UNITED STATES OF AMERICA DEPARTMENT OF 

TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. FAA-2007-3330 

PETITION FOR EXEMPTION OF: 

Instrumental Media 

SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF 

THE CODE OF FEDERAL REGULATIONS 

Subchapter C section 21 subpart H, Subchapter F parts 91.103, 

91.105, 91.109, 91.119, 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2, 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO 

SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on March 4, 2016

Obed McCalip

Owner

Instrumental Media 

21902 Winsome Rose ct.

Cypress, TX Tel:(832)278-8515

Email: obed@instrumentalmedia.tv 
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

PO - Payload Operator

SECTION 33 - FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333

SOP - Standard Operating Procedures

UA - Unmanned Aircraft
UAS - Unmanned Aircraft System

VFR - Visual Flight Rules

VLOS - Visual Line of Site

VMC - Visual Meteorological Conditions

VO - Visual Observer

VTOL - Vertical Takeoff and Landing
TABLE OF CONTENTS 

Summary..............................................................................5 

Description of Unmanned Aircraft...............................................6 

Description of Ground Control Station.................................................9 

Flight Crew qualifications and description...................................10 

Unmanned Aircraft System operations and limitations ..................13 

Name and address of Petitioner ........................................................16 

List of regulations for consideration of exemption..............................17 

Summary for Federal Register..................................................22

Conclusion..........................................................................................23 
SUMMARY

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the “Reform Act”) and 14 C.F.R. Part 11, Instrumental Media 

seeks exemption from requirements of 14 C.F.R. § 21, Subpart H; 14 

C.F.R. § 43.11; 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 14 C.F.R. § 

91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 

14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 

91.409(a)(2); 14 C.F.R. § 417(a) and (b) to operate the Unmanned 

Aircraft Systems detailed below in support of commercial aerial 

photography and videography of events, activities, individual 

commercial, public, and residential properties and structures with 

owners/operators/coordinators permission and appropriate 

authorization. Instrumental Media’s Senior Pilot is currently a 

Videographer/Editor with over 15 years of professional experience and 

UAS experience since 2012 with over 250 hours of UAS flight hours.

The request for this exemption is in the Public Interest as there are 

many consumer applications for the services that can be provided by 

UAS that are currently conducted by manned aircraft. Using a UAS for 

many of these applications creates an environmentally friendly, lower 

cost solution to both the operator and consumer. These aircraft can be 

operated without risk of loss of life or limb, and without significant 

financial impact to the operator or any person or property on the 

ground in the event of the loss of an aircraft. Utilizing these UAS will 

create a safe and more productive work environment, reduce 

environmental pollution and have a positive impact on the local 

economy which is in the Public Interest. 
THE UNMANNED AIRCRAFT (UA) 

Instrumental Media will be using 1 variant of DJI Innovations 

commercially available UAS systems; the Phantom 2. System 

specifications, flight and maintenance manuals of each system are 

available upon request. 

1. Phantom 2 User manual 

2. Intelligent Flight Battery safety guidelines 

• The Phantom variations manufactured by DJI Innovations, are 

lightweight 4 electric motor/ rotor, battery operated quadcopter 

with a 3.0lb gross weight that take off and land vertically. The 

Phantoms have a length of 16 inches, width of 16 inches, height 

of 8 inches, and a maximum speed of approximately 29 knots. Its 

avionics suite contains an on- board flight computer with GPS 

navigation and an Inertial Measurement Unit (IMU) based 

attitude stability system. Also included is a barometric altimeter 

sensor and compass unit. An on- board processor receives 

signals for flight and payload control from a ground-based 

transmitter/controller/ground station device. An on-board 

telemetry system delivers flight data from the flight computer to 

the downlink radio transmitter to provide the Pilot in Command 

(PIC) with information such as altitude AGL, horizontal and 

vertical speed, compass direction of flight, bearing and distance 

to the controlling station, current waypoint, battery status, current 

flight mode, GPS health status, loss of link status, and GPS 

position. This data is displayed to the PIC via the Ground Control 

Station (GCS) application running on one or more computer 

devices such as a smart phone, tablet or PC. 
• The system carries an on-board camera capable of capturing 

imagery in the form of full color, high definition still photos and 

real time video. The video stream and still pictures can be sent 

via the downlink transmitter to the Ground station for the PIC and 

optional Payload Operator (PO) to view, record, and stream. 

• All UA system described above has a GPS aided “Return Home” 

function in the event of a loss of link condition or a low battery 

condition. The return home function can also be commanded by 

the PIC in the event of disorientation or loss of eye contact. Prior 

to any flight operation the PIC will set the desired “Home” 

location and altitude the UA will fly while returning to the home 

location. The UA’s onboard autopilot system will maneuver the 

UA back to the home location and land automatically if it has 

been commanded or if a loss of link has occurred. 

• All UAs that will be operated by Instrumental Media 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 in a size as large as practical for the size of 

the UA. 

• All UAs that will be operated by Instrumental Media will be 

maintained in accordance with the manufactures maintenance 

and user manuals. Repairs, inspections (except preflight), 

component changes, and software/firmware updates will be 

recorded in the UAs airframe maintenance logbook. Logbook 

entries will include date, airframe serial number, registration 
number, current airframe flight time, description of work 

performed, part number and serial number of components 

replaced if available, signature of person performing the work. 
THE GROUND CONTROL STATION/CONTROLLER:

The UAS product Instrumental Media intends to operate under this 

exemption use a series of components to comprise the Ground 

Control Station (GCS). The first and primary components of the 

ground segment is a handheld pilot controller and an optional 

handheld payload controller. The pilot controller provides a user 

interface for flight attitude and altitude commands augmented by the 

UA’s onboard IMU and GPS aided stabilization system. The controller 

also has options for manipulating the flight mode, payload gimbal, 

camera functions, and landing gear if equipped. The Datalink segment 

is comprised of an uplink transmitter command/control link using a 

frequency range of 2.4GHz to 2.48GHz frequency range with a power 

output of approximately 125mW. The uplink sends flight and payload 

commands to the UA’s autopilot which then processes the commands 

along with sensor inputs to manipulate the motor speed controllers 

and provide the desired response. The downlink transmitter on the UA 

operates on a 5.728GHz to 5.85GHz and an output power of 

approximately 25mW. The downlink transmitter provides live video 

from the on-board camera plus all the UA flight data described above. 

Downlink data and video is received by the pilot controller and optional 

payload controller which is then displayed to the PIC and optional PO 

via an application on a handheld device such as a smart phone, tablet 

or PC. The GCS application also provides a heads up display of 

pertinent flight data and UA status reports along with a moving map 

display. Both the uplink and downlink transmitters have been tested 

and comply with part 15 of the FCC rules for a class B digital device. 
UAS FLIGHT AND SUPPORT CREW:

The Pilot in Command (PIC) is the individual responsible for and in 

operational control of the flight operation from beginning to end. The 

PIC performs the preflight inspection of the UA, the preflight risk 

assessment, obtains all available information pertaining to the flight 

and briefs the other crew-members. The PIC will not change once a 

flight has begun. During instructional flights the PIC will be the 

Instructor. The following minimum experience and currency 

requirements will be utilized. 

• A Instrumental Media UAS PIC will hold a UAS Instructor Pilot/

Operator Certificate. • A Instrumental UAS PIC will hold a current 

class II flight physical. 

• Prior to commercial operations the Instrumental Media UAS PIC will 

have logged a minimum of 25 hours as PIC of a UAS. 

• Prior to commercial operations the Instrumental Media UAS PIC will 

have logged a minimum of 5 hours of PIC time in the make and model 

UAS being used. 

• A Instrumental Media UAS instructor pilot will hold a current UAS 

flight instructor certificate 

• A Instrumental Media UAS instructor will have logged a minimum of 

200 hours of UAS instruction. 

• A Instrumental Media UAS instructor will have logged a minimum of 

50 hours as PIC of a UAS. 

• A Instrumental Media UAS instructor will have logged a minimum of 

5 hours of PIC time in the make and model of UAS being used. 

• Within 90 days of a UAS commercial operations a Instrumental 

Media UAS PIC will perform the following UAS currency events. 
• 3 Takeoffs and Landings 

• 1 recovery from a simulated loss of link event. 

• Students receiving UAS training at XYZD will be verified as U.S. 

citizens or approved by the Transportation Security 

Administration TSA as required by the regulations of CFR 49 

subpart 1552. 

• The Visual Observer (VO) is the person or persons providing 

visually observation of the UA while in flight to alert the PIC of 

any risk factors inflight such as traffic, unauthorized personnel in 

the flight area, collision hazards to the UA, etc. The VO will 

maintain communication with the PIC at all times. Multiple VO’s 

can be used for operation but not in a “daisy chain” arrangement, 

the UA will remain in visual range of both the PIC and VO(s) at 

all times. The VO does not require a specific pilot certification or 

medical but will receive the following training prior to conduction 

operations as a VO. 

• Overview of the UAS being used.

• Limitations of the UAS, COA, and Exemption authorization.

 • Maintaining orientation of the UA inflight.
• Proper communication to the PIC.

• Traffic and obstacle scanning. 

 • Conducting an IMSAFE assessment. 

• The Payload Operator (PO) is an additional crew-member that can 

be used to perform the duties of operating the UA payload system 

while inflight. The PO will have an additional dedicated payload 

controller and display linked to the PIC flight controller. The PO 

controller will be a slave controller that can only manipulate the 

payload controls and not the flight control of the UA. During any 

portion of the flight if the PIC deems it necessary the PIC can regain 

payload control back to the master controller. The PO would not be 

considered a required crew-member for any flight operation. The PO 

would be considered support personnel used to relieve workload on 

the PIC in certain operations such as areas of congested obstacles. 

An assigned PO will not perform the duties of a VO at any time during 

the flight operation. 
OPERATION OF THE UA

• The UAS’s size, weight, limited range and payload capacity, 

along with restricted use within a COA area monitored by 

Instrumental Media in no way presents a national security issue. 

The Exemptions requested by Instrumental Media provide for the 

equivalent, if not a higher, level of safety than the current similar 

manned airborne photo/video systems due to the dangers 

associated with much larger, heavier, and faster conventional 

manned aircraft. 

• Using this exemption to provide type specific UAS flight training 

will allow Instrumental Media to share our vast knowledge of 

unmanned operations within the national airspace to enhance 

safety. Interested students will be provided an approved venue, 

platform and experienced instructor to develop the knowledge 

and skills required to safely operate UA’s in the national airspace 

system. 

• Instrumental Media UAS operations will also comply with the 

following limitations:

(a) Operations will occur in Class G airspace at no more than 

400 ft AGL or the maximum altitude specified in the COA 

limitations.

(b) Operations can be conducted within Class E and Class D 

airspace but only with an approved letter of agreement/

authorization with the controlling agency/airfield manager and 

will not exceed 400 ft agl or the maximum altitude specified in 

the COA limitations. (c) Instrumental Media will not operate a UA 

within 5 NM of an airport or heliport unless prior permission has 

been obtained from the controlling agency/airfield manager.
(d) Instrumental Media will not operate the UA at an airspeed 

greater than 42 knots.

(e) Instrumental Media will only operate the UA in the daytime 

under VFR conditions.

(f) Instrumental Media will obtain the appropriate COA for the 

desired flight area as required and remain in compliance with the 

COA restrictions.

(g) Instrumental Media will file the appropriate NOTAM for the 

desired flight area as required.

(h) Instrumental Media will obtain permission from the property 

owner, authorized agent or controlling agency prior to operation 

at that location.

(i) Instrumental Media will ensure the operational area is posted/

access controlled and the operational area is clear of personnel 

not involved in the UAS flight operation.

(j) The Instrumental Media PIC will complete the manufactures 

preflight checklist as well as the Instrumental Media preflight risk 

assessment sheet.

(k) Instrumental Media will maintain a copy of the current user/

operations manual for the UAS with the ground control station 

during operation.

(l) Instrumental Media will ensure the UA remains clear of and 

yield the right of way to all manned aircraft operations and 

activities at all times.

(m) The UAS will not be operated by the PIC from any moving 

vehicle or device.

(n) Any incident, action, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined 

by the applicable COA will be reported to the FAA’s Integration 

Office (AFS-80) within 24 hours. Accidents will be reported to the 

National Transportation Safety Board (“NTSB”). Further flight 

operations will not be conducted until the incident, accident, or 

transgression is reviewed by the AFS-80 and authorization to 
resume is provided. 
Name and Address of the Petitioner: 

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

Instrumental Media

Attn: Obed McCalip

Ph: (832) 278-8515

Email: obed@instrumentalmedia.tv
BASIS FOR PETITION AND LIST OF EXEMPTIONS FOR 

CONSIDERATION

Based on the facts and descriptions we have provided, we respectfully 

request that the FAA grant Instrumental Media the following requested 

exemptions: 

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 

C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.215; 14 C.F.R. § 

91.405(a) and (d); 14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b). 

14 C.F.R. 21, Subpart H: Airworthiness Certificate

Instrumental Media requests an exemption from 14 C.F.R. 21, Subpart 

H. This Subpart establishes the procedures for the issuance of an 

airworthiness certificate. Instrumental Media requests an exemption 

from Part 21, Subpart H because the UAS meets an equivalent level 

of safety pursuant to Section 333 of the Reform Act due to its small 

size, light weight, and restricted operating environment. 

14 C.F.R 43.11: Records for Inspections

Instrumental Media requests an exemption from 14 C.F.R. 43.11. This 

part provides that maintenance record entries be maintained, that the 

inspector list discrepancies, and to affix placards to the aircraft. Due to 

its small size the UAS proposed for use, does not have room for 

placards to be placed in or on it and no inspections for UAS have 

been certified by FAA at the present time. However, as a condition to 

the grant of the exemption, Instrumental Media will perform the 

inspections and time replaceable items recommended by the 

manufacturer and keep records and log books of all maintenance and 

repairs. 

14 C.F.R 91.103: Preflight Action

Instrumental Media requests an exemption from 14 C.F.R. 91.103. 

This regulation requires each PIC to take certain actions before flight 

to insure the safety of flight. As FAA approved flight manuals will not 
be provided for the UAS, an exemption is needed. The PIC will follow 

the manufactures preflight inspection and complete the Instrumental 

Media preflight risk assessment which includes reviewing weather, 

flight battery requirements, landing and takeoff areas, loss of link plan, 

etc. before flight. 

14 C.F.R 91.105: Flight Crew-members at Stations

Instrumental Media requests an exemption from 14 C.F.R. 91.105. 

Instrumental Media requests an exemption from 14 C.F.R. 91.105 

since this part is not applicable due to the UAS carrying no flight crewmembers. An equivalent level of safety will be maintained by ensuring 

the PIC does not change inflight. In the case of an instructional flight 

the Instructor is the assigned PIC and with the aid of the onboard 

stabilization system, handover of master controller and/or use of 

secondary controller can remain in positive control of the UA flight at 

all times. 

14 C.F.R 91.109: Flight Instruction; Simulated Instrument Flight and 

Certain Tests

Instrumental Media requests an exemption from 14 C.F.R. 91.109. 

Section 91.109 provides that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and 

remotely piloted aircraft, by their design, do not have fully functional 

dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for 

flight instruction in experimental aircraft. The equivalent level of safety 

can be maintained with the onboard stabilization system, automatic 

takeoff and landing feature, and the automatic return home capability. 

In addition a second slave controller or handover of the master 

controller can ensure the PIC/Instructor remains in positive control of 

the UA. Also, increased safety is achieved because the UAS will not 

carry pilots or passengers, and the flight area will be clear of all nonflight essential personnel prior to each flight. 
14 C.F.R 91.119: Minimum Safe Altitudes

Instrumental Media requests an exemption from 14 C.F.R. 91.119. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section 91.119(c) prevents flying an aircraft at an altitude of less than 

500 feet or operating an aircraft closer than 500 feet to any person, 

vessel, vehicle, or structure. As this exemption requests authority to 

operate at altitudes up to 400 feet, an exemption is needed to allow 

such operations. As set forth herein, the UAS will never operate at 

higher than 400 feet above ground level. It will however be operated 

on/over private property with the landowner’s consent. The equivalent 

level of safety will be achieved given the size, weight, limited speed of 

the UAS as well as maintaining a location clear of non-essential 

personnel where it is operated. No flight will be taken without the 

permission of the landowner, authorized official, or controlling agency. 

Compared to flight operations with aircraft or rotorcraft weighing far 

more than the proposed UA’s weight and the lack of flammable fuel on 

the UAS, any risk associated with the UAS operations is far less than 

similar operations with conventional aircraft. 

14 C.F.R 91.121: Altimeter Settings

Instrumental Media requests an exemption from 14 C.F.R. 91.121. 

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “. . .to the 

elevation of the departure airport or an appropriate altimeter setting 

available before departure.” Although the UA does have a barometric 

altimeter sensor, it is not adjustable and relies instead on a GPS 

altitude and ultrasonic sensor for displaying AGL altitude to the PIC 

therefore an exemption is requested. An equivalent level of safety will 

be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight as well as the 

operator receiving live feedback information about the UA, including 

the height of the UA, its forward velocity, and compass heading. The 

operator will be able to observe and limit the maximum height of the 

UA to 400’ AGL or less. Additionally, the UAS will be operated within 

the line of sight of the PIC and VO. 
14 C.F.R 91.151(a): Fuel Requirements for Flight in Visual Flight 

Rules (“VFR”) Conditions Instrumental Media requests an exemption 

from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an individual 

from beginning “a flight in an airplane under visual flight rules 

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: During the day, to fly after that for at 

least 30 minutes; or At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 25 minutes of 

powered flight making it impossible to meet the 30 minute reserve 

requirement in 14 C.F.R. §91.151. Instrumental Media believes that an 

equivalent level of safety can be achieved by limiting flights to 25 

minutes or 30 percent of remaining battery power, whichever happens 

first. This restriction would be more than adequate to return the UA to 

its planned landing zone from anywhere in its limited LOS operating 

area. In addition the UA reports its current battery condition and alerts 

the PIC when battery level is near the desired threshold (30%) for 

returning to the landing position from its current location. 

14 C.F.R 91.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): 

Maintenance Inspections

Instrumental Media requests an exemption from 14 C.F.R. 91.405 (a) 

and (d); 407 (a)(1), 409(a)(2), and 417 (a) and (b). These regulations 

require that an aircraft operator or owner “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 . . .,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. Given that these sections and Part 43 apply 

only to aircraft with an airworthiness certificate, these sections will not 

apply to Instrumental Media. Maintenance will be accomplished by the 

operator pursuant to the manufacturer’s maintenance and user 

manuals for the proposed UAS. An equivalent level of safety will be 

achieved because these small UAS are very limited in size and will 

carry a small camera and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the UAS can land 
immediately and will be operating from no higher than 400 feet above 

ground level. The Instrumental Media performing maintenance will 

hold at least a Light Sport Repairman’s certificate with a maintenance 

rating when performing required maintenance, and keep a log of any 

maintenance performed. 
Summary for the Federal Register

The following summary is provided for publication in the Federal 

Register in accord with 14 C.F.R. Part 11: 

Instrumental Media requests exemptions from the following 

regulations:14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 

91.103;14 C.F.R. § 91.105;14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 

C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.215; 14 C.F.R. 

§ 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1);14 C.F.R. § 91.409(a)

(2); 14 C.F.R. §417(a) and (b) to operate commercially a small 

unmanned aircraft (10 pounds or less) in support of commercial aerial 

photography and videography of events, activities, individual 

commercial, public, and residential properties and structures with the 

owners/operators/coordinators permission and appropriate 

authorization.

Privacy 

All flights will occur over private or controlled access property with the 

landowner’s prior consent and knowledge. Because overflight areas 

will be restricted there is little to no chance that there will be people 

who have not consented to being in close proximity with the UAS 

operation. 
Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012 – size, weight, speed, operating capabilities, proximity to 

airports, operation within visual line of sight within a COA restricted 

area, and no impact to national security – provide more than adequate 

justification for the grant of the requested Exemptions allowing 

Instrumental Media to use the above described UAS for the proposed 

operations. 

We are prepared to modify or amend any part of this request to satisfy 

the need for an equivalent level of safety. Please contact us at any 

time if you require additional information or clarification. We look 

forward to working with your office. 

Sincerely,

Obed McCalip,

Owner, Instrumental Media