UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERALAVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

John Robert West II 

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 CARBON CORE OCTOCOPTER/DJI PHANTOM 3 PROFESSIONAL QC 

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THEFAAMODERNIZATIONANDREFORMACTOF2012

(PUBLICLAW112-95)

Submitted on May 28, 2015

John Robert West II 

44 Old Country Road

Westhampton NY, 11977
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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.............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH John Robert West II 

SEEKS EXEMPTION...............................................................................................8

THE EXTENT OF RELIEF John Robert West II SEEKS AND THE REASON

John Robert West II SEEKS THE RELIEF..........................................................11

THE REASONS WHY GRANTING John Robert West II 's REQUEST

WOULD BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT John Robert West II 's REQUEST......................34

CONCLUSION....................................................................................................................35

APPENDICES.........................................................................................36
3

GLOSSARY OFABBREVIATIONS

AGL Above Ground Level

AOI Area of Interrst

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

HH Horizon Hobby Blade 350QX2AP 

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 Take-Off and Landing 
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SUMMARY

John Robert West 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 to operate an Unmanned Aircraft System (UAS) for the commercial purpose

of conducting aerial video and photography of construction sites, real estate and landscape

over certain areas of the United States.

INTRODUCTIONANDINTERESTSOFTHEPETITIONER

John Robert West II provides his clients with a unique perspective on the 

services that they provide and knowledge in drone safety in advanced

photography and video solutions to increase efficiency, productivity and 

effectiveness.

John Robert West II has over 4 years of experience in Photographic and Video

Technology. He has over 4 years recreational and hobby experience in all aspects of aerial 

video and photography. The objective of John Robert West II 's aerial video and 

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

public, and residential uses, specifically targeting:

Construction sites before, after and during

Appraisals

Real-estate marketing

Aerial acquisitions used for inspections of public and private structures. 

Search and Rescue operations
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BACKG

ROUND

Unmanned Aircraft Systems: , DJI Phantom 3 Professional QC UAS's

John Robert West II seeks an exemption to operate DJI Phantom 3 Professional QC 

for compensation or hire within the NAS. The DJI Phantom 3 Professional QC is a vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) Utilizing a 2.4ghz Remote Control

system. The DJI Phantom 3 Professional has a maximum gross weight of approximately 

1280 g, while having a diagonal size of 590mm, and a maximum speed of approximately 

16 knots.

The DJI Phantom 3 Professional QC UAS's that will be operated by John 

Robert West II 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.

BASISFOR

PETITION

Petitioner, John Robert West II, 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 the And DJI Phantom 3 Professional QC UAS's 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).
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In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, John Robert West II operation of and DJI 

Phantom 3 Professional QC UAS's meets the conditions of FMRA Section 333 and 

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

Subpart H.

Accordingly,John Robert West II 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.

John Robert West II submits that the requested relief is proper since an equivalent

level of safety will be ensured. John Robert West II will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS's 

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

Monthly Maintenance Log, and DJI Phantom 3 Professional QC Instruction Manual). 

Furthermore, John Robert West II will document and maintain all maintenance records for 

the and DJI Phantom 3 Professional QC UAS's. Relief from certain requirements of Section 

61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is 

requested by John Robert West II 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 current

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional QC 

UAS's in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.
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John Robert West II seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 Professional QC UAS's do not require an 

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

Robert West II submits that he will ensure that the Phantom 3 UAS's is in an airworthy

condition, prior to every flight, by determining that the UAS's are in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional 

QC Instruction Manual), and that the aircraft are in a condition for safe flight. John 

Robert West II also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom 3 Professional QC UAS's will not have a typical

barometric altimeter onboard. However, altitude information of the and DJI Phantom 3 

Professional QC UAS's will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the 

UAS to the GCS for active monitoring of the flight path. This altitude information, 

combined with John Robert West II's operation of the DJI Phantom 3 Professional QC 

UAS's within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121.

Additionally, John Robert West II seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. John Robert

West II's submits that safety will not be affected by operation of the and DJI Phantom 3 

Professional QC UAS's during daylight hours in visual meteorological conditions (VMC)

under visual flight rules (VFR), with enough battery power to fly for a total duration of 

approximately 10 minutes for the intended photo shoot and, assuming normal cruising 

speed, to fly after that for at least 2.5 minutes for recovery and landing. In accordance with 
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14 C.F.R. § 11.81, John Robert West II 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: 

John Robert West II 

44 Old Country Road

Westhampton NY 11977

Email: jrwpics1@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which John Robert West II seeks

Exemption

1. John Robert West II 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.John Robert West II seeks Exemption From The Requirements Of

Section 91.7(a).
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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. John Robert West II seeks Exemption From The Requirements Of Section

91.121.

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

part:

(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. John Robert West II seeks Exemption From The Requirements Of

Section91.151(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. John Robert West II seeks Exemption From The Requirement Of

Section91.405(a).
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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. John Robert West II 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. John Robert West II 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 --

(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. John Robert West II 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:
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(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.

(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.

(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.
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(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 John Robert West II seeks And The Reason John Robert West 

II seeks The Relief.

1. Extent Of Relief John Robert West II seeks And The John Robert 

West II 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, John Robert West II submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional QC UAS's unless that PIC has met certain flight-hour and current

requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 

Professional QC UAS's 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. 
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Further, John Robert West II submits that all flights of the DJI Phantom 3 Professional QC UAS's, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to John Robert 

West II business; and (2) will not carry passengers or property for compensation or hire.

2.Extent Of Relief John Robert West II seeks And The Reason John Robert West II 

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 John Robert West II to determine that the DJI Phantom 3 Professional 

QC UAS's are in airworthy condition prior to every flight by ensuring that the UAS is in 

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

Phantom 3 Professional QC manuals.

John Robert West II seeks the requested relief because the DJI Phantom 3 Professional 

QC UAS's do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, John Robert West II will ensure that the DJI Phantom 3 

Professional QC UAS's are in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional QC 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 John Robert West II seeks And The Reason John Robert West II 

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 3 Professional QC UAS's, 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 controller. Since the FAA requires that any

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet

above ground level (AGL), John Robert West II seeks the requested relief because the DJI
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Phantom 3 Professional QC UAS’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 3 Professional QC UAS's 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 controller.

4. Extent Of Relief John Robert West II seeks And The Reason John Robert West II 

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 Phantom 3 Professional 

QC UAS's during daylight hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), for a total duration of 10 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 2.5 minutes. John Robert West II seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time duration of 

the battery powered and DJI Phantom 3 Professional QC UAS's will severely constrain the 

practicality of any aerial video or still photo flight operations that John Robert West II proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Professional QC UAS's, and the DJI Phantom 3 Professional QC operating documents and John 

Robert West II proposed operating limitations, ensure that John Robert West II will safely operate 

the battery powered DJI Phantom 3 Professional QC UAS's during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly 
15

15

for a total duration of 10 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 2.5 minutes.

5.Extent Of Relief John Robert West II seeks And The Reason John 

Robert West II 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, John Robert West II requests relief from these 

Sections because the DJI Phantom 3 Professional QC UAS's do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 Professional QC UAS's meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

John Robert West II will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS's using the methods, techniques, and practices prescribed in the UAS 

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

Phantom 3 Professional QC Instruction Manual). Furthermore, John Robert West II will document

and maintain all maintenance records for the DJI Phantom 3 Professional QC UAS's.

D. The Reasons Why Granting John Robert West II Request Would Be In The

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing John Robert West II to

safely, efficiently, and economically perform aerial video and photography of construction sites, real

estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional QC UAS's will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

Notably, the benefits of John Robert West II’s proposed operation of the DJI Phantom 3 

Professional QC UAS's will be realized without implicating any privacy issues.
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1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional QC UAS's 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 the DJI Phantom 3 Professional QC UAS's 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 3 Professional QC UAS's 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.

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

Phantom 3 Professional QC UAS's.

Conducting aerial acquisitions with the DJI Phantom 3 Professional QC UAS's 

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 3 Professional QC UAS's 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 3 Professional QC UAS's, while reducing the carbon footprint of aerial 
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acquisitions, also eliminates noise pollution, as the UA's are propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional QC UAS's 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 3 Professional QC UAS's (weighing approximately 1280g with Battery and Propellers 

respectively, at their maximum gross weights with respectively (and 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, and a fuel capacity of 180 gallons.

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

Professional QC UAS's Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional QC UAS's are 

also an economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 3 Professional QC UAS's will allow United States based 

companies, like John Robert West II to remain 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 3 Professional QC UAS's 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.
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By operating the DJI Phantom 3 Professional QC UAS's, companies such as John 

Robert West II’s 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 3 Professional QC UAS's, 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.

4.There Are No Privacy Issues.

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

John Robert West II’s proposed operation of the DJI Phantom 3 Professional QC UAS's will not

implicate any privacy issues. Specifically, the DJI Phantom 3 Professional QC UAS's will be 

operated only in compliance with operating documents (i.e.Aerial Operations Manual, Monthly 

Maintenance Log, and the DJI Phantom 3 Professional QC Instruction Manual's) 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 John Robert West II Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional QC UAS's 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, John Robert West II’s operation of the DJI 

Phantom 3 Professional QC UAS's 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.
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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.
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(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).

(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, John Robert West II submits that the DJI Phantom 3 

Professional QC UAS's can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional QC UAS's; (b) 

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional QC UAS's

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional QC 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.

ii. The DJI Phantom 3 Professional QC UAS's Autonomous 

Flight And Navigation Modes Enable The UAS's To Remain

Within A Defined Operational Area.

The may be operated in both manual and fully autonomous flight modes. The 

DJI Phantom 3 Professional QC may be operated in manual flight mode only. A complete 

description of the flight and navigational modes of the DJI Phantom 3 Professional QC 
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UAS's is provided at pages 23-32 of the DJI and pages 8 & 11 of the DJI Phantom 3 

Professional QC User Manuals, attached hereto as Exhibit C and D.

Iii. The DJI Phantom 3 Professional QC UAS is 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 3 Professional QC will remain 

stationary in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 

Professional QC due 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 3 Professional 

QC AP UAS's are set forth at pages 23 through 32 and for the Blade 350QX2 AP at pages 8 

and 11 of the DJI Phantom 3 Professional QC User Manuals, attached hereto as Exhibit C 

and D.

iv. The DJI Phantom 3 Professional QC GCS And Its

Operation.

A complete description of the operation and specifications of the and DJI Phantom 3 

Professional QC GCS and flight control software is provided at pages 23 through 32 of the 

DJI User Manual and pages 8 and 11 of the DJI Phantom 3 Professional QCAP User 

Manual. The DJI Phantom 3 Professional QC User Manuals are attached hereto as Exhibits C 

and D.

b. Flight Operations Of and DJI Phantom 3 Professional QC UAS's Are 

Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer.

John Robert West II 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 3 
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Professional QC UAS's. Additionally, a safety observer will assist all pilots during flight

time.

c. Flights Of and DJI Phantom 3 Professional QC UAS's Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, John Robert West II proposes to commercially 

operate the DJI Phantom 3 Professional QC UAS's 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 UAS's 

weighing less than 55 pounds maximum gross weight: the DJI Phantom 3 

Professional QC 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 UA may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 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 UA's 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.

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.
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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 aunt 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.

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 UAS's 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.
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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 

UAS 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 PIC's 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 nonparticipants in accordance with 14 C.F.R. §

91.119.

19. UAS 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 predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

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 UAS 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 
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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 UAS 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 UAS 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 UAS 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;

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 
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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.

John Robert West II 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 3 Professional QC UAS's unless that PIC has demonstrated, by meeting 

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

DJI Phantom 3 Professional QC UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Considering John Robert West II’s 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 3 Professional QC AP UAS, John Robert West II submits that

the additional manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for John Robert West II’s

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. 
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Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112,

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

John Robert West II will not allow any PIC to operate the DJI Phantom 3 

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

requirements of the DJI Phantom 3 Professional QC UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional QC UAS 

in a manner consistent with this exemption, including evasive and emergency maneuvers and 

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

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 John Robert West II’s

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 
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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 experience-building 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, John Robert West II will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 Professional QC 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 3 Professional QC UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.
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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,John Robert West II will ensure that the DJI Phantom 3 

Professional QC 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 3 Professional QC 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 John Robert West II’s operation of the DJI Phantom 3 

Professional QC UA within visual line of sight, at or below 400 feet AGL, will ensure a level

of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed on board the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UAS's 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. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
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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 by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 3 Professional QC UAS's; (2) the limitations on the proposed flight operations;

and (3) the location of the proposed flight operations. Accordingly, John Robert West II

will ensure that he will safely operate the battery powered DJI Phantom 3 Professional 

QC UA's during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 10 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 2.5 minutes.

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

3 Professional QC UAS's 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 

3 Professional QC UAS's provide audible and visual warnings to the PIC at the controller

when the UA's 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 3 Professional QC

UAS's 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
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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, John Robert West II 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 John Robert West II will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS's using the methods, techniques, and practices 

prescribed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, 

and and DJI Phantom 3 Professional QC Instruction Manual. Furthermore, John Robert West 

II will document and maintain all maintenance records for the DJI Phantom 3 Professional QC 

UAS's.

Since the DJI Phantom 3 Professional QC UAS will be inspected as prescribed by the 

operating documents,John Robert West II 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 3 

Professional QC User Manuals are attached hereto as Exhibit C and D; a copy of the DJI

Phantom 3 Professional QC UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because John 

Robert West II 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.
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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 3 Professional QC 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 John Robert West II’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 Professional QCAP

UAS's, John Robert West II 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, John Robert West II requests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 

Professional QC UAS's, 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,
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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 UA's 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 3 Professional QC UAS's, 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: 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, it may prescribe 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 John Robert West II’s intended operation of the DJI Phantom 3 

Professional QC UAS, 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, 
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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 John Robert West II Seeks Exemption:

John Robert West II 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 John Robert West II Seeks:

This exemption will permit John Robert West II 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 John Robert 

West II’s 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, John Robert West II 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, John Robert West II will operate the 

M and DJI Phantom 3 Professional QC UAS's safely in the NAS, without creating a 

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

CONCLUSION

As set forth herein, John Robert West II seeks an exemption pursuant to 14
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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 3 Professional QC UAS

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 FAAAdministrator 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 John Robert West II to safely, efficiently, and economically operate the DJI

Phantom 3 Professional QC UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, John Robert West II 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 John Robert West II to operate the DJI

Phantom 3 Professional QC UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: May 28, 2015

Thank You for your Consideration,

John Robert West II
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APPENDICES:

A - DJI Phantom 3 Professional QC Specifications

B – DJI Phantom 3 Professional QC User Manual

C - Monthly Maintance Log
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APPENDIX –A

DJI Phantom 3 Professional QC TECHNICAL

SPECIFICATIONS

John Robert West II only utilizes safe and reliable UAS's. DJI is an industry leader in small UAS 

production. DJI UAS's 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.

1.1 

1.1.1 Aircraft

1.1.1.1 Batteries –(4) Intelligent Flight Battery 4480 mAh

1.1.1.2 Weight, Flight – 1280 g

1.1.1.3 Hover Accuracy–Vertical: +/-.1 m; Horizontal: +/-2m

1.1.1.4 Max Tilt Angel -90° to +30°

1.1.1.5 Max Ascent/Descent Speed +5m/s -3m/s

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

1.1.2 Gimbal

1.1.2.1 Gimbal 3Axis (Pitch, Roll, Yaw)

1.1.2.2 Pitch - Controllable -90° to +30°

1.1.3 Transmitter FPV (CAMERA OPERATOR ONLY)

1.1.3.1 Controller 2.400 GHz-2.483 GHz

1.1.3.2 Power Out-put 600mW 28dBm +/- 1dBm

1.1.3.3 Frequencies 5740, 5760, 5780, 5800, 5820, 5840 and 5860MHz

1.1.4 Camera

1.1.4.1 Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

1.1.4.2 FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

1.1.4.3 ISO Range - 100-3200 (video) 100-1600 (photo)

1.1.4.4 Operating Temperature Range 0°C to 40°C

1.1.5 Transmitter 1 Aircraft

1.1.5.1 Operating Frequency 2.400GHz – 2.4835GHz

1.1.5.2 Communication Distance 2000m (outdoors and unobstructed)

1.1.5.3 Transmitter Power FCC Compliance FCC: 20 dBm

1.1.5.4 Battery 6000 mAh LiPo 2S

1.1.5.5 Operating Temperature 0°C- 40°
38

38

APPENDIX – B

DJI Phantom 3 Professional – Manufacturer's User

Manual

http://download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_the_Box_en.pdf

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

APPENDIX - C

John Robert West II

Monthly Maintance and Repair Log

Aircraft: 

Hours: 

Date:

Date Issue

Discovered

Date Issue

Resolved

Issue Decription/Maintance Conducted Repair/Maintance

Performed By

Airframe

Motors

Propellers

Flight Control

Update

Gimbal

Misc