UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

FREDERICK H. MEEK (FHM)

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

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

OPERATION OF DJI PHANTOM 2, DJI PHANTOM 3 AND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on September 28, 2015

Frederick H. Meek

6848 Sundrop Street

Harmony, FL 34773

Tel: (407)902-7100
TABLE OF CONTENTS

 Page

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

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

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

BACKGROUND....................................................................................................................4

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH FREDERICK H. 

MEEK SEEKS EXEMPTION...................................................................................6

THE EXTENT OF RELIEF FREDERICK H. MEEK SEEKS AND THE REASON

SEEKS THE RELIEF................................................................................................9

THE REASONS WHY GRANTING FREDERICK H. MEEK REQUEST

WOULD BE IN THE PUBLIC INTEREST...........................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT FREDERICK H. MEEK REQUEST.......................25

CONCLUSION....................................................................................................................25

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

 

3
SUMMARY

Frederick H. Meek (FHM) 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 Frederick H. Meek to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting miscellaneous aerial video and

photography for wedding videography, real estate photography, special events, film

sets, and landscape over certain areas of the Unites States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Frederick H. Meek (hereinafter referred to as “FHM”) is a hobby quadcopter 

operator with 2 years and over 100 hours of flight time on various quadcopters and 

airframes. FHM plans to provide his clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. FHM also

plans to provide its clients with the highest quality digital content for use in their

commercial, personal, and non-profit multimedia projects. FHM has experience in

videography and photography. FHM has recreational/hobby experience in all aspects of 

aerial video and photography. The objective of FHM aerial video and photography

operations is to provide high quality imaging for a variety of wedding, commercial, public,

and residential uses, specifically targeting:

• Wedding Videography and Photography

• Motion Picture Filming

• Real Estate Videography and Photography

• Construction sites before and after

• Search and Rescue operations

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision +, DJI Phantom 3 Professional UASs

FHM seeks an exemption to operate DJI systems for compensation or hire within 

the NAS. The DJI Phantom 2 Vision + and DJI Phantom 3 Professional are 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 Vision + and DJI 

Phantom 3 has a maximum gross weight of approximately 2 pounds 11 ounces, while

having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed

of approximately 29 knots.

The DJI Phantom 2 Vision + and DJI Phantom 3 Professional UAs are equipped

with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision + and DJI Phantom 3 Professional UAs that will be

operated by FHM 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.

 

4
BASIS FOR PETITION

Petitioner, FHM, pursuant to the provisions of the Federal Aviation Regulations (14

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

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

commercially operate DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs 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, FHM operation of DJI Phantom 2 Vision + 

and DJI Phantom 3 Professional UASs 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, FHM 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.

FHM submits that the requested relief is proper since an equivalent level of safety

will be ensured. FHM will use experienced personnel or technicians to perform 

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

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

Maintenance Log, and DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs 

Instruction Manual). Furthermore, FHM will document and maintain all maintenance

records for the DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs.

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

privileges and limitations: Pilot in command, is requested by FHM to the extent necessary to

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as 

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 Vision + 

and DJI Phantom 3 Professional UASs in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

FHM seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs do not require an

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

submits that he will ensure that the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

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

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

Phantom 2 Vision + and DJI Phantom 3 Professional Instruction Manual), and that the

aircraft are in a condition for safe flight.

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

Altimeter Settings, as the DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs

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

DJI Phantom 2 Vision + and DJI Phantom 3 Professional UASs 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 FHM operation of the DJI 

Phantom 2 Vision + and DJI Phantom 3 Professional UASs within visual line of sight, at

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

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Additionally, FHM seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. FHM submits that safety will not be

affected by operation of the within visual line of sight, at or below 400 feet AGL, will

ensure a level of safety equivalent to Section 91.121during daylight hours in visual

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

power to fly for a total duration of approximately 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.

In accordance with 14 C.F.R. § 11.81, FHM provides the following information in

support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Frederick H. Meek

6848 Sundrop Street

Harmony, FL 34773

Email: mrfhm@aol.com

B. The Specific Sections Of 14 C.F.R. from Which FHM Seeks Exemption.

1. FHM 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. FHM 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. FHM Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part:

 6
(a) Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may be, by reference to an altimeter that is set, when

operating--

(1) Below 18,000 feet MSL, to--

(I) The current reported altimeter setting of a station along the route and within

100 nautical miles of the aircraft;

(II) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station; or

(III)In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure.

4. FHM 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. FHM 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. FHM 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. FHM Seeks Exemption From The Requirements Of Sections 91.409(a)(1) 

And 91.409(a)(2).

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

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

aircraft unless, within the preceding 12 calendar months, it has had –

7
(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. FHM 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.

8
(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. 8

(b) The owner or operator shall retain the following records for the 

periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

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

work is performed.

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

and transferred with the aircraft at the time the aircraft is sold.

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

of this chapter shall be retained until the defects are repaired and the aircraft

is approved for return to service.

C. The Extent Of Relief FHM Seeks And The Reason FHM Seeks The Relief.

1. Extent Of Relief FHM Seeks And The Reason FHM Seeks Relief From

Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below, FHM submits that an equivalent level of safety will be 

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

DJI Phantom 3 Professional UAS unless that PIC has met certain flight-hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 

Vision + UAS or DJI Phantom 3 Professional 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, FHM submits that all flights of the DJI Phantom 2 Vision + or DJI Phantom 3 

Professional UASs, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to FHM business; and (2) will not carry passengers or property for 

compensation or hire.

9
2. Extent Of Relief FHM Seeks And The Reason FHM 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 FHM to determine that the DJI Phantom 2 Vision + or DJI Phantom

3 Professional UASs are in airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents (i.e., the FHM Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS).

FHM seeks the requested relief because the DJI Phantom 2 Vision + or DJI Phantom

3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R.

Part

21, Subpart H. Therefore, FHM will ensure that the DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UASs are in airworthy condition based upon its compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision + or DJI 

Phantom 3 Professional 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 Relief FHM Seeks And The Reason FHM Seeks Relief From

Section 91.121.

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

flight operations of the DJI Phantom 2 Vision + or DJI Phantom 3 Professional UASs, 

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),

FHM seeks the requested relief because the DJI Phantom 2 Vision + or DJI Phantom 3 

Professional 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 

limitations stated below. As more fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 2 Vision + or DJI Phantom 3 Professional UAs are

equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and

provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief FHM Seeks And The Reason FHM 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 

DJI Phantom 2 Vision + or DJI Phantom 3 Professional UAs during daylight hours in

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

duration of13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

FHM seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision + or DJI 

Phantom 3 Professional UAs will severely constrain the practicality of any aerial video or 

still photo flight operations that FHM proposes to conduct pursuant to this Petition.

10
Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

Vision + UAS or DJI Phantom 3 Professional operating documents, and FHM proposed

operating limitations, ensure that FHM will safely operate the battery powered DJI Phantom

2 Vision + or DJI Phantom 3 Professional UAs during daylight hours in visual

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

power to fly for a total duration of 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 FHM Seeks And The Reason FHM 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, FHM requests relief from these 

Sections because the DJI Phantom 2 Vision + or DJI Phantom 3 Professional UASs do not

require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision + 

UAS or DJI Phantom 3 Professional UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, FHM will use trained

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

using the methods, techniques, and practices prescribed in the UAS operating documents

(i.e., the FHM Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 Vision + or DJI Phantom 3 Professional Instruction Manual). Furthermore,

FHM will document and maintain all maintenance records for the DJI Phantom 2 Vision + 

UAS or DJI Phantom 3 Professional UASs.

D. The Reasons Why Granting FHM 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 FHM to 

safely, efficiently, and economically perform aerial video and photography for wedding 

films, real estate, special events, film sets, and landscape over certain areas of the United 

States.

Additionally, use of the DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS will decrease congestion of the NAS, reduce pollution, and provide

significant benefits to the economy. Notably, the benefits of FHM proposed operation of 

the DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS will be realized

without implicating any privacy issues.

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

The DJI Phantom 2 Vision + or DJI Phantom 3 Professional UAs are battery powered

and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to 

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision + UAS 

or DJI Phantom 3 Professional 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 Vision + UAS or DJI Phantom 3 Professional 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.

11
2. The Public Will Benefit From The Safety And Efficiency Of The 

DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by 

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

video and still photography flight operations. By using battery power and electric motors, the

DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS produce no air pollution,

and is the most viable environmentally conscious alternative to the cabin class, six cylinder

internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel.

The DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS, while reducing the

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are

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

By using the DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS to

perform aerial acquisitions, the substantial risk to life and property in the air and on 

the ground, which is usually associated with traditional manned aircraft flight

operations, will be substantially reduced or completely eliminated. Aside from the lack

of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision + UAS 

or DJI Phantom 3 Professional UAS (weighing approximately 2 pounds 11 ounces) at

their maximum gross weights with lengths of 16 inches and widths of 16 inches (with

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

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

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

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The

DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS

Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UAS are also an economical alternative to using manned aircraft to

conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision + UAS 

or DJI Phantom 3 Professional UAS will allow United States based companies, like FHM,

to go into business, become competitive and contribute to growth of the U.S. economy.

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated

companies must adopt new and alternative technology in order to remain competitive.

Operating the battery powered DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional 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, DJI Phantom 3 and DJI Inspire 1 UASs, future 

companies such as FHM, can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to growth

of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional 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.

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4. There Are No Privacy Issues.

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

decades, DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UAS will be operated only in compliance with operating 

documents (i.e., the FHM Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS Instruction

Manual) which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

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

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

Provided By The Rule From Which Disto Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS Meet The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333.

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

with the unmanned aircraft and its operation, FHM operation of the DJI Phantom 2 Vision + 

UAS or DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the Secretary 

of Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act.

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

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

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

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

populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose a 

threat to national security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

13
(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, FHM submits that the DJI Phantom 2 Vision + UAS or 

DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of DJI Phantom 2 Vision + UAS 

or DJI Phantom 3 Professional UAS (b) the pilot certification requirement; and (c) the

specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional UAS do not

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision + UAS or DJI 

Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS are set forth by DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS Specifications and Data Sheet, attached hereto as Exhibit A and 

B.

ii. The DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS Autonomous Flight And Navigation Modes

Enable The UASs To Remain Within A Defined Operational

Area.

DJI Phantom 2 Vision + UAS or DJI Phantom 3 Professional 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 Vision + UAS or DJI Phantom

3 Professional UAS is provided in the DJI Phantom 2 Vision + and the DJI Phantom 3 

Professional User Manuals, attached hereto as Exhibit D and E.

iii. The DJI Phantom 2 Vision + or DJI Phantom 3 UASs Are

Designed For Automatic Return To Home Point Or Hover In 

The Event Of Loss Of The Control Link Or Navigation.

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

UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the

DJI Phantom 2 Vision + and DJI Phantom 3 Professional UAs do not reacquire

control link data from the GCS, the UAs will assume that the Control Link is lost

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

descend to the takeoff position and shutdown. A complete description of the

Failsafe Functions of the DJI Phantom 2 Vision + UAS or DJI Phantom 3 

Professional UAS is provided in the DJI Phantom 2 Vision + and the DJI Phantom 

3 Professional User Manuals attached hereto as Exhibit D and E.

14
iv. The DJI Phantom 2 Vision + and DJI Phantom 3 Professional GCS

And Its Operation.

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

+ and DJI Phantom 3 Professional GCS and flight control software is provided in the DJI 

Phantom 3 Professional Users Manual. DJI Phantom 2 Vision + and DJI Phantom 3 

Professional User Manuals are attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 2 Vision + and DJI Phantom 3

Professional UASs Are Limited To The Line Of Sight Of A Certificated

Pilot in Command With A Safety Observer.

FHM will only utilize certificated pilots who possess a current and valid airman 

medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision + and 

DJI Phantom 3 Professional UASs. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, FHM proposes to commercially operate DJI Phantom

2 Vision + and DJI Phantom 3 Professional UASs for the special purpose of 

conducting aerial video and photography over certain areas of United States,

pursuant to the following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 2 Vision + and DJI 

Phantom 3 Professional 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 UA must be operated at an altitude of no more than 500 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.

15
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 (AFS-80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the

UAS operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies,

e.g. inoperable components, items, or equipment, not already covered in

the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

16
14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs operated under this exemption must comply with all

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a

current third- class medical certificate.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 

C.F.R.§ 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may

only be conducted during dedicated training sessions. During training,

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

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

with appropriate distance from nonparticipantsin accordance with 14 C.F.R.

§91.119.

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

§1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

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

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

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

conducted in accordance with a NOTAM as required by the operator’s COA. 

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

the Administrator upon request.

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

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

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a

pre- determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

17
23. The PIC must abort the flight in the event of unpredicted obstacles

or emergencies in accordance with the operating documents.

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

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

cruising speed to the intended landing point and land the UA with 25% 

battery power remaining.

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

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under the grant of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations shall be

conducted in accordance with airspace requirements in the ATO issued COA 

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

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

by serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

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

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

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

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

aviation operations and activities at all times.

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

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

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately and/or;

18
b. The aircraft is operated near vessels, vehicles or structures where the 

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

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a).

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

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

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

vertical boundaries of the operational area as defined by the applicable COA 

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

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

FHM submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision + and DJI Phantom 3 Professional UASs unless that PIC has demonstrated, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 Vision + or DJI Phantom 3 Professional UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering FHM proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship 

skills necessary to safely operate the DJI Phantom 2 Vision + or DJI Phantom 3

Professional UAS, FHM submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

FHM 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).

FHM will not allow any PIC to operate the DJI Phantom 2 Vision + and DJI Phantom 3 

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

requirements or the DJI Phantom 2 Vision + or DJI Phantom 3 Professional UAS 

training and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 2 Vision + or DJI Phantom 3 Professional UAS in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

19
Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during FHM 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 experiencebuilding 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, FHM will ensure safe operations by not allowing any PIC to operate

the DJI Phantom 2 Vision + and DJI Phantom 3 Professional UAS unless that PIC 

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

the PIC is able to safely operate the DJI Phantom 2 Vision + and DJI Phantom 3 

Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

20
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, FHM will ensure that the DJI Phantom

2 Vision + and DJI Phantom 3 Professional UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in

the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a)

specific to UAS, in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112,11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be

maintained because the altitude information of the DJI Phantom 2 Vision + 

and DJI Phantom 3 Professional UAS will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path and altitude.

This altitude information, combined with FHM operation of the DJI Phantom

2 Vision + and DJI Phantom 3 Professional UAS within visual line of sight,

at or below 500 feet AGL, will ensure a level of safety equivalent to Section

91.121. The altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation

point is automatically established by the UASs 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. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11112, 11136, 11138,11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety

established by14 C.F.R. Section 91.151(b) as a result of (1) the technical

specifications of the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UAS; (2) the limitations on the proposed flight operations; and (3) the location of 

the proposed flight operations. Accordingly, FHM will ensure that it will safely

operate the battery powered DJI Phantom 2 Vision + and DJI Phantom 3 

Professional UAS during daylight hours in VFR conditions, 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.

21
Here, as in Exemption No. 11109, the technical specifications of the DJI 

Phantom 2Vision + and DJI Phantom 3 Professional UAS; the limitations on the

proposed flight operations; and the location of the proposed operations, will

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 2 Vision + and DJI 

Phantom 3 Professional UAS provide audible and visual warnings to the PIC at

the GCS when the UAs experiences low battery voltage, the first warning

occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level,

the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 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, 11110, 

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

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, FHM 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 FHM will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs 

using the methods, techniques, and practices prescribed in theoperating

documents (i.e., the FHM Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 2 Vision + and DJI Phantom 3 Professional UAS

Instruction Manual).Furthermore, FHM will document and maintain all

maintenance records for the DJI Phantom 2 Vision + and DJI Phantom 3 

Professional UAS.

Since the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UAS will be inspected as prescribed by the operating documents, FHM will

maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision + and DJI 

Phantom 3 Professional UAS User Manuals are attached hereto as Exhibit D 

and E; a copy of the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UAS Maintenance LOG is attached hereto as Exhibit F.

Likewise, the exemption sought will not adversely affect safety

because FHM 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.

22
Furthermore, the exemption sought would maintain an equivalent level

of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all

maintenance of the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

establish that safety is not adversely affected when the technical characteristics

and operating limitations of the UAS are considered.

In consideration of FHM proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 Vision + and DJI 

Phantom 3 Professional UASs, FHM 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, FHM requests that the FAA prescribe special conditions for the

intended operation of the DJI Phantom 2 Vision + and DJI Phantom 3 

Professional UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) &

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

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

operation of the UAs for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire.

FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security; and further, provides the authority for such

UAS to operate without airworthiness certification in accordance with any 

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

the NAS.

Likewise, the Administrator may prescribe special conditions pursuant

to 14 C.F.R.§21.16, for operation of the DJI Phantom 2 Vision + and DJI 

Phantom 3 Professional UASs, since the airworthiness regulations of 14 C.F.R.

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

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

Conditions, states the following:

23
If the FAA finds that the airworthiness regulations of this

subchapter do not contain adequate or appropriate safety

standards for an aircraft, aircraft engine, or propeller because of 

a novel or unusual design feature of the aircraft, aircraft engine

or propeller, he prescribes special conditions and amendments

thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safety equivalent to

that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 

21.16, the FAA may prescribe special conditions for FHM’s intended

operation of the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UASs, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a),

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

91.417(a) & (b).

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

From Which FHM Seeks

Exemption:

FHM seeks exemption from the requirements of 14 C.F.R Sections

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

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

A Brief Description Of The Nature Of The Exemption FHM Seeks:

This exemption will permit FHM to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over 

certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support FHM

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, FHM 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, FHM will operate the DJI 

Phantom 2 Vision + and DJI Phantom 3 Professional UASs safely in the NAS, 

without creating a hazard to users of the NAS, or the public, or otherwise pose a

threat to national security.

24
CONCLUSION

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

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

permit safe operation of the DJI Phantom 2 Vision + and DJI Phantom 3 Professional 

UASs 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 FHM to safely, efficiently, and economically operate the DJI 

Phantom 2 Vision + and DJI Phantom 3 Professional UASs commercially within the

NAS.

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

Modernization and Reform Act of 2012, Section 333, FHM 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 FHM to operate the DJI Phantom 2 Vision + and 

DJI Phantom 3 Professional UASs commercially for the purpose of conducting aerial video

and photography over certain areas of the United States.

Dated: September 10, 2015

Respectfully 

submitted, FHM

Frederick Howard Meek

6848 Sundrop Street

Harmony, FL 34773

(407)902-7100

mrfhm@aol.com

Appendices:

A – DJI Phantom 2 Specifications Data Sheet 

B – DJI Phantom 3 Specifications Data Sheet 

C – DJI Inspire 1 Specifications Data Sheet

D – DJI Phantom 2 Manufacturer’s User Manual

E – DJI Inspire 1 Manufacturer’s User Manual

F – Monthly Maintenance Log

25
APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

FHM 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 (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

1.1.3.5 HD Video Recording – 1080p30 & 720p

1.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

26
APPENDIX – B

DJI PHANTOM 3 PROFESSIONAL 

TECHNICAL SPECIFICATIONS

FHM 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 (smart phone/tablet devices)

2.1 DJI Phantom 3 Professional

2.1.1 Aircraft

2.1.1.1 Supported Battery – DJI 4480mAh LiPo

2.1.1.2 Weight (Battery & Propellers Included) – 1280 g

2.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: 10cm; Horizontal: 1m

2.1.1.4 Max Ascent Speed – 5m/s

2.1.1.5 Max Descent Speed – 3m/s

2.1.1.6 Max Flight Speed – 16m/s (ATTI mode, no wind)

2.1.2 Gimbal

2.1.2.1 Controllable Range – Pitch: -900 + 300

2.1.2.2 Stabilization – 3-zxis (pitch, roll, yaw)

2.1.3 Camera

2.1.3.1 Sensor – Sony EXMOR

2.1.3.2 Sensor Size – 1/2.3”

2.1.3.3 Effective Pixels – 12.4M

2.1.3.4 Video Recording Mode – 4096x2160p, 3840x2160p, 1920x1080p,

1280x720p

2.1.4 Remote Controller

2.1.4.1 Operating Frequency – 2.400GHz – 1.483GHz

2.1.4.2 Max Distance – 2000m

2.1.4.3 Receiver Sensitivity (1%PER) -101dBm+/-2dBm

2.1.4.4 Transmitter Power (EIRP) – FCC: 20dBm, CE: 16dBm

2.1.4.5 Working Voltage – 12A@7.4V

 27
APPENDIX – C

DJI PHANTOM 2 VISION+

MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

28
APPENDIX – D

DJI PHANTOM 3 PROFESSIONAL

MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf

29
APPENDIX – E

MONTHLY MAINTENANCE LOG

Month: 

Year: 

UAS DATE ISSUE 

DISCOVERED

DATE ISSUE 

ADDRESSED

ISSUE DESCRIPTION AND 

MAINTENANCE CONDUCTED

MAINTENANCE PERFORMED BY 

(print and sign)

Software Updates

Airframe

Engines

Propellers

Camera/Gimbal

Vibration/Dampening

Other

30