UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

NATHAN J. CURTIS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REOUIREMEN IS 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 THE DJ1

PHANTOM 2 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on October 6, 2015

Nathan J. Curtis

835 East 300 North #200, Richfield, UT 84701
INTRODUCTION AND INTEREST OF PETITIONERS............................................... 4

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

BASIS FOR PETITION 5

NAME AND ADDRESS OF PETITIONERS..........................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NATHAN J. CURTIS

SEEKS EXEMPTION ......................................................7

THE EXTENT OF RELIEF NATHAN J. CURTIS SEEKS AND THE REASON 

NATHAN J. CURTIS SEEKS THE RELIEF. 9

THE REASONS WHY GRANTTING REOUEST WOULD BE IN THE 

PUBLIC INTEREST..................................... 10

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY ....................................................................... 12

CONCLUSION .......................................................................................................................... 23
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

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

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
SUMMARY

Nathan J. Curtis seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121,91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an 

Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit Nathan J. Curtis to operate an Unmanned Aircraft System 

(UAS) for the non-commercial purpose of conducting aerial video and photography to be used in 

documenting crime scenes, traffic accidents, HAZMAT documentation, educational and training 

videos, and news reports, workplace safety, and law enforcement related events over certain areas of 

the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Nathan J. Curtis is a Utah certified peace officer with the Sevier County Sheriff’s Office. The 

Sheriff’s Office has invested in a UAS with the intent to use aerial photography and videos for the 

documentation of crime scenes, traffic accidents, Search and Rescue missions, Hazardous 

Materials (HAZMAT) accidents, training documentation, and officer safety related incidents. 

Examples of use are as follows:

• Documentation of Motor vehicle accidents 

• Documentation of crime scenes

• HAZMAT spills/accidents and documentation

• Safety and training

• Search and Rescue for missing or injured persons

• Increasing public knowledge of UAS and promote safe UAS operations.
BACKGROUND

Unmanned Aircraft Systems: DJ1 Phantom 2 UAS

Nathan J. Curtis seeks an exemption to operate DJI systems for the Sevier County Sheriff’s 

Office and related law enforcement agencies.

NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone 

systems. The DJI Phantom 2 has a maximum gross weight of 2.7 pounds, a length of 16.2 

inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of 

approximately 33.5 mph. The DJI Phantom 2 UA is equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors. The DJI Phantom 2 UA that will be 

operated by Nathan J. Curtis and 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, Nathan J. Curtis pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), 

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

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

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

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

91.417(a) & (b).

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

unmanned aircraft and its operation, Nathan J. Curtis's operation of the DJI Phantom 2 UAS 

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

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

Accordingly, Nathan J. Curtis 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.

Nathan J. Curtis submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Nathan J. Curtis will use experienced personnel or technicians to 

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

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

Maintenance Log, and DJI Phantom 2 instruction manual). Furthermore. Nathan J. Curtis 

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

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

privileges and limitations: Pilot in command, is requested by Nathan J. Curtisto the extent 

necessary to allow a Pilot in Command (PIC) holding an airman medical certificate, and 

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

PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 
distances from people, vessels, vehicles, and structures.

Nathan J. Curtis seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 2 UAS does not require an airworthiness certificate in 

accordance with 14 C.RR. Part 21, Subpart H. As such, Nathan J. Curtis submits that they

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

by determining that the UAS are in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual), and that the aircraft are 

in a condition for safe flight.

Nathan J. Curtis also seeks an exemption from the requirements of Section 91.121, 

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

altimeter onboard. However, altitude information of the DJI Phantom 2 UA will be 

provided to the PIC via 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 Nathan J. Curtis's

operation of the DJI Phantom 2 UA within visual line of sight, at or below 400 feet AGL, 

will ensure a level of safety equivalent to Section 91.121.

Additionally, Nathan J. Curtis seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Nathan J. Curtis submits 

that safety will not be affected by operation of the Phantom 2 UA during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power to fly for a total duration of approximately 15 minutes to the first point of 

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

minutes.

In accordance with 14 C.F.R. § 11.81, Nathan J. Curtis provides the following information 

in support of their petition for exemption:

NAME AND ADDRESS OF THE PETITIONER

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

Nathan J. Curtis

835 East 300 North #200

Richfield, UT 84701

Email: ncurtis.scso@hotmail.com
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

NATHAN J. CURTIS SEEKS EXEMPTION

1. Nathan J. Curtis 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. Nathan J. Curtis 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. Nathan J. Curtis 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)(l)(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. Nathan J. Curtis Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes.

5. Nathan J. Curtis 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. Nathan J. Curtis 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. Nathan J. Curtis Seek Exemption From The Requirements Of Sections 

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

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved 

for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter.

8. Nathan J. Curtis Seeks Exemption From The Requirements Of Sections 91.417(a) 

and 91.417(b).

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

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

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

paragraph (b) of this section:

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

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

each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an 

aircraft The records must include—

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

and

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

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

return to service.

(2) Records containing the following information:

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

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

appliance.

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

be overhauled on a specified time basis.

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

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

are maintained.

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

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

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

the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work 

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

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

with the aircraft at the time the aircraft is sold.

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

shall be retained until the defects are repaired and the aircraft is approved for return to 

service.

THE EXTENT OF RELIEF NATHAN J. CURTIS SEEKS 

AND THE REASON NATHAN J. CURTIS SEEKS THE

RELIEF

1. Extent Of Nathan J. Curtis 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 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, Nathan J. Curtis submits that an equivalent level of safety

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

that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC 

is able to safely operate the DJI Phantom 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, Nathan J. Curtissubmits that all flights of the DJI Phantom 2 UAS pursuant to the 

grant of this Petition: (1) will be incidental to Nathan J. Curtis's business; and (2) will not 

carry passengers or property for compensation or hire.

2. Extent Of Relief Nathan J. Curtis Seeks And The Reason Nathan J. Curtis 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 Nathan J. Curtisto determine that the DJI Phantom UAS are in airworthy

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

operating documents (i.e., the Nathan J. Curtis Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 Instruction Manual).

Nathan J. Curtis seeks the requested relief because the DJI Phantom 2 UA does not require 

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

Nathan J. Curtis will ensure that the DJI Phantom 2 UAS is in airworthy condition based 

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

Phantom 2 Instruction Manual) prior to every flight, and further, determine that the aircraft 

are in condition for safe flight, as stated in the conditions and limitations below.
3. Extent Of Nathan J. Curtis Seeks And The Reason Nathan J. Curtis Seeks Relief from 

section 91.121.

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

operations of the DJI Phantom 2 UAS, which 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), Nathan J. Curtis seeks the requested 

relief because the DJI Phantom 2 UA's altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each flight. Considering 

the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 

extent necessary to comply with the applicable conditions and limitationsstated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI

Phantom 2 UA is equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of 

the GCS.

4. Nathan J. Curtis Seeks And The Reason Nathan J. Curtis Seeks Relief From Section 

91.151(b).

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

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

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Nathan J. Curtis

seeks the requested relief

because without an exemption from Section 91.151(b), the flight time duration of the 

battery powered DJI Phantom 2 UA will severely constrain the practicality of any aerial 

video or still photo flight operations that Nathan J. Curtis proposes to conduct pursuant to 

this Petition.

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

the DJI Phantom 2 operating documents, and Nathan J. Curtis's proposed operating 

limitations, ensure that Nathan J. Curtis will safely operate the battery powered DJI 

Phantom 2 UA during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 

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

after that for at least 4.5 minutes.

5. Extent Of Relief Nathan J. Curtis Seeks And The Reason Nathan J. Curtis 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, Nathan J. Curtis request relief from these 

Sections because the DJI Phantom 2 UAS does not require an airworthiness certificate. As 

set forth more fully below, the DJI Phantom 2 UAS meets the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Nathan J. 

Curtis 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 Nathan J. Curtis's Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore. Nathan J. Curtis

will document and maintain all maintenance records for the DJIPhantom 2 UAS.

The Reasons Why Granting Nathan J. Curtis's 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 Nathan J. Curtis to 

safely, efficiently, and economically perform aerial video and photography of crime scenes, 

traffic accidents, HAZMat documentation, and law enforcement related over certain areas 

of the United States. Additionally, use of the DJI Phantom 2 UAS will decrease 

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

Notably, the benefits of Nathan J. Curtis's proposed operation of the DJI Phantom 2 UAS 

will be realized without implicating any Fourth amendment violations. 1. The Public Will 

Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 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

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. 

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

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

UAS 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 UAS.

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

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

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

battery power and electric motors, the DJI Phantom 2 UAS produces 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 UA, 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 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 UA 

(weighing approximately 2 pounds 13.1 ounces respectively, at its maximum gross 

weight with a length of 16.2 inches and width of 16.6 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). Use of the DJI Phantom 2 UAS will also allow 

for determination of types HAZMAT exposure emergency responders may be exposed to 

before actually being exposed to hazardous materials. 

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

UAS Will Benefit The Economy.

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

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

of the DJI Phantom 2 UAS will allow the Sevier County Sheriff’s Office to save taxpayer 

money. Specifically, with the rising cost of contracting or owning and maintaining an 

aircraft for these purposes, the use of a UAS will require less taxpayer money to provide 

the same level of service.

Operating the battery powered DJI Phantom 2 UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides 

such flexibility without the high operational cost of a traditional manned aircraft. By

operating the DJI Phantom 2 UAS, people such as Nathan J. Curtis, 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 and non-commercial use of the DJI

Phantom 2 UAS, provides a stable workforce that increases consumer spending; improves 

local, state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues.

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

decades, Nathan J. Curtis's proposed operation of the DJI Phantom 2 UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only

in compliance with operating documents (i.e., the Nathan J. Curtis's Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 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. Fourth Amendment rights will be respected and 

warrantless search and seizure will not occur.

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 Nathan J. Curtis Seeks Exemption

1. Reasons Why The DJI Phantom 2 UA Meets 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, Nathan J. Curtis's operation of the DJI Phantom 2 UAS 

meets the conditions of FMRA Section 333, and will not require an airworthiness 
certificate in accordance with 14 C.F.R. Part 21, Subpart H.

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

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

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

Section 333 states the following, in part:

(a) In General.—Notwithstanding any other requirement of this subtitle, and not later than 

180 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the plan and rule making required by section 332 of this Act 

or the guidance required bv 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, Nathan J. Curtis submits that the DJI Phantom 2 UAS can 

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

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

the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 UAS Demonstrates Its Safe Characteristics.

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

otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability, i. Technical Specifications Of The DJI Phantom 2 UAS.

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

Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit.

ii. The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes Enable The UAS 

To Remain Within A Defined Operational Area.

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

modes. A complete description of the flight and navigational modes of the DJI Phantom 2

UAS is provided at pages 23-32 and 42-44 of the DJI Phantom 2 User Manual, attached 

hereto as Exhibit B. iii. The DJI Phantom 2 UAS Is 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 UA will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, DJI Phantom 2 UA does not reacquire control link data 

from the GCS, the UAS will assume that the Control Link is lost and the UA 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 UAS are set 

forth at pages 27 through 29 of the DJI Phantom 2 User Manual, attached hereto as 

Exhibit A. 

iv. The DJI Phantom 2 GCS And Its Operation.

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

flight control software is provided at pages 42 through 49 of the DJI Phantom 2 User 

Manual. DJI Phantom 2 User Manual is attached hereto as Exhibit A.

b. Flight Operations Of DJI Phantom 2 UAS is Limited To The Line Of Sight Of 

A

Certificated Pilot in Command With A Safety Observer.

Nathan J. Curtis will act as a pilot in command (PIC) of the DJI Phantom 2 UAS. 

Additionally, a safety observer will assist during flight time.

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

Operating Limitations.

In seeking this exemption, Nathan J. Curtis proposes to commercially operate the DJI 

Phantom 2 UAS 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 UAS’s weighing less than 55 pounds maximum 

gross weight: DJI Phantom 2 Unmanned Aircraft Systems. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in feet 

AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA issued airman medical certificate.

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

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

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC 

must be able to communicate verbally at all times. Electronic messaging or texting is not 
permitted during flight operations. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that the 

SO can perform the functions prescribed in the operating documents.

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

avoiding other air traffic and other ground based obstacles/obstructions and is not permitted 

to operate the camera or other instruments.

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

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

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in

the operating documents, the conditions and limitations contained in the grant of exemption 

take precedence and must be followed. Otherwise, the operator must follow the 

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

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

updated and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to the 

grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA's UAS Integration Office (AFS80) 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 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 non-participants, and 

the PIC must operate the UA with appropriate distance from nonparticipants in accordance 

with 14 C.F.R. § 91.119.

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

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

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

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

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

on a current FAA-published aeronautical chart unless a letter of agreement with that airport's 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator's COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.

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

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

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

accordance with the operating documents.

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

in accordance with the operating documents.

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

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

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

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

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

This COA will also require the operator to request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation. All operations 

shall be conducted in accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder requirements.

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

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

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

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

other appropriate government oversight agency requirements.

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

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

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

upon request.

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

operations and activities at all times.

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

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

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

and structures unless:

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

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

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

leave such protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard, and;

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

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

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

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

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

conducted.

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

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

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

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

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

(b) Would Not Adversely Affect Safety.

Nathan J. Curtis 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 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 2 UAS in a manner consistent with the exemption, including evasive and 
emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering Nathan J. Curtis'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 UAS, Nathan 

J. Curtis submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Nathan J. 

Curtis 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).

Nathan J. Curtis will not allow any PIC to operate the DJI Phantom 2 UAS unless 

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

Phantom 2 UAS training and currency requirements, that the PIC is able to safely 

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

including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 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 

tor 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 Nathan J. Curtis'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 

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 experience-building 

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, Nathan J. Curtis will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 2 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 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, Nathan J. Curtis will ensure that the DJI Phantom 2 UAS is in an 

airworthy condition based upon the UAS's compliance with its operating documents and 

as stated m 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. 

11062,11063,11064,11065,11066,11067,11080,11109,11110,11112,11136,11138,11

150,

11153,11156,11157,11158,11159,11160,11161).

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 UA 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 Nathan J. Curtis Productions^ operation of the DJI Phantom 2 UA 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, 

11064,11065,11066,11067,11080,11109,11112,11136,11138,11150,11153,11156,11

157, 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 UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Nathan J. Curtis will ensure 
that it will safely operate the battery powered DJI Phantom 2 UA during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 15 

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

fly after that for at least 4.5 minutes.

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

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 UAS provides 

audible and visual warnings to the PIC at the GCS when the UA 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 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. 

8811,10808,10673,11042,11062,11063,11064,11065,11066,11067,11080,11109,1110

,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, Nathan J. Curtis 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 

Nathan J. Curtis 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., the Nathan J. Curtis's Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore. 

Nathan J. Curtis Productions will document and maintain all maintenance records for the 

DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating 

documents, Nathan J. Curtis 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 User 

Manuals are attached hereto as Exhibit C and D: a copy of the DJI Phantom 2 UAS 

Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Nathan J. Curtis

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 trained technicians will 
perform all maintenance of the DJI Phantom 2 UAS. 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 Nathan J. Curtis's proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 UAS, Nathan J. Curtis submits 

that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 

11062,11063,11064,11065,11066,11067,11080,11109,11110,11112, 

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

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Nathan J. Curtis request that 

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

UAS, which contain such safety standards that the Administrator finds necessary to 

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

and 14 CF.R §§ 61.113(a) & (b), 91.7 (a), 91.121,91.151(b), 91.405(a), 91.407(a)(1), 

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

operation of the UAS for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets 

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

NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification in accordance with 

any requirements that must be established for the safe operation of the UAS in the NAS. 

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

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

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

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

the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate 

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety 

equivalent to that established in the regulations.

See 14 C.F.R. §21.16.

Therefore, in accordance with FMRA Section 333 and 14 CF.R. § 21.16, the FAA may

prescribe special conditions for Nathan J. Curtis intended operation of the DJI Phantom 2

UAS, which contain such safety standards that the Administrator finds necessary to 

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

and 14 CF.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 Nathan J. Curtis Seeks Exemption:

Nathan J. Curtis seeks exemption from the requirements of 14 C.FJR Sections

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

91.409(a)(1) & (a)

(2), and 91.417(a) &(b).

A Brief Description Of The Nature Of The Exemption Nathan J. Curtis Seeks:

This exemption will permit Nathan J. Curtis 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 Nathan J. 

Curtis 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, Nathan J. Curtis'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, Nathan J. Curtis will operate the 

DJI Phantom 2 UAS safely in the NAS, without creating a hazard to users of the NAS, or 

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

As set forth herein, Nathan J. Curtis seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

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

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

certificate, for the limited purpose of conducting aerial video and photography over certain 

areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing Nathan J. Curtisto safely, 

efficiently, and economically operate the DJI Phantom 2 UASs commercially within the 

NAS.

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

Modernization and Reform Act of 2012, Section 333, Nathan J. Curtis 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 Nathan J. Curtisto operate the DJI Phantom 2 UASs 

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

of the United States.

Dated: October 6, 2015

Respectfully submitted. 

Nathan J. Curtis

Nathan J. Curtis

835 East 300 North #200, Richfield, UT 84701
Appendices:

A- DJI Phantom 2 Specifications Data Sheet APPENDIX - A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

http://www.dji.com/product/phantom-2-vision-plus/spec

B- Nathan J. Curtis only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling 

the user to set parameters which will not allow flight into controlled airspace. 

Parameters can also be set to limit flight to no higher than a predetermined and set 

altitude as well as limit flight to a predetermined and set distance. In addition, DJI

software provides real-time altitude and location information to the PIC via the linked 

monitor (smartphone/tablet devices)

DJI PHANTOM 2 USER MANUAL

http://www.dji.com/product/phantom-2-vision-plus/download

C - DJI Phantom 2 Maintenance Log 

APPENDIX - C

DJI PHANTOM 2 Maintenance Log