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1 Applicant submits that this provision places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the UAS. Carl Scott welcomes 

the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that

they believe may require modification.

November 18, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W 12-140

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

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

C.F.R. Part 11, Carl Scott seeks an exemption from the Federal Aviation Regulations (“FARs”) listed 

below and discussed in Appendix A. Details of Carl Scott and the DJI Phantom 3 are described in 

Appendix B. Attached as Appendix C is a summary of this request.

The requested exemption would permit Carl Scott to engage in the commercial operation of Carl Scott’s 

DJI Phantom 3 (see details in Appendix B), which weighs 2.8 lbs. with imaging payload, to perform real 

estate photography and videography, aerial surveys, mapping, and inspections that consist of still 

photographs and video taken by onboard sensors. The DJI Phantom 3 produces high quality imagery and 

data that can be used to provide photos or video of the surveyed area. Applications for these UAS’s 

include inspection of sensitive infrastructure including oil and gas pipelines and wells, power lines and 

towers, wind turbines, and surveying tasks such as precision agriculture, transportation, real estate 

development, and forestry. Use of the DJI Phantom 3 for these inspection and surveying applications 

reduces the need to operate conventional aircraft, providing data more quickly, accurately, economically, 

safely, and with reduced environmental impact.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at 

least an equivalent level of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize Carl Scott to perform

market research and commercial operations of aerial inspections, photographic documentation, and surveys 

using the DJI Phantom 3, which at 2.8 lbs., is small in size and powered electrically by battery. The DJI

Phantom 3 will be operated under controlled conditions at low altitude in airspace that is limited in scope, as 

described more fully herein. It will have automated control features, as described below. The DJI Phantom 

3 is designed to be operated by one person. The operator is responsible for flying the UAS, monitoring its 
status and flight dynamics while maintaining visual line of sight, and keeping the flight within the specified 

factory limits (in terms of wind, flight range, battery life, etc.) to ensure safe operation of the UAS itself, 

while simultaneously monitoring the airspace for other aircraft before and during flight, as necessary to 

ensure safe separation/de-confliction with these aircraft and hazards. The operator also will be an individual 

who holds an FAA private pilot certificate. Finally, the airspace in which the DJI Phantom 3 will operate 

will be disclosed to and approved, as needed, by the FAA in advance.

Carl Scott respectfully submits that because this small, unmanned aerial system – the DJI Phantom 3 – will 

be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary

conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent 

level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

The name and address of the applicant are: 

Carl Scott

Phone: 281 - 320 - 8190

Email: cdscott@swbell.net

Address: 16423 Dover Mills Dr.

Spring, TX 77379-3360

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

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.
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THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Carl Scott submits that grant of this exemption application for use of the DJI Phantom 3 in real estate 

photography and videography, aerial surveys, mapping, and inspections operations will advance the 

Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASes into 

the national airspace system (“NAS”), if it can be accomplished safely. This law directs the Secretary of 

Transportation to consider whether certain UASs may operate safely in the NAS before completion of

the rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or 

the public or pose a threat to national security in light of the following:

● The UAS’s size, weight, speed, and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system.” Id. §333(c) (emphasis added).

1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the 

Administrator finds the exemption is in the public interest.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of 

the Reform Act, the additional authority in the Federal Aviation Act, as amended, the strong equivalent 

level of safety surrounding the proposed operations, and the significant public benefit, including enhanced 

safety and cost savings associated with transitioning to UASs for aerial surveying, mapping and inspection 

applications. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay.

Airworthiness of the DJI Phantom 3

A critical element of the exemption application involves evidence of the airworthiness of the DJI Phantom 

3. Carl Scott believes that it, and its model predecessors, have shown compliance through a history of 

granted flight operations and successful flights. The list of granted applicants includes, among others: Mr. 

Kyle Goldstein, The 111th Group, Inc., Vid Flight, Landbros Aerial Photography, SquareBox Media, 

UMD Aerials, LLC, Cools Entertainment, LLC, Landmark Surveys, LLC, and Bird’s Eye Photography, 

LLC. The criteria set forth in the Order specify the substantive showings of the device’s safety and 

fitness for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety. The DJI 

Phantom 3 also has automated features to ensure safe takeoff, flight and landing in many conditions,
further details of operation can be found in Appendix B.

Mandatory Operating Conditions

Grant of the exemption to Carl Scott will be subject to the following mandatory conditions, which are 

based upon operating conditions set forth for operation of UAS by public entities pursuant to Certificates 

of Authorization, with additional restrictions:

● All operations to occur in Class G airspace.

● Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts.

● Operations to be conducted over private or controlled-access property.

● Permission from land owner/controller required before commencing any flight.

● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

● Aircraft to remain within Visual Line of Sight (VLOS).

● VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM).

● Cylinder walls may be expanded by observer with ability to control aircraft.

● Operations to occur during daylight hours.

● Above Ground Level (AGL) altitude to be restricted to 400 feet.

● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline 

azimuth of runway centerline measured from runway thresholds.

● All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

Operator Requirements

Carl Scott respectfully proposes that operator requirements should take into account the characteristics of 

the particular UAS. Certain UASes, such as the DJI Phantom 3, are characterized by a high degree of 

pre-programmed control and various built-in technical capabilities that limit the potential for operation 

outside of the operating conditions set forth above. The DJI Phantom 3’s UAS also provides built-in

functional and safety features to assist the operator in safe and reliable operation.

The DJI Phantom 3 provides various safety features and uses a video interface for user monitoring of 

activity. The user sets a pre-determined flight altitude. Additional navigation aids including auto-return 

home feature, ensuring that the unit returns to the previous launch spot upon completion of operations, as 

well as a failsafe feature which causes the unit to return to the launch point, should the battery level run 

low, or if it loses connection with the remote controller. The unit also uses GPS data to pre-assign 

waypoints for automated guidance during flight.

Additional automated safety functions and safety enhancing features of the DJI Phantom 3 include the 

following:

● Automated pre-flight system performance checks

● User pre-flight checklist

● Automated condition or fault detection, warnings, and pre-defined responses to flight and system 

conditions.

◦ Low battery with system and user defined safety thresholds

◦ Lost communication auto-return home feature
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Given these safety features, Carl Scott proposes that operators of the DJI Phantom 3 should not be 

required to hold a commercial or private pilot certification. However, Carl Scott holds a private pilot 

certificate and intends to be the sole operator of the unit.

Carl Scott notes that the FAA has found that safety factors permitted operation of UASes by operators 

with these qualifications in the case of operations pursuant to public COAs when the mandatory operating 

conditions specified above were present. See Federal Aviation Administration, Notice N-8900.227, 

Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the 

statutory authority to grant exemptions to the requirements for and privileges associated with the grant of 

airmen’s certificates. 49 USC §44701(f).

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix C to allow 

market research and commercial operations of a small unmanned vehicle in real estate photography and 

videography, aerial surveys, mapping, and inspections operations.

Approval of the exemption allowing commercial operations of the DJI Phantom 3 for real estate 

photography and videography, and inspection operations will enhance safety by reducing risk. 

Conventional aerial survey and inspection operations using manned aircraft involve very heavy aerial 

vehicles carrying significant quantities of combustible fuels, and a multi-person crew in piloting and

observation roles. These operations require transit to and from the location of the activity, and often take 

place in congested environments including proximity to physical obstacles and/or presence of the 

general public. By contrast, the DJI Phantom 3 weighs 2.8 lbs, including payloads, and uses a battery for 

power, is carried to/from the area of activity, removes the need for airborne pilots/observers, and poses 

less risk to people and infrastructure on the ground.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the 

size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or 

other dangerous materials, the DJI Phantom 3 poses no threat to national security.

The operation of the DJI Phantom 3 for real estate photography and videography, and inspection 

operations in accordance with the strict conditions outlined above, will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein, including exempting Carl Scott from the 

requirements of Part 21.

The DJI Phantom 3’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight, 

speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual 

line of sight, and national security – and its showing of an equivalent level of safety as it may relate to 

the requirement for a pilot’s license, provide more than adequate justification for the grant of the 

requested exemptions allowing Carl Scott commercial operation of the DJI Phantom 3 in real estate 

photography and videography, aerial surveys, mapping, and inspections.

Very truly yours,

Carl Scott
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Carl Scott requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the DJI Phantom 3:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 of the aircraft (2.8 lbs.) and 

the limited operating area associated with its utilization, it is unnecessary to go through the certificate 

of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 

of the Reform Act. The Federal Aviation Act 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 UAS involved.

In this case, an analysis of these criteria demonstrates that the DJI Phantom 3 operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The DJI Phantom 3

weighs 2.8 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and 

will operate exclusively within an area pre-disclosed and in compliance with conditions set forth 

herein. Operations under this exemption will be tightly controlled and monitored by both the operator, 

pursuant to the conditions set forth above, and by local public safety requirements. Receipt of the prior 

permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the 

aircraft is carried to the location and not flown there all establish the equivalent level of safety. The DJI

Phantom 3 provides at least an equivalent, and most likely exceeds, level of safety to that of such 

operations being conducted with conventional aircraft that would be orders-of-magnitude larger and 

would be carrying passengers, cargo, and flammable fuel. The automated safety features including 

redundant sensor systems as described in Appendix B and throughout this document highlight the 

design intentions towards safety and reliability on DJI Phantom 3.

14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the registration 

number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman 

capital letter.

(b) 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 
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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.

Regulation 91.9(c) provides:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

The DJI Phantom 3 has no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. Official marking systems for 

small UAS have not yet been established for operations inside the NAS. The DJI Phantom 3 is currently

marked with a fixed label containing DJI Phantom, as well as a serial number located on the exterior 

surface. Carl Scott is prepared to mark the inspection system with the name of the organization and 

location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) 

where the pilot, observer, and others working with the UAS will see the identification of the UAS.

The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 

10167A and 10700.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft 

that carries a pilot, passengers, and cargo, the DJI Phantom 3, in this case, is remotely controlled with no 

passengers or property of others on board. Section 61.133(a) requires an individual with a commercial 

pilot’s license to be pilot in command of an aircraft for compensation or hire. Carl Scott respectfully 

proposes that operator requirements should take into account the characteristics of the particular UAS. 

The DJI Phantom 3 has a high degree of pre-programmed control and various built-in technical 

capabilities that strictly limit the potential for operation outside of the operating conditions set forth in 

the exemption application.

The DJI Phantom 3 has an all-digital software platform with advanced features previously restricted to 

full size unmanned aircraft. Automated features and advanced fly-safe controls enable safe, reliable 

operation, as well as advanced networking capabilities and system extensibility.

● Plan your flight or fly ad-hoc: The system can autonomously fly a programmed flight path or fly 

in manual mode

● Smart batteries and charger: Flight time and battery minutes are displayed at all times. The system 

will return home and land automatically if user-configurable limits are reached.
Flight safety is a priority, no matter the operating environment or project. The DJI Phantom 3 offers 

superior safety over manned aircraft by removing the need for people to be onboard in potentially 

dangerous situations. With multiple built-in safety features, the Carl Scott platform leads other UAS with 

respect to safety.

● Intelligent fault handling: The system automatically detects potential issues - with configurable 

automated response behavior such as a return-home-and-land routine

● Automatic pre-flight checks: The system self-calibrates all of its sensors and performs self-tests 

prior to takeoff to check for errors

● Self-monitoring: Monitoring battery levels, in-flight wind speeds, and other system and 

environmental conditions are automatically handled by the system

● Battery communication: Battery minutes and flight time are displayed at all times. The system 

will return home and land automatically if user-configurable limits are reached.

Additional automated safety functions and safety enhancing features of the DJI Phantom 3 include the 

following:

● Auto detection of lost user communication initiates an immediate landing.

● Low battery on the DJI Phantom 3 triggers an alarm to return home, land and replace the battery.

● If the DJI Phantom 3 detects a lost-link to the base station the vehicle will perform its pre-defined 

Non-Fatal Condition Response.

The risks associated with the operation of the DJI Phantom 3 (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with 

private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft 

(fixed wing or rotorcraft), that allowing operations of the UAS as set forth above meets or exceeds the 

present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of 

requiring a commercial pilot to operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the DJI Phantom 3 without an 

airworthiness certificate, no standard will exist for airworthiness of the DJI Phantom 3. Given the size of 

the aircraft and the previous COAs issued for the DJI Phantom 3 and its model predecessors, an 

equivalent level of safety will be achieved by ensuring compliance with the UAS’s manuals prior to

each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation 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.

Given the size and configuration of the DJI Phantom 3, it has no ability or place to carry such a flight 
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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 achieved by keeping the flight manual (see, e.g., User Guide, 

Exhibit 1) at the ground control point where the pilot flying the UAS will have immediate access to it. 

The FAA has issued to others exemptions to this regulation.

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. An equivalent level of safety will be provided as set forth in the DJI Phantom 3 User 

Manual (available upon request) under the ‘Preparing the Aircraft” and “Flight” sections. The PIC will 

take all actions including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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.

The DJI Phantom 3 is a remotely piloted aircraft and by design, does 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 flight plan is either manually controlled through point-and-click 

touchscreen navigation or pre-programmed as way points into the auto pilot before or during flight and 

only in unusual circumstances will the pilot input control functions to alter the pre-programmed flight. If 

instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent level of

safety will be assured. 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 will be achieved through the use of an experienced and qualified pilot familiar with the DJI 

Phantom 3.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the DJI Phantom 3 will never operate at higher than 400 feet AGL. It will, however, 

be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. 

Because real estate photography and videography, aerial surveys, mapping, and inspection work must be 

accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from

Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which 

the DJI Phantom 3 is built. Also, no flight will be taken without the permission of the land owner or 
those who control the land. Because of the advance notice to the landowner, all affected individuals 

will be aware of the flights. Compared to aerial survey operations conducted with aircraft or 

rotorcraft weighing far more than 2.8 lbs. and carrying flammable fuel, any risk associated with these 

operations will be far less than those currently allowed with conventional aircraft operating at or below 

500 feet AGL. Indeed, the low altitude operations of the UAS will maintain separation between these 

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 DJI Phantom 3 batteries provide approximately 20 minutes of powered flight. Without an exemption 

from § 14 CFR 91.151, the UAS’s flights would be limited to approximately 20 minutes in length. Given 

the limitations on its proposed operations and the location of those proposed operations, a longer time 

frame for flight in daylight VFR conditions is not reasonable.

Carl Scott believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of prior 

exemptions. Operating the UAS, without 30 minutes of reserve fuel does not engender the type of risks 

that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. The 

fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting DJI 

Phantom 3 flights to a minimum of 30 minutes would greatly reduce their utility, if such time limitations 

were within the ability of the UAS. In the unlikely event that the DJI Phantom 3 should run out of fuel, 

it would simply land. Given its weight and construction material, the risks are less than contemplated 

by the current regulation.

Carl Scott believes that an equivalent level of safety can be achieved by maintaining 5 minutes of reserve 

fuel, which, allowing 15 minutes of flight time, would be more than adequate to return the UAS to its

planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others.

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

This regulation provides as follows:

(a) ... no person may operate a civil aircraft unless it has ... 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 DJI Phantom 3 fully loaded weighs approximately 2.8 lbs. As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS. In addition, there is no pilot 

on board the aircraft.
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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. The FAA has issued numerous 

exemptions to this regulation. 

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

Section 91.405(a) requires 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 ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

The DJI Phantom 3 is nearly maintenance free, it performs automatic pre-flight checks, and the failure 

of any check will prevent take-off. Checks which cannot be done by the system will be performed by a 

qualified person prior to each flight.

Pre-flight checklist includes:

1. Visual inspection of the airframe 

2. Visual inspections of rotor installation and integrity

3. Check charge of all batteries (Remote Controller, Inflight Intelligent Battery, mobile device)

4. Verification that motors can start and are functioning normally

5. The control interface (DJI GO app) is successfully connected to the aircraft

An equivalent level of safety will be achieved because the UAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical device. As 

provided in the attached User Guide (System Maintenance section), the operator of DJI Phantom 3 will 

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

maintenance. Moreover, the operator is the person most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

The DJI Phantom 3’s Maintenance guidelines ensure an equivalent level of safety to the maintenance 

requirements in Part 91. In addition, any component failure detectable by the system will be reported to 

the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non-Fatal 

Conditioned Response (NFCR), depending on the type of failure.
APPENDIX B

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

Carl Scott Overview: Carl Scott is a American citizen located in Spring, Texas. Carl Scott is engaged in 

the real estate sales and photography industries. Carl Scott is the holder of Private Pilot Certificate 

number 3751271, which was issued on April 19. 2014.

DJI Phantom 3 Overview: DJI systems have been used by recreational and professional photographers

since 2006. Today, DJI products are redefining industries. Professionals in filmmaking, agriculture, 

conservation, search and rescue, energy infrastructure, and more trust DJI to bring new perspectives to 

their work and help them accomplish feats safer, faster, and with greater efficiency than ever before.

All flight operations are GPS controlled making the system extremely easy to navigate. At any point if 

the operator is not explicitly commanding the system to move, the system automatically holds its GPS 

position (i.e. GPS hold for reliable location hover). Camera positioning is also GPS controlled allowing 

for the most sophisticated camera targeting available. 

The Carl Scott DJI Phantom 3 includes many advanced safety features that makes the DJI Phantom 3 the 

safest choice for both urban and non-urban environments. Built-in intelligent fault handling allows the 

DJI Phantom 3 to detect a system fault while in the air, and to automatically fly back to its take-off 

location and land. Faults that can be detected include: loss of communication and low battery levels. In 

addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot 

enter areas deemed unsafe or unnecessary to fly over. And before every take-off automated flight checks

ensure the system is flight ready before it takes off.

The Carl Scott DJI Phantom 3 can be operated entirely by a touch-screen, map based interface. This 

means The operator only needs to command the system where to go, and the system does all the flying for 

the operator. 

DJI Phantom 3 Operating Manual - System user manual available upon request.

Physical Characteristics

Measurements – Diagonal size (including propellers): 590 mm (23.6 inches)

Weight (without payload) – 1.28kg (2.816 lbs)

Fuel – 4,480 mAh lithium polymer Intelligent Flight Battery

Performance Characteristics

● Maximum Altitude – 18,000 ft. (software induced operating limit 360 feet AGL)

● Maximum Endurance – 23 minutes

● Maximum Range – 3.1miles

● Minimum ceiling: 500 ft

● Minimum visibility: 1 SM

● Icing conditions – no icing conditions
13 of 20

● Precipitation – no visible moisture

Maintenance – The UAS is nearly maintenance free, it performs automatic pre-flight checks and the

failure of any check will prevent take-off. Checks which cannot be done by the system will be performed

by a qualified person prior to each flight.

Pre-flight checklist includes:

 Visual inspection of the airframe 

 Visual inspections of rotor installation and integrity

 Check charge of all batteries (Remote Controller, Inflight Intelligent Battery, mobile device)

 Verification that motors can start and are functioning normally

 The control interface (DJI GO app) is successfully connected to the aircraft

Reliability – The system is designed for maximum reliability and to maintain performance over its life. 

The only components experience routine wear are rotors, batteries, motors, and legs. Battery and motor 

conditions are monitored by the system with deviations reported to the operator.

Contact with other objects during flight may cause other components, particularly rotors, and motor arms, 

to become damaged. Damaged components are likely to be detected during the full visual inspection of 

the airframe performed before each flight. 

The UAV system detects numerous conditions which may make flying unsafe, such as low battery charge 

and interruptions in communication with the remote controller. Automatic pre-flight checks prevent the 

UAV from taking off if such conditions are present, or, if the condition is detected during flight, the 

system will trigger a Fatal Conditioned Response.

Fault Tolerance - The key feature of the UAV fault tolerance is its mechanical simplicity. It uses four 

fixed pitched rotors, each mounted on a separate motor. No control surfaces or other actuators are 

required for the UAS to fly. Any component failure detectable by the system will be reported to the 

control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non-Fatal 

Conditioned Response (NFCR), depending on the type of failure.

Command and Control Systems

The DJI Phantom 3 DJI GO remote control application allows the operator simultaneous control over 

aircraft and payloads. The touch screen control allows for quick navigation and data entry while the 

display screen provides all essential flight data to the operator. 

Displayed on GCS:

● Flight Mode

● GPS Signal Strength

● IOC Settings

● System Status

● Battery Level Indicator

● Remote Controller Signal

● HD Video Link Signal Strength

● Terrain Map

● Vertical Position
● Flight Telemetry

● Dynamic High Point

● Initiate Return to Home Feature

● Initiate Auto Take-off and Landing

On–board computer systems – The UAS is equipped on-board computer systems to monitor (sensors, 

battery, etc.), control (speeds, altitude, position, etc.), and communicate (control, telemetry, etc.).

On-board guidance and navigation equipment – The UAS can operate autonomously. It does not 

require any input from ground-based equipment, or from the pilot to hover in place.

Frequency Allocations –2.4 GHz 2.483 GHz

Return To Home Feature – to prevent a “fly away” or other potentially dangerous situation a flight 

Return To Home feature is available to the operator at the GCS, activated at low battery status or 

interruption in communication with the remote control.

Takeoff and Landing – The DJI Phantom 3 has vertical lift autonomous launch and recovery. A “Home 

Location” is designated by the operators and identified in the GCS software. 

Navigation System – An internal map operates in conjunction with GPS to establish waypoints and assist 

with manual navigation of the aircraft.

Flight Recorder – Flight data is automatically recorded to the internal storage of the aircraft. This 

includes flight telemetry, aircraft status information, and other parameters.

Emergency Procedures and System Failures

Failure Handling – The UAS has extensive failure detection and handling capabilities. All failures are 

deeded to be either fatal or non-fatal. Failures classified as fatal result in a Fatal Condition Response 

(FCR), and failures classified as non-fatal result in a Non-Fatal Condition Response (NFCR).

Motor Failure – The UAS flight performance will degrade significantly if one or more motors fails.

Power Failure – A complete battery failure which results in power loss to the UAS will result in 

degraded flight performance.

Low Battery Condition – Operator will be alerted of a low battery condition and will return the aircraft 

to its initial takeoff point, and land the aircraft as soon as able.

Line-of-Sight Loss – All flight operations will be conducted with the UAS within visual sight of the 

pilot. If the pilot’s view becomes obstructed and line-of-sight is lost, the pilot may instruct the UAS to 

hover in place until line-of-sight is reestablished, to return to the take-off position, or to land at the 

current position.

Security

The system and communication links are encrypted by the manufacturer’s proprietary software.

APPENDIX C

SUMMARY OF CARL SCOTT SECTION 333 EXEMPTION REQUEST

Carl Scott hereby provides pursuant to Part 11 a summary of its exemption application to allow 

commercial operation of the DJI Phantom 3 small unmanned system in perform real estate photography

and videography, aerial surveys, mapping, and inspections. An exemption is requested from the 

following regulations:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).