J2 Engineering and Environmental Design 

4649 E. Cotton Gin Loop, Suite B2 

Phoenix, Arizona 85040 

(602) 438-2221 

dhewitt@j2design.us 

Dear Sir or Madam: 

This petition is being submitted on my behalf without legal counsel or consulting services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, J2 Engineering and Environmental Design, hereinafter referred to as J2, is a Limited 

Liability Company offering engineering and landscape architectural services, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small 

Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

The requested exemption would permit J2 to pursue their commercial interests in providing services to 

clients using a small advanced sUAV in the following areas: Data Collection. J2 states that all sUAS flights 

will occur over private or controlled access property and will do so with the property owner's consent and 

knowledge and that only people who have consented or otherwise have agreed to be within the UAS’ 

radius during filming and photography applications. 

J2 has demonstrated the ability to safely and effectively fly the sUAS DJI Phantom 2 which will be used for 

all commercial and private purposes. J2 complies with local ordinances and laws regarding the operation 

of sUAS, and adheres to all weather and environmental restrictions or limitations in reference to the 

operations of sUAS. 

The DJI Phantom 2 that will be operated by J2 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. 

All flights will occur in ordinance with any state or local laws regarding privacy. 

J2 is seeking the exemption because it is committed to complying with all of the rules, guidelines, 

limitations, and future legislation set forth by the FAA. J2 agrees to operate the sUAS in the manner 

described, and for the purposes that described. Without the exemption request granted, J2 would be 

unable to safely and effectively run my business, and it is my intention to comply with the FAA and obtain 

an exemption of the following regulations. 

The following contains my list of regulations from which I am seeking exemption, and a complete list of 

responsibilities I assume as operator; it also contains information regarding the aircraft, public benefit and 

safety features, and similar petitions requests granted. 

Regulations from which exemption is requested: 

14 CFR §§

61.23 (a) and (c) 

61.101 (e) (4) and (5) 

61.113 (a) 

61.315 (a) 

91.7 (a) 

91.119 (c) 

91.121 
91.151 (a) (1) 

91.405 (a) (1) 

91.409 (a) (1) and (2) 

91.4174 (a) and (b) 

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing 

less than 55 pounds including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption 

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed 

restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating 

airspeed recommended by the aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. The UA 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 or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of 

sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long 

as the PIC always maintains VLOS capability. The VO 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 VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to 

as the operating documents. The operating documents must be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the conditions and 4 

limitations in this exemption and the procedures outlined in the operating documents, the conditions and 

limitations herein 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 or any law enforcement official upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator must petition for an 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. 

8. 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 prior to 

conducting further operations under this exemption. Functional test flights may only be conducted by a PIC 

with a VO and must remain at least 500 feet from other people. The functional test flight must be 

conducted in such a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 
10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a 

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

inoperable components, items, or equipment. 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. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a 

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 5 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

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

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner 

consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption are permitted 

under the terms of this exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons not essential 

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

distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must 

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in 

the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the 

airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement 

with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to the 

Administrator or any law enforcement official upon request. 

17. 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

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

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

conditions) there is enough available power for the UA to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or 

amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached 

COA. 6 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 

CFR part 45, Subpart C. Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time 
the aircraft is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 in a manner ensuring the safety of nonparticipating persons; and b. The 

owner/controller of any vessels, vehicles or structures has granted permission for operating closer to 

those objects 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. The PIC, VO, operator trainees or 

essential persons are not considered nonparticipating persons under this exemption. 

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

from the property owner/controller or authorized representative. Permission from property 

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

28. 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. 

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of Exemption 

Nos. 11062, 11109, 11112, 11213, and 12645 

Public Benefit and Safety

Given the above stated evidence, procedures and precautions operating UAS commercially for the 

purposes of data collection and marketing in the fields of engineering and landscape architecture 

will ultimately be in the public interest. These operations, when executed with prudence, will exceed 

the current level of safety as the regulations from which exemption is sought. 

The utilization of sUAS in aerial data collection benefits the public directly by drastically reducing the 

levels of air and noise pollution associated with traditional methods of aerial data collection such as 

helicopters. By the very nature of being an unmanned aircraft, the potential risk to life to personnel is 

negated. 

The DJI Phantom 2 utilized by J2 also has a failsafe function that is triggered in the event 

communication is lost between the sUAS and the main controller transmitter. At that time, the sUAS 

will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control 

of flight and land manually. 

The utilization of sUAS in aerial data collection is economically beneficial to United States based 

companies and contribute to the growth of the U.S. economy. Conducting sUAS operations for aerial 

data collection in engineering and landscape architecture provides a greater breadth of information 

which were previously unaffordable and impractical for J2. By operating sUAS J2 can remain 

competitive and profitable by providing our clients with a better product, additionally resulting in greater 

job stability to employees and our contractors.