July 6, 2015 

Dear Sir or Madam,

Vidutube Productions, Inc., LLC 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 

Vidutube Productions, Inc., LLC to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of aerial image acquisition including but not limited to, the following 

industries: motion picture, television, real estate, construction sites, short range inspection, 

mapping & survey.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Vidutube Productions, Inc. provides its clients with the high quality digital content for use in 

their commercial, personal, and non-profit multimedia projects. The objective of Vidutube 

Productions, Inc. operations is to provide high quality imaging for a variety of, commercial, 

public, and residential uses, specifically targeting:

• Motion Picture and Television

• Real Estate

• Construction Sites 

• Short Range Inspection 

• Mapping & Survey

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Vidutube Productions, Inc. seeks an exemption to operate DJI systems for compensation 

or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UAS) with a Ground Control Station (GCS) utilizing Futaba D8FG, 2.4 GHz, computer 

radio system transmitted to Naza-M Wookong-M & A2 flight controller(s). Also Vidutube 

Productions, Inc. utilizes long range FPV, Black Pearl monitor to give real time flight data 

information back to PIC. The DJI Phantom 2 has a maximum gross weight of 2.2 pounds, a 

diagonal length of 13.78 inches, height of 8.0 inches, and a maximum speed of approximately 30 

knots. The DJI Phantom 2 UAS is equipped with four main rotors; driven by 3sLiPo battery DJI 

Smart Battery powered to top of the line anti-gravity electric motors. The DJI Phantom 2 UAS 

that will be operated by Vidutube Productions, Inc., LLC will be registered in accordance with 

49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.
BASIS FOR PETITION

Petitioner, Vidutube Productions, Inc., pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 2 UAS in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

unmanned aircraft and its operation, Vidutube Productions, Inc. operation of DJI Phantom 2 

UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

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

Accordingly, Vidutube Productions, Inc. 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. Vidutube Productions, 

Inc. submits that the requested relief is proper since an equivalent level of safety will be ensured. 

Vidutube Productions, Inc. will use experienced personnel or technicians to perform 

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

and practices prescribed in the operating documents 

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

and limitations: Pilot in command, is requested by Vidutube Productions, Inc. 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, that the PIC is able to safely 

operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive 

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

and structures. Vidutube Productions, Inc. seeks relief from Section 91.7(a), entitled Civil 

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

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

will ensure that the DJI Phantom 2 UAS is in airworthy condition, prior to every flight, by 

determining that the UAS is in compliance with the operating documents and that the aircraft is 

in a condition for safe flight.

Vidutube Productions, Inc. also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 UA will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 2 UA will be provided to the PIC via 

GPS equipment and radio communications telemetry data link, which downlinks from the UAS 

to the GCS for active monitoring of the flight path. This altitude information, combined with 
Vidutube Productions, Inc. operation of the DJI Phantom 2 UAS within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Vidutube Productions, Inc. seeks an exemption from the requirements of Section

91.151(b) entitled Fuel requirements for flight in VFR conditions. Vidutube Productions, Inc. 

submits that safety will not be affected by operation of DJI Phantom 2 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 16 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Vidutube Productions, Inc. 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:

Rodney W. Howe, President 

Vidutube Productions, Inc

9275 N. Union Blvd. 

Suite 140, Box 75

Colorado Springs, CO 80920

719-465-3538

vidutubecom@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which Vidutube Productions, Inc. Seeks 

Exemption.

1. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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.

4. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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. Vidutube Productions, Inc. 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.
(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. Extent Of Relief Vidutube Productions, Inc. Seeks and the Reason Vidutube 

Productions, Inc. Seeks Relief

1. Extent Of Relief Vidutube Productions, Inc. Seeks and the Reason Vidutube 

Productions, Inc. 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, Vidutube Productions, Inc. submits that an equivalent level 

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

UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 2 UAS in a 

manner consistent with the operations specifications as described in this exemption, 

including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures.

Further, Vidutube Productions, Inc. submits that all flights of the DJI Phantom 2 UAS, 

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

Vidutube Productions, Inc. business; and (2) will not carry passengers or property for 

compensation or hire.
2. Extent Of Relief Vidutube Productions, Inc. Seeks And The Reason Vidutube 

Productions, Inc. 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 Vidutube Productions, Inc. to determine that the DJI Phantom 2 UASs 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents.

Vidutube Productions, Inc. seeks the requested relief because the DJI Phantom 2 UAS 

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

Subpart H. Therefore, Vidutube Productions, Inc. will ensure that the DJI Phantom 2 

UAS is in airworthy condition based upon its compliance with the operating documents 

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 Vidutube Productions, Inc. Seeks And The Reason Vidutube 

Productions, Inc. Seeks Relief From Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 2 UAS, which utilizes a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude 

information from the UAS to 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),

Vidutube Productions, Inc. seeks the requested relief because the DJI Phantom 2 UAS’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 DJI Phantom 2 UAS is 

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

ensures that a ground level pressure setting will be established prior to each flight, and 

provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Vidutube Productions, Inc. Seeks and the Reason Vidutube 

Productions, Inc. 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 

UA during daylight hours in visual meteorological conditions (VMC), under visual flight 
rules (VFR), for a total duration of 16 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4 minutes. Vidutube 

Productions, Inc. seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 2 UAS will 

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

Vidutube Productions, Inc. proposes to conduct pursuant to this Petition.

5. Extent Of Relief Vidutube Productions, Inc. Seeks And The Reason Vidutube 

Productions, Inc. 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, Vidutube Productions, Inc. requests 

relief from these Sections because the DJI Phantom 2 UAS do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 2 UAS meet the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

Vidutube Productions, Inc. 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 Furthermore, Vidutube Productions, 

Inc. will document and maintain all maintenance records for the DJI Phantom 2 UAS.

D. The Reasons Why Granting Vidutube Productions, Inc. 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 Vidutube Productions, 

Inc. to safely, efficiently, and economically perform aerial image acquisition including but not 

limited to, the following industries: motion picture, television, real estate, construction sites, 

short range inspection, mapping & survey. Additionally, use of the DJI Phantom 2 UAS will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Vidutube Productions, Inc. proposed operation of the DJI 

Phantom 2 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 2 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 UAS would reduce the amount of 

manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety 

of life and property in the air and on the ground. Furthermore, by reducing the number of 

manned aircraft operating in the NAS, congestion around airports caused by arriving and 

departing aircraft will be reduced. The DJI Phantom 2 UAS does not require an airport to 
takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and 

photography missions would result in fewer aircraft that must be handled by air traffic 

control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations.

2. The Public Will Benefit from the Safety and Efficiency Of The 

DJI Phantom 2 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, DJI Phantom 2 UAS produce no air pollution, and is 

the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

The DJI Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UA is propelled by battery powered electric motors, 

rather than an internal combustion engine. By using DJI Phantom 2 UAS to perform 

aerial acquisitions, the substantial risk to life and property in the air and on the ground, 

which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the DJI Phantom 2 UAS (weighing 2.2 pounds 

respectively, at maximum gross weight with length of 13.78 inches diagonally, a height of 

8 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 UASs Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of DJI Phantom 2 UAS will allow United States based companies, like 

Vidutube Productions, Inc., to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. 

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 2 UAS is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft. By operating the DJI Phantom 2 UAS, companies such as 

Vidutube Productions, Inc., can remain competitive and profitable, and therefore, provide 
greater job stability to employees and contractors, which will ultimately contribute to 

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

commercial use of the DJI Phantom 2 UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in 

the United States and abroad.

4. There Are No Privacy Issues.

 All flights will occur over private or controlled access areas with the property owner’s 

 prior consent and knowledge. Recognizable images will only be recorded of people who 

 have given their consent or otherwise have agreed to be in the area where active image 

 acquisition will take place.

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

decades, Vidutube Productions, Inc., LLC proposed operation of the DJI Phantom 2 UAS 

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

operated only in compliance with operating documents which requires property owner 

involvement 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 Vidutube Productions, Inc. Seeks Exemption.

1. Reasons Why DJI Phantom 2 UAS Meet The Conditions Of The FAA 

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

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

unmanned aircraft and its operation, Vidutube Productions, Inc. operation of the DJI 

Phantom 2 UAS meet the conditions of FMRA Section 333, and will not require an 

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

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users 

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

In seeking this exemption, Vidutube Productions, Inc. submits that the DJI Phantom 2 

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; 

and (c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, 

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 UAS.

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

DJI Phantom 2 user manual, attached hereto as Exhibit A.

ii. The DJI Phantom 2 UAS Autonomous Flight And Navigation 

Modes Enable The UAS To Remain Within A Defined Operational 

Area.

The DJI Phantom 2 UAS may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 2 UAS is provided at pages 12-16 

and 45-50 of the DJI Phantom 2 User Manuals, attached hereto as Exhibit 

A.

iii. The DJI Phantom 2 UAS Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation.

When the Control Link is lost, the DJI Phantom 2 UAS will remain 

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

Phantom 2 UAS do not reacquire control link data from the GCS, the UAS 

will assume that the Control Link is lost and the UAS will return to the 

home position (i.e., failsafe mode) via GPS, and will descend to the 

takeoff position and shutdown. A complete description of the Failsafe 

Functions of the DJI Phantom 2 Section 6.4 of the DJI Phantom 2 User 

Manuals, attached hereto as Exhibit A.

iv. DJI Phantom 2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI 

Phantom 2 GCS and flight control software is provided in Section 7 of the 

DJI Phantom 2 User Manual. DJI Phantom 2 User Manuals are attached 

hereto as Exhibit A.
b. Flight Operations of DJI Phantom 2 UAS Are Limited to the Line Of Sight 

of A Certificated Pilot in Command with A Safety Observer.

Vidutube Productions, Inc. will only utilize certificated pilots who possess a 

current and valid airman medical certificate to act as a pilot in command (PIC) of 

the DJI Phantom 2 UAS. Additionally, a safety observer will assist all pilots 

during flight time.

c. Flights of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Vidutube Productions, Inc. proposes to commercially 

operate DJI Phantom 2 UAS for the commercial purpose of aerial image 

acquisition including but not limited to, the following industries: motion picture, 

television, real estate, construction sites, short range inspection, mapping & 

survey.

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UAS weighing 

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

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 for aerial image acquisition 

including but not limited to, the following industries: motion picture, television, 

real estate, construction sites, short range inspection, mapping & survey.

3. The UAS may not be flown at an indicated airspeed exceeding 50 knots.

4. The UAS must be operated at an altitude of no more than 400 feet above 

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

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

reported to ATC must be in feet AGL.

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

times. This requires the PIC to be able to use human vision unaided by any device 

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

certificate.

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

permitted.

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS 
capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for 

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

functions prescribed in the operating documents.

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

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

not permitted to operate the camera or other instruments.

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

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

discrepancy exists between the conditions and limitations contained in the grant 

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

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The 

operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS 

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

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

flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, 

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

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the UAS 

to service.

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate.

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 UAS may not operate within 5 nautical miles of an airport reference point 

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

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The 
letter of agreement with the airport management must be made available to the 

Administrator upon request.

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

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

PIC.

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

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

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

to the intended landing point and land the UA with 25% battery power remaining.

25. 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. 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.

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

operations and activities at all times.

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

 vehicle.

29. 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 UAS, flight operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/

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

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

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

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

present an undue hazard to those persons per § 91.119(a). 32. All operations shall 

be conducted over private or 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.

30. 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. 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, Vidutube Productions, Inc. 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 2 UAS, which contain such safety standards that the Administrator finds 

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

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will 

permit safe operation of the UAS for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for compensation or hire. FMRA 

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

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

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

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

operation of the UAS in the NAS.

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

21.16, for operation of the DJI Phantom 2 UAS, since the airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or 

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states 

the following: If the FAA finds that the airworthiness regulations of this subchapter do 
not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

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

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

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

safety standards for the aircraft, aircraft engine or propeller as the 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 Vidutube Productions, Inc. intended operation of the DJI 

Phantom 2 UAS, which contain such safety standards that the Administrator finds 

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

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Vidutube Productions, Inc. Seeks Exemption:

Vidutube Productions, Inc. 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 Vidutube Productions, Inc. 

 Seeks:

This exemption will permit Vidutube Productions, Inc. to commercially operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of aerial image acquisition 

including but not limited to, the following industries: motion picture, television, real 

estate, construction sites, short range inspection, mapping & survey.

G. Any Additional Information, Views, or Arguments Available To Support Vidutube 

Productions, Inc. Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Vidutube Productions, Inc. 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, Vidutube Productions, Inc. will operate the DJI Phantom 2 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, Vidutube Productions, Inc. seeks an exemption pursuant to 14 C.F.R. § 11.61 

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

safe operation of the DJI Phantom 2 UAS commercially, without an airworthiness certificate, for 

the commercial purpose of aerial image acquisition including but not limited to, the following 

industries: motion picture, television, real estate, construction sites, short range inspection, 

mapping & survey. 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 Vidutube Productions, Inc. to safely, 

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

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

Modernization and Reform Act of 2012, Section 333, Vidutube Productions, Inc. 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 Vidutube Productions, Inc. to operate the DJI Phantom 

2 UAS for the commercial purpose of aerial image acquisition including but not limited to, the 

following industries: motion picture, television, real estate, construction sites, short range 

inspection, mapping & survey.

Dated: 7/4/15

Vidutube Productions, Inc.

________________________

Rodney W. Howe

Vidutube Productions, Inc., President

9275 N. Union Blvd. 

Suite 140, Box 75

Colorado Springs, Inc.

719-465-3538

Appendices:

A - DJI Phantom 2 Manufacturer’s User Manual

DJI Phantom 2 Manual web address

http://download.dji-innovations.com/downloads/phantom_2/en/

PHANTOM2_User_Manual_v1.4_en.pdf