Byron J Woods

2468 Everett Rd

Forest VA 24551

bjwinspect@gmail.com. 434-401-4250

January 10, 2016

U.S. Department of Transportation Docket Operations

1200 New Jersey Ave, SE Washington DC, 20590

RE: Exemption Request for Byron Woods. Under Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam,

This document constitutes an exemption Request under Section 333 of the FAA Modernization 

and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography by Byron J 

Woods. The main use of this Unmanned Aircraft System (UAS) would be taking photos of 

buildings and building components that would otherwise require climbing, use of a ladder or 

bucket truck. The UAS systems that I plan to use is a DJI PHANTOM 3 (Phantom 3)and will be 

referenced in this document and also in the attached user manual.

1. UAS Characteristics: DJI PHANTOM 3 maximum take-off weight is 1280g. Max Ascent 

speed 5 m/s. Max Descent speed 3 m/s. Maximum flight Speed 16 m/s (ATTI mode, no 

wind). Hover Accuracy Vertical: +/- 0.1 m Horizontal: +/- 1.5 m. Operating frequency 2.400 

GHz-2.483 GHz. Flight time is limited by the battery to less than 23 minutes. Wth aircraft 

warmup, attaining adequate GPS signal, and doing initial checks for proper operation of 

controls, the actual flying time is generally around 15 minutes maximum. Additional safety 

features on the DJI PHANTOM 3 include, return to home, low voltage, enhanced failsafe 

features. A self check of the system does not allow takeoff if it is not satisfactory. Additional 

characteristics, specifications, and safety features are listed in the manufacturers manual 

which I am attaching. 

2. Personal History: Born 6/26/1956 I'm in good medical health and sound mental health. No 

arrests or charges. The PIC will be only myself and I have a minimum of 150 hours flying 

time with this DJI PHANTOM 3 model. Im a College Graduate, Virginia State Certified Home 

Inspector, Virginia class A Building Contractor, Licensed Realtor, Certified Radon 

Measurement Technician, and hold a Virginia Commercial Driving License.

3. Propose use of UAS: As a certified inspector I am required to have in place a liability 

insurance. As a home inspector most of the photos would be taken with the quad copter 
hovering and the maximum shooting time would be less than 15 minutes. The maximum 

flight elevation is typically going to be no more than 50 feet higher than the subject property, 

with the average subject property being approximately 2 stories or approximately 35 feet in 

height to the top of any roofs or chimneys. Flying will be below 200 feet in elevation. My 

main objective is to be able to view and photo areas of the home that would otherwise 

require using a ladder or bucket truck. I would have permission to inspect subject properties

4. Proposed areas of use: The proximity to airports varies, depends on location of 

assignment or inspection. Most are going to be in rural areas of Central Virginia. The main 

local airport is the Lynchburg RegionalAirport, (LYH) which is 8 miles from my home. 

5. Safety and Benefits to Public Interests: Use of a UAS would be of less risk of damage 

or injury to myself, others or personal property than accessing by climbing, scaling, use of a 

ladder or bucket truck. 

6. Affects on Safety:

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 you seek the exemption

• My UAS weighs 1280 g complete;

• Testing, updating and programming the DJI PHANTOM 3 firmware would be done on 

a monthly schedule

• There is no ability for payload other than the attached camera 

• I will operate my UAS below 200 feet (well within the 400 foot permissible ceiling set 

by the FAA Modernization and Reform Act of 2012);

• My UAS only operate for approximately -15 minutes per flight;

• I land my UAS prior to manufacturer recommended minimum level of battery power;

• I pilot my UAS through remote control only by line of sight;

• I have a UAS assistant/observer at each flight, who also has the UAS in line of sight;

• The UAS has GPS a flight safety feature whereby it hovers and then slowly returns 

to takeoff location and lands if communication with the remote control pilot is lost;

• I actively analyze flight data and other sources of information to constantly update 

and enhance safety protocols;

• I only operate in reasonably safe environment that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas and during 

daylight hours;

• I would abide by other restrictions that may be required of me in granting this petition 
The petitioner requests relief from the following regulations

Title 14, Code of Federal Regulations Part 21 Along with Sections:

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R . 91.119 (a) (b) & (c) 14 C.F.R. 91.121

14 C.F.R. 91.405 (a)

14 C.F.R. 91.407 (a) (1)

14 C.F.R. 91.409 (a) (2)

14 C.F.R. 91.417 (a) & (b):

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing 

design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include only the Roman capital 

letter “N” and the registration number is displayed on limited, restricted or light- sport category 

aircraft or experimental or provisionally certificated aircraft, the operator must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” 

or “provisional,” as applicable.

Reason for relief: The body of the DJI Phantom is too small to support this size of markings.

Action: The UAS will be marked with the business name, contact information and word 

“Provisional” made as large as possible. In addition the serial number is listed with the 

manufacture and searchable on the internet.

Section 61.113 (a) & (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This 

UAS is too small to carry a pilot or passenger and will not carry or deliver any personal property 

for hire. In addition obtaining a private pilot certificate would be an unnecessary requirement 

and/or hardship for the purpose of unmanned aerial photography.

Action: The only payload for this exemption is a camera. No other payload/payloads will be 

allowed.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it 

is in an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the Phantom 3 manual.

Action: an airworthy Pre-flight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom 3 start up if 

communication is not established. A check for power-lines, antennas and other overhead 

objects would be performed. Wind conditions would be monitored and be a factor for flying.
Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight 

Manual.

Action: There are “Checklist before flight” instructions within the remoter control software of the 

Phantom 3 that will be followed.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

Reason for relief: This UAS Phantom quad copter at most times would be operated at less 

than the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that 

over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. Since the typical photo assignment would be photography 

of real estate structures and or vacant land it would be necessary to operate closer than 500 

feet.

Action: Operations will only be flown over property where permission has been obtained and 

careful pre-planned has been performed. If/when the low battery indicator gives warning the 

UAS will be landed in a safe manner.

Due to the small size and weight of the Phantom 3 the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft. Prop guards are used to protect from the 

potential of property damage or personal injury.

Section 91.121 requires, in pertinent part, 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.

Reason for relief: The Phantom 3 is not equipped with an altimeter and can hover within a 10 

foot radius in all directions. There is no minimum cruising speed and it will not be launched from 

an airport.

Action: The above ground level height will be less than 400 feet programmed into the firmware 

and never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected.

Reason for relief: There is no certified inspection facility and the Phantom FC40 will not power 

on if it fails the POST (pre on self test).

Action: In the event that the Phantom 3 needed inspection for any major or intermittent 

problems it would be safer to replace the entire UAS.
Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under section 43.7 of the same chapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by the 

operator. In addition updating firmware when required should be allowed.a

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter.

Reason for relief: There is no certified inspection facility or process for the Phantom 3. 

Estimated flight times for photo shoots would be less than 20 minutes possibly 2 times a week 

which would be approximately 35 hours of flight time.

Action: When any flight or intermittent problem become apparent and is not remedied by a 

simple repair the entire UAS would be replaced by the same model or as close to the DJI 

Phantom 3.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section:

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom 3 this 

could become an overburden for the owner/operator and any regulating agency.

Action: All photo flights for hire would have the date, time, and location along with the camera 

metadata. 

Respectfully,

Byron Woods

2468 Everett Rd

Forest VA 24551

bjwinspect@gmail.com 434-401-4250