Dec. 28, 2015

Luke A. Jones

LJ Aerial Photography

13041 River Grove Dr.

Columbus, IN 47203

317-490-2128

luajones@gmail.com

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave.

SE Washington, DC

20590

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Luke A.

Jones, owner and founder of LJ Aerial Photography, seeks exemption from the following specific regulations:

14CFR Part 21, Subpart H- Airworthiness Certificates

14CFR 45.23 (b)- Display of Marks

14CFR 61.113 (a) & (b)- Private Pilot Privileges and Limitations; Pilot in Command

14 CFR 91.7 (a)- Civil Aircraft Airworthiness

14 CFR 91.9 (b) (2)- Civil Aircraft Flight Manual

14 CFR 91.103- Preflight Action

14CFR 91.109- Flight Instruction

14 CFR 91.119- Minimum Safe Altitudes

14 CFR 91.121- Altimeter Settings

14 CFR 91.151 (a)- Fuel Requirements for Flight in VFR (Visual Flight Rule) Conditions

14 CFR 91.203(a) & (b)- Carrying Civil Aircraft Certification and Registration

14 CFR 91.405, 91. 407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)- Maintenance Inspections

... in order to conduct operations using Small Unmanned Aircraft Systems (“UASs”) designed and equipped for 

aerial photography and videography. The exemption requested will permit Luke A. Jones to conduct commercial 

operations involving photography and videography using the DJI Phantom 3 Professional, an Unmanned Aircraft 

System (UAS), supporting the following proposed industries and purposes:

1. Real estate

2. Construction sites

3. Special events, such as weddings, private or public parties/events

4. Landscape scenery

5. Short range inspection, such crop monitoring

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”, Section 333(c) of the Reform Act. Luke A. Jones seeks an exemption from said 

regulations to provide services to clients for compensation using the DJI Phantom 3 Professional, an Unmanned 

Aircraft System from DJI Systems. This highly sophisticated UAS has many capabilities well known at this point to 

the FAA due to many similar exemption requests being submitted using this system. 
The DJI Phantom 3 Professional that will be owned and managed by Luke A. Jones has been registered on FAA.gov. 

The registration number is FA3PKH7PXC.

The name, contact information and address of the applicant is:

Luke A. Jones

317-490-2128

luajones@gmail.com

13041 River Grove Dr.

Columbus, IN 47203

How will granting this exemption be in the public interest?

Granting the requested exemptions will further the public interest by allowing Luke A. Jones to safely, efficiently, 

and economically perform aerial videography and photography services in these areas listed which would 

otherwise be cost prohibitive, and impractical to obtain otherwise. Further, using the DJI Phantom 3 Professional 

UAS will:

- Decrease congestion in the NAS: A sUAS will decrease congestion in the NAS by reducing the amount of 

manned aircraft needed to perform aerial operations listed, and thus increase the safety for those in the 

air and on the ground, and airport congestion as a result, and finally provide less burden on the air traffic 

control operations given all operations will be able to start at the location of the photography point as 

opposed to always starting from an airport and burdening air traffic control operations with takeoff and 

landing and increased risk to the pilot and crew and public in general flying to the destination to perform 

the mission.

- Reduce pollution: the DJI Phantom 3 Professional uses electric motors and is battery powered and

therefore has no sources of pollution, compared to manned aircraft conducting similar operations which 

will have a significant carbon footprint due to the significant volume of leaded aviation fuel burned and 

emitted into the environment. Given the efficiency of the sUAS, it can do jobs in 15 minutes that would 

otherwise take an hour or more in a manned aircraft.

- Reduce noise: Noise dB level generated by the DJI Phantom 3 Professional is far less than that of manned 

aircraft, and further will be isolated to the given proximity of the operation

- Provide a new source of business opportunities: There are significant benefits to the economy because an 

unmanned UAS provides much more flexibility without the high operational costs of operating a manned 

traditional aircraft which provides Luke A. Jones and LJ Aerial Photography the opportunity to be 

competitive and profitable in services provided, therefore allowing greater job stability to employees and 

contractors used in business operations, which will ultimately contribute to growth of the US economy.

How will equivalent levels of safety be maintained?

Luke A. Jones will ensure all operations conducted by the pilot in command have met the necessary requirements 

outlined by the FAA in that they must hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

Such operations will insure that the sUAS will not create a hazard to users of the national airspace system or the 

public. Given the small size of the UASs owned by Luke A. Jones, and the restricted secure environment in which 

they will operate, Luke A. Jones’s sUAS operations adhere to the Reform Act’s safety requirements. Additionally, 

due to the size of the sUAS, permission from relevant property owner or other applicable parties, and the limited 

areas in which they will operate, approval of this application presents no national security issues. Based on the 

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

safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption 

is in the public interest. Accordingly, Luke A. Jones, of LJ Aerial Photography respectfully requests that the FAA 

grant the requested exemption.
Because safety to the public and property are the top priority of this new business venture, the following 

Operational and Safety Guidelines will be followed:

 The DJI Phantom 3 Professional will be used for all proposed operations in this petition. A new petition 

will be required for any additional operations or aircraft.

 The UAS will be limited to operations for the sole purpose of aerial photography and video

 The UASs will operate below 400 feet above ground level and have a built in capability to restrict altitude.

 The distance the sUAS flies from the ground operator and restriction of flights in class B, C, and D airspace, 

including no fly zones shall be included in the software and hardware features.

 The sUAS has a built in failsafe to return to its point of takeoff should connection be disabled between the 

control and sUAS for more than 3 seconds

 The sUAS will also return to its point of takeoff should the battery level fall below a safe level (25%) or if it 

loses communications or GPS signal. 

 The UAS will be marked with the registration number obtained by the FAA per the guidelines provided

(registration number provided in this petition)

 The sUAS will go into hover mode holding at a stationary point in space should the operator become 

incapacitated or unable to use the controls at any time during the flight, eventually safely returning to its 

point of takeoff and landing safely.

 The UAS will not be operated by the operator from any moving device or vehicle

 The sUAS will only be operated in line of sight from the operator

 The approximate maximum flight time of the sUAS will be 23 minutes

 The sUAS will not exceed 55 lbs. nor will it exceed a maximum speed of 45 knots. In fact, it is substantially 

less than this requirement at under 3 lbs.

 All operations will utilize a safety observer, who will be able to communicate with the PIC at all times. 

 The use of first person view (FPV) on the connected smartphone or tablet for navigating the aircraft by 

the PIC or safety observer is not permitted, except for the sole purpose of verifying the person or object 

of interest is framed appropriately for the photo or video.

 Because safety to the public and property will be of the highest priority when training all operators, all will 

be required to fully know and understand the regulations for flight as set forth in this petition and the 

FAA’s regulations.

 All operators will be required to know and understand that Luke A. Jones will in no way use allow UASs to 

conduct surveillance, spy, or in any way violate the expectation of privacy of anyone. All photography will 

be of landscape and structures in “Plain View” of the public.

 The operating manuals and grant of exemption will be accessible during all UAS operations and made 

available to the Administrator upon request. 

 All operators will undergo extensive training on software use, preflight inspection, start up, and take off, 

landing, safe navigation and emergency operation

 All operators will be required to provide a written description in a provided log of each flight to include 

detailed preflight check list of sUAS components including battery charge, weather conditions, purpose of 

flight, area hazards prior to take off, and flight time.

 The operator must follow the manufacturer’s aircraft maintenance, overhaul, replacement, inspection, 

and life limit requirements.

 No sUAS will take flight with any mechanical, electrical, or software deficiency.

 The sUAS will have navigational lighting to be visible by the operator at all times to determine location 

and orientation.

 The sUAS will at no time create a hazard to the National Airspace System or to the public.

 The sUAS shall be immediately grounded and yield right of way should any manned aircraft come within 

an unsafe proximity of the sUAS.

 The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart unless clearance is given by the airport to do so.
As known by the FAA many sUAS operators and companies are currently flying commercially without the required 

exemption from the FAA. This creates a substantial burden on Luke A. Jones and this business and other businesses

operating within the FAA’s regulations and restrictions. Unless the petition presented and requested herein is 

granted the burden on Luke A. Jones will force the dissolution and collapse of this new business venture because 

the business is not willing to operate outside FAA regulations in concern for the safety of the public. Furthermore, 

the mass amount of companies operating outside of the FAA’s regulations are gaining a significant competitive 

advantage on the market through their illegal operation.

The limitations provided herein enforce an equivalent or higher level of safety and privacy to operations under the 

current regulatory structure. The proposed operations satisfy the criteria provided in section 333 of the Reform Act 

relating to size, weight, operating capabilities, proximity to airports and populated areas, privacy, operation within 

visual line of sight, and national security. This provides adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UASs in the aerial photography and survey industry.

Recent exemptions granted that are similar to this petition are:

14027, 12624,12622,12620,12617,12612,12605,12608.

See the Appendix for more details on why such exemptions are being requested from the current regulations listed 

in this petition.

Sincerely,

Luke A. Jones

317 490 2128

luajones@gmail.com
Appendix

14CFR Part 21, Subpart H- Airworthiness Certificates

This regulation regarding aircraft certification requirements and procedures is designed for manned aircraft and is 

not suitable for off the shelf UASs.

14CFR 45.23 (b)- Display of Marks

This regulation requires aircraft to be marked in 2” to 6” lettering which is impossible because there is not 

sufficient space on the sUAS. Instead, the aircraft will be marked with the registration number provided by the 

FAA per the guidelines published at FAA.gov

14 CFR 61.113 (a) & (b) limiting pilots to non-commercial operations, referring to the pilot in command. The UASs

will not carry a pilot, a passenger, or cargo for compensation or hire. The operators training from the 

manufacturers manual creates a higher level of safety for the public as a Commercial Pilot’s certificate in no way 

provides specific safe operational training of a remote controlled sUAS tethered to the operator on the ground. 

Further, the risks associated with the use of a sUAS are so diminished from the level of risk associated with 

commercial operations. 

14 CFR 91.7 (a)- Civil Aircraft Airworthiness

No airworthiness certificate is available for this aircraft nor is one required in accordance with 14 CFR Part 21 

Supart H. The UASs will not be modified and will be inspected prior to any flight as outlined in this petition to 

ensure the aircraft is in a condition for safe flight.

14 CFR 91.9 (b) (2)- Civil Aircraft Flight Manual

This regulation requires that the flight manual be available in the aircraft. Given the size and the fact that the 

aircraft is unmanned this rule cannot apply in its current language. However, as outline in this petition, the flight 

manual will be in the possession of the operator during any flight.

14 CFR 91.103- Preflight Action

This regulation pertains to preflight action requirements for crew on board aircraft. While this is important to the 

safe flying of the sUAS it does not apply given its current language. An equivalent level of safety will be provided in 

the operational and safety guidelines outlined in this document, “All operators will be required to provide a 

written description in a provided log of each flight to include detailed preflight check list of sUAS components 

including battery charge, weather conditions, purpose of flight, area hazards prior to take off, and flight time.”

14CFR 91.109- Flight Instruction

This regulation requires that no person shall operate a civil aircraft for flight instruction unless the aircraft has fully 

functioning dual controls. UASs and Remote controlled aircraft by design do not have dual controls, to do so on a 

radio controlled aircraft would lower the ability to safely operate the sUAS. This section cannot reasonably apply.

14 CFR 91.119- Minimum Safe Altitudes

This regulation designates minimum safe altitudes. The UASs operated by Luke A. Jones will not exceed an altitude 

of 400 feet AGL. This is below the altitude designated in this section. Also given the size, weight, and speed of the 

sUAS, the line of sight rule when operating, and the overall safeguards and restrictions in flight outlined in this 

petition maintain a higher level of safety to the public.

14 CFR 91.121- Altimeter Settings

This regulation pertains to altimeter settings. A barometric altimeter is not provided on any sUAS. However a GPS 

altitude indicator is displayed to the operator at all times during flight. While an exemption to this regulation is 

requested a modification to meet the current technology of the UASs would be acceptable. This altitude 

information combined with operation of the sUAS within visual line of site at or below 400 feet will ensure a level 
of safety equivalent to Section 91.121. Also, as a failsafe, the max altitude will always be set in the aircraft control 

system to ensure this altitude is not exceeded.

14 CFR 91.151 (a)- Fuel Requirements for Flight in VFR (Visual Flight Rule) Conditions

This regulation pertains to fuel requirements for flight. The maximum flight time under ideal conditions of the DJI 

Phantom 3 Professional is 23 minutes with the current manufacturers battery pack. The proposed rule listed in the 

operation and safety guidelines in this petition will require the sUAS to return to its point of launch if its battery 

reaches less than 25%. This provides a higher standard of safety when applied to UASs. Also, the sUAS will be 

operated during daylight hours only in weather conditions where visual line of site can be maintained.

14 CFR 91.203(a) & (b)- Carrying Civil Aircraft Certification and Registration

This regulation requires that a civil aircraft certificate and registration be displayed at the cockpit entrance. This 

regulation cannot apply to UASs in the current language since there is no cockpit and the size limitations prevent 

this from being implemented. However, the owner has registered the aircraft with the FAA and the registration 

number will be made visible on the aircraft per the guidelines provided on FAA.gov.

14 CFR 91.205- Cockpit instruments

This registration refers to cockpit instruments and cannot reasonably apply to UASs in the current written language 

as there is no cockpit. However, the display on the ground controller (smartphone or tablet) does display vital 

telemetry data indicating altitude, flight speed, distance, and other important information.

14 CFR 91.215- Transponder requirements

This regulation requires a transponder and cannot reasonably apply to sUASs operated by Luke A. Jones because 

they will be operated below ATC radar capabilities as outlined in this exemption request.

14 CFR 91.405, 91. 407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)- Maintenance Inspections

This regulation refers to maintenance, preventive maintenance, and alterations to the sUAS. The operator will 

provide minor maintenance and inspection to the sUAS, documented as outlined in the operational and safety 

guidelines. Given the size and simplicity of the sUAS combined with the operational and safety guidelines outlined 

in this petition the operator can maintain or exceed the required level of safety and provide documented evidence 

of the pre and post-flight logs upon request of the Administrator.

User Manual

The user manual for the DJI Phantom 3 Professional can be found at the following URL (given the many similar 

exemption requests, the user manual is not attached to minimize file size and not needed per the FAA’s current 

instructions for Section 333 exemptions).

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf