UNITED	STATES	OF	AMERICA

DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION

WASHINGTON,	DC	

Regulatory	Docket	No.	FAA-2015-0977	

PETITION	FOR	EXEMPTION	

John	B.	King

FOR	AN	EXEMPTION	SEEKING	RELIEF	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF	THE	CODE	OF	

FEDERAL	REGULATIONS	SECTIONS	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	

91.407(a)(1),	91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	CONCERNING	COMMERCIAL	

OPERATION	OF	DJI	PHANTOM	3	UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	

OF	THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112-95)	

Submitted	on	August	6,	2015

John	B.	King

5322	SE	Ramona	St.

Portland,	OR	97206

Mobile:	503.548.3435	
SUMMARY	

John	B.	King	seeks	exemption	from	the	requirements	of	14	C.F.R	§§	61.113(a)	&	(b),	91.7(a),	91.121,	

91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b),	to	operate	an	

Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	

(FMRA).	This	exemption	will	permit	John	B.	King	to	operate	an	Unmanned	Aircraft	System	(UAS)	for	

the	commercial	purpose	of	conducting	aerial	video	and	photography	of	Real	Property,	and	landscapes	

over	certain	areas	of	the	United	States.

BACKGROUND	

Unmanned	Aircraft	System:	The	DJI	Phantom	3	UAS	

John	B.	King	seeks	an	exemption	to	operate	a	DJI	UAS	system	for	marketing	or	for	compensation	or	hire	

within	the	NAS.	The	DJI	Phantom	3	is	a	vertical	takeoff	and	landing	(VTOL)	Unmanned	Aircraft	(UA)	

with	a	Ground	Control	Station	(GCS)	utilizing	electronic	tablet	or	smart	phone	system.	The	DJI	

Phantom	3	has	a	maximum	gross	weight	of	approximately	2	pounds	11	ounces,	while	having	a	length	

of	16	inches	width	of	16	inches,	height	of	8	inches,	and	a	maximum	speed	of	approximately	29	knots.	

The	DJI	Phantom	3	UA	is	equipped	with	four	main	rotors;	driven	by	Lithium	Polymer	battery	powered	

electric	motors.	The	DJI	Phantom	3	UA	that	will	be	operated	by	John	B.	King	will	be	registered	in	

accordance	with	49	U.S.C.	44103,	Registration	of	Aircraft,	as	well	as	14	C.F.R	Part	47,	Aircraft	

Registration,	and	marked	in	accordance	with	14	C.F.R.	Part	45,	Identification	and	Registration	Marking.	

BASIS	FOR	PETITION	

Petitioner,	John	B.	King,	pursuant	to	the	provisions	of	the	Federal	Aviation	Regulations	(14	

C.F.R.	§	11.61)	and	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	Section	333,	Special	Rules	

for	Certain	Unmanned	Aircraft	Systems,	hereby	petitions	the	Administrator	to	commercially	operate	the	

DJI	Phantom	3	UAS	in	the	National	Airspace	System	(NAS),	and	for	an	exemption	from	the	6	

requirements	of	14	C.F.R	§§	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	91.407(a)(1),	

91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).	

In	consideration	of	the	speed,	weight,	size,	and	limited	operating	area	associated	with	the	unmanned	

aircraft	and	its	operation,	John	B.	King’s	operation	of	DJI	Phantom	3	UAS	meets	the	conditions	of	FMRA	

Section	333	and	therefore,	will	not	require	an	airworthiness	certificate	in	accordance	with	14	C.F.R.	

Part	21,	Subpart	H.	

Accordingly,	John	B.	King	requests	relief	from	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	

and	91.417(a)	&	(b),	as	these	sections	set	forth	requirements	for	maintenance	that	only	apply	to	

aircraft	with	an	airworthiness	certificate.	

John	B.	King	submits	that	the	requested	relief	is	proper	since	an	equivalent	level	of	safety	will	be	

ensured.	John	B.	King	will	use	experienced	personnel	or	technicians	to	perform	maintenance,	

alterations,	or	preventive	maintenance	on	the	UAS	using	the	methods,	techniques,	and	practices	

prescribed	in	the	operating	documents	(DJI	Phantom	3	Instruction	Manual).	Furthermore,	John	B.	King	

will	document	and	maintain	all	maintenance	records	for	the	DJI	Phantom	UAS.	

Relief	from	certain	requirements	of	Section	61.113(a)	and	(b),	entitled	Private	pilot	privileges	and	

limitations:	Pilot	in	command,	is	requested	by	John	B.	King	to	the	extent	necessary	to	allow	a	Pilot	in	

Command	(PIC)	holding	a	state-issued	drivers	license,	that	the	PIC	has	demonstrated	the	ability	to	
safely	operate	the	DJI	Phantom	3	UAS	in	a	manner	consistent	with	this	exemption,	including	evasive	

and	emergency	maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	

structures.	

John	B.	King	seeks	relief	from	Section	91.7(a),	entitled	Civil	aircraft	airworthiness,	because	the	DJI	

Phantom	3	UAS	do	not	require	an	airworthiness	certificate	in	accordance	with	14	C.F.R.	Part	21,	

Subpart	H.	As	such,	John	B.	King	submits	that	he	will	ensure	that	the	DJI	Phantom	3	UAS	is	in	an	

airworthy	condition,	prior	to	every	flight,	by	determining	that	the	UAS	is	in	compliance	with	the	

operating	documents	(i.e.,	DJI	Phantom	3	Instruction	Manual),	and	that	the	aircraft	are	in	a	condition	

for	safe	flight.		

John	B.	King	also	seeks	an	exemption	from	the	requirements	of	Section	91.121,	entitled	Altimeter	

Settings,	as	the	DJI	Phantom	3	UA	will	not	have	a	typical	barometric	altimeter	onboard.	However,	

altitude	information	of	the	DJI	Phantom	3	UA	will	be	provided	to	the	PIC	via	Global	Positioning	System	

(GPS)	equipment	and	radio	communications	telemetry	data	link,	which	downlinks	from	the	UA	to	the	

GCS	for	active	monitoring	of	the	flight	path.	This	altitude	information,	combined	with	John	B.	King’s	

operation	of	the	DJI	Phantom	3	UAS	within	visual	line	of	sight,	at	or	below	400	feet	AGL,	will	ensure	a

level	of	safety	equivalent	to	Section	91.121.	

Additionally,	John	B.	King	seeks	an	exemption	from	the	requirements	of	Section	91.151(b),	entitled	

Fuel	requirements	for	flight	in	VFR	conditions.	John	B.	King	submits	that	safety	will	not	be	affected	by	

operation	of	the	DJI	Phantom	3	UA	during	daylight	hours	in	visual	meteorological	conditions	(VMC)	

under	visual	flight	8	rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	approximately	

15	minutes	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	after	that	

for	at	least	5	minutes.		

In	accordance	with	14	C.F.R.	§	11.81,	John	B.	King	provides	the	following	information	in	support	of	its	

petition	for	exemption:	

A.	Name	And	Address	Of	The	Petitioner.	

The	name	and	address	of	the	Petitioner	and	point	of	contact	is:

John	B.	King

5322	SE	Ramona	St

Portland,	OR	97206

503.548.3435

Email:	johnkingpdx@gmail.com

B.	The	Specific	Sections	Of	14	C.F.R.	From	Which	John	B.	King	Seeks	Exemption.	

1.	John	B.	King	Seeks	Exemption	from	the	Requirements	Of	Section	61.113(a)	And	(b).	

Section	61.113,	entitled	Private	pilot	privileges	and	limitations:	Pilot	in	command,	subsections	(a)	and	

(b)	prescribe	the	following,	in	relevant	part:		

(a)	No	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command	(PIC)	of	an	aircraft	

that	is	carrying	passengers	or	property	for	compensation	or	hire;	nor	may	that	person,	for	

compensation	or	hire,	act	as	PIC	of	an	aircraft.		

(b)	A	private	pilot	may,	for	compensation	or	hire,	act	as	PIC	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.		

2.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Section	91.7(a).	

Section	91.7,	entitled	Civil	aircraft	airworthiness,	subsection	(a),	states	the	following:	9(a)	No	person	

may	operate	a	civil	aircraft	unless	it	is	in	an	airworthy	condition.		

3.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Section	91.121.	

Section	91.121,	entitled	Altimeter	settings,	subsection	(a),	states	the	following,	in	part:		

(a)	Each	person	operating	an	aircraft	shall	maintain	the	cruising	altitude	or	flight	level	of	that	aircraft,	

as	the	case	may	be,	by	reference	to	an	altimeter	that	is	set,	when	operating--

(1)	Below	18,000	feet	MSL,	to--		

(i)	The	current	reported	altimeter	setting	of	a	station	along	the	route	and	within	100	nautical	miles	of	

the	aircraft;	

(ii)	If	there	is	no	station	within	the	area	prescribed	in	paragraph	(a)(1)(i)	of	this	section,	the	current	

reported	altimeter	setting	of	an	appropriate	available	station;	or		

(iii)	In	the	case	of	an	aircraft	not	equipped	with	a	radio,	the	elevation	of	the	departure	airport	or	an	

appropriate	altimeter	setting	available	before	departure.		

4.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Section	91.151(b).	

Section	91.151,	entitled	Fuel	requirements	for	flight	in	VFR	conditions,	subsection		(b),	states	the	

following:	

(b)	No	person	may	begin	a	flight	in	a	rotorcraft	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,	to	fly	after	that	for	at	least	20	minutes.	

5.	John	B.	King	Seeks	Exemption	From	The	Requirement	Of	Section	91.405(a).	

Section	91.405,	entitled	Maintenance	required,	subsection	(a),	states	the	following:	Each	owner	or	

operator	of	an	aircraft—

(a)	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[.]	

6.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Section	91.407(a)(1)	

Section	91.407,	entitled	Operation	after	maintenance,	preventive	maintenance,	rebuilding,	or	alteration,	

subsection	(a)(1),	states	the	following:	

(a)	No	person	may	operate	any	aircraft	that	has	undergone	maintenance,	preventive	maintenance,	

rebuilding,	or	alteration	unless--

(1)	It	has	been	approved	for	return	to	service	by	a	person	authorized	under	§	43.7	of	this	chapter.

7.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Sections	91.409(a)(1)	And	

91.409(a)(2).	

Section	91.409,	entitled	Inspections,	subsection	(a),	states	the	following:		

(a)	Except	as	provided	in	paragraph	(c)	of	this	section,	no	person	may	operate	an	aircraft	unless,	

within	the	preceding	12	calendar	months,	it	has	had	--

(1)	An	annual	inspection	in	accordance	with	part	43	of	this	chapter	and	has	been	approved	for	return	

to	service	by	a	person	authorized	by	§	43.7	of	this	chapter;	or		

(2)	An	inspection	for	the	issuance	of	an	airworthiness	certificate	in	accordance	with	part	21	of	this	

chapter.	
8.	John	B.	King	Seeks	Exemption	From	The	Requirements	Of	Sections	91.417(a)	And	91.417(b).	

Section	91.417,	entitled	Maintenance	records,	subsections	(a)	and	(b),	state	the	following:		

(a)	Except	for	work	performed	in	accordance	with	§§	91.411	and	91.413,	each	registered	owner	or	

operator	shall	keep	the	following	records	for	the	periods	specified	in	paragraph	(b)	of	this	section:		

(1)	Records	of	the	maintenance,	preventive	maintenance,	and	alteration	and	records	of	the	100-hour,	

annual,	progressive,	and	other	required	or	approved	inspections,	as	appropriate,	for	each	aircraft	

(including	the	airframe)	and	each	engine,	propeller,	rotor,	and	appliance	of	an	aircraft.	The	records	

must	include--	11	(i)	A	description	(or	reference	to	data	acceptable	to	the	Administrator)	of	the	work	

performed;	and		

(ii)	The	date	of	completion	of	the	work	performed;	and		

(iii)	The	signature,	and	certificate	number	of	the	person	approving	the	aircraft	for	return	to	service.	

(2)	Records	containing	the	following	information:	

(i)	The	total	time	in	service	of	the	airframe,	each	engine,	each	propeller,	and	each	rotor.	

(ii)	The	current	status	of	life-limited	parts	of	each	airframe,	engine,	propeller,	rotor,	and	appliance.		

(iii)	The	time	since	last	overhaul	of	all	items	installed	on	the	aircraft	which	are	required	to	be	

overhauled	on	a	specified	time	basis.		

(iv)	The	current	inspection	status	of	the	aircraft,	including	the	time	since	the	last	inspection	required	

by	the	inspection	program	under	which	the	aircraft	and	its	appliances	are	maintained.		

(v)	The	current	status	of	applicable	airworthiness	directives	(AD)	and	safety	directives	including,	for	

each,	the	method	of	compliance,	the	AD	or	safety	directive	number	and	revision	date.	If	the	AD	or	

safety	directive	involves	recurring	action,	the	time	and	date	when	the	next	action	is	required.		

(vi)	Copies	of	the	forms	prescribed	by	§	43.9(d)	of	this	chapter	for	each	major	alteration	to	the	

airframe	and	currently	installed	engines,	rotors,	propellers,	and	appliances.		

(b)	The	owner	or	operator	shall	retain	the	following	records	for	the	periods	prescribed:	

(1)	The	records	specified	in	paragraph	(a)(1)	of	this	section	shall	be	retained	until	the	work	is	repeated	

or	superseded	by	other	work	or	for	1	year	after	the	work	is	performed.		

(2)	The	records	specified	in	paragraph	(a)(2)	of	this	section	shall	be	retained	and	transferred	with	the	

aircraft	at	the	time	the	aircraft	is	sold.	

(3)	A	list	of	defects	furnished	to	a	registered	owner	or	operator	under	§	43.11	of	this	chapter	shall	be	

retained	until	the	defects	are	repaired	and	the	aircraft	is	approved	for	return	to	service.		

C.	The	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	The	Relief.	

1.	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	Relief	From	Section	

61.113(a)	And	(b).	

Relief	from	Section	61.113(a)	and	(b)	entitled	Private	pilot	privileges	and	limitations:	Pilot	in	command,	

is	requested	to	the	extent	necessary	to	allow	a	PIC	holding	a	private	pilot	or	higher	level	certificate,	as	

well	as	a	current	and	valid	airman	medical	certificate,	and	who	has	met	certain	flight-hour	and	

currency	requirements,	to	conduct	the	proposed	UAS	flight	operations	for	compensation	or	hire.	This	

relief	is	requested	since	the	limitations	set	forth	in	Section	61.113(a)	and	(b)	state	that	a	private	pilot	

may,	for	compensation	or	hire,	act	as	PIC	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.		As	set	forth	more	fully	below,	John	B.	King	submits	

that	an	equivalent	level	of	safety	will	be	maintained	because	no	PIC	will	be	allowed	to	operate	the	DJI	

Phantom	3	UAS	unless	that	PIC	has	met	certain	flight-hour	and	currency	requirements,	demonstrating	

that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	3	UAS	in	a	manner	consistent	with	the	operations	

specifications	as	described	in	this	exemption,	including	evasive	and	emergency	maneuvers,	as	well	as	

maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	structures.
Further,	John	B.	King	submits	that	all	flights	of	the	DJI	Phantom	3	UAS,	conducted	by	the	PIC	pursuant	

to	the	grant	of	this	Petition:	(1)	will	be	incidental	to	John	B.	King’s	business;	and	(2)	will	not	carry	

passengers	or	property	for	compensation	or	hire.		

2.	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	Relief	From	Section	

91.7(a).	

Relief	from	Section	91.7(a)	entitled	Civil	aircraft	airworthiness,	is	requested	to	the	extent	required	to	

allow	John	B.	King	to	determine	that	the	DJI	Phantom	3	UAS	is	in	airworthy	condition	prior	to	every	

flight	by	ensuring	that	the	UAS	is	in	compliance	with	the	operating	documents	(i.e.,	the	Aerial	

Operations	Manual,	and	DJI	Phantom	3	Instruction	Manual).	John	B.	King	seeks	the	requested	relief	

because	the	DJI	Phantom	3	UAS	does	not	require	an	airworthiness	certificate	in	accordance	with	14	

C.F.R.	Part	21,	Subpart	H.	Therefore,	John	B.	King	will	ensure	that	the	DJI	Phantom	3	UAS	is	in	

airworthy	condition	based	upon	its	compliance	with	the	operating	documents	(i.e.,	DJI	Phantom	3	

Instruction	Manual)	prior	to	every	flight,	and	further,	determine	that	the	aircraft	are	in	condition	for	

safe	flight,	as	stated	in	the	conditions	and	limitations	below.	

3.	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	Relief	From	Section	

91.121.	

Relief	from	Section	91.121,	entitled	Altimeter	settings,	may	be	required	to	allow	flight	operations	of	the	

DJI	Phantom	3	UAS,	which	utilizes	a	barometric	pressure	sensor,	GPS	equipment,	and	a	radio	

communications	telemetry	data	link	to	downlink	altitude	information	from	the	UA	to	the	PIC	at	the	

ground	control	station	(GCS).	Since	the	FAA	requires	that	any	altitude	information	concerning	UAS	

operations	be	reported	to	air	traffic	control	(ATC)	in	feet	above	ground	level	(AGL),	John	B.	King	seeks	

the	requested	relief	because	the	DJI	Phantom	3	UA’s	altimeter	may	be	set	on	the	ground	to	zero	feet	

AGL,	rather	than	the	local	barometric	pressure	or	field	altitude,	before	each	flight.		Considering	the	

limited	altitude	of	the	proposed	operations,	relief	from	14	CFR	91.121	is	sought	to	the	extent	necessary	

to	comply	with	the	applicable	conditions	and	limitations	stated	below.	As	more	fully	set	forth	herein,	

an	equivalent	level	of	safety	will	be	maintained	since	the	DJI	Phantom	3	UA	is	equipped	with	a	

barometric	pressure	sensor	and	GPS	equipment,	which	automatically	ensures	that	a	ground	level	

pressure	setting	will	be	established	prior	to	each	flight,	and	provides	the	PIC	with	altitude	information	

of	the	UA	on	the	heads-up	display	of	the	GCS.		

4.	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	Relief	From	Section	

91.151(b).	

Relief	from	Section	91.151(b)	entitled	Fuel	requirements	for	flight	in	VFR	conditions,	is	requested	to	

the	extent	required	to	allow	flights	of	the	battery	powered	DJI	Phantom	3	UA	during	daylight	hours	in	

visual	meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	for	a	total	duration	of	15	

minutes	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	after	that	for	

at	least	5	minutes.	John	B.	King	seeks	the	requested	relief	because	without	an	exemption	from	Section	

91.151(b),	the	flight	time	duration	of	the	battery	powered	DJI	Phantom	3	UA	will	severely	constrain	

the	practicality	of	any	aerial	video	or	still	photo	flight	operations	that	John	B.	King	proposes	to	conduct	

pursuant	to	this	Petition.		Significantly,	as	set	forth	below,	the	technical	specifications	of	the	DJI	

Phantom	3	UAS,	the	DJI	Phantom	3	operating	documents,	and	John	B.	King’s	proposed	operating	

limitations,	ensure	that	John	B.	King	will	safely	operate	the	battery	powered	DJI	Phantom	3	UA	during	

daylight	hours	in	visual	meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	with	enough	

battery	power	to	fly	for	a	total	duration	of	15	minutes	to	the	first	point	of	intended	landing	and,	

assuming	normal	cruising	speed,	to	fly	after	that	for	at	least	5	minutes.		
5.	Extent	Of	Relief	John	B.	King	Seeks	And	The	Reason	John	B.	King	Seeks	Relief	From	Sections	

91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b).	

Since	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b)	only	apply	to	

aircraft	with	an	airworthiness	certificate,	John	B.	King	requests	relief	from	these	Sections	because	the	

DJI	Phantom	3	UAS	does	not	require	airworthiness	certificates.	As	set	forth	more	fully	below,	the	DJI	

Phantom	3	UAS	meets	the	conditions	of	FMRA	Section	333	for	operation	without	an	airworthiness	

certificate.	Accordingly,	John	B.	King	will	use	trained	technicians	to	perform	maintenance,	alterations,	

or	preventive	maintenance	on	the	UAS	using	the	methods,	techniques,	and	practices	prescribed	in	the	

UAS	operating	documents	(i.e.,	DJI	Phantom	3	Instruction	Manual).	Furthermore,	John	B.	King	will	

document	and	maintain	all	maintenance	records	for	the	DJI	Phantom	UAS.	

D.	The	Reasons	Why	Granting	John	B.	King’s	Request	Would	Be	In	The	Public	Interest;	That	Is,	

How	It	Would	Benefit	The	Public	As	A	Whole.	

Granting	the	present	Petition	will	further	the	public	interest	by	allowing	John	B.	King	to	safely,	

efficiently,	and	economically	perform	aerial	video	and	photography	of	Real	Estate,	

sporting/recreational	fields,	and	other	areas	of	the	United	States.	Additionally,	use	of	the	DJI	Phantom	

3	UAS	will	decrease	congestion	of	the	NAS,	reduce	pollution,	and	provide	significant	benefits	to	the	

economy.	Notably,	the	benefits	of	John	B.	King’s	proposed	operation	of	the	DJI	Phantom	3	UAS	will	be	

realized	without	implicating	any	privacy	issues.		

1.	The	Public	Will	Benefit	From	Decreased	Congestion	Of	The	NAS.	

The	DJI	Phantom	3	UA	is	battery	powered	and	serves	as	a	safe,	efficient,	and	economical	alternative	to	

the	manned	aircraft	traditionally	utilized	to	obtain	aerial	imagery.	By	reducing	the	amount	of	manned	

aircraft	needed	to	perform	aerial	acquisitions,	an	exemption	allowing	the	use	of	a	DJI	Phantom	3	UAS	

would	reduce	the	amount	of	manned	aircraft	in	the	NAS,	reduce	noise	and	air	pollution,	as	well	as	

increase	the	safety	of	life	and	property	in	the	air	and	on	the	ground.		

2.	The	Public	Will	Benefit	From	The	Safety	And	Efficiency	Of	The	DJI	Phantom	3	UAS.	

Conducting	aerial	acquisitions	with	the	DJI	Phantom	3	UAS,	instead	of	manned	aircraft,	will	greatly	

benefit	the	public	by	drastically	reducing	the	substantial	risk	to	life	and	property	in	the	air	and	on	the	

ground,	which	is	usually	associated	with	traditional	manned	aircraft	flight	operations.	Aside	from	the	

lack	of	flight	crew	members	located	onboard	the	aircraft,	the	DJI	Phantom	3	UA	(weighing	

approximately	2	pounds	11	ounces,	at	its	maximum	gross	weight	with	a	length	of	16	inches,	with	a	

width	of	16	inches,	and	with	no	fuel	on	board),	has	less	physical	potential	for	collateral	damage	to	life	

and	property	on	the	ground,	and	in	the	air,	compared	to	the	manned	aircraft	that	typically	conduct	

similar	operations	(weighing	approximately	4,450	pounds	with	a	wingspan	of	approximately	37	feet,	a	

length	of	42	feet,	and	a	fuel	capacity	of	110	gallons,	(Specifications	of	a	Bell	Jet	Ranger	206)).	

3.	Performing	Aerial	Video	and	Photography	Operations	With	The	DJI	Phantom	3	UAS	Will	

Benefit	The	Economy.	

In	addition	to	being	safe	and	efficient,	the	DJI	Phantom	3	UAS	is	also	an	economical	alternative	to	using	

manned	aircraft	to	conduct	similar	aerial	operations.	As	such,	operation	of	the	DJI	Phantom	3	UAS	will	

allow	United	States	citizens,	like	John	B.	King,	to	remain	competitive	and	contribute	to	growth	of	the	

U.S.	economy.	Specifically,	with	the	housing	sector,	operating	the	battery	powered	DJI	Phantom	3	UAS	

is	one	such	technology	that	not	only	allows	citizens	such	as	John	B.	King	to	remain	competitive	and	

profitable,	and	therefore,	provide	greater	exposure	and	marketing	of	said	real	property,	which	will	

ultimately	contribute	to	growth	of	the	U.S.	economy	housing	sector.		
4.	There	Are	No	Privacy	Issues.	

Similar	to	the	manned	aerial	acquisition	flight	operations	that	have	been	conducted	for	decades,	John	

B.	King’s	proposed	operation	of	the	DJI	Phantom	3	UAS	will	not	implicate	any	privacy	issues.	

Specifically,	the	DJI	Phantom	3	UAS	will	be	operated	only	in	compliance	with	operating	documents	(i.e.,	

DJI	Phantom	3	Instruction	Manual)	which	requires	property	owner	involvement	and	in	accordance	

with	the	Federal	Aviation	Regulations,	including	the	minimum	altitude	requirements	of	14	C.F.R.	§	

91.119.	

E.	The	Reasons	Why	Granting	The	Exemption	Would	Not	Adversely	Affect	Safety,	Or	How	The	

Exemption	Would	Provide	A	Level	Of	Safety	At	Least	Equal	To	That	Provided	By	The	Rule	From	

Which	John	B.	King	Seeks	Exemption.	

1.	Reasons	Why	The	DJI	Phantom	3	UA	Meet	The	Conditions	Of	The	FAA	Modernization	and	

Reform	Act	of	2012	(FMRA)	Section	333.		

In	consideration	of	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	unmanned	

aircraft	and	its	operation,	John	B.	King’s	operation	of	the	DJI	Phantom	3	UAS	meets	the	conditions	of	

FMRA	Section	333,	and	will	not	require	an	airworthiness	certificate	in	accordance	with	14	C.F.R.	Part	

21,	Subpart	H.	Section	333	provides	authority	for	a	UAS	to	operate	without	airworthiness	certification	

and	sets	forth	requirements	for	considering	whether	a	UAS	will	create	a	hazard	to	users	of	the	NAS	or	

the	public,	or	otherwise	pose	a	threat	to	national	security.	Specifically,	FMRA	Section	333	states	the	

following,	in	part:	

(a)	In	General.--Notwithstanding	any	other	requirement	of	this	subtitle,	and	not	later	than	180	days	after	

the	date	of	enactment	of	this	Act,	the	Secretary	of	Transportation	shall	determine	if	certain	unmanned	

aircraft	systems	may	operate	safely	in	the	national	airspace	system	before	completion	of	the	plan	and	

rulemaking	required	by	section	332	of	this	Act	or	the	guidance	required	by	section	334	of	this	Act.	

(b)	Assessment	of	Unmanned	Aircraft	Systems.--In	making	the	determination	under	subsection	(a),	the	

Secretary	shall	determine,	at	a	minimum--

(1)	which	types	of	unmanned	aircraft	systems,	if	any,	as	a	result	of	their	size,	weight,	speed,	operational	

capability,	proximity	to	airports	and	populated	areas,	and	operation	within	visual	line	of	sight	do	not	

create	a	hazard	to	users	of	the	national	airspace	system	or	the	public	or	pose	a	threat	to	national	security;	

and	

(2)	whether	a	certificate	of	waiver,	certificate	of	authorization,	or	airworthiness	certification	under	

section	44704	of	title	49,	United	States	Code,	is	required	for	the	operation	of	unmanned	aircraft	systems	

identified	under	paragraph	(1).	

(c)	Requirements	for	Safe	Operation.--If	the	Secretary	determines	under	this	section	that	certain	

unmanned	aircraft	systems	may	operate	safely	in	the	national	airspace	system,	the	Secretary	shall	

establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.	

In	seeking	this	exemption,	John	B.	King	submits	that	the	DJI	Phantom	3	UAS	can	operate	safely	in	the	

NAS	pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a)	the	characteristics	of	the	DJI	Phantom	3	

UAS;	(b)	the	pilot	certification	requirement;	and	(c)	the	specific	operating	limitations.	

a.	The	Specifications	Of	The	DJI	Phantom	3	UAS	Demonstrate	Its	Safe	Characteristics.	

The	DJI	Phantom	3	UAS	does	not	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	

threat	to	national	security	considering	its	size,	weight,	speed,	and	operational	capability.		

i.	Technical	Specifications	Of	The	DJI	Phantom	UAS.	
The	technical	specifications	of	the	DJI	Phantom	3	UAS	are	set	forth	by	the	DJI	Phantom	3	Specifications	

and	Data	Sheet,	attached	hereto	as	Exhibit	A.	

ii.	The	DJI	Phantom	3	UAS	Autonomous	Flight	And	Navigation	Modes	Enable	The	UAS	To	Remain	

Within	A	Defined	Operational	Area.	

The	DJI	Phantom	3	UAS	may	be	operated	in	both	manual	and	fully	autonomous	flight	modes.	A	

complete	description	of	the	flight	and	navigational	modes	of	the	DJI	Phantom	3	UAS	is	provided	in	the	

DJI	Phantom	3	User	Manual,	attached	hereto	as	Exhibit	B.	

iii.	The	DJI	Phantom	3	UAS	Is	Designed	For	Automatic	Return	To	Home	Point	Or	Hover	In	The	

Event	Of	Loss	Of	The	Control	Link	Or	Navigation.	

When	the	Control	Link	is	lost,	the	DJI	Phantom	3	UA	will	remain	stationary,	in	flight,	for	3	seconds	or	

more.	If,	after	3	seconds,	the	DJI	Phantom	3	UA	does	not	reacquire	control	link	data	from	the	GCS,	the	

UA	will	assume	that	the	Control	Link	is	lost	and	the	UA	will	return	to	the	home	position	(i.e.,	failsafe	

mode)	via	GPS,	and	will	descend	to	the	takeoff	position	and	shutdown.		A	complete	description	of	the	

Failsafe	Functions	of	the	DJI	Phantom	3	UAS	User	Manual,	attached	hereto	as	Exhibit	B.	

iv.	The	DJI	Phantom	3	Safety	Zones.	

A	recent	firmware	update	provides	Safety	Zones	whereby	restrictions	are	self-imposed	by	the	software	

in	the	UAS.	The	restricted	areas	are	divided	into	Category	A,	and	Category	B.	Category	A	is	around	

larger	airports	like	LAX	and	Heathrow.	Within	1.5	miles	of	this	zone,	the	UA	will	not	take	off.	Between	

1.5	miles	and	5	miles,	the	maximum	altitude	is	35	feet.	If	flying	within	320	feet	of	this	safety	zone,	a	

warning	message	will	appear	on	the	DJI	Vision	app.	Category	B	safety	zone	is	around	smaller	airports.	

Within	.6	miles	of	this	zone,	the	UA	will	not	take	off.	If	flying	within	.6	miles	this	safety	zone,	a	warning	

message	will	appear	on	the	DJI	Vision	app.	A	complete	description	of	the	“Flight	Restriction	of	

Restricted	Areas”	of	the	DJI	Phantom	3	GCS	and	flight	control	software	is	provided	in	the	DJI	Phantom	3	

User	Manual.	The	DJI	Phantom	3	User	Manual	is	attached	hereto	as	Exhibit	B.	

b.	Flight	Operations	Of	DJI	Phantom	3	UAS	Are	Limited	To	The	Line	Of	Sight	Of	A	Pilot	in	

Command.	

John	B.	King	will	act	as	pilot	in	command	(PIC)	of	the	DJI	Phantom	3	UAS.	

c.	Flights	Of	DJI	Phantom	3	UAS	Will	Be	Conducted	Pursuant	To	Specific	Operating	Limitations.	

In	seeking	this	exemption,	John	B.	King	proposes	to	commercially	operate	DJI	Phantom	3	UAS	for	the	

special	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	United	States,	

pursuant	to	the	following	specific	operating	limitations:		

1.	Operations	authorized	by	this	grant	of	exemption	will	be	limited	to	the	following	aircraft	described	

in	the	operating	documents,	rotorcraft	UAS	weighing	less	than	55	pounds	maximum	gross	weight:	DJI	

Phantom	3	Unmanned	Aircraft	System.	Proposed	operations	of	any	other	aircraft	will	require	a	new	

petition	or	a	petition	to	amend	this	grant.		

2.	UAS	operations	under	this	exemption	will	be	limited	to	conducting	operations	for	the	purpose	of	

aerial	video	and	photography.	

3.	The	UA	may	not	be	flown	at	an	indicated	airspeed	exceeding	20	knots.	

4.	The	UA	must	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	level	(AGL),	as	

indicated	by	the	procedures	specified	in	the	operating	documents	unless	a	special	request	is	made	and	

approved	by	ATC.	All	altitudes	reported	to	ATC	must	be	in	feet	AGL.	
5.	The	UA	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times.	This	requires	the	

PIC	to	be	able	to	use	human	vision	unaided	by	any	device	other	than	corrective	lenses.	

6.	The	use	of	first	person	view	(FPV)	by	the	PIC	is	not	permitted.		

7.	The	operating	documents	and	the	grant	of	exemption	must	be	accessible	during	UAS	operations	and	

made	available	to	the	Administrator	upon	request.	If	a	discrepancy	exists	between	the	conditions	and	

limitations	contained	in	the	grant	of	exemption	and	the	procedures	outlined	in	the	operating	

documents,	the	conditions	and	limitations	contained	in	the	grant	of	exemption	take	precedence	and	

must	be	followed.	Otherwise,	the	operator	must	follow	the	procedures	as	outlined	in	its	operating	

documents.	The	operator	may	update	or	revise	its	operating	documents.	It	is	the	operator’s	

responsibility	to	track	such	revisions	and	present	updated	and	revised	documents	to	the	Administrator	

upon	request.	The	operator	must	also	present	updated	and	revised	documents	if	it	petitions	for	

extension	or	amendment	to	the	grant	of	exemption.	If	the	operator	determines	that	any	update	or	

revision	would	affect	the	basis	upon	which	the	FAA	granted	the	exemption,	then	the	operator	must	

petition	for	amendment	to	its	grant	of	exemption.	The	FAA’s	UAS	Integration	Office	(AFS-80)	may	be	

contacted	if	questions	arise	regarding	updates	or	revisions	to	the	operating	documents.		

8.	Prior	to	each	flight	the	PIC	must	inspect	the	UAS	to	ensure	that	it	is	in	a	condition	for	safe	flight.	If	the	

inspection	reveals	a	condition	that	affects	the	safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from	

operating	until	the	necessary	maintenance	has	been	performed	and	the	UAS	is	found	to	be	in	a	

condition	for	safe	flight.	The	Ground	Control	Station	must	be	included	in	the	preflight	inspection.	All	

maintenance	and	alterations	must	be	properly	documented	in	the	aircraft	records.	

9.	Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	operation	or	flight	

characteristics,	e.g.	replacement	of	a	flight	critical	component,	must	undergo	a	functional	test	flight.	

The	PIC	who	conducts	the	functional	test	flight	must	make	an	entry	in	the	aircraft	records.	

10.	The	pre-flight	inspection	must	account	for	all	potential	discrepancies,	e.g.	inoperable	components,	

items,	or	equipment,	not	already	covered	in	the	relevant	sections	of	the	operating	documents.		

11.	The	operator	must	follow	the	UAS	manufacturer’s	aircraft/component,	maintenance,	overhaul,	

replacement,	inspection,	and	life	limit	requirements.	

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

accordance	with	the	operating	documents.	Maintenance,	inspection,	alterations,	and	status	of	

replacement/overhaul	component	parts	must	be	noted	in	the	aircraft	records,	including	total	time	in	

service,	description	of	work	accomplished,	and	the	signature	of	the	authorized	person	returning	the	

UAS	to	service.		

13.	The	UAS	operated	under	this	exemption	must	comply	with	all	manufacturer	Safety	Bulletins.		

14.	The	authorized	person	must	make	an	entry	in	the	aircraft	record	of	the	corrective	action	taken	

against	discrepancies	discovered	between	inspections.	

15.	The	PIC	must	possess	a	valid	driver’s	license	issued	by	a	state.	
16.	UAS	operations	may	not	be	conducted	during	night,	as	defined	in	14	C.F.R.	§	1.1.	All	operations	

must	be	conducted	under	visual	meteorological	conditions	(VMC).	If	flight	at	night	is	required,	a	special	

request	will	be	made	at	the	FAA	office	closest	to	proposed	area	of	operations.	Flights	under	special	

visual	flight	rules	(SVFR)	are	not	authorized.		

17.	The	UA	may	not	operate	within	5	nautical	miles	of	an	airport	reference	point	as	denoted	on	a	

current	FAA-published	aeronautical	chart	unless	a	letter	of	agreement	with	that	airport’s	management	

is	obtained,	and	the	operation	is	conducted	in	accordance	with	a	NOTAM	as	required	by	the	operator’s	

COA.	The	letter	of	agreement	with	the	airport	management	must	be	made	available	to	the	

Administrator	upon	request.	

18.	The	UA	may	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	horizontally	from	a	

cloud	or	when	visibility	is	less	than	3	statute	miles	from	the	PIC.		

19.	If	the	UA	loses	communications	or	loses	its	GPS	signal,	it	must	return	to	a	pre-	determined	location	

within	the	planned	operating	area	and	land	or	be	recovered	in	accordance	with	the	operating	

documents.		

20.	The	PIC	must	abort	the	flight	in	the	event	of	unpredicted	obstacles	or	emergencies	in	accordance	

with	the	operating	documents.	

21.	The	PIC	is	prohibited	from	beginning	a	flight	unless	(considering	wind	and	forecast	weather	

conditions)	there	is	enough	power	to	fly	at	normal	cruising	speed	to	the	intended	landing	point	and	

land	the	UA	with	25%	battery	power	remaining.	

22.	All	aircraft	operated	in	accordance	with	the	exemption	must	be	identified	by	serial	number,	

registered	in	accordance	with	14	C.F.R.	part	47,	and	have	identification	(N-	Number)	markings	in	

accordance	with	14	C.F.R.	part	45,	Subpart	C.	Markings	must	be	as	large	as	practicable.		

23.	Before	conducting	operations,	the	radio	frequency	spectrum	used	for	operation	and	control	of	the	

UA	must	comply	with	the	Federal	Communications	Commission	(FCC)	or	other	appropriate	

government	oversight	agency	requirements.	

24.	The	documents	required	fewer	than	14	C.F.R.	91.9	and	91.203	must	be	available	to	the	PIC	at	the	

Ground	Control	Station	of	the	UAS	any	time	the	UAS	is	operating.	These	documents	must	be	made	

available	to	the	Administrator	or	any	law	enforcement	official	upon	request.	

25.	The	UA	must	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation	operations	and	

activities	at	all	times.		

26.	The	UAS	may	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.		

2.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Section	61.113(a)	And	(b)	Would	Not	

Adversely	Affect	Safety.	

John	B.	King	submits	that	the	equivalent	level	of	safety	established	by	Section	61.113(a)	and	

(b)	will	be	maintained	because	John	B.	King	has	logged	over	80	flight-hours	of	training.	John	B.	King	is	

able	to	safely	operate	the	DJI	Phantom	3	UAS	in	a	manner	consistent	with	the	exemption,	including	

evasive	and	emergency	maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	
vehicles	and	structures.	Considering	John	B.	King’s	proposed	area	of	operations,	and	the	operating	

limitations	set	forth-above;	and	the	airmanship	skills	necessary	to	safely	operate	the	DJI	Phantom	3	

UAS,	John	B.	King	submits	that	the	additional	manned	airmanship	experience	of	a	commercially	

certificated	pilot	would	not	correlate	to	the	airmanship	skills	necessary	for	John	B.	King’s	specific	

proposed	flight	operations.	The	FAA	has	previously	granted	relief	from	Section	61.113(a)	and	(b)	

specific	to	UAS,	in	circumstances	similar,	in	all	material	respects,	to	those	presented	herein	(e.g.	

Exemption	Nos.	11062,	11063,	11064,	11065,	11066,	11067,	11080,	11109,	11110,	11112,	11136,	

11138,	11150,	11153,	11156,	11158,	11159,	11160,	11161).	

John	B.	King	will	not	allow	any	other	PIC	to	operate	the	DJI	Phantom	3	UAS.	

3.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Section	91.7(a)	Would	Not	Adversely	

Affect	Safety.	

The	equivalent	level	of	safety	established	by	Section	91.7(a)	will	be	maintained	because	prior	to	every	

flight,	John	B.	King	will	ensure	that	the	DJI	Phantom	UAS	is	in	an	airworthy	condition	based	upon	the	

UAS’s	compliance	with	its	operating	documents	and	as	stated	in	the	conditions	and	limitations	herein.	

Additionally,	the	FAA	has	previously	granted	relief	from	Section	91.7(a)	specific	to	UAS,	in	

circumstances	similar,	in	all	material	respects,	to	those	presented	herein	(e.g.	Exemption	Nos.	11062,	

11063,	11064,	11065,	11066,	11067,	11080,	11109,	11110,	11112,	11136,	11138,	11150,	11153,	

11156,	11157,	11158,	11159,	11160,	11161).	

4.	Reasons	Why	an	Exemption	From	The	Requirements	Of	Section	91.121	Would	Not	Adversely	

Affect	Safety.	

The	equivalent	level	of	safety	established	by	Section	91.121	will	be	maintained	because	the	altitude	

information	of	the	DJI	Phantom	3	UA	will	be	provided	to	the	PIC	via	GPS	equipment	and	a	radio	

communications	telemetry	data	link,	which	downlinks	from	the	UA	to	the	GCS	for	active	monitoring	of	

the	flight	path	and	altitude.	This	altitude	information,	combined	with	John	B.	King’s	operation	of	the	DJI	

Phantom	3	UA	within	visual	line	of	sight,	at	or	below	500	feet	AGL,	will	ensure	a	level	of	safety	

equivalent	to	Section	91.121.	The	altitude	information	will	be	generated	by	GPS	equipment	installed	

onboard	the	aircraft.	Prior	to	each	flight,	a	zero	altitude	initiation	point	is	automatically	established	by	

the	UAS	at	ground	level.		The	FAA	has	previously	granted	relief	from	Section	91.121	specific	to	UAS,	in	

circumstances	similar,	in	all	material	respects,	to	those	presented	herein	(e.g.	Exemption	Nos.	11062,	

11063,	11064,	11065,	11066,	11067,	11080,	11109,	11112,	11136,	11138,	11150,	11153,	11156,	

11157,	11158,	11159,	11160,	11161).	

5.	Reasons	Why	an	Exemption	From	The	Requirements	Of	Section	91.151(b)	Would	Not	

Adversely	Affect	Safety.	

A	grant	of	this	exemption	would	ensure	an	equivalent	level	of	safety	established	by	14	C.F.R.	Section	

91.151(b)	as	a	result	of	(1)	the	technical	specifications	of	the	DJI	Phantom	3	UAS;	(2)	the	limitations	on	

the	proposed	flight	operations;	and	(3)	the	location	of	the	proposed	flight	operations.	Accordingly,	John	

B.	King	will	ensure	that	it	will	safely	operate	the	battery	powered	DJI	Phantom	3	UA	during	daylight	

hours	in	VFR	conditions,	with	enough	battery	power	to	fly	for	a	total	duration	of	15	minutes	to	the	first	

point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	after	that	for	at	least	5	minutes.		

Here,	as	in	Exemption	No.	11109,	the	technical	specifications	of	the	DJI	Phantom	3	UAS;	the	limitations	

on	the	proposed	flight	operations;	and	the	location	of	the	proposed	operations,	will	ensure	an	

equivalent	level	of	safety	established	by	14	C.F.R.	Section	91.151(b).	Furthermore,	safety	will	be	

ensured	as	the	DJI	Phantom	3	UAS	provide	audible	and	visual	warnings	to	the	PIC	at	the	GCS	when	the	

UA	experiences	low	battery	voltage,	the	first	warning	occurring	at	approximately	33%	remaining	

battery	power,	and	again	at	approximately	10%	remaining	battery	power.	At	the	critically	low	battery	
level,	the	DJI	Phantom	3	UAS	will	descend	and	land	automatically.		Significantly,	previous	exemptions	

granted	by	the	FAA	concerning	Section	91.151	establish	that	safety	is	not	adversely	affected	when	the	

technical	characteristics	and	operating	limitations	of	the	UAS	are	considered.	Relief	has	been	granted	

for	manned	aircraft	to	operate	at	less	than	the	minimums	prescribed	in	Section	91.151,	including	

Exemption	Nos.	2689,	5745,	and	10650.	Moreover,	the	FAA	has	previously	granted	relief	from	Section	

91.151	specific	to	UAS,	in	circumstances	similar,	in	all	material	respects,	to	those	presented	herein	(e.g.	

Exemption	Nos.	8811,	10808,	10673,	11042,	11062,	11063,	11064,	11065,	11066,	11067,	11080,	

11109,	11110,	11136,	11138,	11150,	11153,	11156,	11157,	11158,	11159,	11160,	11161).	

6.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Sections	91.405(a),	91.407(a)(1),	

91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b)	Would	Not	Adversely	Affect	Safety.	

In	seeking	this	exemption,	John	B.	King	submits	that	the	equivalent	level	of	safety	with	regard	to	the	

regulatory	maintenance	and	alteration	requirements	established	by	Sections	91.405(a),	91.407(a)(1),	

91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b)	will	be	met	because	John	B.	King	will	use	trained	

technicians	to	perform	maintenance,	alterations,	or	preventive	maintenance	on	the	UAS	using	the	

methods,	techniques,	and	practices	prescribed	in	the	operating	documents	(i.e.,	the	Aerial	Operations	

Manual,	Monthly	Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual).	Furthermore,	John	B.	King	

will	document	and	maintain	all	maintenance	records	for	the	DJI	Phantom	3	UAS.	

Since	the	DJI	Phantom	3	UAS	will	be	inspected	as	prescribed	by	the	operating	documents,	John	B.	King	

will	maintain	the	equivalent	level	of	safety	established	by	Sections	91.405(a),	91.409(a)(1),	and	

91.409(a)(2).	A	copy	of	the	DJI	Phantom	3	User	Manuals	are	attached	hereto	as	Exhibit	B.	Likewise,	the	

exemption	sought	will	not	adversely	affect	safety	because	John	B.	King	will	use	trained	technicians	to	

perform	maintenance,	alterations	or	preventive	maintenance	on	the	UAS	using	the	methods,	

techniques,	and	practices	prescribed	by	the	operating	documents.	Furthermore,	the	exemption	sought	

would	maintain	an	equivalent	level	of	safety	established	by	Sections	91.407,	91.417(a)	and	91.417(b),	

because	all	maintenance	of	the	DJI	Phantom	3	UAS	will	be	performed	by	trained	technicians.	

Maintenance	will	be	documented	and	maintained	utilizing	the	monthly	maintenance	log.		Significantly,	

previous	exemptions	granted	by	the	FAA	concerning	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	

(a)(2),	and	91.417(a)	&	(b)	establish	that	safety	is	not	adversely	affected	when	the	technical	

characteristics	and	operating	limitations	of	the	UAS	are	considered.		In	consideration	of	John	B.	King’s	

proposed	operating	limitations,	the	operating	documents,	and	the	technical	aspects	of	the	DJI	Phantom	

3	UAS,	John	B.	King	submits	that	safety	will	not	be	adversely	affected	by	granting	exemption	from	14	

C.F.R.	Sections	91.405(a),	91.407(a)(1)	and	(a)(2),	91.409(a)(2),	and	91.417(a)	and	(b).	The	FAA	has	

previously	granted	relief	specific	to	UAS	in	circumstances	similar,	in	all	material	respects,	to	those	

presented	herein	(e.g.	Exemption	Nos.	11062,	11063,	11064,	11065,	11066,	11067,	11080,	11109,	

11110,	11112,	11136,	11138,	11150,	11153,	11156,	11157,	11158,	11159,	11160,	11161).	

7.	The	FAA	May	Prescribe	Any	Other	Conditions	For	Safe	Operation.	

In	accordance	with	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	and	14	

C.F.R.	§	21.16	entitled	Special	Conditions,	John	B.	King	requests	that	the	FAA	prescribe	special	

conditions	for	the	intended	operation	of	the	DJI	Phantom	3	UAS,	which	contains	such	safety	standards	

that	the	Administrator	finds	necessary	to	establish	a	level	of	safety	equivalent	to	that	established	by	14	

C.F.R.	Part	21,	Subpart	H,	and	14	C.F.R	§§	61.113(a)	&	(b),	91.7	(a),	91.121,	91.151(b),	91.405(a),	

91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).	Such	special	conditions	will	permit	safe	

operation	of	the	UA	for	the	limited	purpose	of	conducting	aerial	video	and	photography	over	certain	

areas	of	the	United	States	for	compensation	or	hire.	FMRA	Section	333	sets	forth	the	requirements	for	

considering	whether	a	UAS	will	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	

threat	to	national	security;	and	further,	provides	the	authority	for	such	UAS	to	operate	without	
airworthiness	certification	in	accordance	with	any	requirements	that	must	be	established	for	the	safe	

operation	of	the	UAS	in	the	NAS.	Likewise,	the	Administrator	may	prescribe	special	conditions	

pursuant	to	14	C.F.R.	§	21.16,	for	operation	of	the	DJI	Phantom	3	UAS,	since	the	airworthiness	

regulations	of	14	C.F.R.	Part	21	do	not	contain	adequate	or	appropriate	safety	standards,	due	to	the	

novel	or	unusual	design	features	of	the	aircraft.	Section	21.16,	entitled	Special	Conditions,	states	the	

following:		If	the	FAA	finds	that	the	airworthiness	regulations	of	this	subchapter	do	not	contain	

adequate	or	appropriate	safety	standards	for	an	aircraft,	aircraft	engine,	or	propeller	because	of	a	

novel	or	unusual	design	feature	of	the	aircraft,	aircraft	engine	or	propeller,	he	prescribes	special	

conditions	and	amendments	thereto	for	the	product.	The	special	conditions	are	issued	in	accordance	

with	Part	11	of	this	chapter	and	contain	such	safety	standards	for	the	aircraft,	aircraft	engine	or	

propeller	as	the	FAA	finds	necessary	to	establish	a	level	of	safety	equivalent	to	that	established	in	the	

regulations.	See	14	C.F.R.	§	21.16.	Therefore,	in	accordance	with	FMRA	Section	333	and	14	C.F.R.	§	

21.16,	the	FAA	may	prescribe	special	conditions	for	John	King’s	intended	operation	of	the	DJI	Phantom	

3	UAS,	which	contain	such	safety	standards	that	the	Administrator	finds	necessary	to	establich	a	level	

of	safety	equivalent	to	that	established	by	14	C.F.R.	Part	21,	Subpart	H,	and	14	C.F.R.	Sections	61.113(a)	

&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).

F.	A	Summary	That	Can	Be	Published	In	The	Federal	Register,	stating:	The	Rules	From	Which	

John	B.	King	Seeks	Exemption:	

John	B.	King	seeks	exemption	from	the	requirements	of	14	C.F.R	Sections	61.113(a)&(b),	91.7(a),	91.121,	

91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).	

A	Brief	Description	Of	The	Nature	Of	The	Exemption	John	B.	King	Seeks:	

This	exemption	will	permit	John	B.	King	to	commercially	operate	an	Unmanned	Aircraft	System	(UAS)	for	

the	purpose	of	conducting	aerial	video	and	photography	over	certain	areas	of	the	United	States.	

G.	Any	Additional	Information,	Views,	Or	Arguments	Available	To	Support	John	B.	King’s	

Request.	

This	Petition	is	made	pursuant	to	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	Section	333,	

which	directs	the	Secretary	of	Transportation	to	determine	if	certain	UAS	may	operate	safely	in	the	

NAS.	As	such,	John	B.	King’s	request	for	exemption	may	be	granted	pursuant	to	the	authority	of	FMRA	

Section	333	and	14	C.F.R.	Part	11,	as	set	forth	above.		FMRA	Section	333	sets	forth	the	requirements	for	

considering	whether	a	UAS	will	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	

threat	to	national	security;	and	further,	provides	the	authority	for	such	UAS	to	operate	without	

airworthiness	certification.	As	discussed	in	detail	above,	John	B.	King	will	operate	the	DJI	Phantom	3	

UAS	safely	in	the	NAS,	without	creating	a	hazard	to	users	of	the	NAS,	or	the	public,	or	otherwise	pose	a	

threat	to	national	security.	

CONCLUSION	

As	set	forth	herein,	John	B.	King	seeks	an	exemption	pursuant	to	14	C.F.R.	§	11.61	and	Section	333	of	

the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	which	will	permit	safe	operation	of	the	DJI	

Phantom	3	UAS	commercially,	without	an	airworthiness	certificate,	for	the	limited	purpose	of	

conducting	aerial	video	and	photography	over	certain	areas	of	the	United	States.	By	granting	this	

Petition,	the	FAA	Administrator	will	be	fulfilling	the	Congressional	mandate	of	the	FAA	Modernization	

and	Reform	Act	of	2012,	while	also	advancing	the	interests	of	the	public,	by	allowing	John	B.	King	to	

safely,	efficiently,	and	economically	operate	the	DJI	Phantom	UAS	commercially	within	the	NAS.	

WHEREFORE,	in	accordance	with	the	Federal	Aviation	Regulations	and	the	FAA	Modernization	and	

Reform	Act	of	2012,	Section	333,	John	B.	King	respectfully	requests	that	the	Administrator	grant	this	
Petition	for	an	exemption	from	the	requirements	of	14	C.F.R	Sections	61.113(a)	&	(b),	91.7(a),	91.121,	

91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b),	and	permit	John	B.	

King	to	operate	the	DJI	Phantom	UAS	commercially	for	the	purpose	of	conducting	aerial	video	and	

photography	over	certain	areas	of	the	United	States.	

Dated:	August	6,	2015

Respectfully	submitted,

John	B.	King

5322	SE	Ramona	St.

Portland,	OR	97206

Mobile:	503.548.3435

Email:	johnkingpdx@gmail.com

Appendices:

Exhibit	A	–	DJI	Phantom	3	Specifications	Data	Sheet	(attached	with	submission)

Exhibit	B	–	DJI	Phantom	3	Manufacturer’s	User	Manual	(http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.zip)