Cody Oswald Section 333 Petition

February 2, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

Washington, DC 20590

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

Regulations and certain parts of the FARs.

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Cody Oswald, the Petitioner, applies for an exemption from the Federal 

Aviation Regulations (FARs) listed below in order to legally operate an Unmanned Aircraft 

System (UAS) in airspace regulated by the Federal Aviation Administration (FAA) so long as 

such operations are conducted with and under conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

Cody Oswald has demonstrated the ability to safely and effectively fly the UAS DJI Phantom 3

Advanced which will be used for all commercial and private purposes. Cody Oswald complies 

with local ordinances and laws regarding the operation of UAS, and adheres to all weather and 

environmental restrictions or limitations in reference to the operations of UAS.

All flights will occur in ordinance with any state or local laws regarding privacy. 

I, Cody Oswald, am seeking the exemption because I am committed to complying with all of the 

rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the 

UAS in the manner that I have described both above and below. Without the exemption request 

granted, I would be unable to safely and effectively operate my UAS, and it is my intention to 

comply with the FAA and obtain an exemption of the following regulations. 

The following contains my list of regulations from which I am seeking exemption, and a 

complete list of responsibilities I assume as operator; it also contains information regarding the 

aircraft, public benefit, safety features, and similar petition requests granted. 

 14 C.F.R. Part 21

 14 C.F.R. 45.23 (b)

 14 C.F.R. 61.113 (a) and (b)

 14 C.F.R. 91.7 (a)

 14 C.F.R. 91.9 (b)(2)

 14 C.F.R. 91.119 (c) 

 14 C.F.R. 91.121

 14 C.F.R. 91.151 (a)
Cody Oswald Section 333 Petition

 14 C.F.R. 91.203 (a) and (b)

 14 C.F.R. 91.405 (a)

 14 C.F.R. 91.407 (a)(1)

 14 C.F.R. 91.409 (a)(1) and (2)

 14 C.F.R. 91.417 (a) and (b)

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Advanced UAS 

commercially along with the guidelines of the accompanying operator’s manual as well as FAA 

guidelines for UAS flight and safety guidelines set by the Academy of Model Aeronautics 

(AMA). 

Proposed UAS and Operations

The DJI Phantom 3 Advanced weighs less than three pounds, will always be flown under 400 

feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium 

ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and 

from all flight areas (in accordance with FAA guidelines). The aforementioned exemptions 

would allow me to operate the DJI Phantom 3 Advanced UAS for commercial purposes of aerial 

crop scouting, field mapping, aerial photography, and aerial videography. Crop scouting and 

field mapping with a UAS has been reported to potentially reduce input costs for farmers while 

decreasing environmental damage from excess fertilizer, irrigation and pesticide applications. I 

recently graduated from South Dakota State University with my Master’s Degree in Agronomy, 

so I believe I could use the UAS technology to its utmost potential in an agricultural setting. I 

would also like to use the UAS for aerial photography and videography of farmsteads. This 

photography/videography would allow farmstead owners to have a record of the structures 

present on their property for insurance purposes and would also be a keepsake for the owner.

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar 

use of the DJI Phantom 3 UAS. These particular UAS have been proven reliable and safe flying 

machines managed by gyroscopically-stabilized flight, ground detection, GPS-aided navigation, 

a built-in compass, blinking LED lights, a manual and automatic failsafe “Return to Home” 

mode for returning to the point of takeoff, and propeller guards in order to protect both the UAS 

and the environment. This particular model combines state-of-the-art, proven technology with 

high quality manufacturing and user-friendly control to ensure safe operation and easy 

maintenance and care. 

Specifc sections of 14 CFR which I seek relief and the reason(s) I seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the UAS to be utilized, an exemption 

from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. As evidenced in Exemption No. 12045, “in all cases, an analysis of these 

criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than 
Cody Oswald Section 333 Petition

conventional aircraft operating with an airworthiness certificate without restrictions and 

conditions proposed.” 

14 C.F.R. 45.23 Display of marks: general

The above regulation provides 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. The DJI Phantom 3 does not have a space to mark large words, numbers, or 

phrases. However I, Cody Oswald will register the DJI Phantom 3 in accordance with 14 CFR 

part 47, and have identification (N-Number) markings. Markings will be as large as practicable. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Under §61.113 (a) and (b), certified private pilots are limited to noncommercial operations. 

However, I am able to achieve an equivalent level of safety through current FAA regulations of 

UAS operation and AMA safety guidelines (outlined in the summary of this document) without 

such a certification because of the above mentioned safety features of the DJI Phantom 3. 

According to Exemption No. 12045 in which the DJI Phantom 3 was authorized for similar 

operation, “The FAA has previously declared that additional manned airship experience of a 

commercially certified pilot would no correlate to the airmanship skills necessary for similarly 

proposed operations in previously issued exemptions to this regulation through Exemption Nos. 

11062 and 11138.” Therefore, bearing any pilot certification or license will not ensure remote 

piloting skills of a UAS: the risks of operating this UAS are far less than the risk levels inherent 

in commercial activities with traditional aircraft given the DJI Phantom’s safety features and the 

limited range and speed of the UAS. The FAA has approved a similar exemption to the above 

rule as evidenced in Exemption No. 12058. 

14 C.F.R. 91.7: Civil aircraft airworthiness

Currently, there is no certificate applicable to this UAS, and therefore it will be up to myself, 

Cody Oswald, to determine the airworthiness of the DJI Phantom 3 in accordance with its 

official operating manual. Written and signed pre and post-flight inspections of the propellers, 

motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass 

calibration and properly ensured GPS locks as indicated by the DJI Phantom’s display of “Safe 

to Fly” message will be performed before and after each flight, accurate records of which will be 

kept with the UAS’s storage and transportation system at all times. These records will be dated 

and will include total flight time of each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

As evidenced in Exemption 12045, since there are “no pilots or passengers on board this aircraft, 

and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved 

by maintaining a safety/flight manual with the operator.” In addition to the official safety/flight 

manual provided by DJI upon purchase of the Phantom 3, following the AMA guidelines for safe 

flight operations and the FAA regulations for UAS operations will ensure a high level of safety. 
Cody Oswald Section 333 Petition

14 C.F.R. 91.119(c): Minimum safe altitudes

I, Cody Oswald, will ensure that the UAS does not operate any higher than 400 feet at ground 

level by setting the maximum altitude at 400 feet in DJI’s pilot application and ensuring this is 

set before each flight as part of the pre-flight inspection. I will not fly over congested areas or 

directly above unprotected people or moving vehicles. I will plan operations beforehand for 

proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric 

sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of 

which will be fed to my tablet device in real time as I operate the UAS. 

14 C.F.R. 91.121: Altimeter settings

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric 

sensor with live data output to the tablet device attached to the transmitter. An equivalent level of 

safety and accurate altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI 

specifically for this particular UAS. They are rated as providing no longer than 25 minutes of 

flight time. Therefore, due to the limitations of the batteries, it is currently impossible to comply 

with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the mentioned 

UAS. I, Cody Oswald, however will always fly safely while having the manuals of the DJI 

Phantom 3 and abiding by FAA regulations for UAS operation and AMA safety guidelines. 

14 C.F.R. 91.405(a): Maintenance Required

14 C.F.R. 91.407(a)(1): Operation after maintenance, preventative maintenance, rebuilding, or 

alteration,

14 C.F.R. 91.409(a)(1) and (2): Inspections &

14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they apply to aircraft with 

an airworthiness certificate. However I, Cody Oswald, will perform both preflight and post-flight 

inspections of the UAS before and after each flight as outlined in the operating documents. I, 

Cody Oswald, will also follow manufacturer recommendations from said operating documents 

and keep a written record of any maintenance done to the UAS. 
Cody Oswald Section 333 Petition

Public Interest and Public Safety:

Aerial crop scouting, mapping, and photography provided to the public allows for a more costeffective, safe, and environmentally-friendly method to capture imagery than its alternative: 

manned aircraft and helicopters. The latter are expensive to operate, create a high level of noise, 

and are much more hazardous due to size and combustible fuel – especially if flown at low 

altitudes required for some operations. Because of this, an increase of commercial activity and a 

gaining of more detailed understanding of private and/or farm land would help local and area 

communities by: reducing pollution caused by excess fertilizer and pesticide, risk involved with 

large aircrafts, and operating costs by alternative aerial video and photography services such 

manned airplanes and helicopters, and reducing carbon emissions and traffic congestion by 

vehicles looking to view properties such as real-estate or farm land. I, Cody Oswald, in addition 

to using my UAS for commercial endeavors, will also gladly offer my services free of charge 

upon request and with proper coordination to any official search and rescue or emergency 

services organization to benefit the public. 

Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has 

propeller guards, as well as having a low maximum speed (less than 25 miles per hour), safe 

operation of this craft does not pose any immediate danger to the environment, wildlife, 

infrastructure or people. DJI has a built in “No Fly Zone” for major cities and points of interest 

that have registered as a “do not fly zone”. Operation of the DJI Phantom 3 cannot happen in 

these locations, as any flight capabilities becomes blocked by the UAS itself if within range and 

the operator is notified. Given its GPS and ground-sensing capabilities, a failsafe “Return to 

Home” mode will safely return the craft to the operator at the push of a single button or 

automatically when the craft is either low on power or operating outside of its transmitter’s 

range. This ensures that the craft will not remain airborne in unsafe conditions and pose and 

public danger. 

Summary

I, Cody Oswald, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 

45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 

C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 

C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). With the 

exemptions of the mentioned rules I, Cody Oswald, will be seeking to make my UAS crop 

scouting/field mapping/aerial photography and videography services available to public and 

commercial interests. The FAA has authorized similar operations under Exemption Nos. 12045 

and 12053. Alternatively, public and commercial interests had previously sought the use of 

manned aircraft to achieve what I can offer in a safer, more cost-efficient and environmentally 

friendly manner by not using combustible fuel, flying at safe heights and strictly following the 

usage recommendations from DJI and safety procedures by the Academy of Model Aeronautics. 

These include but are not limited to:

 Flying the DJI Phantom 3 safely in accordance with its operator’s manual.

 Always flying below 400 feet using the DJI Phantom’s altitude limiter to ensure this. 
Cody Oswald Section 333 Petition

 Completing thorough inspection of UAS before and after flights and keeping inspection 

records with the craft at all times

 Keeping the UAS in visual sight at all times when in operation

 Not flying directly over unprotected persons or moving vehicles

 Not operating within 5 nautical miles of an airport reference point, unless a letter of 

agreement with that airport’s management is obtained or otherwise permitted by a 

Certificate of Waiver or Authorization (COA) issued to the exemption holder. 

 Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

 Not flying under the influence of alcohol or drugs

 Ensuring the operating environment is safe

 Not flying over sensitive infrastructure or property such as power stations, water 

treatment facilities, correctional facilities, etc. 

 No conducting surveillance or photographing persons in areas where there is an 

expectation of privacy without the individual’s permission. 

In addition to the usage recommendations, I, Cody Oswald, will contact customers 24 hours 

in advance of any crop scouting, field mapping, aerial photography/videography activity to 

ensure there is no other planned aerial activity by aircraft of any kind within the area in 

which the DJI Phantom 3 will be present. 

I, Cody Oswald, will also follow and abide by the following AMA safety guidelines: 

A. [DEFINITION]: A “model aircraft” is a non-human-carrying aircraft capable of sustained 

flight in the atmosphere. [This includes UAS such as the DJI Phantom 3].

1. Model aircraft will not be flown: 

(a) In a careless or reckless manner. 

(b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will: 

(a) Yield the right of way to all human-carrying aircraft. 

(b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA 

Document #540-D.)

(c) Not fly higher than approximately 400 feet above ground level or within five 

miles of an airport.

(d) Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base. 

(e) Not exceed a takeoff weight, including fuel, of 55 pounds. (AMA Document 

520-A.)

(f) Ensure the aircraft is identified with the name and address or AMA number of 

the owner on the inside or affixed to the outside of the model aircraft.

(g) Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA 

Document #555)

(h) Not operate model aircraft while under the influence of alcohol or while using 

any drug that could adversely affect the pilot’s ability to safely control the 

model. 
Cody Oswald Section 333 Petition

(i) Not operate model aircraft carrying pyrotechnic devices that explode or burn, 

or any device which propels a projectile or drops any object that creates a 

hazard to persons or property.

(j) Not operate a turbine-powered aircraft, unless in compliance with the AMA 

turbine regulations. (AMA Document #510-A).

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model 

demonstrations unless:

(a) The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event.

(b) An inexperienced pilot is assisted by an experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They 

must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable 

standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others.

2. A successful radio equipment ground-range check in accordance with manufacturer’s 

recommendations will be completed before the first flight of a new or repaired model 

aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes 

place. (AMA Document #706.)

(a) Only personnel associated with flying the model aircraft are allowed at or in 

front of the safety line. 

(b) At air shows or demonstrations, a straight safety line must be established. 

(c) An area away from the safety line must be maintained for spectators. 

(d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies currently allowed by the 

Federal Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing 

flying site without a frequency-management agreement. (AMA Documents #922 and 

#923.)

6. With the exception of events flown under official AMA Competition Regulations, 

excluding takeoff and landing, no powered model may be flown outdoors closer than 25 

feet to any individual, except for the pilot and the pilot’s helper(s) located at the 

flightline.
Cody Oswald Section 333 Petition

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in 

flight while it is still under power, except to divert it from striking an individual. 

8. The pilot of an RC model aircraft shall:

(a) Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot. 

(b) Fly using the assistance of autopilot or stabilization system only in accordance 

with the procedures outlined in AMA Document #560. 

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model 

aircraft is launched.

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be 

flown closer than 50 feet to any aboveground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the 

engine is started.

I thank you for your time and effort in processing this request and look forward to cooperating 

with the FAA in its continued commitment for the safe operation of UAS. The petitioner hopes 

for a timely consideration. 

Sincerely,

Cody Oswald

908 South 10th Street Apt. A

Norfolk, NE 68701

codyo@alliedgenetics.com

605-760-3755

Appendices:

A- Link to DJI Phantom 3 Manual: Follow the link below

http://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.pdf