15 January 2016

Federal Aviation Administration (FAA)

Section 333 Exemption Petition 

Charles H. Jordan Jr. (Charley)

4832 Lylewood Rd

Indian Mound, TN 37079

sUAS Make and Model: DJI Phantom 3

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R.45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b)

I, Charley Jordan, am writing pursuant to the FAA Modernization and Reform Act of 2012 and 

the procedures in 14 C.F.R. 11, to request that I, Charley Jordan, may operate my small 

unmanned aircraft systems (UAS) in commercially regulated airspace by the Federal Aviation 

Administration (FAA).

I, Charley Jordan, have been flying UASs for recreational purposes for the last 3 years and have 

a FAA Small Unmanned Aircraft System (sUAS) registration. I have experience in flying both 

hobby UASs, and helicopters type aircraft. I’m also currently an active duty U.S. Army active 

duty aviator with over 15 years of rated aviator experience and over 2500 hours in rotary wing 

aircraft operating in both the National Airspace System (NAS) and in areas of combat. In the last 

3 years I’ve been flying UAVs I have flown my aircraft without incident and pledge my

continued commitment to safety on all future flights. 

I, Charley Jordan, with the exemption and approval from the FAA, will use my DJI Phantom 3 as 

an professional aerial filmmaking platform / Safety Inspection for the following applications: for 

Real Estate/Realtor purposes, Search and Rescue, Agricultural Livestock/ Field monitoring,

Structure Inspections, and Film/Video Productions.

I. Design, Operations, and Safety

1. The Phantom 3 that I will be using for videography will be safely conducted to minimize risk 

to the NAS, people and property on the ground and in the air. The Phantom 3 is a professional 

aerial film making platform with an advanced flight controller that makes the UAS stable, safe, 

and easy to fly. The Flight Controller provides stability and safety by providing a Failsafe system 

to prevent any unnecessary accidents. The Positioning Mode System on the Phantom 3 gives it 

the power to hover in position at low altitudes even without GPS by accessing a barometer to 

maintain altitude. The sUAS is also able to return home if the remote controller signal is lost or if 

the low battery warning is triggered. The Phantom 3 is equipped with a mounted 3 axis gimbal

camera for video/photo use. The Phantom 3 has a maximum speed of 16m/s (no wind) and a 

maximum flight time of 25 minutes using one fully charged 4480 mAh Intelligent Flight Battery. 
2. The Phantom 3 also feature Electronic Speed Controllers (ESCs) that handle communication 

between the Main Controller and motors to ensure that the pilot has complete control of the 

speed of the sUAS. To enhance the safety aspects of the sUAS I have programmed the sUAS 

through the DJI GO App interface to give me an automatic low battery warning at 30%, and at 

10%, after which it will automatically activate the RTH (Return to Home) feature to avoid any

possibility of an uncontrolled descent due to loss of power.

3. The sUAS will not only commercially benefit me, Charley Jordan, but I feel it will also play a 

positive role in improving safety and reducing risk to Search and Rescue teams, powerline 

inspectors, construction contractors, cellphone tower inspectors and livestock handlers. My light 

weight sUAS is battery powered and creates no emissions that can harm the environment. I, 

Charley Jordan, will also be cognitive of surroundings by checking for people, power lines, etc.

as to not cause any unnecessary harm.

II. Procedures and Inspections

1. I, Charley Jordan, will use a fully charged battery with each flight as a safety precaution. The

Phantom 3’s full flight time limit for each battery is approximately 25 minutes. I presently fly at 

a limit of 10-15 minutes on the Phantom 3 before I change the battery while always preferring to 

remain well within a safe operating range to insure adequate communication between radio 

control and UAS. Reserve batteries are always on hand with each flight, to insure replacement 

for sufficient safe level of operation. Before turning on the Phantom 3 for calibration and 

parameter setting, I, Charley Jordan, check/remove all propellers/wings to ensure the safety of 

myself and others. As part of my Pre-flight inspection I, Charley Jordan, will follow the checks 

in accordance with the User Manual, PG 41, (Exhibit A) and check all components while 

keeping other people, animals, or obstructions a safe distance away during system calibration 

and parameter setting. When configuring my propellers/wings on the Phantom 3, I always check 

to make sure they are sufficiently tight and secure before flight. I, Charley Jordan, also will 

check for damaged or worn propellers/wings, batteries, and other parts that should be replaced or 

repaired. I, Charley Jordan, check to make sure the flight battery, remote controller, Wi-Fi range 

extender, and all other necessary items are fully charged.

III. Specifications

Aircraft

Weight (including battery) 1216 g

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Max Speed 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea 

Level

6000 m (Software altitude limit: 120 m above takeoff 

point)

Max Flight Time Approximately 25 minutes

Operating Temperature 0°C to 40°C

Navigation system Built-in GPS
Remote Controller

Operating Frequency 5.725 GHz – 5.825 GHz, 922.7 MHz – 927.7 MHz (Japan)

Max Transmission 

Distance

FCC: 1000 m; CE: 500 m (outdoors and unobstructed, aircraft's altitude 

at 400 feet (120 m))

Operating Temperature 0°C to 40°C

Battery 2600 mAh LiPo 18650

Transmitter Power 

(EIRP)

FCC: 19 dBm

CE: 14 dBm

Working Voltage 600 mA @ 3.7V

Charging Port Micro USB

Camera

Sensor 1/2.3” Effective pixels:12 M

Lens FOV (Field Of View) 94° 20 mm (35 mm format equivalent) f/2.8

ISO Range 100-3200 (video) 100-1600 (photo)

Electronic Shutter Speed 8s -1/8000s

Image Max Size 4000 x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes

2.7K: 2704 x1520p 24/25/30 (29.97)

FHD: 1920x1080p 24/25/30 

HD: 1280x720p 24/25/30/48/50/60 

Max.Video Bitrate 40 Mbps

Supported File Formats

Micro SD Card: FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC)

Supported SD Card TypesMicro SD Card 8 GB included 

Operating Temperature 0°C to 40°C

Intelligent Flight Battery ( PH3-4480 mAh-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time Approximately 25 minutes 

Operating Temperature -10°C to 40°C

Max Charging Power 100 W
I, Charley Jordan, will pilot my sUAS through the remote control only by line of sight, and have

live video feed for an observer to monitor video recording. I receive a live telemetry feed from 

my sUAS during all flights which include remaining battery voltage, distance, altitude, and any

abnormalities that may occur during flight.

IV. Qualifications

Remote sUAS can be controlled by unmonitored amateur hobbyists with no knowledge of FAA 

regulations, safety considerations, and/or controls to help prevent a catastrophe. I, Charley

Jordan, have over 15 years of aviation experience in the FAA regulations from flying several 

different military rotary aircraft and because of this I can put a mind at ease knowing I have 

experience to avoid and prevent a public incident from happening. I, Charley Jordan, have 

operated UASs for 3 years and during this time I have learned to implement standard safety 

protocols and controls required before, during, and post flight. For the last year (2015), I, 

Charley Jordan, have been using the capabilities of my sUAS on my own agriculture operation

by monitoring my fence lines, livestock, and inspecting my barn structures. Because of this 

experience at my own operation, I have learned how to program a sUAS with safety controls to 

prevent incidents. This experience has lead me to the idea of venturing into the commercial 

interest to prove that the use of sUAS could aid the individual person or company in data 

collection functions safely and in a fraction of the time.

V. Intended UAS Operation

I, Charley Jordan, intend to engage in sUAS operations that would be for Real Estate/Realtor 

purposes, Search and Rescue, Agricultural Livestock/Field monitoring, Structure Inspections, 

and Film/Video productions. My sUAS operations would not affect safety, because I would fly 

within tightly controlled, predetermined areas away from the general public, airports, and 

vehicular traffic. I would fly in wide open areas that are permissible property boundaries 

according to the local laws and regulations, FAA, and my clients. In addition to my intention of 

flying the Phantom 3 safely according to the FAA rules, my sUAS was engineered to be as safe 

as possible for the PIC and its surroundings. The Phantom 3 has built in flight control system 

which is made to be as safe as possible. The Phantom 3 has an advanced “ready to fly” design, 

and has safety features, including Return Home and position stabilization.

VI. Operate Within Regulations

I, Charley Jordan, will fly only within line of sight. The maximum altitude I will fly my UAS

is 200 feet (well within the 400 ft regulated by the FAA Modernization and Reform Act

of 2012). I will not fly behind obstacles or at distances that make it impossible to see

my platform. The maximum operating speed I will operate is 35knots. I, Charley Jordan, will not 

operate my UAS near airports, hospitals or police heliports, and near areas where general public 

is within fifty to one hundred yards. The Phantom 3 is programmed for flight restriction in/within 

5 miles of any airports. These zones include airports worldwide and other areas where flying 

might pose an unnecessary risk, including national borders and sensitive institutions. A safety

NO fly zone map database is being updated constantly and is available for sUAS operators to 

check before flying the sUAS. I, Charley Jordan, am constantly on alert for any manned aircraft 
and prepared to land/abort immediately to the nearest and safest ground point should a manned 

aircraft approach my location. My sUAS is capable of vertical and horizontal operations and is 

flown only within my line of sight. It has capabilities of geofencing which will prevent the craft 

from exceeding a set altitude or distance. No matter what causes the sUAS to breach those

boundaries the sUAS is forced back within the boundary limits and allow the pilot to regain 

control once the craft is within those boundaries. My sUAS is flown with a second operator who 

aids in watching for any obstacles. I, Charley Jordan, do not believe in taking risks that may

cause a crash or safety incident that could create hazard to the public/property/aircrafts and I 

have no desire to lose an investment or my right to keep my exemption if it’s approved. 

I, Charley Jordan, have clocked numerous practice flights and simulated flights to gain 

familiarization with the characteristics of this specific sUAS performance under different 

temperature and weather conditions. This helps build adequate skills and response reflex time for 

safety.

I, Charley Jordan, will only operate in safe environments that are strictly controlled. The

environment will be safely away from power lines, elevated lights, airports, and actively

populated areas. I conduct extensive preflight inspections and protocols. I always will

have all necessary permissions prior to operation, and have procedures in place to abort

flights in the event of safety breaches or potential danger.

VII. Exemption From Regulations

The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like.

14 C.F.R.21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR 91.203 (a) (1). The size, 

weight, and operational area of my, Charley Jordan, sUAS, permits exemption from Part 21, 

because my sUAS meets (and exceeds) and equivalent level of safety pursuant to Section 333 of 

the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’s from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability, 

and proximity to areas such as airports and dense populations. My, Charley Jordan’s, current and 

projected UAS’s meet or exceed each of the elements.

14 C.F.R. 91.7 (a) Prohibits the operation of an aircraft without an airworthiness certificate. This 

regulation is inapplicable, because no such certificate will be applicable in contemplated by the 

FARs.

14 C.F.R. 91.9 (b) (2) Requires an aircraft flight manual in the aircraft. As there are no

on board pilots or passengers, and given the size of the UAS’s, this Regulation is inapplicable. 

An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined.

The FAA has previously issued exemption to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 32827.
14 C.F.R. 91.121 Regarding altimeter settings is inapplicable as my UAS utilizes electronic 

global positioning systems with a barometric sensor or controlled GPS “geofencing.”

14 C.F.R. 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The same level of 

safety will be achieved by maintaining any such required certifications and registrations by me, 

Charley Jordan.

B. 14 C.F.R. 45.23: Marketing of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My UAS can be marked with the 

appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R.

61.113 (a) & (b), private pilots are limited to non-commercial operations. I, Charley Jordan, can 

have equivalent level of safety as achieved by current Regulations, because my UAS does not 

carry any pilots or passengers. A pilot license will not ensure remote control piloting skills. The 

risks attended to the operation of my UAS are far less than the risk levels in the commercial 

activities outlined in 14 C.F.R. 61. Thus, allowing me, Charley Jordan, to operate my UAS to 

meet and exceed current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. 91.119 prescribes safe altitudes

for the operation of civil aircraft. My UAS will never operate at an altitude greater 200 above 

ground level; safely below the standard of 400 AGL. I, Charley Jordan, will however operate my 

UAS in safe areas away from public and traffic in minimum safe altitudes.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections. These 

Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to my, Charley Jordan’s, UAS. However, as a safety precaution, I inspect my UAS before 

and after each flight.

In summary, I, Charley Jordan, wish to receive exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113 (a) &(b); 14 C.F.R. 91.7

(a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14

C.F.R. 91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) and (b); 14 C.F.R. 91.405 (a); 14 

C.F.R. 91.407 (a)(1); 14 C.F.R. 91.409 (a) (2); and 14 C.F.R. 91.417 (a) & (b) to

commercially operate my, Charley Jordan, small UAS in Real Estate/Realtor purposes, Search 

and Rescue, Agricultural Livestock/Field monitoring, Structure Inspections, and Film/Video 

productions. I will use safety protocols and controls and abide by the appropriate User Manuals 

and FAA regulations to ensure a safe flight. I, Charley Jordan, respectively request that the FAA

grant my exemption request, and I’m also willing to cooperate in sharing information with

the FAA for the safety of the public.

Sincerely,

Charles H. Jordan Jr. (Charley)

4832 Lylewood Rd
Indian Mound, TN 37079

circlejranch09@gmail.com