Stephen R. Stratton – Section 333 Exemption Petition

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U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590

January 30, 2016

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam;

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, I, Stephen R. 

Stratton, request exemption from the Federal Aviation Regulations to allow for commercial operations 

of one Unmanned Aerial Systems (UAS(s)): a DJI Phantom 3 for purposes of agriculture surveying / crop 

scouting, aerial photography and videography, and training other operators of a UAS in the National 

Airspace System (NAS); but only 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 or Section 49 

USC § 44701.

Applicant: 

Stephen R. Stratton

1743 E. Avenida de las Flores

Thousand Oaks, CA 91362

cptntstratton@gmail.com

Qualifications:

FAA Certificated Private Pilot 

- Certificate No. 3010634

- Airplane Single Engine Land 

Attachments: 

DJI Phantom 3 

1. DJI Phantom 3 Professional User Manual 

2. DJI Phantom 3 Professional Guidelines Disclaimer 

3. Intelligent Flight Battery Safety Guidelines

Regulations from which the exemption is requested: 

14 CFR 21, Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 

14 CFR 91.7 (a) 
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14 CFR 91.9 (b) (2) 

14 CFR 91.103 (b) (2) 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (l) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b) 

14 CFR 21, Subpart H - In consideration of the size, weight, speed, and limited operating area associated 

with the UAS(s) and their operations, I, Stephen R. Stratton request relief from 14 CFR part 21, Subpart 

H, and any associated noise certification and testing requirements of part 36. The UAS(s) will carry 

neither pilot, passenger, explosive materials nor flammable liquids. 

14 CFR 45.23 (b) - Even though the UAS(s) will have no airworthiness certificate, an exemption may be 

needed as the UAS(s) will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS(s), two-inch lettering will be impossible. The 

word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the UAS(s) marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the UAS(s) will see the identification of the UAS(s) as 

"Experimental." 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) - Since the UAS(s) will not carry a pilot or passengers I, 

Stephen R. Stratton request a relief from these regulations. Any pilot in command or (PIC) operating the 

UAS(s) will hold a Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and 

required to communicate verbally at all times. The UAS(s) will be limited to operations within visual 

distance of both the PIC and VO. All UAS operations will take place in a controlled area. The risks 

associated with the use of a UAS(s) are far less than similar commercial aircraft operations.

14 CFR 91.7 (a) - Since the UAS(s) will not carry a pilot or passengers there will be no airworthiness 

certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists 

for determining airworthiness. Given the size of the aircraft, maintenance, and use of safety checklist 

prior to each flight, an equivalent level of safety will be provided. All flights will be in accordance with 

the safety and maintenance recommendations found in the DJI Phantom 3 attachments. 

14 CFR 91.9 (b) (2) - Given the size and configuration, the UAS(s) has no ability to carry a flight manual 

on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An

equivalent level of safety will be maintained by keeping the flight manual at the ground station where 

the UAS pilot will have immediate access to it. 

14 CFR 91.103 (b) (2) - As no FAA approved flight manuals will be provided for the aircraft an exemption 

is needed. Alternate procedures including but not limited to reviewing weather conditions, checking 

flight battery requirements, checking takeoff and landing distances along with those found in the 
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attached "Phantom 3 Professional User Manual" will be implemented. These actions will provide an 

equivalent or higher level of safety. 

14 CFR 91.109 - UAS(s) and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a control box that communicates with the aircraft via radio 

communications. An equivalent level of safety will be achieved using the real time ground station data 

and given the UAS(s) will carry neither a pilot nor passengers. 

14 CFR 91.119 (c) - The UAS(s) will never be operated at an altitude higher than 400 feet AGL. The 

UAS(s) will operate in safe areas away from public and traffic and only with permission of the property 

and structure owners. The UAS(s) will also be restricted by the flight controller to a maximum vertical 

height of 400 feet AGL, and 1500 feet horizontal. Given the size, weight, maneuverability and speed of 

the UAS(s), an equivalent or higher level of safety will be achieved. 

14 CFR 91.121 - As the UAS(s) may not have a barometric altimeter, but instead a GPS barometric sensor 

for altitude information an exemption may be required. An equivalent level of safety will be achieved 

using a ground station which links to a telemetry data link. This will provide the pilot with live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator prior to flight. 

14 CFR 91.151 (a) - The UAS(s) have a limited range and will be limited to operations in a controlled 

environment. The battery power of the UAS(s) provides approximately 25 minutes of flight time. The 

UAS(s) are unable to meet the 30 minute reserve requirement and therefore requires an exemption. An 

equivalent level of safety will be achieved by monitoring the battery through the ground station and 

landing with a minimum of 30 percent battery power remaining. 

14 CFR 91.203 (a) & (b) - Given the size and configuration, the UAS(s) have no ability to carry a flight 

manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. 

An equivalent level of safety will be maintained by keeping the flight manual at the ground station 

where the UAS pilot will have immediate access to it. Given the following sections only apply to aircraft 

with an airworthiness certificate; these sections do not apply to this applicant. As a safety precaution, 

the operator will perform preflight inspections and ensure UAS(s) are in working condition before 

initiating each flight: 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b) 

Equivalent Level of Safety 

In addition to the safety standards mentioned above the UAS(s) will adhere to the following additional 

guidelines: 

1. The UAS(s) will not be operated within 5 miles of an airport unless prior contact to Air Traffic 

Control has been established, and a letter of authorization has been granted. 

2. Flights will not exceed an airspeed of 36 mph (31.3 knots) 3. Flights will be operated at or below 

an altitude never exceeding 400 feet AGL. 
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3. The PIC and VO will communicate verbally at all times. 

4. UAS operations will not be conducted during night. 

5. All operations will be conducted under visual meteorological conditions. 

6. The UAS(s) will land with a minimum 30 percent battery reserve remaining. 

7. The UAS(s) will only be piloted within visual line of sight. 

8. The UAS(s) will utilize an internal flight safety feature that will return to a pre-programmed 

position and land if communication with the remote control is lost. 

9. Preflight inspections and protocol will be followed prior to all operations. 

10. The UAS(s) will abort flight in the event of unpredictable obstacles or emergencies. 

Public Interest 

I, Stephen R. Stratton, believe the use of a UAS in lieu of a manned aircraft would enhance safety and 

reduce the environmental impact compared to similar operations conducted with a manned aircraft 

carrying a crew and flammable fuel. As a professional aviator I experience the need to keep our skies 

safe. My primary role with UAS operations will be agriculture crop scouting, aerial imagery and 

videography. I will also assume the role to educate and train existing and future operators with their 

UAS in the NAS. These operators will no doubt be flying UAS with cameras and such the need to educate 

them as to their operation while maintaining the privacy of their neighbors. I, Stephen R. Stratton, 

would gladly offer my services upon request and with proper coordination to any official search and 

rescue or emergency services organization to benefit the public.

Privacy 

All flights will occur over private or controlled areas with the owner's consent. Capturing people in 

images will rarely occur. If a person is captured in a collected image they will have consented prior to 

filming or otherwise have agreed to be in the area prior to the filming taking place. 

Sincerely, 

Stephen R. Stratton