July 28, 2015

Douglas King

10754 Greenbriar Lane 

Spotsylvania, VA 22553 

(540) 840-0600

dking@pcforthehome.com

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 

RE: Exemption Request – Section 333 of the FAA Modernization and Reform Act of 2012 

Attachments: 

1) DJI Phantom 2 Vision + User Manual V1.8

Dear Sir or Madam, 

The purpose of this letter to you today is to petition the Federal Aviation Administration for an 

exemption from certain Federal Aviation Regulations in order for Douglas King to operate a small 

Unmanned Aerial System (UAS) to perform aerial videography and aerial photography in the United 

States. Douglas King has already logged more than 50 hours of flight time as a hobbyist with the specific 

UAS that is the subject of this petition. 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section 

333 of the FAA Modernization and Reform Act of 2012, I, Douglas King am submitting the following 

information with our request: 

Description of Operations

A. The UAS that is the subject of this Petition 

a. DJI Phantom 2

b. DJI Phantom 3 

Douglas King currently owns a DJI Phantom 2, including the DJI factory mounted camera, along with the 

associated remote control unit, and DJI Vision app for iPhone which provides a first person view of what 
the camera is seeing in real time. This unit is a quad-copter with an advertised weight of 1,242 grams 

(including battery and propellers). Similar units have been the subject of prior exemptions by the FAA 

(examples include: Brian M. Walk / Unmanned Aerial Solutions, Exemption No. 11445, Regulatory 

Docket No. FAA-2015-0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA-2015-

0201). The DJI Phantom 3 is not currently owned by Douglas King, however, it will be purchased in the

near future to provide improved and enhanced aerial video and photography.

The associated remote control unit utilizes an operating frequency of 5.728 GHz – 5.85 GHz and a Range 

Extender that utilizes an operating frequency of 2412-2462 MHz. The communication distance between 

the remote control unit and the Phantom is 800m. The UAS also is equipped with a fail-safe returntohome mode in the event that the link between the aircraft and the remote control ground station is lost. 

The UAS can operate for approximately 20-25 minutes on a fully charged battery. 

B. The UAS Pilot(s) in Command 

Douglas King has made numerous flights as a hobbyist with this aircraft, accumulating more than 50 

hours of flight time with the Subject UAS. 

C. UAS Operating Parameters and Intended Flight Profile 

Douglas King is a technology professional with over 20 years of technology application, engineering and 

research experience. He has engineered and deployed numerous complex systems for large companies. 

Along those lines, safety is always the first concern.

The following UAS Operating Procedures will be adopted and followed each time the UAS is flown:

1. All flights will be flown below 300 feet and within a radius distance of 800 feet from the 

remote control ground unit. 

2. The Pilot In Command will have direct line of sight visual observation of the UAS at all 

times, and will operate the UAS only within direct line of sight. 

3. There will be times when the UAS is flown in close proximity, within 20-25 feet a structure 

which is the subject of photography or videography. When this occurs, the UAS will be 

operated at less than 3 miles per hour. 

4. Prior to the start of a flight, a pre-flight checklist will be thoroughly completed. This 

includes verifying a GPS lost-link procedure which will safely return the UAS in the event of 

a loss of communication between the aircraft and the remote control, as well as other 

standard safety checks and compass calibration as recommended by the manufacturer. 

Specific weather conditions are also addressed at this time, and the UAS will not be flown in 

adverse weather conditions, such as heavy wind, rain or snow. 

5. If the need arises for a flight to be within 5 miles of an airport, the flight will only occur after 

permission has been granted by the appropriate control tower. 
Sections of 14 CFR From Which Petitioner is Seeking an Exemption

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness 

Certificates 

14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness 

Certification 

14 CFR § 45.23 Display of marks; general 

14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors 

14 CFR § 91.7 Civil Aircraft Airworthiness 

14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard 

Requirements 

14 CFR § 91.103 Preflight Action 

14 CFR § 91.105 Flight Crewmembers at Stations 

14 CFR § 91.109 Flight Instruction 

14 CFR § 91.119 Minimum Safe Altitudes: General 

14 CFR § 91.121 Altimeter Settings 

14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions 

14 CFR § 91.203 Civil Aircraft: Certifications Required 

14 CFR § 91.207 Emergency Locator Transmitters 

14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations 

Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H – FAR Part 21 establishes the procedures for issuance of certificates of 

airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the 

FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from 

the requirements of this part because the size, weight, speed, operational capability and proximity to 

airports in which the UAS will be flown pose significantly less of a risk than those risks posed by 

conventional aircraft. Manned aircraft pose risks to the life and safety of the crew; that is not a 

consideration with the subject UAS. Risks to third parties are also minimized given the lightweight and 

slow speed at which the Subject UAS would operate. Nor are there risks of fuel spilling or fire in the 

event of an accident. Because of these factors, the petitioner requests that the FAA waive the 

requirement that the subject UAS require an airworthiness certificate. 

14 CFR Part 36 – FAR Part 36, Subparts A, F and O establish certain noise standards for certification of 

various aircraft types. Because the subject UAS would not have an airworthiness certificate, and given 

its small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36. 

14 CFR § 45.23 – FAR 45.23 establishes marking requirements for aircraft; paragraph (b) mandates the 

registration number be displayed in letters not less than two inches in height. The subject UAS is too 

small to accommodate the type-size requirement. The petitioner request and exemption from this part. 

14 CFR Part 61 – FAR Part 61 sets forth the certification requirements for pilots. Because the subject 

UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the 

petitioner requests an exemption from FAR Part 61, that would allow him to operate the subject UAS for 

aerial video and photography projects. In lieu, petitioner is currently, since 2014, a member of the FBI 
Infragard Richmond VA Alliance and has gone through the necessary background checks by the FBI in

order to determine that Douglas King does not pose a threat to national security. 

14 CFR § 91.7 – FAR 91.7 – (a) No person may operate an aircraft unless it is in an airworthy condition. 

To the extent that “airworthy” is defined as requiring an airworthiness certificate, the petitioner requests 

an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 

14 CFR Part 21, Subpart H. Petitioner will not, however, operate the subject UAS if it is not in a 

condition for safe flight, as required under FAR 91.7 (b). 

14 CFR § 91.9 – FAR 91.9 – requires that all aircraft have certain markings, placards and on-board flight 

manuals. Petitioner requests an exemption from this requirement for the same reasons as stated in in 

petitioner’s request for exemption under 14 CFR Part 21, Subpart H. 

14 CFR § 91.103 – FAR 91.103 – mandates certain pre-flight action. Petitioner will take all necessary 

pre-flight action, but requests an exemption from this requirement based on the interpretation of this 

requiring pre-flight actions that are appropriate to manned aircraft only. 

14 CFR § 91.105 -- FAR 91.105 – requires that crewmembers be at designated stations, with safety belts 

fastened, etc. Petitioner requests an exemption to this due to the fact that the subject UAS is unmanned. 

14 CFR § 91.109 – FAR 91.109 – requires that persons operating an aircraft for flight instruction may 

not do so unless that aircraft has fully functioning dual controls. Petitioner requests an exemption due to 

the fact that the subject UAS does not have a second controller or dual control capability, which is 

consistent with other, similar UAS units. 

14 CFR § 91.119 – FAR 91.119 – indicates the minimum safe altitudes over various areas. Petitioner 

requests an exemption to this, due to the fact that the subject UAS is intended to be a low-flying device in 

order to capture aerial video and photography. 

14 CFR § 91.121 – FAR 91.121 – requires various altimeter settings in order to maintain a level flight. 

Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that 

matches the requirements of this FAR. Altitude will be monitored through the DJI Vision app, and the 

unit will be kept below 300 feet as designated by the indications within that app. 

14 CFR § 91.151 – FAR 91.151 – sets forth requirements for amount of fuel on any given flight. 

Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. The 

subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining. 

14 CFR § 91.203 – FAR 91.203 – requires that a civil aircraft have an airworthiness certificate and a 

registration certificate. Petitioner requests an exemption from this FAR because of the reasons stated in 

petitioner’s request for an exemption under 14 CFR Part 21, Subpart H. 

14 CFR § 91.207 – FAR 91.207 – prohibits operation of a US – registered aircraft unless it is equipped 

with an emergency locator transmitter. Given the limited distance of flights with the subject UAS, and 

the fact that it will be flown with direct line of sight visibility, petitioner requests an exemption from this 

FAR. 

14 CFR § Part 91, Subpart E – requires that owners or operators of aircraft have the aircraft inspected 

at certain intervals, and by certain mechanics. Petitioner requests an exemption from this Subpart 
because the subject UAS has a maintenance and trouble-shooting program that is best executed by the 

owner/operator and is different from that of manned aircraft. 

How this request would benefit the public

Aerial photography and video normally require the use of a manned aircraft, either a small airplane or 

helicopter, adding to already congested airspace. Use of a low-flying and slow moving UAS does not 

significantly impact the airspace as it is flown at a lower altitude and is more maneuverable and precise 

than larger, manned aircraft. This also enhances safety around the area being photographed, while also 

reducing environmental impacts caused by emissions from manned aircraft. 

Operations with this UAS will serve property owners a better perspective for progress, details and 

benefits of the subject being photographed which cannot be achieved by taking photographs from the 

ground or at higher altitudes in a manned aircraft. Low level aerial photography, as provided by a UAS is 

also a valuable marketing tool that can lead to increased business. This type of photography can also 

improve work site efficiency in the construction industry by providing a perspective that cannot be seen 

through other efforts. 

Why this exemption will not adversely affect safety

A pre-flight checklist will be performed prior to each flight to ensure the subject UAS is working 

properly before taking flight. Because the subject UAS is battery powered and does not carry any 

flammable fuels, there is little to no risk of fire in the event of an accident. The unit will also always be 

within a direct visual line of sight of the operator of the aircraft, in order to prevent the subject UAS from 

flying too close to any structure or people near the site being flown. 

The subject UAS is a very small aircraft, weighing less than 5 pounds, and the likelihood of damage to 

property or injury to an individual in the event of a mishap is extremely low. Aerial photography in 

general is still utilized very often, and the risk associated with using the subject UAS is significantly 

lower than the risk of traditional aerial photography using an airplane or helicopter. 

The subject UAS also has a lost-link fail safe function that is a part of the system, allowing the unit to 

return to its home base if the link between the remote controller and the unit is lost. 

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012: 

Petitioner is seeking an exemption from the following Federal Aviation Regulations:

14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 

14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 

14 CFR § 91.121 ; 14 CFR § 91.151 ; 14 CFR § 91.203 ; 14 CFR § 91.207 ; 

14 CFR Part 91, Subpart E 

Description of the exemption being sought:

The petitioner seeks an exemption from the above-referenced Federal Aviation Regulations to 

conduct aerial photography using a small, light unmanned aircraft for the purpose of acquiring 

photo and video documentation of real estate development and construction progress and sites in 

order to provide these images and videos to the owners or representatives of these properties. 
Conclusion

I would like to thank the FAA for considering my request. Please do not hesitate to contact me if there is 

a need for additional information. 

Respectfully Submitted, 

 

Douglas King

Spotsylvania VA 

Petitioner