Jason P. Varone

1410 Shamrock Drive

Sebring, FL 33875

(863) 414-2104

jasonvarone402@gmail.com

AMA# 1092063

October 21st, 2015

U.S Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

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

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2);

91.417(a)&(b) 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. 

Part 11, Jason P. Varone, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the 

DJI Phantom 3 Professional.

The requested exemption would support an application for a commercial Certificate of Authorization (COA) 

to use the system to support aerial surveying, aerial photography, agriculture, wildlife and forestry monitoring, 

aerial inspection, real estate surveying and farm-land mapping operations. By approving these exemptions, the 

FAA will support various industries, benefit the environment and build a new profession, all of which are in the 

public interest. 

Currently, there are no affordable aerial photography or aerial inspection / survey methods in Highlands County 

or surroundings. Therefore, when the need for aerial photography or inspections arise the service is hired from 

counties far away, making this not only an expensive process, but one that business owners do not have easy 

access to. Today, aerial photography and surveying is done with real, full sized aircrafts flying at low levels with 

photographers on board and gasoline. This poses a much greater risk of accidents and injuries occurring than 

using a 2.8 lbs battery operated UAS. Also, as my UAS is battery powered and creates no emissions that can harm 

the environment. 

The agricultural industry in Highlands County has an immediate need for this type of technology as it would 

allow cost effective, quick and easy means of inspecting and surveying land and fields for trouble areas. What’s 

more, The Real Estate industry in Highlands County is booming and is also looking for affordable aerial photography and video services. Additionally, the local telecommunications industry has adopted the use of Drones 

for inspections, as it is far safer to have a UAS examine local towers for defects prior to technicians climbing 

work, which eliminates any undue need to risk any life. 
Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS’s into the 

national airspace system, hence the passing of the Reform Act granting my exemption furthers the public 

interest through educational/visual awareness of the geographical benefits in and around the Central Florida 

area. 

The public’s interest is furthered by minimizing ecological and crash threats by permitting aerial video/

photography through my battery operated UAS. Therefore, permitting me to fly within national air space 

furthers economic growth. Granting my exemption request substantially furthers the economic impact for the 

Central Florida, Highlands County community for companies looking to relocate or build in the area as well as 

individuals looking to relocate for career advancement through academic and geographical awareness. Both of 

which serve as a stimulus to the community.

The DJI Phantom 3 weighs less than 55 lbs. fully loaded, will be operated at a speed no more than 50 knots, 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquids, and operates

exclusively within an approved COA airspace. DJI Phantom 3 uses a radio frequency spectrum for operation 

and control that complies with Federal Communications Commission (“FCC”) requirements and has integrated 

safety features as described within its user manual. The DJI Phantom 3 is equipped with redundant safety 

mechanisms allowing them to operate safely after experiencing certain in-flight failures. If a lost-link event 

occurs, including the loss of ground communications and/or the loss of a GPS signal for not more the three (3) 

seconds, the UAS has the ability to perform a pre-coordinated, predictable, automated flight maneuver and 

returns to a predetermined location within a designated security parameter for landing. The UAS further has the 

ability to abort a flight in the event of unpredicted obstacles or emergencies.

The DJI Phantom 3 will be operated in the field with both a PIC and a VO in accordance with FAA Policy 

N 8900.227 Section 14 “Operational Requirements for UAS” and with the following Restrictions:

1) No flight will be made with a UA Gross weight exceeding 55 pounds;

2) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more

than 50 knots and no further than 3/4 NM from the PIC;

3) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at

all times during a flight operation;

4) Operations will be restricted to flights over property with the permission of the property owner;

6) All required permits will be obtained from state and local government prior to operation;

7) DJI Phantom 3 will not be operated over densely populated areas;

8) DJI Phantom 3 will not be operated at air shows;

9) DJI Phantom 3 will not be operated over any open-air assembly of people;

10) DJI Phantom 3 will not be operated over heavily trafficked roads;

11) DJI Phantom 3 will not be operated within 5 NM of an airport or heliport;

12) Operations will be restricted to day only and weather conditions equivalent to VFR;

13) The PIC will brief the VO and property owner about the operation and risk before the first flight at each

new location;

14) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain that the

UA is in a condition safe for flight.

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4.

The PIC will hold at least a recreational or sport pilot certificate. Additionally, the PIC will

perform maintenance on the system and will complete a course of maintenance instruction as

part of their initial training. Due to the simplicity of the system, I do not anticipate the need

for a supplemental pilot.
I submit that the combination of the aircraft’s light weight, historically demonstrated flight

performance, fully qualified flight crew and strict operation under the guidelines established in

8900.1, the FAA can have confidence that the operation will have an equivalent or greater level

of safety of manned aircraft performing the same mission.

The name and contact information of the applicant are:

Jason P. Varone

1410 Shamrock Drive.

Sebring, FL 33875

Ph: 863-414-2104

E-mail: jasonvarone402@gmail.com

AMA# 1092063

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109, 91.119

- 14 CFR 91.121, 91.151

- 14 CFR Subpart E (91.401 - 91.417)

- 14 CFR 91.103(b)

I am are prepared to modify or amend any part of this request to satisfy the need for an equivalent

level of safety. We look forward to working with your office. Please contact me at any time if

you require additional information.

Sincerely,

Jason P. Varone

1410 Shamrock Drive.

Sebring, FL 33875

863-414-2104

jasonvarone402@gmail.com

AMA# 1092063
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Jason P. Varone requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of DJI Phantom 3 Professional UAS

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to 

work to develop airworthiness standards for UAS, I request an experimental certificate be issued for DJI UAS 

under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with

the airworthiness regulations including flights to show compliance for issuance of type and supplemental type

certificates, flights to substantiate major design changes, and flights to show compliance with the function and

reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, I would expect that an experimental certificate would permit my commercial 

purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the fact that the aircraft weighs less than 55 lbs., I propose that DJI UAS will be at 

least as safe, if not safer, than a conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then I request an exemption of 

14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent 

level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft 

and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” 

The DJI Phantom 3 Professional UAS is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for 

inspection upon request. In order to identify the aircraft, I propose that the information found on airworthiness 

and registration certificates be permanently affixed to the aircraft via placard:

Manufacturer: DJI

Models: Phatom 3 Professional 
Registered to:

Jason P. Vrone

AMA# 1092063

1410 Shamrock Drive.

Sebring, FL 33875

If found please contact: (863)414-2104.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display “N” and the aircraft’s registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. MyUAS does not have an entrance in which the 

word “EXPERIMENTAL” can be placed, and may not have a registration number assigned to it by the FAA.

I propose to achieve an equivalent level of safety by including the word “EXPERIMENTAL” on the top of the 

aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to 

see the designation. Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft’s registration information should it be found on the ground. Finally, I will display at the ground 

station a high contrast flag or banner that contains the words “Unmanned Aircraft Ground Station” in letters 3 

inches high or greater. Since the aircraft will operate within VLOS of the PIC and VO near the ground

station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of 

origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

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

aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to 

the aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only 

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

To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved Airplane 

Flight Manual, and DJI Phantom 3 Professional User Manuals, be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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.

My proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) “Operations without a pilot certificate” in which the PIC is required to complete “FAA private pilot ground instruction” and pass “the FAA Private 

Pilot written examination.” Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot’s license, I propose to generate 

an equivalent level of safety by requiring my pilots to complete, at a minimum, FAA commercial pilot ground

instruction and pass the FAA Commercial Pilot written examination in addition to completing at least a recreational or sport pilot certificate requirements. Since the aircraft cannot carry passengers or property, I feel this 

meets the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.
14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests.

The regulation provides that “No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.” The DJI UAS ground control station is based on a small 

hand-held radio controller and, if applicable, a mobile device. While it does not offer a second set of “controls”, 

both the PIC and VO can, and will, operate the single set of controls simultaneously. With both PIC and VO 

having “hands-on” the controls during flight, I feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, I

cannot comply with this requirement. To provide an equivalent level of safety I will only fly over private property 

with the permission of the land owner. The land owner will be briefed of the expected route of flight and

the associated risks to persons and property on the ground. I will maintain that due to the small size of each DJI 

UAS, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be 

considered in granting the exemption.

The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. Also, I will obtain sufficient level of Liability Insurance to cover 

any possible incident that may or could arise. 

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to 

maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. As such, an appropriate 

altimeter measurement presented to the pilot should be Above Ground Level and should be based on the 

digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. 

The altitude information will be generated by equipment installed on board the UAS, using GPS triangulation, 

digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the UAS PIC. Since the aircraft will fly 

no more than 20 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the 

flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. I assume 

the intention of this paragraph is to provide a reserve of energy as a safety buffer for go-arounds and other 

delays to landing. Each DJI UAS is battery operated and the maximum duration of flight from a single battery 

charge is 25 minutes. Since the aircraft will never fly more than VLOS from the PIC and the VO near the point 

of intended landing, a full battery charge at launch will ensure that I meet the reserve energy requirement of this 

paragraph. The UAS will not be operated unless it can begin the flight with enough power to complete the 

intended operation and operate after that for at least five minutes or with the reserve power recommended by 

the manufacturer. I request an exemption to the word “fuel” and ask for an equivalent interpretation with the 

word “energy”.
14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft 

be “approved for return to service by a person authorized under 43.7” after maintenance and inspection. It is 

my intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to approve 

the aircraft for return to service.” The UAS will be maintained IAW the manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for both the system and related components. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating software and firmware. 

All other maintenance will be performed by the manufacturer. The PIC will document work performed in 

accor-dance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristic will undergo a functional test flight prior to conducting further operations.

Functional test flights will only be conducted by a current and qualified PIC with a VO and will remain 500 feet 

from other people.

Furthermore, it is my intention to take additional classes and instruction from the manufacture on the repair 

and maintenance of the DJI Phantom 3 and other DJI UAS's. This will, at its completion, allow myself the added 

benefit of personally having the knowledge, understanding and engineering information required to not only 

repair the UAS but replace and correct all hardware associated with the UAS. 

14 CFR 91.103(b) – Preflight Action

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight, to include, “For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:... For civil aircraft for which 

an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein.”

The PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, 

and landing and takeoff distances before initiation of a flight. The PIC will also account for all relevant 

site-specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s 

and VO’s ability to see other air traffic and initiate a return-to-home sequence if needed. However, given the 

limited nature on how the UAS will be used and that all operations will not be conducted within an airport 

environment, take-off and landing data associated with airport data will not be applicable. Therefore, I request 

relief from 91.103(b).
Arrival checklist

1) If day and operating out of back of vehicle, point

vehicle into sun

2) Remove case and place on level surface

3) Check distance to nearest airport and/or controlled

airspace using smartphone or tablet App

4) If required, use VHF aviation transceiverto contact

tower of field if closer than 5 NM

5) Inform tower of UAS ops, location and max height

of flight 

Preflight Checklist

1) Remove Controller

2) Attach Smart device (GPS) - On

3) Controller - On

4) Toggle Switches - Full Up

5) Video Monitor - On

6) Remove UAS from case

7) Gimbal Lock & Lens Cap - Removed

8) Micro-SD card - Inserted

9) UAS Battery - Verified 90%+ and Inserted

10) Place UAS in clear open area and set 

recovery position if it returns to home

11) UAS Battery - On

12) Wifi Connection to Monitor - Verified

13) DJI Application - Loaded and working

14) DJI application - Connect to Camera

15) SO Card - Format

16) Camera - Full Up and Down movement

17) Satellite Connections - Verified

18) Charge Levels - Safe for Flight

19) Video Recording - On

20) Indicator message - Safe to Fly (Green 

Light)

21) Ready for Take off 

After Takeoff Checklist

1) Hover approximately ten feet above the ground to

confirm UAS is under control for 2 minutes

2) All sticks operate correctly while in hover -

Verified 

Pre-Landing Checklist

1) Camera - Full Up

2) Video Recorder - Stop

3) Landing Zone - Clear and Safe

Post Landing Checklist

1) Battery- Remove or Rep1ace

2) Wifi Connection to Monitor - Verified

3) DJI application - Connect to Camera

4) Takeoff

End of OPS check list

1) Battery - Off

2) Controller - Off

3) GPS and Wifi - Off

4) Notify Tower - End of Ops (if applicable)

DJI Phantom 3

Checklist
THE UNMANNED AIRCRAFT (UA):

• A lightweight (2.8 lb gross weight with all on-board equipment), battery operated 4-motor rotorcraft in the

form of a quadcopter that takes off and lands vertically, manufactured by DJI, Model W323, that includes

the following equipment in flight;

• An on-board flight computer with GPS navigation and location ability that receives signals for flight controls

from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still photos and

video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board

radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and

direction back to its launch site;

• A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all the flight

data from the telemetry system described above;

THE GROUND STATION & PIC:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls

the UA while in the air;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

• A radio receiver receiving live video and flight data from the on-board camera and computer projects it all

together onto a screen for the PIC to view during flight;

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in flight.
The Full DJI Phantom 3 Professional User Manual and Safety documents can be found at the manufactures 

website and at the link provided below. 

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf
http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf
http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf
http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf
http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf
http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_

en_0915.pdf