US Department of Transportation Exemption Request Pursuant to Section 333 of the 

FAA Reform Act and Part 11 of the Federal Aviation

December 9, 2015 

Jordan Kessler

817 N. 10th Street #330

San Jose, CA 95112

513-593-4576

kesslejd@mac.com 

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., 

SE Washington DC 20590 

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

the Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 

14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 

14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 

CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act") 

and 14 CFR Part 11 Jordan Kessler, operator of Unmanned Aircraft Systems (UAS), 

hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") 

to allow commercial operation of 

Designated 

UAS, provided such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

Thank you in advance for your consideration. 

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would provide professional services in the following areas: 

1. All Aspects Aerial videography and cinematography 2. Low altitude aerial 

cinematography 

3. Weddings 

4. Aerial filming and photographing inspections 

5. Aerial acquisitions and research 
6. Aerial filming and photography for coverage of events, enhanced real estate 

listings, and structural inspections 

7. Aerial videography and cinematography to enhance academic community 

awareness and to augment real estate listing videos 

8. Aerial acquisitions and research over certain populated and rural areas of the 

United States 

9. Aerial survey, aerial photography and film and to assist search and rescue 

operations in remote areas. 

10. Aerial still photography. 

11. Aerial photography, structural inspections of bridges, pipelines, well and cell 

towers, real estate marketing and surveys and other flight operations. 

12. Commercial training of suss pilots and videography and photography of real 

estate property. 

13. Operations involving creation of image maps, photographs, and videos of cellular 

phone towers. 

14.. Surveying, aerial photography, videography and data acquisition for minerelated services. 

15. Search operations for missing persons 

As described fully below, the requested exemption would permit the operation of 

designated UAS as set forth in this document under controlled conditions in the NAS 

that would be a) limited b) controlled c) predetermined and d) safe. Approval of this 

exemption would increase public awareness of UAS operations and enhance safety to 

aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities 

to ".... establish requirements 

for the safe operation of such aircraft systems in the national airspace system." The 

name and address of the applicant is 

Jordan Kessler

817 N. 10th Street #330

San Jose, CA 95112

513-593-4576

kesslejd@mac.com

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 

CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 
14 CFR 91.7 (a)

14 CFR 91.9 (b) (2) 14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c) 14 CFR 91.121

14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 

91.409 (a) 14 CFR 91.417 (a) 

Jordan Kessler will operate one or more of the Following model UAS: DJI Phantom 3 

Professional Aircraft 

AIRCRAFT

Weight (including battery and propellers) - 1280 g

Diagonal size (including propellers) - 590 mm

Max Ascent Speed - 5 m/s

Max Descent Speed - 3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max Speed - 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea Level - 6000 m (Software altitude limit: 120 m above 

takeoff point)

Operating Temperature - 0°C to 40°C

GPS Mode - GPS/GLONASS

GIMBAL

Controllable Range - Pitch -90° to +30°

Stabilization - 3-axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency - 2.400 GHz-2.483 GHz

Max Distance

Up to 5 km or 3.1 miles (unobstructed, free of interference) when FCC compliant

Up to 3.5 km or 2.1 miles (unobstructed, free of interference) when CE compliant

Video Output Port - USB

Operating Temperature - 0°C- 40°C

Battery - 6000 mAh LiPo 2S

Mobile Device Holder - For tablet or phone

Receiver Sensitivity (1%PER) —101 dBm ±2 dBm

Transmitter Power (EIRP)

• FCC: 20 dBm

• CE: 16 dBm

Working Voltage - 1.2 A @7.4 V

INTELLIGENT FLIGHT BATTERY

Capacity - 4480 mAh

Voltage - 15.2 V

Battery Type - LiPo 4S

Energy - 68 Wh

Net Weight - 365 g
Max Flight Time - Approximately 23 minutes

Operating Temperature —10°C to 40°C

Max Charging Power - 100 W

CAMERA

Sensor - Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens - FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range - 100-3200 (video) 100-1600 (photo)

Shutter Speed - 8s -1/8000s

Image Max Size - 4000 x 3000

Still Photography Modes

• Single Shot

• Burst Shooting: 3/5/7 shots

• Auto Exposure Bracketing (AEB): 3/5

• Bracketed Frames at 0.7EV Bias

• Time-lapse

Video Recording Modes

Phantom 3 Professional

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types - Micro SD

VISION POSITIONING

Max Velocity - Less than 8 m/s (when 2 m above ground)

Altitude Range - 50 cm-300 cm

Operating Range - 50 cm-300 cm

Operating Environment- Surface with clear pattern and adequate lighting (Lux > 15)

• 100 W

APP / LIVE VIEW

Mobile App - DJI GO

EIRP - 100mW

Power Spectral Density - 6.9mW/MHz

Live View Working Frequency - 2.4GHz ISM

Live View Quality - 720P @ 30fps (depending on conditions and mobile device)

Latency - 220ms (depending on conditions and mobile device)

Required Operating Systems

• iOS 8.0 or later

• Android 4.1.2 or later

Recommended Devices

• iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad 

mini 2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad 

mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, 

iPhone 6, and iPhone 6 Plus

• Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, 

Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 

mini, SONY Z3 EXPERIA, MI 3, MI PAD

*Support for additional Android devices available as testing and development continues.
Given the small size of the UAS in scope and the controlled environment provided, the 

proposed operations will adhere to the Reform Act's safety requirements. The approval 

of this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly, the applicant graciously 

requests that the FAA grant the requested exemption. AIRCRAFT AND EQUIVALENT 

LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as 

set forth in the Flight Operations Manual (FOM) include: 

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with 

battery and camera. 

2. The UAS, depending on the model in operation, will have a maximum operating 

speed of no more than 50mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

4. Maximum flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery 

power reserve or 30 minutes of flight time whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged 

a minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day's flights consisting of all the days' 

Production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 
11. The flights will occur in Class G airspace no closer than a Smile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 

13. The operator will do a pre check of aircraft prior to each flight. And log each flight. 

14. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 100 

feet of the flight operation, and the radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as U.S. Department of Transportation required 

under the FOM. With the advanced permission of the FSDO, operations at closer range 

may be approved. 

15. The PIC and VO will have been trained in operation of UAS and receive up to date 

information for the particular UAS to be operated. 

16. The PIC and VO will be able to communicate by voice and/or radio at all times. 

17. The PIC will abide by all rules 

18. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a predetermined

location within a designated location and

land autonomously. 

19. The UAS will have the capability to abort a flight in case of emergencies with an 

automated "Return Home and Land" function. 

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies such as low battery. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular 

UAS. 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 a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The UAS to be 

operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials

or flammable liquid fuels, and operates exclusively within a secured and designated 

area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree of 

safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application 

of these same

criteria demonstrates that there is no credible threat to national security posed by the 

UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load. 14 

C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include 

only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks 

include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light sport

category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, 

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited/' "restricted/' "light sport/'

"experimental/' or "provisional/' as applicable. Even though the UAS 

will have no airworthiness certificate, an exemption may be needed as the UAS will 

have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" 

can be placed. Given the size of the UAS, two inch

lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance 

with §45.29 (f). US Department of Transportation February 20, 2015 The equivalent 

level of safety will be provided by having the UAS marked

on its fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 

(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 

CFR 61.113 (a) & 
(b), no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire. The proposed 

UAS

operations may achieve an equivalent level of safety as achieved by current 

Regulations because the applicant's UAS do not carry any pilots or passengers nor 

property. The risks attendant to the operation of UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. It is believed that the 

operation and limitations set forth in the FOM will equate to the safe operation of the 

UAS. 

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person 

may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft for maintenance and use of safety checklists prior to each flight, an equivalent 

level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the 

Aircraft. Section 91.9 (b) {2) 

provides: No person may operate a U.S.registered

civil aircraft ... (2) For which an Airplane

or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The 

UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft. The equivalent level of safety 

will be maintained by keeping the flight manual at the ground control point where the 

pilot flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to 

take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft an exemption will be needed. The PIC 

will take all actions as stated in the FOM in Section 4 under Normal Procedures 

including but not limited to reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight 

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may 

operate a

civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, 

by their design

do not have fully functional dual controls. Flight control is accomplished through the use 

of a control box that communicates with the aircraft via radio communications. the FAA 

has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. The equivalent level 
of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes 

for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less 

than the minimums prescribed, provided the person operating the helicopter complies 

with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for 

a UAS that is a helicopter and the exemption requests authority to operate at altitudes 

up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the 

UAS will never operate at higher than 400 AGL with the exception that in circumstances 

where the UAS is used to survey or photograph a structure whose height exceeds 400 

feet AGL, the UAS will not be operated more than 200 feet above the highest 

point on the structure. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their 

pre obtained 

consent. The equivalent level of safety will be achieved

given the size, weight, and speed of the UAS as well as the location where it is 

operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated 

with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low altitude operations of the 

UAS will ensure separation between these UAS operations and

the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. 

§91.121 Altimeter Settings. This regulation requires each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is set "...to the elevation of 

the departure airport or an appropriate altimeter setting available before departure." As 

the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

U.S. exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 

91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits 

an individual from beginning "a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing, and, assuming normal cruising speed- (1) During the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within 

the scope of prior exemptions. Operating the UAS in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. The applicant believes that an 
equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power- whichever happens first. This restriction would be more than adequate to 

return the UAS to its planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may 

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate 

. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers 

or crew. The UAS fully loaded weighs well under the proposed 551b 

limit and is operated without an onboard pilot. As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "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...," and others shall inspect or maintain the aircraft 

in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook. An equivalent level of safety will be achieved 

because the UAS is very limited in size and will carry a small payload and operate only 

in restricted areas for a limited period of time. If mechanical issues arise the UAS can 

land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is 

the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of safety 

will be achieved because maintenance and inspections will be performed in accordance 

with the 

UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed. 

Additional Information. 
The applicant, Jordan Kessler believes this exemption request and associated safety 

considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 

2012, providing sufficient justification for the granting of commercial operations of the 

applicant's UAS.

The applicant, 

Jordan Kessler requests your respective approval of this Section 3 exemption petition 

request. 

Thank you for your attention in this matter. Please notify Jordan Kessler of your actions, 

and or approvals. Thank you, for your interest in this request. 

Sincerely, Jordan Kessler

DJI Manual Link : 

http://www.dji.com/product/phantom/download?www=v1