Richard D Varnold

407 West First Street

Galesburg Illinois 61401

309-368-2341

rvoutdoorsman@msn.com

RE: Exemption request pursuant to section 333 of the FAA modernization and reform act of 2012 and 

part 11 of the FAA regulations.

To whom it may concern,

I Richard Varnold, owner and operator of a DJI Phantom 3 professional UAS, am requesting exemptions

from the following regulations in order to legally operate an Unmanned Aircraft System in the National 

Airspace system.

14 CFR Part 21, Airworthiness certificate given the size and limited operating area associated with the 

UAS I am seeking exemption from part 21 and meets the requirements of an equivalent level of safety 

under part11 and section 333 of the reform act.

14 CFR 45.23(b), states that required N-numbers be in the 2-6 inch range but are much too large to be 

placed on the UAS I plan on using. Therefore I am seeking exemption from CFR 45.23(b). I am 

recommending making the N- numbers a feasible size. 

14	CFR	61.113(a)-(b),	61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private 

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft.

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

with any business or employment if:

(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.

A private pilot certificate can act as pilot in command in other aircraft. The UAS has different flight 

characteristics and systems so the novice should be given a minimum time operating the UAS before 

assuming PIC responsibilities. 

14 CFR 91.7(a), prohibits the operation of an aircraft without an airworthiness certificate. Since there is 

currently no airworthiness certificate for most UAS an exemption is requested.

14 CFR 91.9 (b) (2), Requires a flight manual on board before operations. Exemption requested because 

inability of UAS size to hold flight manual. All manuals and check list will be retained at the ground 

station. 
14 CFR 91.103(b)(2),

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information 

appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and 

runway slope, aircraft gross weight, and wind and temperature.

Since there is no information available for the UAS performance values as it relates to airport elevation 

and runway slope, and wind and temperature. Therefore I am requesting an exemption. All flights are to 

be conducted in VFR conditions and temperatures above 0c and no precipitation. 

. 

14 CFR 91.109, Requires dual controls for flight instruction. Since the UAS has no operating dual controls 

and is operated by radio an exemption is requested. 

14 CFR 91.119, over other than congested areas, an aircraft cannot be operated any closer than 500ft. 

The UAS is restricted no higher than 400ft. above ground level an exemption is requested. All flights are

to maintain 500ft clearance from non-participating persons, vessels, vehicles and structures.

14 CFR 121 requires an altimeter for operations below 18,000ft. Considering most UAS don’t have an 

altimeter and rely on GPS for altitude an exemption is requested. 

14 CFR 151 require day time flights in VFR conditions to have 30 minutes of fuel on board. Since most 

UAS are battery operated and only last for 20 minutes an exemption is requested. 

14	CFR	91.405	 Maintenance required.

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;

The pilot in command shall inspect the UAS prior to every flight and follow the manufacturer’s preflight 

checklist. If any item needs repaired it will be done before the flight occurs. 

91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(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; 

and

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has 

been made.

The need for an A&P mechanic is not needed to sign off on repairs. I am requesting an exemption for 

91.407. All minor repairs and maintenance will be done according to manufacturer procedure and 

factory specified parts will be used. 
		§91.409 Inspections.

(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.

No inspection performed under paragraph (b) of this section may be substituted for any inspection 

required by this paragraph unless it is performed by a person authorized to perform annual inspections 

and is entered as an “annual” inspection in the required maintenance records.

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

any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an 

aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft 

has received an annual or 100-hour inspection and been approved for return to service in accordance 

with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10 

hours while en route to reach a place where the inspection can be done. The excess time used to reach a 

place where the inspection can be done must be included in computing the next 100 hours of time in 

service.

The UAS has no airworthiness certificate and doesn’t fall under these guidelines so an exemption is 

requested. The UAS will be maintained by the owner operator according to factory specifications. 

§91.417 Maintenance records.

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or 

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

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

The UAS doesn’t fall under these guidelines unless it had an airworthiness certificate so a request 

for an exemption is made. The maintenance records will be maintained by the owner/pilot in command. 

I, Richard D. Varnold would provide professional aerial video/photography services in these fields;

1. Agriculture lands, including homesteads, livestock and timber. 

2. Real estate, including rural housing, private clubs, golf courses and estate listing. 

3. Construction sites, including pre-inspection and estimation. Before, during and completed 

video/photography for reference and/or promotional advertising. 

4. Private or public events including reunions, weddings and aerial portraits. 

5. Provide aid for search and rescue operations. 

6. Environmental issues, hydrology, chemical spills and other land uses etc.

7. News gathering when the opportunity presents its self.

8. Training/demonstrations for those interested in learning and growing the field. 
 

The Unmanned Aircraft system I plan on using is a DJI Phantom 3 Professional. It is an electric 

powered quad copter powder with lithium ion batteries that gives it a flying time of 23 minutes. It has a top 

speed of 16m/sec and weighs 1280 grams. It has GPS/GLONASS positioning with a failsafe mode that 

brings back to the take off point in case of signal loss or low battery. While returning to the home point, 

the aircraft’s altitude can be adjusted to avoid obstacles. It has a vision positioning that holds its position 

when 2m off the ground and adds to safety. 

The controller operates on a frequency of 2.400GHz-2.483GHz and is FCC approved. The apple Ipad is mounted on the controller for video display and vital information such as battery level and GPS 

mapping. The map feature even displays no fly areas such as airports. The camera has live feed video 

that may aid in search and rescue.

Also given the small size of the UAS, compared to full size aircraft, the restricted area of operation, 

and safe operating procedures, the UAS adds to the level of safety that protects the public and property.

These procedures will be followed to protect persons and property;

1. The UAS will weigh less than 55 lbs.

2. All flights will be operated within line of sight,

3. All flights will be terminated at 30% battery level.

4. The operator is prohibited from flying the UAS unless there is a fully charged battery installed. 

5. The operator before flying the UAS must take into consideration of wind direction and speed as 

it affects battery life and performance. 

6. The UAS will be kept at a slow speed as possible to perform assigned job and not attain UAS 

top speed of 16m/s (35mph) only in emergency situations, such as avoidance. 

7. Flights will not exceed higher altitude than needed to perform the job and not to exceed 400 ft. 

AGL.

8. UAS operator will be trained and/or certified in the proper safety and operations of the UAS 

according to the operators manual and FAA regulations.

9. The UAS will only operate in a designated area assigned in the pre-flight plans.

10. The border of the assigned area will be marked with orange cones or equivalent markings 

(yellow caution tape, posts, etc.) with signage of “Unmanned Aircraft System Operating in Area!”

11. Permission must be attained from all property owners involved, private or public. 

12. Public announcement may be issued, newspaper, radio, town hall meeting, etc. To raise public 

awareness of UAS working in area and increasing safety. 

13. Trained observer will have knowledge of UAS involved including FAA regulations and safety

procedures. 

14. Preflight plans including intended path, time of flight and height will be gone over with all 

participating persons.

15. The UAS has a failsafe mode for lost signal; low battery power and manual return home 

command that returns the UAS to the take off point at a preset altitude to avoid obstacles.

16. The pilot in command has the ability to terminate the flight if any adverse conditions arise such 

as decreasing VFR conditions, manned flight in the area, obstacles or emergencies. 

17. The operator will follow all of the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit for the aircraft and components.

18. The UAS will comply with all manufacturer safety bulletins and kept updated with the latest 

firmware that is downloaded into the UAS and/or controller. 

19. The operator will have at least a sport pilot certificate and a current FAA airman medical 

certificate or a valid U.S. driver’s license. 

20. The UAS will only be operated under these conditions; Daylight hours with Visual flight rules, 

winds below 22mph and no precipitation and/or freezing temperatures (at or below 0c). 

21. A checklist for all flight modes will be as follows;
Preflight Checklist for safe Operation of Drones

1. All firmware up to date.

2. Inspect UAS for obvious defects.

3. Batteries fully charged.

4. Propellers tightened and/or locked.

5. SD card in camera.

6. Monitor brightness set on high & hood installed.

7. Antennae up.

8. Transmitter turned on.

9. UAS turned on.

10. Minimum return height set.

11. UAS placed in safe launch and return area.

12. Place UAS into the wind & facing away from operator.

13. Area clear of people.

Flight

1. Warn bystanders of imminent flight.

2. Hover close for 20 seconds look/listen for defects.

3. Confirm expected stick operation.

4. Monitor battery power.

5. Monitor signal strength.

Landing

1. Minimum return height set

2. Clear area of debris and/or gear.

3. Warn bystanders of imminent landing.

4. Be sure to approach & land into the wind.

5. Shut motors down before handling. 

6. Turn off UAS.

7. Turn off controller.

Go Slow & Be Safe
I hope that the regulations listed satisfy the requirement for the section 333 exemption application 

according to 14cfr-11.81. Please let me know if I need to amend or modify any part of this request to fulfill 

the requirement. 

 Sincerely Yours, Richard D. Varnold 

 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.

6.pdf