 
24 

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

Phantom and DJI Inspire 1 UASs will descend and land automatically. 

 Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

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

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

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

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

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

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

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

Safety. 

 In seeking this exemption, David C DeGroff 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 David 

C DeGroff will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., the David C DeGroff Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). 

 Furthermore, David C DeGroff will document and maintain all maintenance records for 

the DJI Phantom 2 and DJI Inspire 1 UASs. 

 Since the DJI Phantom 2 and DJI Inspire 1 UASs will be inspected as prescribed by the 

operating documents, David C DeGroff 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 and DJI 

Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 

and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E. 

 Likewise, the exemption sought will not adversely affect safety because David C 

DeGroff 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 
25 

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

Phantom 2 and DJI Inspire 1 UASs 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 David C DeGroff’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 and DJI Inspire 1 UASs, David C 

DeGroff 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, David C DeGroff requests that the 

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

Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to 

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

C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for 

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

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

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat 

to national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

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

21.16, for operation of the DJI Phantom 2 and DJI Inspire 1 UASs, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to 
26 

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 intended operation of the DJI Phantom 2 and DJI Inspire 1 UASs, 

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).
27 

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

Which David C DeGroff Seeks Exemption:

David C DeGroff 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 David C DeGroff Seeks:

This exemption will permit David C DeGroff to commercially operate an Unmanned 

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

areas of the United States. 

• Any Additional Information, Views, or Arguments Available To Support David C DeGroff.

 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, David C DeGroff’s request for exemption may be 

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

above. 

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

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; 

and further, provides the authority for such UAS to operate without airworthiness certification. 

 As discussed in detail above, David C DeGroff will operate the DJI Phantom 2 and DJI 

Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security.
28 

CONCLUSION 

 As set forth herein, David C DeGroff 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 and DJI Inspire 1 UASs 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 David C DeGroff to safely, efficiently, and economically operate the DJI Phantom 2

and DJI Inspire 1 UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, David C DeGroff 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 David C DeGroff to operate the DJI Phantom 2 and DJI Inspire 1 UASs 

commercially for the purpose of conducting aerial video and photography over certain areas of the 

United States. 

Dated: October 27, 2015 

Respectfully submitted, 

David C DeGroff 

_________________________ 

David C DeGroff 

David C DeGroff 

1006 County Road 1445 

Sulphur Springs, Texas 75482-9129 

214-295-6498 
29 

Appendices: 

A – DJI Phantom 2 Technical Specifications 

B – DJI Inspire 1 Technical Specifications 

C – DJI Phantom 2 User Manual 

D – DJI Inspire 1 User Manual 
A-1 

APPENDIX – A 

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS 

 David C DeGroff 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. DJI Phantom 2 

1.1. Aircraft 

1.1.1. Supported Battery – DJI 5200mAH LiPo Battery 

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

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

1.1.4. Max Yaw Angular Velocity - 200?/s 

1.1.5. Max Tilt Angel - 35? 

1.1.6. Max Ascent Speed – 6m/s 

1.1.7. Max Descent Speed – 2m/s 

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

1.2. Gimbal 

1.2.1. Working Current – Static: 750mA; Dynamic: 900mA 

1.2.2. Control Accuracy - ±0.03? 

1.2.3. Controllable Range – Pitch: -90? - 0? 

1.2.4. Maximum Angular Speed – Pitch: 90?/s 

1.3. Camera 

1.3.1. Operating Temperature Range - 32?F - 104?F (0?C - 40?C) 

1.3.2. Sensor Size – 1/2.3” 

1.3.3. Effective Pixels – 14M 

1.3.4. Resolution – 4384x3288 

1.3.5. HD Video Recording – 1080p30 & 720p 

1.3.6. Recording Field of View – 110?/85? 

1.4. Transmitter 

1.4.1. Operating Frequency – 5.728GHz – 5.85GHz 

1.4.2. Communication Distance (unobstructed) – FCC Compliance: 800m 

1.4.3. Receiver Sensitivity (1%PER) - -93dBm 

1.4.4. Transmitter Power – FCC Compliance: 100mW 

1.4.5. Working Voltage – 120mA@3.7V 
B-1 

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

 David C DeGroff 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. DJI Inspire 1 

1.2 Aircraft 

1.2.1 Model – T600 

1.2.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g) 

1.2.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m 

1.2.4 Max Angular Velocity – Pitch: 300?/s; Yaw: 150?/s 

1.2.5 Max Tilt Angle - 35? 

1.2.6 Max Ascent Speed – 5m/s 

1.2.7 Max Descent Speed – 4m/s 

1.2.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED) 

1.2.9 Max Flight Altitude – 4500m 

1.2.10 Max Wind Resistance – 10m/s 

1.2.11 Max Flight Time – Approximately 18 minutes 

1.2.12 Motor Model – DJI 3510 

1.2.13 Propeller Model – DJI 1345 

1.2.14 Operating Temperature Range – 14?F to 104?F (-10?C to 40?C) 

1.2.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12” 

1.3 Gimbal 

1.3.1 Model – ZENMUSE X3 

1.3.2 Output Power (with camera) – Static: 9W; In Motion: 11W 

1.3.3 Operating Current – Static: 750mA; In Motion: 900mA

1.3.4 Angular Vibration Range - ±0.03? 

1.3.5 Mounting – Detachable 

1.3.6 Controllable Range – Pitch: -90? to +30?; Pan: ±320? 

1.3.7 Mechanical Range – Pitch: -125? to 45?; Pan: ±330? 

1.3.8 Max Controllable Speed – Pitch: 120?/s; Pan: 180?/s
B-2 

1.4 Camera 

1.4.1 Name – X3 

1.4.2 Model – FC350 

1.4.3 Total Pixels – 12.76M 

1.4.4 Effective Pixels – 12.4M 

1.4.5 Image Max Size – 4000x3000 

1.4.6 ISO Range – 100-3200 

1.4.7 Field of View - 94? 

1.4.8 CMOS – Sony EXMOR 1/2.3” 

1.4.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 

1.4.10 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 

1.4.11 1280x720p24/25/30/48/50/60 

1.4.12 Operating Temperature Range - 32?F - 104?F (0?C - 40?C) 

1.5 Transmitter 

1.5.1 Name – C1 

1.5.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz 

1.5.3 Communicating Distance (unobstructed) – 2000m 

1.5.4 Output Power – 9W 

1.5.5 Operating Temperature Range - 14?F to 104?F (-10?C to 40?C) 

1.5.6 Battery – 600mAh LiPo 2S