January 19, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Kjell Redal for Exemption Pursuant to Section 333 of the FAA 

Reform Act

Petitioner’s Name and Address:

Kjell Redal

1151 Grant Street

Bellingham, WA 98225

(720) 209-2994

kjell.redal@yahoo.com

Note: As myself, Kjell Redal, will be the sole operator of the aircraft for which I am 

petitioning, some of the language in this petition switches between referring to “him” and 

to “I”. Both of these refer to Kjell Redal. 

To whom it may concern:

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

Act) and 14 C.F.R. Part 11, Kjell Redal, operator of a Small Unmanned Aircraft System 

(“sUAS”) equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of his sUAS, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 

333.1 

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

small, unmanned and relatively inexpensive sUAS under controlled conditions in 

airspace that is 

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, 

would allow Kjell Redal to conduct commercial operations of sUASs meeting or 

exceeding all of the operational and safety requirements Congress has set forth in 

Section 333. Kjell Redal is a freelance visual media specialist operating in 

Washington State for various companies and organizations.

Kjell Redal plans to use the capabilities of his sUAS to offer a multitude of services, 

including:

- Event Photography/Videography

- News Photography/Videography 

- Real Estate Photography/Videography
- Aerial filmmaking and photography

- Corporate Business Promotions Videography and Photography

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil 

Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). 

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems 

may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for “expedited operation authorization” if 

several factors are met. Petitioner meets all requirements to permit FAA approval of 

commercial UAS operations.

The name and address of the applicant are:

Name: Kjell Redal

Address: 1151 Grant Street

Bellingham, WA 80303

Phone #: (720) 209-2994

kjell.redal@yahoo.com

About Mr. Redal

Redal is a Visual Journalism and History double major at Western Washington 

University. He has 15 years of remote-controlled vehicle experience and 10 years of 

visual media experience. He attends The Inn, a college ministry, and also writes for 

various campus publications. Originally from Colorado, he also enjoys spending his time 

outside and pursues various activities like skiing, hiking, and fly-fishing. He has no 

criminal record and has never been convicted of a traffic violation other than a parking 

ticket. 

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R 45.29

14 C.F.R. 61.3

14 C.F.R 61.23

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

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

14 C.F.R. 91.205 (b)
14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, 

the reduction of personnel needed to operate equipment, reduced noise levels and zero 

emissions into the environment. In addition to providing cost savings and having little to 

no impact on the environment, sUASs provide enhanced safety. These factors are 

beneficial for, and in the best interest of, the public. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay.

Petitioner is requesting an exemption to enable Kjell Redal to operate a DJI Phantom 3 

Professional sUAS that is unmodified and preset to standard safe factory specifications. 

The sUAS has a built-in capability to limit 1) the height it flies above the ground and 2) 

the radius of the distance it flies from the operator. The DJI Phantom also has the failsafe 

function of the autopilot system, which means, when the communication between the 

Main Controller and the transmitter is disconnected, the outputs of all command sticks 

from controller will go to the center position. If the GPS signal is good enough, the 

system will automatically trigger Return to Home and will land safely. A pre-flight 

inspection will be performed by the PIC in accordance with the factory instruction 

manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to 

make sure that the compass, gyro and acceleration values are within specs, positive GPS 

locks are secure, battery health in each individual LiPo cells are balanced, and radio 

signals are locked in. The sUAS will be maintained in accordance with the 

manufacturer’s instruction manual and only manufacturer's authorized replacement parts 

will be used.

FCC Information

The DJI Phantom’s transmitters used for controlling the sUAS complies with part 15 of 

the FCC rules. Operation is subject to the following two conditions: (1) This device may

not cause harmful interference, and (2) this device must accept any interference received, 

including interference that may cause undesired operation. The DJI Phantom’s radio 

transmitter used for controlling the sUAS is wireless technology which has been tested 

and found to be compliant with the applicable regulations governing a radio transmitter in 

the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Phantoms transmitter, the PIC will maintain a separation 

distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and 

feet) and the antenna to meet RF exposure safety requirements as determined by FCC 

regulations. Pilot in Command and Observer Qualifications and Duties The PIC (Kjell 

Redal) will maintain a current State issued drivers license and keep adding to his 50+ 

hours of sUAS flying time to keep his flying skills sharp.

. The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation and inspection, in flight operation, post flight 

requirements, and all procedures including but not limited to:
Safe in flight operations

Risk evaluation

Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to 

communicate clearly with the PIC. The Observers duties are:

Warning the PIC of any impending obstacles in the flight path of the sUAS.

Warning the PIC of any deviations in the planned flight path of the sUAS.

Warning the PIC should any unauthorized personnel appear in the area of the planned

flight.

The Observer will have the authority to order the PIC to terminate the flight should he

feel the flight cannot be conducted safely.

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate;

• When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)( 1 )(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated 

in the autopilot (among others a flight termination system), Eric Stillwell believes that an 

Equivalent Level of Safety can be reached if the operator has a valid driver's license.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. Given the size of the UAVs, this requirement is impossible to match.

14 C.F.R. § 61.3: Requirements for certificates, ratings and 

authorizations

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

Limitations; Pilot in Command; Commercial Pilot Privileges and 

Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil

aircraft of the United States, unless that person:
(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used. The regulation provides also that no 

person that holds a private pilot certificate may act as pilot in command of an aircraft for 

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Eric Stillwell proposes that operators of the UAV should 

not be required to hold a commercial or private pilot certification. The equivalent level of safety 

will be achieved by having an operator trained UAV manufacturer, and using the integrated 

features of the aircraft to maintain a high level of safety during the different missions.

General Operating Standards

-Kjell Redal will only operate its sUAS in line of sight of a pilot and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas. Such operations will 

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

the public."

-Before an operation of a sUAS within 5NM of an airport with a control tower, the 

control tower will be called to gain permission to operate the sUAS. The PIC will give 

the position, altitude and the times the sUAV will be operated. The sUAS will not be 

operated at an altitude of over 200 feet AGL. Weather minimums will be 3 miles 

visibility and a 1000-foot ceiling.



-Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUAS be operated within the final approach course 

and the takeoff course of any runway. The sUAV will not be operated at an altitude of 

over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot ceiling.

-Maximum flight time for each operational flight will be 18-20 minutes.

-Flights will be terminated at 30% battery power reserve should that occur prior to the

18-20 minute limit.

-The sUAV will not be operated at an altitude of more than 200 feet AGL, and not more 

than 200 feet above an elevated platform from which filming is planned.

-Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

-The sUAV operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbals).
-The sUAS will operate at speeds of no more than 25 knots, can hover, and can

simultaneously move vertically and horizontally.

-Given the small size of the sUAV and the restricted sterile environment within which 

they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel. The sUAS operates at lower altitudes with no 

people on board and will thereby reduce current risk levels, enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 25 minutes, this offers little or no risk to national security.

Low-level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The benefits of reduced cost and improved quality of 

presentation from the sUAS over manned aircraft will be valuable to and benefit many 

buyers and sellers of real property and news services. sUAS operations will remain

subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an 

airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the 

PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the

property owner;

(e) All required permits will be obtained from state and local government prior to 

operation;

(f) Kjell Redal will not be operated over densely populated areas;

(g) Kjell Redal will not be operating over any open-air assembly of people;

(h) Kjell Redal will not be operating over heavily trafficked roads;

(i) Kjell Redal will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Kjell Redal requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance both airworthiness certificates. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, he requests an experimental certificate be issued for the DJI Phantom 3 

Professional under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:
(a) Research and development.

Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations.

Conducting flight tests and other operations to show compliance with the airworthiness

regulations including flights to show compliance for issuance of type and supplemental 

type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. Since the 

experimental certificate can be used for commercial purposes such as market surveys,

sales demonstrations, and customer crew training, I would expect that an experimental

certificate would permit my commercial purpose as well. The aircraft will not carry

persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UAS's light weight, being constructed primarily of 

carbon fiber and plastic, I propose that the UAS will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the

requirement for an airworthiness certificate in general, citing the equivalent level of 

safety outlined in the previous paragraph.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness

certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. I assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. I

request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew during flight 

operations.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. The DJI Phantom 

3 Professional is not capable of duel/linked controls so Kjell Redal will be operating with 

a single remote controller.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical
mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained and careful preplanned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore I maintain that due to the 

small size of the UAS, the hazard to persons, vehicles and structures is minimal

compared to manned aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 200 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. I think the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and 

the maximum duration of flight from a single battery charge is 25 minutes. Since the 

aircraft will never fly more than 0.263 NM from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. I request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum 

gross weight of 6.47 pounds, the UAS is too small to carry documentation, does not have 

an entrance, and is not capable of carrying passengers or crew. As no such certificate will 

be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 
authorized under 43.7" after maintenance and inspection. It is my intention that I perform 

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for 

return to service." The PIC will ensure that the aircraft is in an airworthy condition prior 

to every flight and in addition conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their 

designated repair facility. The PIC will document work performed in accordance with 

91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PIC 

(myself) can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Kjell Redal will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer more efficient and safer benefits over the use of full-sized manned aircraft for aerial

photography, film and still photography, newsgathering, real estate marketing and aerial 

videography. Replacing significantly larger manned aircraft carrying crew and flammable 

fuel with small UAS carrying no passengers or crew creates a much greater margin of 

safety for the pilots and crew. By granting Kjell Redal‘s requested exemptions, the FAA 

will help drive development of safe and successful commercial UAS operations and will 

advance the public knowledge base for such operations.

Conclusion

As pointed out in this application, the DJI Phantom 3 Professional which I would use, 

under authorization by the US DOT-FAA, is a small, light-weight device operated within 

the line of sight of the Pilot-in-Command (PIC), less than 200 feet above the ground and 

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities, unless the air traffic control authorities (ATC) have been notified and 

have authorized each flight within a radius of this distance.