Wayne Christopher Harris/Off Road Photography 

11400 White Bluff Road Apt 23 

Savannah, GA 31419-1556 

336-686-3047 

hrrcaneharris@aol.com 

May 22, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Wayne Christopher Harris/Off Road Photography’s Petition for Exemption to Operate 

Unmanned Aircraft System for Aerial Photography and Filming 

FAA Regulatory Docket 

NAME AND ADDRESS OF PETITIONER 

Wayne Christopher Harris/Off Road Photography 

11400 White Bluff Road Apt 23 

Savannah, GA 31419-1556 

336-686-3047 

hrrcaneharris@aol.com 

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Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 

Pub. L. No. 112-95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation 

Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), 

Turbine Aircraft Logistics, LLC (“Petitioner or Operator”) hereby petitions for exemptions from 

14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 

91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 

91.409(a)(1) 91.409(a)(2). 

I. Petition Summary 

If granted, this exemption would allow the operator to operate a small UAS (under 55 lbs.) with 

an attached camera for the purpose of aerial photography and videography. With a combination 

of factors below, the operator is confident that it can operate the UAS in a manner equal to the 

safety standards set forth by the FARs for civilly manned aircraft: 

• Reliability 

• Return to designated point in the event of a lost control link 

• Return to designated point automatically with a low battery that is dynamically updated 

depending how far away the UAS is from the designated point 

• Low weight 

• Slow speed 

• No passengers to be carried 

• Experience of the crew members 

• Stringent maintenance program

The operator will be operating the UAS for the purpose of providing photographs and video as 

needed to the public for a fee. Bringing more competition to the market place in a currently very 

small industry can be found to be in the public interest and therefor the FAA can find good cause 

to grant the exemption. 

II. Exemptions Requested 

The operator is requesting relief from the following FAA regulations:

• FAR part 21 (Certification procedures) 

• FAR 61.113 (a) and (b) (Private pilot privileges and limitations) 

• FAR 61.133(a) (Commercial pilot privileges and limitations) 

• FAR 91.7(a) (Civil aircraft airworthiness) 

• FAR 91.9(b)(2) (Civil aircraft flight manual, markings, placards requirement) 

• FAR 91.103(b)(1) (Preflight action) 

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• FAR 91.119(c) (Minimum safe altitudes) 

• FAR 91.121 (Altimeter settings) 

• FAR 91.151 (Fuel requirements) 

• FAR 91.203(a) and (b) (Civil aircraft certifications required) 

• FAR 91.405(a) (Maintenance Required) 

• FAR 91.409(a)(1) and (a)(2) (Inspections)

III. Operational Procedures to Satisfy Section 333 

1. Unmanned Aircraft System 

1.1 The UAS the operator seeks exemption for is manufactured by DJI and the model is the 

DJI Phantom Vision 2 Plus. This UAS is the second upgrade of the DJI Phantom series. The 

DJI Phantom Vision 2 Plus is a 2.74lb multi-rotor (4 rotors) UAS with approximately 18 

minutes of endurance. The Phantom Vision 2 Plus’s purpose is to carry a small camera as its 

payload. The Phantom Vision 2 Plus has the ability to be controlled by a single crew member

acting as pilot in command by wireless remote control on a 2.4GHz band having a 

transmitting distance of 2km (1.08nm). 

1.2 The Phantom Vision 2 Plus is equipped with lost link protection (referred to as “Return 

To Home” (RTH) in the Phantom Vision 2 Plus User Manual), allowing the UAS to 

automatically climb vertically to a safe altitude to clear obstacles; then proceed to a predesignated point to automatically land. At any time the UAS and the controller re-establish 

link, the PIC can cancel the RTH and resume control of the UAS. In the event of lost GPS 

signal, control to the Phantom Vision 2 Plus UAS is not lost. Since all operations will be 

conducted under Visual Line of Sight VLOS the PIC can control the aircraft back to a safe 

location to land. 

1.3 Because the Phantom Vision 2 Plus UAS does not have the endurance to meet the 

requirements of FAR 91.155(b), the operator is requesting exception from this regulation and 

substituted with the following standard: All flights will be terminated at a maximum of a 25-

minute flight or when the battery level reaches 25% (whichever occurs first). 

1.4 The operator will register the UAS IAW FAR part 47. The operator’s UAS will have 

identification makings in accordance with FAR 45(c). The Phantom Vision 2 Plus UAS is too 

small to practically display registration markings IAW FAR 45.29(a) though (e). The 

registration marks will be affixed as large as practical IAW FAR 45.29(f). 

1.5 The operator is requesting relief from FAR 91.121 because the Phantom Vision 2 Plus 

UAS is not equipped with a standard adjustable barometric altimeter system. The Phantom 

Vision 2 Plus UAS collects altitude information for two sources: GPS and barometric aiding. 

Upon powering the Phantom Vision 2 Plus, the system will reset the altitude readout on the 

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controller’s base station to 0 feet above ground level (AGL). The PIC then will reference the 

digitally displayed altitude in AGL for the duration of the flight. 

1.6 Because of the small size, low weight, slow speed, and limited operating area of the 

Phantom Vision 2 Plus UAS, the operator is requesting relief from CFR part 21(h) 

(airworthiness certificates). The operator has determined that it can operate the Phantom 

Vision 2 Plus UAS to an equivalent level of safety set forth under part 21 of the CFRs and 

meets the requirements set forth in the 333 exemption. 

1.7 Prior to flight, the Phantom Vision 2 Plus UAS will be determined to be in an airworthy 

condition IAW the pre-flight checklist outlined in the Phantom Vision 2 Plus User Manual 

(found at http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/

Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf). The operator is requesting exemption 

from required inspections of FAR 91.409(a)(1) and (2) and will adopt the manufactures 

recommended inspections program as outlined in the following paragraph. Because the FAA 

has not established an inspection standard for UAS as have been established for manned 

aircraft under FAR 43.13 appendix D, the operator is requesting an exemption from the 

maintenance scope and detail of FAR 43.13 appendix D and replaced with the manufactures 

recommended maintenance program: The operator will inspect and maintain the Phantom 

Vision 2 Plus UAS IAW DJI Phantom Vision 2 Plus Maintenance Manual (See Phantom 

Vision 2 Plus Maintenance Manual). The operator will follow the manufactures 

recommended inspection interval to preform comprehensive maintenance of the Phantom 

Vision 2 Plus every 50 flight hours or 200 flights, whichever comes first as outlined in the 

Phantom Vision 2 Plus Maintenance Manual.

1.8 The operator will adopt maintenance record requirements set forth under FAR 91.417. 

1.9 The DJI Phantom Vision 2 Plus UAS operates on the 2.4GHz frequency band for both 

UAS control as well as video downlink. Both the Phantom Vision 2 Plus UAS as well and the 

UAS remote controller comply with part 15 of the FCC rules (see page appendix A, page 62 

of the DJI Phantom Vision 2 Plus user manual). The Phantom Vision 2 Plus is equipped with 

a vision positioning system along with a sonar system in order to be able to fly inside a 

building and still remain stable. The Phantom Vision 2 Plus’s primary payload is a small 

camera mounted with a gimbal, with a combined weight of less than one pound. 

1.10 Refer to Phantom Vision 2 Plus User Manual for more detail on the Phantom Vision 2 

Plus UAS. 

2. Unmanned Aircraft PIC 

2.1 The operator has designated Wayne Christopher Harris, Air Traffic Control Specialist 

(Department of the Army) as the chief pilot for its UAS operations. Mr. Harris currently has 

over 20 years of Air Traffic Control experience as an Army Air Traffic Controller, DOD 

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Controller, and as an FAA Air Traffic Controller. Mr. Harris also has over 500 hours of 

recreational UAS experience. All of which are on the DJI Phantom Vision 2 Plus. 

2.2 The operator is requesting that the operator’s chief UAS pilot be allowed to designate any 

UAS pilot with the following experience requirements: 

• Meets the flight review requirements of FAR 61.56 in manned aircraft 

• Meets the recent flight experience for PIC of FAR 61.57 (UAS takeoff/landings) 

• Has accrued 25 hour total time operating UAS 

• Has a minimum of 10 hours operating similar model UAS. 

• Has a minimum of 5 hours make and model of UAS 

• Pass a knowledge and skill test for the UAS developed by the chief UAS pilot 

2.3 The PIC will designate a Visual Observer (VO) prior to any flight to be conducted. Any 

VO to be used by the PIC must be authorized by the UAS chief pilot. Further, the VO shall 

be familiar with UAS operations to the extent their designated role as VO requires. The VO 

will be require to be able to communicate with the PIC verbally at all times. 

2.4 It will be the PICs responsibility to review weather conditions, flight battery 

requirements, and UAS performance limitations prior to conducting the flight. 

3. UAS Operating Procedures 

3.1 All UAS flight operations will be conducted during daylight hours. 

3.2 All UAS operations will be conducted in VFR conditions. 

3.3 No UAS operation will be conducted with less cloud clearance or visibly then is allowed 

by FAR 91.155. 

3.4 No UAS flight operations will be conducted beyond the visual sight of both the PIC and 

the VO. 

3.5 No UAS flight operation will be conducted above a vertical height of 400ft AGL. 

3.6 NO UAS flight operations will be conducted within highly populated areas. 

3.7 The PIC will not fly the UAS at speeds to exceed 50KTS ground speed. 

3.8 The PIC will insure that no person, other than those trained and designated by the Chief 

UAS pilot in UAS operations, are within 500ft of horizontal distance from the UAS during 

flight operations or while the rotors are turning. 

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3.9 The PIC will insure that the UAS in flight comes no closer than 500ft of vehicles or 

structures, with the exception of those that are a part of the filming operation. PIC will obtain 

a signed consent form from the owner or authorized representative of any vehicle or structure 

the UAS in flight will come within 500ft of. 

3.10 Prior to any UAS flight operation the PIC will consult current FAA aeronautical sectional 

charts and airport facility directory to insure that no flight operation will come within 5NM of 

an airport with a control tower, 3NM of an airport not having an operational control tower but 

having a published instrument approach procedure, 2NM of an airport not having an 

operational control tower or instrument approach procedure, or 2NM of a heliport having an 

instrument approach procedure without having an appropriate authorization from the ATC 

controlling facility and airport manager. 

3.11 PIC will remain clear and yield right of way to all manned aircraft operations of all 

category and classes. 

3.12 The PIC prior to conducting UAS flight operations will review current aeronautical 

charts, TFRs, and NOTAMS to insure that no flight operations will be conducted within an 

active restricted area, prohibited area, warning area, or TFR. 

3.13 Prior to UAS operations for the motion picture or television industry, the operator will 

comply with regulations set forth in FAA order 8900.1, Volume 3, chapter 8, section 1 

(Certificate of Waiver for Motion Picture and Television Filming). 

3.14 Operator will obtain an Air Traffic Organization (ATO) certificate of waiver or 

authorization (COA) prior to conduction UAS operations. 

3.15 Operator, as required by the COA, will request a NOTAM be filed for the UAS operation 

at least 48 hours in advance, but not more than 72 hours in advance. 

4. Conclusion 

We feel confident that with the above provided information the FAA can find Wayne Christopher 

Harris/Off Road Photography to qualify for the exemptions allowed under section 333 of the 

FAA Modernization and Reform Act of 2012. We would be happy to answer any questions 

regarding this exemption request if needed. 

Sincerely, 

Wayne C Harris 

Owner/Operator 

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Off Road Photography 

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