City of Eugene

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U.S. Department of Transportation Markus J. Lay

Docket Management System Hazardous Material Response Coordinator

1200 New Jersey Avenue, SE 1705 W. 2nd Ave

Washington, D.C. 20590 Eugene Or. 97402

BASIS FOR PETITION

Petitioner, City of Eugene, 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 3 Pro, and DJI S1000 in the National Airspace System (NAS), and for an exemption from the

requirements of:

14 C.F.R §§ 61.113(a) & (b)

14 CFR 45.23(b)

91.7(a),

91.121,

91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91

Name and Address of the Petitioner

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

Markus John Lay

Captain 

Eugene Springfield Fire Department

Department of Strategic Services

1705 W 2nd Ave 

Eugene, Or. 97402

Markus.j.lay@ci.eugene.or.us

PREFACE:

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of 

the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness

certificate.
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The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14

CFR §91.203 (a) (1).

The City of Eugene proposes to use one or more Unmanned Aerial Drones (DJI PHANTOM 3 Pro,

and DJI S1000 for the following uses:

 Evaluation of hazardous material spills 

 Preplan and inspection of target hazards

 Assist with damage assessments or situationalstatus reports during emergency response operations

 Assist in training 

 Support to fire departments during response operations.

 Assist other city departments with site evaluation 

The DJI Phantom 3 Pro has four rotors and four motors in a quadcopter configuration (X4). It is 

only capable of vertical takeoff and landings. This UAS weighs less than 55 lbs. including payload, can fly,

under normal conditions at a speed of no more than 30 knots and has the capability to hover, and move 

in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return

function to the predetermined safe landing area as well as allowing reading of magnetic interference that

can cause loss off GPS signal. The UAS will operate only in line of sight and will operate only within the

limits of public rights of way or easements. Such operations will be conducted to insure that the UAS will

“not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).

The DJI S1000 has eight rotors and eight motors in an octocopter configuration (X8). It is only

capable of vertical takeoff and landings. This UAS weighs less than 55 lbs. including payload, can fly,

under normal conditions at a speed of no more than 30 knots and has the capability to hover, and move 

in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return

function to the predetermined safe landing area as well as allowing reading of magnetic interference that

can cause loss off GPS signal. The UAS will operate only in line of sight and will operate only within the

limits of public rights of way or easements. Such operations will be conducted to insure that the UAS will

“not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS)

before completion of the rule making required under Section

333 of the Reform Act. In making this determination, the Secretary is required to determine which types

of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and
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• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determinesthat such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirementsfor the safe operation of such aircraft in the

national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes UAS, from the requirement that all civil aircraft must have a current airworthiness

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702 - 44716 of this title if the Administrator finds

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14

CFR §91.203 (a) (1).

RELIEF OVERVIEW

Given the small size of the UAS involved and the restricted environment within which they will

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant

UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and

the significant public benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissions associated with allowing UASs for aerial inspections,surveying, photography and

videography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

City of Eugene proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitationslisted herein. These limitations provide for at least

an equivalent or even higher level of safety to operations under the current regulatory structure because

the proposed operations represent a safety enhancement to the already safe aerial inspections,

surveying and photography and videography operations conducted with conventional aircraft.

These limitations and conditionsto which the City of Eugene agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a Pilot-In Command (PIC) and a Safety Observer (SO).

3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be terminated

at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an

elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot and one Visual Observer.
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6. The UAS will only operate within the defined project area, the boundaries of which will be determined by

the UAS Pilot-In-Command (PIC) based on the site-specific activities and speed of the UAS required for the

operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

7. A briefing will be conducted in regards to the planned UAS operations prior to each day’s operation. It will

be mandatory that all personnel who will be performing duties within the boundaries of the project be

present for this briefing.

8. The UAS Pilot and Safety Observer will be able to communicate by voice and/or two way radio

communication system at all times.

9. The operations of the UAS will be limited to daylight-only operations.

10. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Project Perimeter and land safely.

11. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirementsfor the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and populated

areas of the particular UAS. In all cases, an analysis of these criteria demonstratesthat the UAS operated 

without an airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

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

unmanned aircraft and its operation, the City of Eugene’s operation of DJI 3 Pro and S1000, 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, the City of Eugene requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b), as these sectionsset forth requirementsfor maintenance that only apply to

aircraft with an airworthiness certificate. The City of Eugene submitsthat the requested relief is proper

since an equivalent level of safety will be ensured. The City of Eugene will use experienced personnel or 

technicians as needed to perform maintenance, alterations, or preventive maintenance on the UASs

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

Maintenance Log, and DJI Phantom3 Pro and S1000 Instruction Manual). Furthermore, the City of Eugene

will document and maintain all maintenance records for the DJI Phantom 3 Pro and S100 UAS.

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

limitations: Pilot in command, is requested by the City of Eugene to the extent necessary to allow a Pilot

in Command (PIC) meet or exceed the described requirements of operations set by manufacturer, and

who has demonstrated, that the PIC is able to safely operate the DJI Phantom 3 Pro and S1000 UAS in a

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

The City of Eugene seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI
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Phantom 3 Pro and S1000 UAS do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. As such, City of Eugene submits that it will ensure that the DJI Phantom 3 Pro and 

S1000 UAS is in an airworthy condition, prior to every flight, by determining that the UASs are in

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro and 

S1000 Instruction Manual), and that the aircraft are in a condition for safe flight.

The City of Eugene also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom 3 Pro and S1000 will not have a typical barometric altimeter

onboard. However, altitude information of the DJI Phantom 3 Pro and S1000 will be provided to the PIC 

via Global Positioning System (GPS) equipment and radio communicationstelemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with City of Eugene’s operation of the DJI Phantom 3 Pro and S1000 UAS within visual line of 

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

Additionally, The City of Eugene seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions. JWR submits that safety will not be affected by

operation of the DJI Phantom 3 Pro and S1000 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 30 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 5 minutes.

EXTENT AND REASONING WHY THE City of Eugene SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE:

1. Section 61.113(a) & 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 meet all requirements as described in the

DJI Phantom 3 Pro and S1000 owner’s manual to conduct the proposed UAS flight operationsfor 

compensation or hire.

This relief is requested since the limitationsset 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, City of Eugene submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the DJI Phantom 3 Pro and S1000 UAS unless that

PIC has demonstrated that the PIC is able to safely operate either the DJI Phantom 3 Pro and S1000 UAS

in a manner consistent with the operationsspecifications as described in this exemption, including

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels,

vehicles and structures.

Further, The City of Eugene submits that all flights of the DJI Phantom3 Pro and S1000 UAS,

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

business; and (2) will not carry passengers or property for compensation or hire.

2. 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent
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required to allow City of Eugene to determine that the DJI Phantom 3 Pro and S1000 UASs are in

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

documents (i.e., the City of Eugene Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Pro and S1000 Instruction Manuals).

City of Eugene seeks the requested relief because the DJI Phantom 3 Pro and S1000 UAS does not

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

Eugene will ensure that the DJI Phantom 3 Pro and S1000 UAS are in airworthy condition based upon its

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro and 

S1000 Instruction 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. 91.121.

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

of the DJI Phantom 3 Pro and S1000 UAS, which utilize a barometric pressure sensor, GPS equipment,

and a radio communications telemetry data link to downlink altitude information from the UA to the PIC 

at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS

operations be reported to air traffic control (ATC) in feet above ground level (AGL), seeks the requested

relief because the DJI Phantom 3 Pro and S1000 UAS 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 limitationsstated below. As more 

fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Pro and 

S1000 UA are 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. 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirementsfor flight in VFR conditions, is requested

to the extent required to allow flights of the battery powered DJI Phantom 3 Pro and S1000 UAS during

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total

duration of 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 5 minutes. The City of Eugene seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Pro 

and S1000 UA will severely constrain the practicality of any aerial video or still photo flight operations

that City of Eugene proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Pro and S1000 UAS.DJI 

Phantom 3 Pro and S1000 operating documents, and City of Eugene’s proposed operating limitations,

ensure that the City of Eugene will safely operate the battery powered DJI Phantom 3 Pro and S1000 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 25 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 5 minutes.

14 CFR 45.23(b)
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Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain

specifications. UAV Field Services UASs are, by definition, unmanned. They therefore do not have a

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two inch lettering is

difficult to place on such small aircraft. Regardless, UAV Field Services will mark its UAS in the largest

possible lettering by placing the "N "number on its fuselage as required by 14 CFR 45.29 (f) so that the

pilot, technician,spotter and others working with the UAV will see the markings. The FAA has previously

issued exemptions to this regulation through- Exemption No 10167 and

10700

5. 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, the City of Eugene requestsrelief from these Sections because

the DJI Phantom 3 Pro and S1000 UAS do not require airworthiness certificates. As set forth more fully

below, the DJI Phantom 3 Pro and S1000 UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly City of Eugene will use trained techniciansto perform

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

practices prescribed in the UAS operating documents (i.e., the City of Eugene Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manuals). Furthermore, the City 

of Eugene will document and maintain all maintenance records for the DJI Phantom 3 Pro and S1000

UAS.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS)

before completion of the rule making required under Section

332 of the Reform Act. In making this determination, the Secretary is required to determine which types

of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Given the small size of the UAS involved and the restricted sterile environment within which they will

operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant

UAS will operate, approval of the application presents no national security issue. Given the clear

direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant

public benefit, including enhanced safety, reduction in environmental impacts, including reduced

emissions associated with allowing UASs for movie and television operations, the grant of the requested
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exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant

the requested exemption without delay.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit from Decreased Congestion of the NAS.

The DJI Phantom 3 Pro and S1000 UA are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing

the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 2 Vision+ 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 3 Pro and 

S1000 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 Phantom3 Pro and S1000 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Pro and S1000 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 3 Pro and S1000 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 3 Pro and S1000 UAS, while reducing the

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by

battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Pro and S1000 UAS to perform aerial observation, 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 3 Pro and S1000 UAS 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, Surveys and Inspections, Operations with the DJI Phantom 3 Pro 

and S1000 UAS Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Pro and S1000 UAS are also provides an

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

of the DJI Phantom 3 Pro and S1000 UAS will allow the City of Eugene, to provide quality services to the

residents and businesses of the City and the Region at minimum costs. Specifically, with the rising cost of

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

aviation fuels, agencies must adopt new and alternative technology in continue to provide required
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services at reasonable costs. Operating the battery powered DJI Phantom 3 Pro and S1000 UAS is one 

such technology that not only allows agencies & 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 3 Pro and S1000 UAS, the City of Eugene can maintain and

hopefully improve our ability to mitigate hazardous chemical spills, large scale fire emergencies with 

greatly reduced risk to the public and first responders. 

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operationsthat have been conducted for decades, the City 

of Eugene proposed operation of the DJI Phantom 3 Pro and S1000 UAS will not implicate any privacy

issues. Specifically, the DJI 3 Pro and S1000 UAS will be operated only in compliance with operating

documents (i.e., the City of Eugene Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Pro and S1000 Instruction Manual) which requires property owner involvement as well as

local law enforcement notification, and in accordance with the Federal Aviation Regulations, including

the maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119.

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 City of Eugene SEEKS EXEMPTION.

1. Reasons Why the DJI Phantom 3 Pro and S1000 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, City of Eugene’s operation of 

the DJI Phantom 3 Pro and S1000 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.

In seeking this exemption, the City of Eugene submits that the DJI Phantom 3 Pro and S1000 UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of

the DJI Phantom 3 Pro and S1000 UAS; (b) the pilot certification requirement; and (c) the specific

operating limitations.

a. The Specifications of the DJI Phantom 3 Pro and S1000 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Pro and S1000 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 3 Pro and S1000 UAS. The technicalspecifications of the DJI

Phantom 3 Pro and S1000 UAS are set forth by the DJI Phantom 3 Pro and S1000 Specifications and Data

Sheet attached.

ii. The DJI Phantom 3 Pro and S1000 UAS Autonomous Flight and Navigation Modes Enable The UAS To

Remain

Within A Defined Operational Area.

The DJI Phantom 3 Pro and S1000 UAS may be operated in both manual and fully autonomous flight
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modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Pro and S1000

UAS are included in the User Manuals.

iii. The DJI Phantom 3 Pro and S1000 UASs Are Designed For Automatic Return To Home Point Or Hover In

The

Event of Loss of the Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Pro and S1000 UA will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI Phantom 3 Pro and S1000 UA does 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 3 Pro and DJI S1000 are set forth in the User

Manual, attached.

iv. The DJI Phantom 3 Pro and S1000 GCS And Its Operation. A complete description of the operation and

specifications of the DJI Phantom 3 Pro and S1000 GCS and flight control software is provided in the DJI

Phantom 3 Pro and S1000 User Manual.

b. Flights of DJI Phantom 3 Pro and S1000 UAS Will Be Conducted Pursuant To Specific Operating

Limitations. In seeking this exemption, City of Eugene proposes to commercially operate DJI Phantom 3 

Pro and S1000 for the special purpose of conducting aerial video and photography over certain areas of 

United States, pursuant to the following specific operating limitations:

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

the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI

Phantom 3 Pro and S1000 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 operationsfor the purpose of aerial 

video and photography.

3. The UA may not be flown at an indicated airspeed exceeding 20 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 camera to satisfy the visual line of site 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.
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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’sresponsibility 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 petitionsfor 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 UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

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

against discrepancies discovered between inspections.

17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably 

operate the DJI Phantom 3 Pro and S1000, or hold an equivalent pilot license approved by the FAA.

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

criteria and demonstratesthe ability to safely operate the UAS in a manner consistent with how the UAS 
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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 nonparticipantsin 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 pre- determined 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 operationsshall be conducted in accordance with airspace

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

requirements.

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

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) 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 UA must remain clear and yield the right of way to all manned aviation operations and activities

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

30. All operationsshall be conducted over publicly owned or controlled property. Any operation over 

privately owned property would require 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.

31. Any incident, accident, or flight operation that transgressesthe 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

THE City of Eugene AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON 

FAA’S FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL 

FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. THANKYOU FOR

YOUR CONSIDERATION.

Markus J. Lay

Captain 

Department of Strategic Services

City of Eugene