1 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: LDO, LLC

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 PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on August 5, 2015

LDO, LLC 

Pete Van Nort 

Director of Operations 

4181 Brunswick Court SE 

Smyrna, Georgia 30080 

petevannort@gmail.com 

 
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TABLE OF CONTENTS

Page 

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

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

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

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

BASIS FOR PETITION........................................................................................................ 5 

NAME AND ADDRESS OF PETITIONER........................................................................ 6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH LDO, LLC SEEKS 

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

THE EXTENT OF RELIEF LDO, LLC SEEKS AND THE REASON LDO, LLC 

 SEEKS THE RELIEF...................................................................................................... 10

THE REASONS WHY GRANTING LDO, LLC’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST............................................................................................................ 12

THE REASONS WHY GRANTING THE EXEMPTION TO LDO, LLC WOULD NOT 

ADVERSELY AFFECT SAFETY...................................................................................... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................. 25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT LDO, LLC’S REQUEST.................................................................................. 26 

CONCLUSION.................................................................................................................... 26 

APPENDICES......................................................................................... 27

 
3 

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
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SUMMARY

LDO, LLC, d.b.a. LDO & Co. (collectively, “LDO” or the “Company”) 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 small Unmanned Aircraft 

Systems (sUAS or UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit LDO to operate two different DJI Unmanned Aircraft 

Systems, both of which weigh less than 55 pounds including payload and energy sources. The 

two UAS models to be used by LDO, and referenced throughout this document include:

 DJI Phantom 3 Advanced (2.8 lbs.); and

 DJI Phantom 2 Vision Plus (2.7 lbs.);

The airframes outlined above will be operated under controlled conditions and used 

commercially for the purposes of conducting aerial photography, videography, mapping, crop 

surveying/monitoring, appraisals, inspections and other aerial data collection operations. The 

reason for such a general and broad based request is that LDO wishes to utilize a business 

strategy of horizontal integration and maximize economies of scope in order to capitalize on 

opportunities as they may arise in the future, without the long turnaround time associated with 

additional exemptions. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Founded in Atlanta, GA, LDO will offer ad hoc, small UAS services to individuals and 

companies who wish to employ these services as a safe, effective, and legal option to enhance 

their business or hobby. The objective of LDO and our Unmanned Aircraft System (DJI 

Phantom 2 Vision + and DJI Phantom 3 Advanced) aerial operations is to provide a more 

affordable, high-quality production system for a variety of governmental, commercial, public, 

and residential uses, specifically targeting: 

• Real-estate Marketing & Appraisals • Construction Sites (before & after)

• Civic landmarks (3D CAD) • Agriculture Surveys/Monitoring 

• Special event coverage • Other aerial data collection 

With surveying/mapping, photography/media, and aviation backgrounds, LDO’s founders have 

significant expertise in piloting and video production. The management team at LDO has over 

22 years of experience in aviation and over 4 years of combined experience flying sUAS. The 

current Director of Operations and Chief Pilot of LDO is a current Private Pilot that has 

accumulated over 500 hours of flight time and is intimately familiar with operational control 

procedures and overseeing the safe operations of sUAS activities. The other two Partners have a 

combined 10 years of work experience in CAD mapping and video production. The LDO team 

has identified opportunities across several markets where their services will provide benefits, but 

has rejected all offers to work with these U.S. parties to ensure it is in compliance with any 

applicable FARs. The LDO staff has safely flown small RC electric quad copters recreationally 

for approximately 3 years without incident. 
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 & DJI Phantom 3, UAS

LDO seeks an exemption to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS for compensation, or hire, within the National Airspace System (NAS). Both of 

these DJI models are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. Both DJI 

models have a gross weight of no more than 3.0 lb., a diagonal dimension of approximately 

23.2”, a maximum speed of approximately 16.4’fps, and a maximum flying height of 400'. The 

DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced are equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced that will be operated by LDO 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, LDO, LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. 

§ 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special 

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 2 Vision Plus UAS and the DJI Phantom 3 Advanced 

UAS in the 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, the Company’s operation of a DJI Phantom 2 Vision Plus 

and DJI Phantom 3 Advanced 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, LDO 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. 

LDO submits that the requested relief is proper since an equivalent level of safety will be 

ensured. LDO will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on their UAS fleet using the methods, techniques, and 

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

Phantom 2 Vision Plus and DJI Phantom 3 Advanced Instruction Manuals). Furthermore, LDO 

will document and maintain all maintenance records for its abovementioned DJI UAS units. 

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

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

in Command (PIC) holding a private pilot or higher level certificate, as well as an airman 
6 

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 Vision Plus and the DJI 

Phantom 3 Advanced UAS in a manner consistent with this exemption, including evasive and 

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

structures. 

LDO seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because both the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, LDO submits that they 

will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS are in 

airworthy conditions, prior to every flight, by determining that each UAS is in compliance with 

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

DJI Phantom 3 Advanced Instruction Manuals), and that the aircrafts are in a condition for safe 

flight. 

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

Settings, as neither the DJI Phantom 2 Vision Plus nor the DJI Phantom 3 Advanced UAS will 

not have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 Advanced 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 LDO’s operation of the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS within visual line of sight, at or below 400 feet AGL, will ensure a 

level of safety equivalent to Section 91.121. 

Additionally, LDO seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. LDO, LLC submits that safety will not be affected by 

operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced 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 23 minutes. Battery power indicators 

are also able to show exactly how much battery power is left, as well as how much time is 

needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, LDO, LLC 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:

LDO, LLC 

Pete Van Nort 

Director of Operations 

4181 Brunswick Court SE 

Smyrna, Georgia 30080 

petevannort@gmail.com 
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B. The Specific Sections Of 14 C.F.R. From Which LDO, LLC Seeks Exemption.

1. LDO 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. LDO, LLC 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. LDO, LLC 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. LDO, LLC 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: 
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(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. LDO, LLC 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. LDO, LLC 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. LDO, LLC 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. 
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8. LDO, LLC 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. 
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(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 LDO, LLC Seeks And The Reason LDO, LLC Seeks The Relief. 

1. Extent Of Relief LDO, LLC Seeks And The Reason the Company 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, LDO submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus or DJI Phantom 3 

Advanced 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 Vision Plus or the 

DJI Phantom 3 Advanced 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, LDO submits that all flights of the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

to LDO’s business; and (2) will not carry passengers or property for compensation or hire. 
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2. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC 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 LDO to determine that the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

compliance with the operating documents (i.e., LDO’s Aerial Operations Manual, Monthly 

Maintenance Log, and the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Instruction 

Manuals). 

LDO seeks the requested relief because the DJI Phantom 2 Vision Plus and the DJI Phantom 3 

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

Subpart H. Therefore, LDO will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS are in airworthy condition based upon its compliance with the operating 

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

Phantom 3 Advanced Manuals) 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 LDO, LLC Seeks And The Reason LDO, LLC Seeks Relief From 

Section 91.121. 

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

operations of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS. This regulation 

requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is 

set “..to the elevation of the departure airport or an appropriate altimeter setting available before 

departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the 

Safety Checklist, confirming the altitude of the launch site shown on the GPS altitude indication before 

flight..

4. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC Seeks Relief From 

Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision 

Plus and DJI Phantom 3 Advanced UAS during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. LDO 

seeks the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

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

LDO proposes to conduct pursuant to this Petition. 

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

and DJI Phantom 3 Advanced UAS, the DJI Phantom 2 Vision Plus and DJI Phantom 3 
12 

Advanced operating documents, and LDO proposed operating limitations, ensure that the 

Company will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced 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 23 minutes.

5. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC 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, LDO requests relief from these Sections because the 

DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, LDO will use trained technicians to perform maintenance, 

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

prescribed in the UAS operating documents (i.e., the LDO Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Instruction 

Manual). Furthermore, LDO will document and maintain all maintenance records for the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS. 

D. The Reasons Why Granting LDO, LLC 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 LDO to safely, 

efficiently, and economically perform aerial photography, videography, mapping, crop 

surveying/monitoring, appraisals, inspections and other aerial data collection operations over 

certain areas of the United States. 

Additionally, use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will 

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

economy. Notably, the benefits of LDO, LLC’s proposed operation of the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 Advanced UAS will be realized without implicating any privacy issues. 

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

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced 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 Vision Plus and DJI Phantom 3 

Advanced 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. 
13 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 

Vision Plus and DJI Phantom 3 Advanced UAS do not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography missions 

would result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations.

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

Plus and DJI Phantom 3 Advanced UAS. 

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS, instead of manned aircraft, will greatly benefit the public by drastically 

reducing the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI Phantom 2 

Vision Plus and DJI Phantom 3 Advanced UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision Plus and DJI Phantom 

3 Advanced 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 Vision Plus and DJI Phantom 3 Advanced UAS to perform aerial 

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

usually associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. Aside from the lack of flight crew members located onboard the 

aircraft, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS (weighing no more 

than 3.0 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and 

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

the ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a 

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

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

Plus and DJI Phantom 3 Advanced UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS are also an economical alternative to using manned aircraft to conduct similar 

aerial operations. As such, operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS will allow United States based companies, like LDO, 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 
14 

fuels, U.S. owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without the 

high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, companies 

such as LDO, can remain competitive and profitable, and therefore, provide greater job stability 

to employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

2 Vision Plus and DJI Phantom 3 Advanced UAS, provides a stable workforce that increases 

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

invest in research and development in order to remain competitive both in the United States and 

abroad. 

4. There Are No Privacy Issues. 

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

LDO’s proposed operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS will be operated only in compliance with operating documents (i.e., 

LDO Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and 

DJI Phantom 3 Advanced Instruction Manual) which requires property owner involvement as 

well as local law enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided 

By The Rule From Which LDO, LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced 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, LDO’s operation of the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS meet the conditions of FMRA Section 333, and will not require an 

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

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

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 
15 

(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 rulemaking required by 

section 332 of this Act or the guidance required by section 334 of this Act. 

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

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

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to users 

of the national airspace system or the public or pose a threat to national 

security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1). 

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

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

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

aircraft systems in the national airspace system. 

In seeking this exemption, LDO submits that the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

by: (a) the characteristics of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS; 

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

a. The Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced 

UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS do not create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security considering its 

size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS. 

The technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS are set forth by the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced User Manual, attached hereto as Appendix A. 
16 

ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Global 

Positioning Modes Enable The UAS To Remain Within A Defined Operational 

Area. 

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS may be operated in 

both manual and global positioning flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

is provided at pages 11 of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced 

User Manual attached hereto as Appendix A. 

iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Are 

Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of 

The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

seconds, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS does not 

reacquire control link data from the GCS, the UAS will assume that the Control Link is 

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

descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision Plus and 

DJI Phantom 3 Advanced UAS are set forth within the Advanced User Manuals, attached 

hereto as Appendix A. 

iv. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced GCS And Its 

Operation.

A complete description of the operation and specifications of the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 Advanced GCS and flight control software are provided within 

each User Manual (attached hereto as Appendix A). 

b. Flight Operations Of DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer. 

LDO’s staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 Advanced UAS. Additionally, a safety observer will assist him 

at all times during flight time. 
17 

c. Flights Of DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Will Be 

Conducted Pursuant To Specific Operating Limitations. 

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

Plus and DJI Phantom 3 Advanced UAS for the special purpose of conducting over certain areas 

of United States, pursuant to the following specific operating limitations.

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

aircraft described in the operating documents, rotorcraft UAS weighing less than 55 

pounds maximum gross weight: DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced 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, mapping, crop surveying/monitoring, 

appraisals, inspections and other aerial data collection operations.

3. The UAS may not be flown at an indicated airspeed exceeding 40 knots.

4. The UA 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 
18 

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 thirdclass medical certificate. 
19 

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

operator’s qualification criteria and demonstrates the ability to safely operate the UAS 

in a manner consistent with how the UAS will be operated under the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours must be 

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of 

training the operator’s PICs are permitted under the terms of the exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

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

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

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

authorized. 

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

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

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

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

agreement with the airport management must be made available to the Administrator 

upon request. 

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

in accordance with the operating documents. 

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

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

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 
20 

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

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

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

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

where nonparticipating persons leave such protection and are within 500 feet of the 

UA, flight operations must cease immediately and/or; 

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

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

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

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

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

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

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

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

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

to be conducted.

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

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

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 
21 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

LDO submits that the equivalent level of safety established by Section 61.113(a) and (b) will be 

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

Phantom 3 Advanced 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 Vision Plus 

or DJI Phantom 3 Advanced UAS in a manner consistent with the exemption, including evasive 

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

and structures. 

Considering LDO’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 Vision Plus and DJI Phantom 3 Advanced UAS, LDO submits that 

the additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for LDO’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). 

LDO, LLC will not allow any PIC to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 

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

or the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS in a manner consistent with this exemption, including evasive and 

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

structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

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 LDO, LLC’s proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have accumulated 
22 

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 

5 hours make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the 

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, LDO, LLC will ensure safe operations by not allowing any PIC to operate the DJI 

Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS or DJI Phantom 2 Vision Plus 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 Vision Plus and DJI Phantom 3 

Advanced 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, LDO, LLC will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced UAS are in airworthy conditions 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 Vision Plus and DJI Phantom 3 Advanced 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 LDO’s operation of the DJI Phantom 2 Vision Plus and 

DJI Phantom 3 Advanced 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 UAS 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 Vision Plus 

and DJI Phantom 3 Advanced UAS; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, LDO will ensure that it will safely 

operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 

23 minutes. 

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

and DJI Phantom 3 Advanced UAS; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus 

and DJI Phantom 3 Advanced UAS provide audible and visual warnings to the PIC at the GCS 

when the UAS experiences low battery voltage, the first warning occurring at approximately 

33% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 

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. 
24 

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, LDO 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 the Company will 

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

UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., 

LDO Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and 

DJI Phantom 3 Advanced Instruction Manuals). Furthermore, LDO will document and maintain 

all maintenance records for these two UAS units (DJI Phantom 2 Vision Plus and DJI Phantom 3 

Advanced). 

Since the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will be inspected as 

prescribed by the operating documents, LDO will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 

Vision Plus and DJI Phantom 3 Advanced User Manuals are attached hereto as Appendix A. 

Likewise, the exemption sought will not adversely affect safety because LDO will use trained 

technicians to perform maintenance, alterations or preventive maintenance on the UAS using the 

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

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision 

Plus and DJI Phantom 3 Advanced UAS will be performed by trained technicians. Maintenance 

will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of LDO, LLC’s proposed operating limitations, the operating documents, and 

the technical aspects of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, 

LDO, LLC 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). 
25 

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, LDO, LLC requests that the FAA prescribe 

special conditions for the intended operation of the DJI Phantom 2 Vision Plus and DJI Phantom 

3 Advanced 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 3 Advanced and DJI Phantom 2 Vision Plus 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 these aircrafts. 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 Leading Edge’s intended operation of the DJI Phantom 3 

Advanced and DJI Phantom 2 Vision Plus 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).

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

Which LDO, LLC Seeks Exemption: 

LDO, LLC 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). 
26 

A Brief Description Of The Nature Of The Exemption LDO, LLC Seeks: 

This exemption will permit LDO, LLC 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 LDO, LLC’s 

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, LDO, LLC’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, LDO, LLC will operate the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced 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, LDO, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 

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

operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS commercially, 

without an airworthiness certificate, for the purpose of conducting aerial photography, 

videography, mapping, crop surveying/monitoring, appraisals, inspections and other aerial data 

collection operations. The reason for requesting “other flight operations” is so that LDO can be 

nimble in terms of the breadth of services they offer their customer base. Utilizing a business 

strategy focused on horizontal integration will allow the Company to capitalize on future 

opportunities, without the long turnaround time associated with additional exemptions. 

LDO is already aware of pent up demand for UAS services in the real estate market and 

construction markets. LDO, LLC has identified preservation societies and other agencies that 

could benefit from the operation requested in this application. A quick internet search will show 

that many are currently operating similar UAS in exactly this fashion without, it is assumed, 

FAA authorization. The petitioner has refrained from engaging in commercial use of the UAS 

but is ready to obtain the capability to offer UAS-related services in a compliant manner. 

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 LDO, LLC to safely, efficiently, and economically operate the UAS models, 

mentioned herein, commercially within the NAS. 
27 

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

Modernization and Reform Act of 2012, Section 333, LDO, LLC respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

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

91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 Vision Plus and DJI 

Phantom 3 Advanced UAS commercially for aerial photography, videography, mapping, crop 

surveying/monitoring, appraisals, inspections and other aerial data collection operations. 

Dated: August 5, 2015 

Respectfully submitted,

Pete Van Nort 

Director of Operations & Chief Pilot

LDO, LLC 

4181 Brunswick Court SE 

Smyrna, Georgia 30080 

Appendix A:

 Link to DJI Phantom 3 Advanced Manual: Click on link DJI Phantom 3 User Manual

 Link to DJI Phantom 2 Vision Plus: Click on link DJI Phantom 2 User Manual v1.2