February	17,	2016

Docket	Management	System

1200	New	Jersey	Ave.,

Washington,	DC	20590

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	ad	Part	11	of	the	

Federal	Aviation	Regulations.

Dear	Sir	or	Madam:

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

“Reform	Act”),	Jonathan Stokoe	(the	“Applicant”),	sole	operator	of	an	Unmanned	

Aircraft	Systems	(“UAS”)	requests	an	exemption	from	the	Federal	Aviation	

Regulations	(“FARs”)	to	permit	commercial	operation	for	aerial	photography	and	

videography	of	real	estate,	regular	homes,	landscapes,	public	and	private	events	in	

Tucson, Arizona	and	surrounding	areas, as	long	as	the	operations	are	performed	

within	and	under	the	conditions	outlined	here	and/or	as	established	by	the	FAA	as	

required	by	section	333. The	UAS	I	will	be	piloting	is	a	DJI	Phantom	2.	

My	family	has	been	in	the	real	estate	business	for	15	+	years.	My	wife	and	I	are	both	

licensed	real	estate	agents	in	Arizona and have	a	desire	to	use	my	UAS	to	help	

market	not	only	our	own	listings,	but also many	listings	for	my	fellow	industry	

professionals.		I	am	currently	a	student	with	Arizona	Ultralight	Aviation	and	will	

have	my	sport	pilot	license	within	the	next	few months.	 My	wife	and	I	are	the	proud	

owners	of	Stokoe	Photo	LLC	and	once	I obtain	my	Sport	Pilot	Certificate	and	FAA	

exemption. I plan	to	use	this	license	to	pilot	my	DJI	Phantom	2	to	provide	real	estate	

photography	and	videography	to	my	community.	

With	this	new	technology	there	is	no	longer	a	need	for	planes to	go	in	the	sky	with	

photographers	inside,	which	can	put	many	lives	at	risk	because	of	the	combustible	

material	and	flammable	liquids.	Using	our	UAS	also	limits	the	risk	of	planes	crashing	

and	keeps	the	public	safe.	There	will	be	no	explosives	in	the	UAS along	with	no	

pilots,	nor	photographers.	This	makes	it	much	less	of	a	safety	concern	for	the	public	

because	my	piloting	of	the	UAS	is	less	hazardous	than	the	previously	used	

helicopters	or	planes.	

By	providing	these	services	to	our	market	in	Tucson,	Arizona,	I	will	be	adding	to	the	

growing	economy	and	benefiting	the	public	while	keeping	them	safe	with	fewer	

pilots	needing	to	fly	small	aircraft	to	accommodate	aerial	photographers.	
I,	Jonathan	Stokoe,	will	be	the	sole	operator	of	the	DJI	Phantom	2	and	because	of	the	

advanced	take	off/land	capabilities,	with	advanced	safety	features,	and	with	our	

companies	Standard	Operating	Procedures	I	know	I	will	be	able	to	conduct	each	

flight	safely	and	without	error.	All	UAS	operations	will	be	in	accordance	with	Stokoe	

Photo’s	Standard	Operating	Procedures	or	as	established	by	the	FAA.	

The	Name	and	address	of	the	applicant is:	

Stokoe	Photo	LLC

Jonathan	Stokoe

8701	E.	Tanque	Verde	Rd	#75

Tucson,	Arizona	85749

Stokoe	Photo	kindly	requests	the	grant	of	an	exemption	for	the	following	sections	of	

the	Title	14	Code	of	Federal	Regulations	allowing	it	to	operate	the	UAS	DJI	Phantom	

2	for	commercial	use.

Regulations	from	which	the	exemption	is	respectfully	requested:

14	CFR	Part	21	Subpart	H

14	CFR	45.23	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b)	(2)

14	CFR	91.103(b)

14	CFR	91.109

14	CFR	91.119	

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)	(2)

14	CFR	91.417	(a)	and	(b)
Specific	sections	of	14	CFR	of	which	I	seek	relief	and	why:	

14	CFR	Part	21	Subpart	H:	Airworthiness	Certificates

The	UAS	that	I will	be	operating	carries	no	pilot	or	passenger,	carries	no	explosive	

materials	or	flammable	liquids.	I,	Jonathan	Stokoe, request	an	exemption	because	of

the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft.	In	

the	restricted	environment	and	under	the	conditions	proposed	operation	will	be	at	

least	as	safe,	or	safer,	than	a	conventional	aircraft	operating	with	an	airworthiness	

certificate	without	said	restrictions	and	conditions	proposed.	

14	CFR	45.23	(b) Display	of	marks;	general.

This UAS	does	not	have	a	cockpit,	cabin,	or	pilot	station	on	which	to	mark	certain	

words	or	phrases	due	to	the	size	of	the	DJI	Phantom	2.	Being	that	the	UAS	is	so	small	

the	minimum	2	inch	lettering	would	not	fit	on	my	DJI	Phantom	2. I	request	

exemption	from	14	CFR	45.23	(b) because	I	will	not	be	able	to	comply	with	putting	

large	lettering	on	my	small	UAS.	The	lettering	I	will	put	on	my	UAS	will	need	to	be	

smaller	than	the	required	minimum.	I	understand the	importance	of		the	lettering	

and	because	of	this	I	will	mark	my UAS	with	the	largest	possible	letters	by	placing	

the	word	“Experimental”, assigned	number	or	name,	based	on	the	FAA’s	request	

ruling,	plus	our	registration	number	from	when	I	registered	my	drone,	on	the	UAS.	

The	equivalent	level	of	safety	will	be	provided	by	having	the	UAS	marked	as	

required.	

14	CFR	91.7	(a) Airworthiness	Certificates

Because	there	will	be	no	certificate	for	the	airworthiness	for	my	UAS	,	if	this	

exemption	is	granted,	there	will	be	no	FAA	regulatory	standard	existing	to	

determine	airworthiness.	An	equivalent	level	of	safety	will	be	provided	for	the	

aircraft	for	maintenance.	Also	an	equivalent	level	of	safety	is	provided	due	to	the	

safety	checklist	I	go	through	before	each	flight.	

14	CFR	91.9	(b)	(2)	Civil	Aircraft	Flight	Manual	in	the	Aircraft	

My	DJI	Phantom	2	is	a	small	UAS	and	because	of	the	size	and	configuration	it	is	

unable	to	carry	a	flight	manual	on	the	aircraft.	There	is	no	place	on	board	to	even	

carry	a	pilot	and	because	of	this	there	is	no	way	for	a	flight	manual	to	be	on	the	

aircraft.	I	am	requesting	exemption	from	14	CFR	91.9	(B)	(2)	because	I	will	not	be	

able	to	carry	a	flight	manual	on	my	UAS.	An	equivalent	level	of	safety	will	be	

maintained	by	keeping	the	flight	manual	at	the	take	off	point	where	the	operator	

will	be	able	to	have	access	to	it	at	a	minutes	notice.	
14	CFR	91.103(b)	Preflight	Action

I	request	exemption	from 14	CFR	91.103 pursuant	to	“Each	pilot	in	command	shall,	

before	beginning	a	flight,	become	familiar	with	all	available	information	concerning	

that	flight.	This	information	must	include—“	“(b)	For	any	flight,	runway	lengths	at	

airports	of	intended	use,	and	the	following	takeoff	and	landing	distance	

information:”	

Because	of	the	characteristics	of	my	UAS	it	does	not	need	a	runway	and	because	of	

that,	14	CFR	91.103(b)	is	inapplicable.

My	typical	preflight	procedure	consists	of	but	is	not	limited	to;	flight	battery	

requirement,	landing	and	take	off	distances,	reviewing	weather	to	make	sure	it	is	an	

appropriate	time	to	fly,	along	with	all	of	the	safety	procedures	listed	in	attachment	

“DJI	Safety	Guidelines”.	All of	these	procedures	are	my	equivalent	level	of	safety	for	

14	CFR	91.103(b).

14	CFR	91.109 Flight	Instruction;	Simulated	instrument	flight	and	certain	

flight	tests.

14	CFR	91.109	and	corresponding	subparagraphs	refer	to	the	operation	of	a	civil	

manned	aircraft	in	conjunction	with	training	and	flight	tests.	The	DJI	Phantom	2	

being	piloted	by	Jonathan	Stokoe	are	not	designated	in	this	category.

14	CFR	91.113	(a)	and	(b) Right-of-way	rules:	Except	water	operations

I	am	requesting	exemption	from	14	CFR	91.113	(a)	and	(b) because	when	I	am	

flying	because	it	is	under	400	ft	I	do	not	expect	to	encounter	any	other	aircraft	in	the	

airspace.	The	equivalent	level	of	safety	will	be	if	I	come	upon	another	UAS		I	will	be	

more	than	able	to	see	and	avoid	them	because	my	UAS	carries	no	pilot	nor	

passenger.	I	will	land	my	UAS	immediately	until	the other	aircraft	is	no	longer	in	

sight.	

14	CFR		91.119 Minimum	Safe	Altitudes

I,	Jonathan	Stokoe	will	make	sure	that	my	DJI	Phantom	2	does	not	operate	higher	

than	400	feet	at	ground	level.	 Stokoe	Photo	will	operate	within	its	defined	AOR	that	

has	been	predetermined	by	our	preflight	assessment.	I	will	ensure	that	I	do	not	fly	

over	congested	areas.	I	always	make	a	pre-flight	plan	to	ensure	proper	flight	safety	

and	accurate	height	examination	to	avoid	collisions.	
14	CFR	91.121 Altimeter	Settings

The DJI	Phantom	2	has	a	GPS	altitude	read	out	which	is	why	I	would	like	an	

exemption	from	14	CFR	91.121.	An	equivalent	level	of	safety	is	reached	by	the	live	

flight	data	that	is	provided	when	the	UAS	in	in	flight	which	also	confirms	the	current	

altitude	the	UAS	reaches	with	the	GPS	altitude	indicator.		

14	CFR	91.151	Fuel	Requirements	for	Flight	in	VFR	Conditions

14	C.F.R.	91.151	does	not	allow	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"

Because	the	battery	that	powers	the	DJI	Phantom	2	provides	approximately	18	

minutes	of	flight	which	is	less	than	the	reserve	requirement	for	day	or	night	VFR	

flight.	Because	of	the	restrictions	of	the	UAS’s	battery	life	and	because	of	its	ability	to	

land	immediately it	is	sensible	to	allow	an	exemption.

An	equivalent	level	of	safety	is	achieved	by	the	pilot	landing	when	25	%	battery	

power	is	remaining	on	the	UAS.	This	restriction	would	allow	the	UAS	to	return	to	its	

planned	landing	zone	in	the	AOR.	

14	CFR	91.203	(a)	and	(b) Civil	aircraft:	Certifications	Required.

Similar	to,	14	CFR	91.9	(b)	(2),	the	DJI	Phantom	2	has	no	ability	to	carry	any	

certificate	or	registration	documents	on	board	the	UAS.	Because	the	DJI	Phantom	2	

is	so	small	and	light	weighted	there	is	no room	or	pilot	on	board	to	adequately	store	

such	documents.	An	equivalent	level	of	safety	will	be	achieved by	keeping	the	

documents	with	the	flight	manual	at	the	take off	point	where	the	pilot	has	access	to	

it	at	a	minutes	notice.	

14	CFR	91.405	(a),	14	CFR	91.407	(a)	(1),	14	CFR	91.409	(a)	(2),	14	CFR	91.417	

(a)	and	(b) Maintenance	Inspections	

Because this	section	only	applies	to	an	aircraft	with	an	airworthiness	certificate;	

these	sections	do	not	apply	to	this	applicant.	For	safety	purposes the	operator	will	

perform	preflight	inspections	and	ensure	UAS	is	in	good	working	condition	before	

conducting each	flight.	Jonathan	Stokoe	is	seeking	relief	from	all	FARs	above	

preventing	the	applicant	from	conducting	aerial	photography	and	video	of	real	

estate	taken	at	levels	less	than	400	ft,	at	a	speed	less	than	33.5	mph,	and	with	a	

maximum	flight	time	of	15 minutes.	
The	drone	I	will	be	using	is	a	DJI	Phantom	2.	At	2.5	pounds,	the	weight	of	the	UAS	

meets	the	definition	of	“small	unmanned	aircraft”	found	in	section	331	“The	Reform	

Act”.	In	order	to	attain high	quality photography	and	video	the	DJI	Phantom	2 will	be	

used	at	speeds	much	less	than	it’s	potential	speed	up	to	33	mph.	Because the	UAS	is

battery	powered,	there	are	no	combustible	fuels	onboard	the	UAS	which	makes	it	

much	safer	than	the	standard	aircraft	with	flammable	liquids.	

The	maximum	flight	time	for	the	UAS	is	15	minutes	because	of battery	life.	All	flights	

will	be	terminated	when	there	is	25%	battery	life	remaining.	Given	the	size,	weight,	

speed,	and	limited	operating	area	associated	with	these	UAS’s,	I	find	this	exemption	

to	be	reasonable	with	an	equivalent,	or	greater,	level	of	safety	to	be	reached	by	the	

operator.

Safety:	

*Please	see	below (also	attached)		“DJI	Safety	Guidelines”	for	safety	precautions I	

use	for	every	flight.	Aside	from	these	practices	I	have	more	than	200	hours	from	

hobbyist	drone	flying.	I	am	getting	my	Sport	Pilot	Certificate	currently	in	which	I	am	

learning	the	different	types	of	airspace	and	from	my	at	least	200	hours	flying	

experience	I	know	what	types	of	weather	are	safe	to	fly	in	and	which	are	not	which	

helps	me	make	an	informed	decision	before	every	flight	of	whether	it	is	safe	to	fly	or	

not.

We	also	operate	by	the	following	Pre-flight	Checklist	as	can	be	seen	on	the	DJI	Safety	

Guidelines	Disclaimer		(Page	2	of	attached	Safety	guidelines	and	disclaimer)	

1) “Ensure	that	you	are	using	only	genuine	parts	and	that	all	parts	are	in	mint	

condition.

2) Ensure	the	remote	controller,	Intelligent	Flight	Battery,	and	mobile	device	

are fully	charged

3) Ensure	that	there	is	no	foreign	object	stuck	to	the	camera	lens,	the	micro-SD	

card	has	been	inserted	into	the	camera,	and	the	gimbal	can	rotate	freely	

before	powering	it	on.

4) Ensure	the	propellers	are	securely	mounted	onto	the	motors,	and	the motors	

can	start	and	function	normally.	

5) Follow	the	on-screen	instructions	to	calibrate	the	compass.

6) Ensure	the	DJI	Pilot	app	and	aircraft’s	firmware	have	been	upgraded	to	the	

latest	version.

7) Ensure	that	your	flight	area	is	outside	the	No-Fly	Zones	and	flight	conditions	

are	suitable	for	flying	the	aircraft.

8) Be	sure	that	you	are	NOT	flying	under	the	influence	of	alcohol,	drugs	or	any	

substance	that	may	impair	your	cognitive	abilities.

9) Be	familiar	with	the	selected	flight	mode	and	understand	all	safety	functions	

and	warnings.	

10)Be	sure	the	observe	al	local	regulations,	obtain	appropriate	authorizations,	

and	understand	the	risks.
REMEMBER:	it	is	solely	your	responsibility	to	comply	with	all	flight	

regulations.”

Additionally:	

1) I	land	my	DJI	Phantom	2	prior	to	manufacturer	recommended	minimum	

level	of	battery	power(25%)

2) Flights	will	be	piloted	in	the	line-of-sight	from	a	ground	based	pilot

3) My	UAS	uses	GPS and	a	flight	safety	feature	whereby	it	returns	to	the	

location	of	take	off	and	then	slowly	lands	if	communication	with	the	

remote	control	pilot	is	lost.	

4) The	UAS	will	weigh	less	than	55	pounds	at	take-off	and	during	flight

5) I	never	pilot	my	UAS	at	night,	only	in	daylight	and	clear	of	clouds

6) I	conduct	extensive	pre	flight	inspections	and	protocol,	which	helps	me	

have	a	safe	flight	every	time;	safety	is	our	number	one	priority.	

7) I	always	obtain	all	necessary	permissions	prior	to	operation

8) I	have	procedure	in	place	to	abort	flights	in	the	event	of	safety	breaches	

or	potential	endangerment.

9) I	always	fly	with	my	wife	she	is	my	VO (Visual	Observer)	and	she	has	been	

with	me	for	99%	of	my	hobbyist	flights	and	has	extensive	experience,	also	

she	knows	what	to	watch	for	and	keep	the	drone	away	from	any	

obstacles.

10) The	UAS	crew	will	consist	of	the	pilot	Jonathan	Stokoe	and	the VO	Heidi	

Stokoe	

11) The	pilot	Jonathan	Stokoe	will	conduct	a	pre	flight	to	determine	the	Area	

of	Responsibility	(AOR)	and	will	also	determine	the	assessment	of	

potential	hazards	to	include	but	not	limited	to:	temporary	flight	

restrictions,	closest	airport	proximity,	natural	and	manmade	obstacles,	

and	unnecessary	persons	which	may	cause	a	risk	to	operations	or	safety.	

12) Stokoe	Photo	will	obtain	consent	(verbal	or	written)	from	all	those	other	

than	the	Pilot	or	VO	who	need	to	be	within	100	feet	of	the	operation.	

13) Stokoe	Photo	will	only	conduct	flights	over	private	property	when	

consent	from	the	property	owner	has	been	obtained.

Stokoe	Photo	respectfully	requests	that	the	FAA	grant	its	exemption without	delay.

The	FAA	has	the	authority	to	issue	the	exemption sought	by	Stokoe	Photo	LLC	

pursuant to	the	Federal	Aviation	Act,	85	P.L.	726	(1958),	as	amended	(the	"Act").
Summary:	

Stokoe	Photo	is	seeking	an	exemption	from	the	following	sections	of	14	CFR:	

14	CFR	Part	21	Subpart	H,	14	CFR	45.23	(b),	14	CFR	91.7	(a),	14	CFR	91.9	(b)	

(2),	14	CFR	91.103(b),	14	CFR	91.109,	14	CFR	91.119,	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)	(2),	14	CFR	91.417	(a)	and	(b).	

By	granting	Stokoe	Photo LLC	an	exemption	to	operate	commercially	in	Tucson,	

Arizona	it	will	benefit	the	public	as	a	whole.	There	will	be	no	explosives	in	the	UAS	

along	with	no	pilots,	nor	photographers.	This	makes	it	much	less	of	a	safety	concern	

for	the	public	because	my	piloting	of	the	UAS	will	be	less	hazardous	than	the	

previously	used	helicopters	or	planes.	By	all	of	Stokoe	Photo’s	safety	procedures	set	

in	place	we	will	ensure	that	we	are	compliant	with	all	regulations	established	by	the	

FAA	and	look	forward	to	providing	this service	to	the	Tucson	metro	area.		

Thank	you	for	your	consideration,

Stokoe	Photo	LLC

Jonathan	Stokoe

stokoephoto@gmail.com

520.612.8278