January 26, 2016

U. S. Department of Transportation

Docket Management System

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, Doug Armknecht, the operator of the DJI 

Phantom 3 and DJI Inspire 1 (“sUAS”), seeks an exemption from the Federal 

Aviation Regulations (“FARs”) listed below and discussed in Appendix A.

The requested exemption would permit commercial operation of the DJI Phantom 

3 and DJI Inspire 1, which both weigh less than 10 lbs. and are capable of 

capturing still imagery and video. Application for these systems is aerial data 

collection with a focus in photography, videography, mapping, surveying and 

agriculture. Use of the Phantom 3 and Inspire 1 for this purpose provides high 

quality data more safely and at a fraction of the cost of using conventional aircraft.

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.

As described more fully below, the requested exemption would authorize 

commercial operations of aerial data collection using the Phantom 3 and Inspire 1, 

both of which at less than 10 lbs. are small in size. The Phantom 3 and Inspire 1 

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 Phantom 3 and Inspire 1 also will be operated by 

an individual who has at least a sport pilot’s certification with a valid driver’s 

license and sUAS flight training. Finally, the airspace in which the sUAS will 

operate will be disclosed to the FAA in advance through the use of a COA and 

NOTAMs.

Doug Armknecht respectfully submits that because these small unmanned aerial 

systems—the Phantom 3 and Inspire 1—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 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:

Doug Armknecht

Address: 407 Shelton Dr., Smith Center, KS 66967

Ph: 785-203-6543

Email: ksfarmimagery@gmail.com

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

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

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

14 C.F.R. 91.119(c);

14 C.F.R. 91.121;

14 C.F.R. 91.151(a)(1);

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)&(b).

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.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Doug Armknecht submits that grant of this exemption application for use of the 

Phantom 3 and Inspire 1 for aerial data collection with a focus in photography, 

videography, mapping, surveying and agriculture will advance the Congressional 

mandate in Section 333 of the Reform Act to accelerate the introduction of UASs 

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.

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 data collection. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

The sUAS

The Phantom 3 and Inspire 1 comply with the requirements set forth by Section 

333 by their small size, weight, speed, and operational proximity to airports and 

densely populated areas. As a result under this exemption the Phantom 3 and 

Inspire 1 are not deemed airworthy by an airworthiness certificate, but rather they 

are deemed airworthy by the operator conducting a thorough preflight of the 

aircraft. This aircraft will also be registered in accordance to 14 CFR Part 47, 

marked in accordance to 14 CFR Part 45 Subpart C, and accompanied by a letter 

of alternative marking due to the unconventional design of a quadcopter. Markings 

will be as large as practicable. These aircraft are of the same size, configuration, 

and operational capabilities of the aircraft granted in exemptions 11138, 11153, 

and 11157.

Aircraft Make and Model: DJI Phatom 3

Configuration: Quad copter

Aircraft Performance/Specifications:

• Ground Control Station (GCS): The aircraft will be primarily controlled 

through the use of a typical 2.4 GHz RC transmitter. The aircraft can also 

be pre-programmed to conduct a mission through the use of a laptop or 

tablet. Whenever operations are conducted in this matter, the RC 

transmitter will be able to take control of the aircraft if the need arises.

• Video Downlink: 2.4 GHz

• Lost Com: Aircraft will autonomously return to the launch location and 

safely land.

• Emergency Procedure: Should the need arise the aircraft can be 

commanded by the RC transmitter to safely land immediately or return and 

land at the launch location. 

• Power Supply: 4S 4480mAh Lithium Polymer Battery

• Dimensions: 668mm motor to motor

• Maximum Speed: 31 knots

• Normal operating speed: Less than 30 knots
• Weight with payload: 2.82lbs

Aircraft Make and Model: DJI Inspire 1

Configuration: Quad copter

Aircraft Performance/Specifications:

• Ground Control Station (GCS): The aircraft will be primarily controlled 

through the use of a typical 2.4 GHz RC transmitter. The aircraft can also 

be pre-programmed to conduct a mission through the use of a laptop or 

tablet. Whenever operations are conducted in this matter, the RC 

Transmitter will be able to take control of the aircraft if the need arises.

• Video Downlink: 2.4 GHz

• Lost Com: Aircraft will autonomously return to the launch location and 

safely land.

• Emergency Procedure: Should the need arise the aircraft can be 

commanded by the RC transmitter to safely land immediately or return and 

land at the launch location. 

• Power Supply: 6S 4500mAh or 6S 5700mAh Lithium Polymer Battery 

• Diagonal Dimensions: 559 to 581 mm motor to motor

• Dimensions: 438x451x301 mm

• Maximum Speed: 42 knots

• Normal operating speed: Less than 30 knots

• Weight with payload: 6.47lbs

Aircraft manuals will be included as additional information to this petition for 

exemption. 

Operator Requirements

To operate the sUAS under this exemption an operator will be required to 

demonstrate the ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under this purposed exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles, and structures. 

Mandatory Operating Conditions

Grant of the exemption to Doug Armknecht will be subject to the following 

mandatory conditions for flight operations.

• Permission from the land owner is required before commencing any flight.

• Operations will only occur during Visual Flight Rules Meteorological 

Conditions (VMC).

• Operations will not occur 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 operator.

• The sUAS will remain clear of manned aircraft and yield right of way.

• A flight test will be conducted after any major repair or alteration.

• A preflight check will be conducted before each flight to assure 

airworthiness.

• Aircraft will remain within Visual Line of Sight (VLOS) of the operator.

• All operations will be conducted with a Visual Observer (VO).

• Operations will be limited to daylight hours.

• Operations will be concluded with no less than 25% battery power 

remaining.

• Operations will not exceed 400ft AGL.

• Operations will not occur within 5nm of any airport unless a letter of 

agreement with that airport’s management is obtained.

• Operations will take place under a COA.

• Operator will file a NOTAM for each flight.

• 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.

• All non-participants will keep 500ft away from operations unless there are 

adequate barriers to protect them.

• All operations will be conducted according to the manufacturer’s manuals. 

• All documents that will be kept at the GCS include but are not limited to; 

the aircraft manuals, maintenance logs, aircraft registration, grant of 

exemption, and COA.

Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), Petitioner offers the 

following reasons why granting this petition for exemption is in the public interest, 

i.e., how granting it would benefit the public as a whole.

Approval of this exemption allowing commercial operations of sUAS for aerial 

data collection benefits the public as a whole in the following ways:

• It helps fulfill Congress' goal in passing Section 333(a) through (c) of the 

Reform Act, namely, the FAA Administrator's assessment of whether 

certain UAS may operate safely in the National Airspace System before 

completion of the rulemaking required under Section 332 of the Reform 

Act.

• The operation significantly improves safety and reduces risk by alleviating 

human exposure to danger associated with current aerial data collection

methods, namely, full size helicopters. Reducing human exposure to death 

or serious injury associated with manned aircraft performing these tasks 
furthers the public’s interest.

• Petitioner's sUASs are battery powered and create no emissions. If 

Petitioner's sUAS crashes, there is no fuel to ignite and explode. Any 

impact of Petitioner's lightweight sUASs is far less than a full size manned 

aircraft. The public's interest is furthered by minimizing ecological impact 

of an accident and by reducing human exposure to potentially harmful 

emissions associated with manned aircraft.

• Aerial data collection is as valuable tool for photography, videography, 

mapping, surveying and agriculture. However, problems with safety, cost, 

statistical integrity, and logistics continue to impede aerial data collection

from conventional manned aircraft. The use of sUAS addresses these 

problems and is a powerful tool for performing a wide-range of aerial data 

collection applications. The public as a whole will benefit from the safer 

and more cost-effective remote sensing services that sUAS operations 

provide.

Privacy 

All flights will occur over property with the landowner’s prior consent. 

Conclusion

Doug Armknecht seeks an exemption from the FARs set forth above and in 

Appendix A to allow commercial operations of a sUAS conducting aerial data 

collection with a focus in photography, videography, mapping, surveying and 

agriculture.

Approval of this exemption allowing commercial operations of the Phantom 3 and 

Inspire 1 for aerial data collection will enhance safety by reducing risk. 

Conventional remote sensing operations, using turbine or piston-powered aircraft 

present risks associated with vehicles that can weigh 5,000 to 7,000 lbs., or more, 

carry large quantities of fuel, passengers, and, in some cases, cargo. In contrast, 

the Phantom 3 and Inspire 1, both weighing less than 10 lbs. and powered by 

batteries eliminates a portion of that risk given the reduced mass and lack of 

combustible fuel carried on board. The Phantom 3 and Inspire 1 will carry no 

passengers or crew and, therefore, will not expose any individuals to the risks 

associated with manned aircraft flights.

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

exemptions due to all pilots being certified through the FAA.

The operation of the Phantom 3 and Inspire 1, weighing less than 10 lbs., for aerial 

data collection in accordance with the strict conditions outlined above, will 

APPENDIX A:

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Doug Armknecht requests an exemption from the following regulations, all of 

which have been granted by every approved Section 333 exemption at the time of 

this submission.

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command.

The regulation provides 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; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

Equivalent Level of Safety

Currently, there are no applicable areas identified for sUAS in either the private or 

commercial sector and therefore an exemption is required to conduct commercial 

operations. As flight operations will be conducted in a restricted environment as 

described in the operations section, these strict guidelines will achieve an 

equivalent level of safety for each individual flight especially when compared to 

commercial flights identified in Part 61 when originally developed.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. Inasmuch there will be no 

airworthiness certificate issued for the sUAS, should this exemption be granted, no 

FAA regulatory standard would exist for determining airworthiness.

Equivalent Level of Safety

Given the size of the Phantom 3 and Inspire 1 and the preflight procedures 

including the review of maintenance logs and preflight check lists, an equivalent 

level of safety will be provided to assure the aircraft is in an airworthy condition.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119(c) which states that aircraft may not operate closer than 500 

feet above the surface and away from any person, vessel, vehicle, or structure in 

non-congested areas.
To provide the intended operations, the sUAS is operated below 400 feet AGL.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the 10 

pounds proposed herein, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and 

speed of the UAS, as well as the location where it is operated. As set forth in the 

operations section of this exemption, the sUAS will be operated away from 

densely populated areas and at least 5nm away from airports (unless a letter of 

agreement from the airport’s management is obtained), where buildings and 

people will not be exposed to operations without their pre-obtained consent. 

Because of the advance notice to the property owners and participants, all affected 

individuals will be well aware of the planned flight operations.

14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a 

person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or 

barometric pressure. An exemption is required because the sUAS does not have a 

barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by the operator confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

Moreover, the PIC will use the GPS altitude indicator to constantly monitor the 

sUAS's height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)(1)'s fuel 

requirements for flight in VFR conditions during the day. Section 91.151(a)(1) 

states:

(a) No person may begin 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;

Here, the battery powering the Phantom 3 and Inspire 1 provide approximately 20 

minutes of flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 
proposed flight area and the location of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is 

needed.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be 

conducted on-site without significant transit time by the sUAS. All flights will be 

completed with no less than 25% reserve battery power still available. This 

restriction would be more than adequate to return the sUAS safely to the ground 

and its planned landing zone from anywhere in its limited operating area even in 

the event of an unexpected occurrence. Operation of the sUAS with less than 30 

minutes of reserve fuel does not include the type of risks that Section 91.151(a)(1) 

was intended to alleviate given the size and speed of the small UAS, and the 

proximity of the flight operation to the landing zone.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). 

These regulations specify maintenance and inspection standards in reference to 14 

C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or 

operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart 

E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption to these 

regulations is needed because Part 43 and these sections only apply to aircraft with 

an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operator will ensure 

that the sUAS is in working order prior to initiating flight by following the 

preflight checklist, perform required maintenance, and keep a log of any 

maintenance performed. The operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition.
APPENDIX B: SUMMARY OF DOUG ARMKNECHT'S SECTION 333

EXEMPTION REQUEST

Doug Armknecht hereby provides pursuant to Part 11 a summary of its

exemption application to allow commercial operation of the Phantom 3 and Inspire 

1 unmanned aircraft in aerial data collection. An exemption is requested from the 

following regulations:

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

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

14 C.F.R. 91.119(c);

14 C.F.R. 91.121;

14 C.F.R. 91.151(a)(1);

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)&(b).