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UNITED STATE OF AMERICA DEPARTMENT 

OF TRANSPORTATION FEDERAL AVIATION 

1200 New Jersey Avenue, SE Washington, D.C. 20590

August 19, 2015

In the Matter of Petition for Exemption of:

J.R. Johnson, Inc.

Andrew Johnson / President

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from:

14 CFR 91.7(a); 91.9(B)(2);91.119 (c); 91.121; 91.151(a)(1); 91.203(a)(b); 91.405(a); 91.407(a)(1);

91.409(a)(1)and (2); 91.417(a)&(b); 45.23(b); Part 21; 61.113(a)(b)

Dear Sir or Madam,

We are writing pursuant to the FAA Modernization and Reform Act of 2012 (Reform Act), and the procedures 

contained in 14 C.F.R. 11, to request that J.R. Johnson, Inc. may operate its small unmanned aircraft / lightweight 

unmanned aircraft system (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA); as 

long as such operations are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

1. Petitioner’s Description

J.R. Johnson, Inc. is a multi-state Licensed Professional Contractor located in Portland, OR that specializes in 

repair and restoration from fire damage, smoke damage, water loss, storm damage, and construction envelope repair in 

both commercial and residential properties.

Petitioner seeks to offer a viable, alternative solution where circumstances prevent the conventional collection 

of data research. Along with the Petitioner’s intimate knowledge of construction engineering, industry experience, 

professional licensure, traditional inspection techniques and safety regulation knowledge associated with 

environmental, construction, utility, and infrastructure inspection programs, J.R. Johnson, Inc. retains the experience 

necessary to ensure that all associated risks to any public and personal/public property shall be minimized while 

conducting relatively simple, low altitude, short duration flights for research data collection purposes.

2. Proposed Operations

The Petitioner intends to use the UAS to support and perform general engineering data and research collections 

with definition video and still imagery documentation for client and company compliance throughout various 

construction project life cycles. Not only will this process serve to assist in the documentation of construction progress, 

asset inventory/inspection and regulation compliance but will also serve to promote community and academic 
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awareness to those individuals or companies interested in further understanding the engineering and scientific 

principals associated with the general contracting and restoration industry from a visual standpoint.

The Petitioner has incorporated safety protocols and standards to prevent and avoid public and personal hazard, 

maintain safe and proper flight operations. The Petitioner’s self-imposed safety protocols and standards will serve to 

further develop safety protocols mandated by the FAA as they pertain to UAS safety and operations. In addition, the 

Petitioner shall record any and all flight data and other pertinent information gained through permitted UAS flight 

operations and is willing to share with the FAA via required reporting avenues to assist and promote future FAA UAS 

regulation(s) development.

At the current juncture, the petitioner intends to add one UAS for commercial use following exemption and 

approval from the FAA. The information for UAS is as follows:

 D.J.I. Phantom 3 Pro/Adv

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The enclosed “Manual” describes, in detail, the policies and safety procedures for the Petitioner’s proposed UAS 

operations. To assist the FAA in its safety assessment of the Petitioner’s proposed UAS operations, below is a summary 

of the operational limitations and conditions which the Petitioner intends to ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines. 

 The UAV weighs less than 5 pounds including payload.

 Flights will be operated within line-of-sight of Operator and Observer during daylight hours only.

 Maximum total flight time for each operational flight will not exceed 30 minutes per flight. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

 Flights will be operated at an altitude of no more than 400 feet above ground level.

 Minimum crew for each operation will consist of the UAS Operator, and observer/spotter.

 A briefing will be conducted in regard to the planned UAS operations prior to each day’s activities. It will be 

mandatory that all personnel who will be preforming duties within the boundaries of the safety perimeter be 

present for this briefing. 

 Operator and Observer will be trained in the operation of UAS and will have received up-to date information on 

the particular UAS to be operated, as required.

 Observer and Operator will at all times be able to communicate by voice and text.

 Any and all required permission and permits will be obtained from territorial, state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies and persons.

 The UAS Operator shall have the capability to abort a flight in case of unpredicted obstacles or emergencies.

 The UAS shall only be operated in optimal weather conditions.

3. Requests For Exemption by Part and Subpart

14 CFR 91.7 (A)

Airworthiness Certificate;

Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner requests exemption bases 

on previous Exemption No. 11138. The FAA has ruled that this make and model of aircraft (UAS) does not require an 

airworthiness certificate. 
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14 CFR 91.9 (B) (2)

Aircraft Flight Manual in the aircraft;

Requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the 

UAS, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight 

operations center. The FAA previously issued exemptions to this regulation in Exemption No. 10700 and 325827.

14 CFR 91.119 (C)

Minimum Safe Altitudes;

States that no person may operate an aircraft below the following altitudes; over other than congested areas, an 

altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

The Petitioner will never operate any UAS over an altitude of 400 AGL. The majority of the operations proposed 

will operate around 200 to 300ft AGL as this will typically provide the best angle of capture for the type of photography 

and videography operations proposed.

There will be cases when the 500ft distance from structures will need to be exempted. (Example: Aerial video of 

a 2 story home roof to determine or document extent of storm damage.) In this type of operation every assurance will 

be made to keep persons outside of a reasonable, safe, clear area of operations and will only be conducted with the 

express permission of the property owner. 

14 CFR 91.121

Altimeter Settings;

The UAS is equipped with GPS derived altitude capability, however due to the limited altitude requested in this 

exemption, the FAA has previously granted Exemption for these types of operations. Reference Exemption No. 11138

14 CFR 91.15 (a)

Fuel for Flight;

No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather 

conditions) unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruise speeds.

(a)(1) During the day to fly for at least 30 minutes.

The petitioner requests relief from 91.151(a) due to the fact that the UAS is equipped with a battery and 

percentage indicator system. The UAS has a flight capability on full charge of approximately 20 – 25 minutes depending 

on camera usage and other variables. The petitioner has established that the maximum flight will be 10 minutes on a 

fully charged battery. This constitutes landing with approximately 50 percent fuel remaining. The Petitioner believes that 

his follows the spirit and intent of the rule with a great margin of safety.

No UAS operations will be conducted at night, as defined by Federal Aviation Regulations.

14 CFR 91.203(a)(b)
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Carrying of civil aircraft Certifications & Registrations;

Provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same 

reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and 

registrations at the UAV Field Services flight operations center.

14 CFR 91.405(a)

Maintenance required;

The petitioner requests relief in part from 91.405(1)(1) based on the Protocols and Procedures Section of 

Maintenance and Maintenance Records. Also reference Exemption No. 11138

14 CFR 91.407(a)(1)

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

The petitioner requests relief from 91.407(a)(1) based on the Protocols and Procedures Section on Maintenance, 

Return to service after Maintenance, and Maintenance Records. Reference Exemption No. 11138.

14 CFR 91409(a)(1)(2)

Inspections;

The petitioner requests relief from 91.409(a)(1)(2) based on the Protocols and Procedures Section on 

Inspections. Reference Exemptions No. 11138

14 CFR 91.417(a)(b)

Maintenance records;

The petitioner requests relief from 91.417(a)(b) based on the Protocols and Procedures Section on Maintenance 

records.

15 CFR 45.23(b)

Applicable codes of Federal Regulation require aircraft to be marked according ot certain specifications. J.R. Johnson, 

Inc. UAS is, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft. Regardless, J.R. Johnson, 

Inc. will mark its UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by 

14 CSR 29 (F) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has 

previously issued exemptions to this regulation through Exemption No 10167 and 10700

14 CFR 21, Sub Part H

Airworthiness Certificates;

Entitled Airworthiness Certificates, set forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR 91.203(a)(1). The size, weight and enclosed operational area of J.R. Johnson, Inc. UAS 

permits exemption from Part 21 because J.R. Johnson, Inc.’s UAS meets an equivalent level of safety pursuant to Section 

333 of the reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under 
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both the Act (49 USC 44701(f)) and section 333 of the Reform Act. Both pieces of the legislation permit the FAA to 

exempt a UAS from the air worthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. J.R. Johnson, Inc.’s UAS will meet or 

exceed each of the elements.

14 CFR 61.113(a)(b)

Private Pilot Privileges and Limitations / PIC

Private pilots are limited to non-commercial operations. J.R. Johnson can achieve an equivalent level of safety as 

achieved by current regulations because our UAV will not carry any pilots or passengers. 
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J.R. Johnson, Inc.

Protocols and Procedures for UAS Operations

A. Preflight

B. Area Security

C. Limitations of Operations

D. Airworthiness

E. Maintenance and Records

F. Pilot in Command Requirements

G. Visual Observer and Requirements

H. Reporting of Incidents and Accidents

A. Preflight of the UAS will follow the instructions on the DJI 3 Professional instruction and User Manual. The Pilot 

in Command will certify that a preflight inspection has been accomplished with the date and time and 

signature in the UAS logbook. The preflight shall include the aircraft, transmitter, and batteries, motors, rotors, 

landing gear, and camera. As a part of the preflight the Pilot in Command will assure that weather conditions, 

area security, and any other information essential to safe operation has been obtained. 

B. Area Security

a. The PIC of the UAS will ensure that the operational area for the purposes of UAS flight shall be cleared 

of all nonessential persons at all times the UAS is in flight. Additionally all nonessential persons shall be 

required to remain clear of the operations area by a minimum distance of 150 feet during operations. 

b. In the event of a breach by nonessential persons into the operations area during the flight of UAS, the 

PIC shall immediately terminate operations.

C. Limitations of Operations

a. The UAS will be operated in Day Time only, as defined by 14 CFR

b. UAS night operations are prohibited.

c. The UAS will be operated by VLOS at all times.

d. A visual observer shall be utilized at all times and must maintain VLOS at all times.

e. The UAS to be utilized is the DJ! Phantom 3 Professional/Advanced. No other systems will be operated.

f. The UAs will not be operated at a speed exceeding 30 Knots.

g. Operations documents will be accessible to the PIC at all times and must be accessible during UAS 

operations and made available to the Administrator on request.

h. PIC must inspect and ensure the UAS and ground control station is in airworthy condition prior to each 

operation; if determined un-airworthy, all operations will be suspended until such time as necessary 

maintenance has been performed and the UAS is determined to be in a safe condition for flight.

i. Operational flight test is required after any maintenance.

j. The operator must carry out maintenance, inspections, and record keeping requirements, in 

accordance with operation documents. 

k. All must be noted in the aircraft records, including total flight hours, description of work performed, 

and the signature of the authorized person returning the UAS to service.

l. UAS must comply with all Manufacturers’ Safety regulations.

m. Authorized persons must make note of any corrective actions taken/discovered between inspections.

n. PIC is required to operate the UAS in accordance with 14 CFR 91.119.
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o. No private pilot may operate UAS within 5 nautical miles of an airport reference point as denoted a 

current FAA chart.

p. Operations with 5 NM of an airport must be conducted by a PIC hold holds at least a Commercial Pilot 

Certificate.

q. The UAS will not be operated any closer than 400 feet to any structure without the express permission 

of the structure owner.

D. UAS Airworthiness

a. The PIC shall ensure that the UAS is in an airworthy condition before each flight. Airworthiness shall be 

determined by a preflight inspection in accordance with DJI operating documents and any and all 

applicable Federal Aviation Regulations, and any additional requirements as defined by the 

Administrator. PIC shall document each preflight inspection by date, Aircraft total Flight time to date, 

any discrepancies noted, and signature and certificate number. Any discrepancy noted shall be 

addressed before UAS operation. 

E. UAS Maintenance and Records

a. The operator shall maintain aircraft maintenance logbooks. DJI Documents, handbooks, user manuals, 

supplements, Safety Bulletins, etc. shall be the only approved documents for performing repairs, 

maintenance, inspections, overhauls, or replacement of life limited components. A preflight record of 

each inspection will be recorded in these logbooks.

i. Example: Preflight inspection completed, No defects noted. 08-27-15, ACFTT 2.5 hours, UAS 

number 1, Name-PIC

b. Any required maintenance, inspection, alteration or repair must be completed by an approved person. 

At the completion of this work the approved person must make an entry in the aircraft log book that at 

least includes: Date, Aircraft serial or operation number, brief description of discrepancy, inspection, 

alteration or repair, the reference material used as guidance for repair, statement approving the 

aircraft for return to service, and signature of person who completed work.

i. Example: 08-27-15 UAS 1, ACFTT 2.5 hours, replaced #3 rotor with new rotor. Flight or ops 

check completed. Aircraft approved for return to service.

c. Maintenance records shall be kept with the UAS at all times and shall be made available to any 

authorized agency or the Administrator upon request.

F. Pilot in Command Requirements

a. The PIC shall have at least 5 hours of UAV flight time before performing any operation for which 

exemption is requested.

b. The PIC shall have at least 5 hours of UAV flight time with specified model to be used.

c. The PIC must perform a pre-flight inspection before each flight.

d. The PIC shall observe all Federal Aviation Regulations at all times with the exceptions of the 

exemptions requested by owner. In those cases, the PIC shall adhere to company operation standard 

or Federal Aviation Administration Limitations placed upon exemptions, whichever is more stringent.

e. The PIC will not operate the UAS without a Visual Observer present.

f. The PIC must maintain a record of flight information to establish currency that he or she meets the 

requirements of this section.

G. Visual Observers: Responsibilities and Requirements

a. A VO shall be used during any and all operations of the UAS.

b. The VO shall maintain communication with the PIC at all times during UAS operation.

c. The VO shall maintain visual contact the UAS at all times. PIC will be immediately notified if VO loses 

sight of UAS and operations of aircraft will immediately cease for landing.
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H. Reporting of Incidents and /or Accidents

a. Any incident or accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operation area as defined by the applicable COA will be reported with 24 hours to:

i. FAA UAS Integration Office (AFS-80)

ii. Accidents: National Transportation Safety Board – www/ntsb.gov

Abbreviations

A. VLOS: Visual Line of Site

B. PIC: Pilot in Command

C. VO: Visual Observer

D. UAS: Unmanned Aircraft System

Please forward any questions or concerns to the address or email below’

Date: 08/27/15

Sincerely,

Andrew Johnson / President

J.R. Johnson, Inc. 

andrew@jrjohnsoninc.com

P.O. Box 17196, Portland, OR 97217
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