January 11, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulation 

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, David Johnston with Johnston Photography, herby applies an exemption 

from the listed Federal Aviation Regulations (“FAR”) to allow commercial operation of its 

UAS’s, so long as such operations are conducted within and under the conditions outlines herein 

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

The requested exemption would permit Johnston Photography the operation of an unmanned 

UAS under controlled conditions to allow them to shoot: 

✤ Aerial photography for public and/or private use including real estate, architecture, 

commercial developments, private individuals and other related professional 

activities. 

✤ Aerial video for public and/or private use including real estate, architecture, 

commercial developments, private individuals and other related professional 

activities. 

The requested exemption would permit the operation of the UAS under controlled conditions in 

the NAS that would be a) limited b) controlled and c) predetermined. Johnston Photography 

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intends to use the 3DR Solo to better existing photography service and feels that in doing so 

limits the impact to the environment on fuel usage, noise factor and the safety of a small 5 pound 

aircraft as opposed to aircraft weighing hundreds of pounds will benefit all involved. This will 

also allow us to get a much desired lower angle aerial photograph than is currently possible to 

achieve with manned aircraft while still operating in a much safer manner.

The name and address of the applicant is: 

Associated International Marketing Inc. 

Johnston Photography 

Attn: David Johnston 

Email: contact@johnstonphoto.com

1915 N.W. 13th Street, 

Gainesville, Florida 32609 

(352) 372-2512 

Regulations from which the exemption is requested: 

 14 C.F.R. Part 21 (H) 

 14 C.F.R. 45.23 (b) 

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

 14 C.F.R. 61.133 (a) 

 14 C.F.R. 91.7 (a) 

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

 14 C.F.R. 91.103 

 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) 

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 14 C.F.R. 91.203 (a) & (b) 

 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) 

Johnston Photography seeks exemption of these regulations for the following UASs for 

compensation or hire: (Manuals available) 

• 3DR Solo

Total weight (with battery): 3.3 lbs 

Dimensions: Height 10.2 in, Motor-to-motor 18.1 in 

Max Ascent Speed: 5 m/s (11 mph) 

Max Descent Speed: 2.5 m/s (5 mph)

Under still air the maximum speed is ~55 mph (24.5 m/s)

Max altitude: 400 ft

Max altitude above sea level: 10,000 ft

Operating Temperature: 32F to 113F

Max flight time: 25 minutes

Payload max capacity: 1.1 lbs

GPS Mode: 3DR uBlox GPS with compass (LEA-6H module, 5 Hz update)

The 3DRIris+ has the ability to hover and move along a vertical and horizontal plane 

simultaneously.

Four 880 kV motors, four 10x4.5 in self-tightening propellers

Intelligent Flight Battery: lithium polymer, 5200 mAh, 14.8 Vdc

The 3DR Solo remote controller has an operating frequency of 2.4 GHz for telemetry and 

control.

Maximum transmission distance: up to 2,500 ft (outdoors and unobstructed)

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UserManualLocation: https://3drobotics.com/wp-content/uploads/2016/01/

v8_01_05_16.pdf 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impact, including but not limited to 

reduce emissions and noise, the grant of the requested exemption is in the public interest. 

The operation of the aircraft will abide by the aircraft and equivalent level of safety. These 

limitations and conditions to which Johnston Photography aggress to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within the line of sight of the PIC (Pilot in Command) or VO 

(Visual Observer). 

3. The UAS will have a maximum operating speed of no more than 87 knots or 100 mph, or 

the maximum airspeed recommended by the manufacturer (whichever is lowest). 

4. The maximum total flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 20% battery power reserve should that occur prior to the 25 minute limit. 

5. Flight will be operated at an altitude of no more than 300 feet AGL (Above Ground 

Level) and not more than 200 feet above the highest point on the structure being filmed. 

6. Minimum crew for each operation will consist of the UAS pilot, the VO and may include 

but not limited to a Camera Operator. 

7. If the PIC feels another operator to be qualified with the necessary skills to be PIC, that 

person may be designated PIC provided they have a minimum of 20 hours of flight time 

with the UAS. 

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8. A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of all the days’ production activities. All flights will occur under Visual 

Flight Rules Meteorological Conditions (VFR) only. 

9. The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport 

10. If operation will be within a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be 

contact advising them of the estimated flight time, flight duration, elevation of flight and 

other pertinent information. 

11. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 

12. The PIC and VO will be able to communicate by voice or radio at all times. 

13. Written and/or verbal permission and permits will be obtained from territorial, state, 

county, or city jurisdictions, including law enforcement, fire, or other appropriate 

governmental agencies. 

14. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a designated 

location and land. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)(1) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Air-worthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR§ 91.203(a). Given the size of the 3DR Solo, its 

very light weight (the maximum take-off weight is less than 5 pounds) and the limited operating 

area associated with its utilization, it is unnecessary to go through the certificate of airworthiness 

process under Part 21 Subpart H in order to achieve or exceed current safety levels. The FAA has 

determined that no exemption is required of this section if a finding is made under the Reform 

Act that the sUAS selected provides an equivalent level of safety when compared to aircraft 

normally used for the same application. As the aircraft specified in this exemption request meet 

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the size, weight, speed and other characteristics of sUAS aircraft specified in previously 

approved exemption requests, no exemption is believed to be needed. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL' in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAS, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the underside of the UAS in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the UAS marked on its underside 

as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

The regulation provide that no person may serve as a required pilot flight crew member" of a 

civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the 

privileges of that pilot certificate or authorization. However, when the aircraft is operated 

within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to ad 

as pilot in command of an aircraft in connection with any business or employment if:

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(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire.

Because the 3DR Solo will not/can not carry a pilot or passengers, the proposed operations can 

be achieved using the safety features of the 3DR Solo and the fact that the missions are preprogrammed and monitored in real-time, Johnston Photography proposes that operators of the 

3DR Solo should not be required to hold a commercial or private pilot certification. The 

equivalent level of safety will be achieved by having an operator with over 50 hours of flight 

time with the 3DR Solo and has completed the 3DR manufacturers training videos on assembly, 

maintenance, pre-flight, flight and landing procedures. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard exists for determining airworthiness.

Johnston Photography has created a safety check sheet to follow prior to each flight to ensure 

safety. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We request an exemption to this requirement since the aircraft is not 

only too small to carry documentation, but the documentation would not be available to the crew, 

as there is no flight crew on board.

The equivalent level of safety will be achieved by keeping a hard copy of the 3DR Solo user 

manual in the transport box that will be within reach of the operator at all times.

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14 C.F.R. § 91.103: Preflight Action

This regulation requires each operator to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided. The operator will take 

all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction 

Section 91.103 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.

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 provided by the fact that neither a pilot nor passengers 

will/can be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes

The UAS will never operate at higher than 400 AGL. It will be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without their 

pre-obtained consent. No flight will be taken without the permission of the property owner or 

local officials.

14 C.F.R. §91.121 Altimeter Settings

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." As the UAV may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

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will be achieved by the operator, confirming the altitude of the launch site shown on the GPS 

altitude indicator before and during flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery for the 3DR Solo has a max flight time of 25 minutes therefore cannot meet the 30 

minutes flight time. Johnston Photography believes that an equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 20% of battery power. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may 

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS.

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

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 

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that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant.

Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited in size 

and will carry a small payload and operate only in restricted areas for a limited period of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher than 

400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be 

achieved because maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual.

Johnston Photography thanks you for your time and consideration for the requested exemptions. 

We believe that in doing so will enhance safety and add a new perspective to the photography 

industry safely and with no impact to the environment. If you have any questions or require any 

further questions please feel free to contact us. Thank you. 

Sincerely, 

David Johnston 

Johnston Photography 

1915 N.W. 13th Street, 

Gainesville, Florida 32609 

Email: contact@johnstonphoto.com

(352) 372-2512

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