Justin Kerner / Pilot / Simplifly / Owner – Petitioning for Exemption under Section 333 

March 7, 2016 

U. S. Department of Transportation  

Docket Management System  

1200 New Jersey Ave, SE  

Washington, DC 20590  

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations form 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.lSl(a); 

91.203(a)&(b); 91.405(a); 

91.407(a) (1); 91.409(a) (2); 91.417 (a)&(b) 

Dear Sir or Madam: 

I,  Justin  Kerner,  am  writing  pursuant  to  the  FAA  Modernization  and  Reform  Act  of  2012  and  the 

procedures contained within 14 C.F.R. 11, to request that I, Justin Kerner, an operator of small unmanned 

aircraft, be exempt from the Federal Aviation Regulations ("FARs") listed below so that I, Justin Kerner, 

may operate my company’s DJI Phantom 2 (“Phantom”) small ultra‐lightweight unmanned aircraft system 

("sUAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"). 

My exemption  request would  permit me  to  conduct  commercial  operations  for aerial  photography  in 

connection  with  commercial  property  inspections,  property  management,  leasing  and  brokerage 

operations for clients of Simplify. It is in my client’s and the public’s best interest for several reasons. It 

removes  safety  risks  associated  with  building  owner  and  property  manager  access  to  potentially 

dangerous areas such as slippery or unstable  roofs, common area lighting poles, and exterior building 

facades.  The above examples will reduce time required for property managers and building owners to 

inspect and  repair  their  properties and  reduce  risks  to  real  property and individuals  for  property  that 

requires repairs.    

I. Contact Information 

Justin Kerner / Owner 

Simplifly Drone Photography 

5743 Corsa Avenue, Suite 215 

Westlake Village, CA  91362 

Phone: 805.657.8815 

E‐Mail: justinkerner@simplifly.la 
II. The specific sections of Title 14 of the Code of Federal Regulations from which Justin 

Kerner requests exemption are:

14 CFR 21;  

14 C.F.R. 45.23(b);  

14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;  

14 CFR 407 (a) (1);  

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

III. The extent of relief Justin Kerner seeks and the reason he seeks such relief: 

I, Justin Kerner, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331‐334, seeking 

relief  from  any  currently  applicable  FARs  operating  to  prevent  me,  Justin  Kerner,  contemplated 

commercial flight operations for my company’s purposes within the national airspace system. The Reform 

Act  in  Section  332  provides  for  such  integration  of  civil  unmanned  aircraft  systems  into  our  national 

airspace  system  as  it  is  in  the  public's  interest  to  do  so.  I,  Justin  Kerner’s  Phantom  sUAS  meets  the 

definition of "small unmanned aircraft' as defined in Section 331, and therefore, the integration of my 

Phantom sUAS is expressly contemplated by the Reform Act. I would like to operate my Phantom sUAS 

prior to the time period by which the Reform Act require’s the FAA to promulgate rules governing such 

craft. Thereby, providing direct experience and valuable information  for  formal  regulation  that can be 

administered  uniformly  to  all  sUAS  aerial  photography.  The  Reform  Act  guides  the  Secretary  in 

determining the types of sUAS's that may operate safely in our national airspace system. Considerations 

include: The weight, size, speed and overall capabilities of the sUAS's.  

Technical specifications for the DJI Phantom 2 are summarized in the table below. 

Size – Diagonal size including propellers 350 mm (13.78 inches)

Total Weight – 1,000 grams (2.20 pounds) 

Max Ascent speed – 6 m/s (11.66 knots) 

Max Descent speed – 2 m/s (3.89 knots) 

Max Flight speed – 15 m/s (29.15 knots) 

Hover Accuracy: Vertical 0.8 m (when Vision Positioning is active) Horizontal 2.5 m 

Control Frequency (main Channel) – 2.400 GHz 

Controller Range (max distance) – 1000m (outdoors and unobstructed) 

Communications – 2.4GHz ISM 
I, Justin Kerner, consider safety as foremost with each flight. My Phantom sUAS is designed to hover in 

place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial 

loss, I will not fly in winds exceeding 16 kph {10 mph). Built in safety systems, include a GPS mode that 

allows my Phantom sUAS to hover in place when radio controls are released. When pilot communication 

is lost, Phantom sUAS is designed to slowly descend to the point of take‐off. I do not operate my Phantom 

sUAS near airports, hospital nor police heliports, and do not operate near areas where general public is 

within fifty to one hundred (50‐100) yards depending on location, conditions and weather. I am constantly 

on  alert  for  any  manned  aircraft  (Police/Medical  helicopters,  etc.)  and  prepared  to  land/abort 

immediately to the nearest and safest ground point should a manned aircraft approach my location or I 

suspect manned aircraft my approach  near my  location. My  Phantom  sUAS  is  capable  of  vertical and 

horizontal operations, and is flown only within my ‐‐ the remote control pilot’s ‐‐ line of sight. Utilizing 

battery power rather than combustible fuels, flights generally last between five (5) to eight (8) minutes, 

with an altitude under one hundred fifty {150) feet. I, Justin Kerner, utilize a fresh fully charged battery 

with each flight as a safety precaution; full flight time limit for each battery is fifteen (15) to twenty (20) 

minutes as tested. I do not operate my Phantom sUAS at or below manufacturer recommended minimum 

charge  levels  for  operation;  preferring  to  remain well within  safe  operating  range  to  insure adequate 

communication between radio control and Phantom sUAS to eliminate potential for crash, loss of control 

or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level 

of  operation.  I  do  not  believe  in  taking  risk  that  may  cause  a  crash  that  could  create  hazard  to  the 

public/property/manned aircraft, and have no desire to lose an investment. I have clocked practice flights 

in  familiarization with  the characteristics of  this  specific Phantom  sUAS's performance  under different 

temperature and weather conditions. 

I, Justin Kerner, am extremely cautious when operating my Phantom sUAS and will not "create a hazard 

to users of the national airspace system of the public." 112 P. L. 95 § 333 (b). Given the small size and 

weight of my Phantom sUAS, it falls well within Congress's contemplated safety zone when it promulgated 

the Reform Act and  the corresponding directive  to integrate sUAS's into  the national airspace system. 

Justin Kerners Phantom sUAS, used in hobby flight, has a demonstrable safety record and does not pose 

any threat to the general public or national security. 

IV. How Justin Kerner’s request will benefit the public as a whole:

It  is  my  objective  to  provide  this  service  with  a  "safety  first"  mindset  so  that  the  eventual 

commercialization of sUAS flight is not affected negatively by those who are doing this without proper 

training. Congress has already proclaimed that it is in the public's interest to integrate commercially flown 

sUAS's into the national airspace system, hence the passing of the Reform Act. My ultra‐lightweight sUAS 

is battery powered and creates no emissions  that can harm  the environment. The consequence of my 

ultra‐lightweight sUAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, 

contain combustible  fuel and can cause catastrophic devastation  to  the public. The public's interest is 

furthered by minimizing ecological and crash threat by permitting aerial photo capture through my battery 

operated  ultra‐lightweight  sUAS's.  Permitting me,  Justin  Kerner,  to immediately  fly within  national air 

space also provides a safety benefit as it reduces safety risks associated with building owner and property 

manager access to potentially dangerous areas such as slippery or unstable roofs, common area lighting 

poles, and exterior building facades.  The above examples will reduce time required for property managers 
and building owners to inspect and repair their properties and reduce risks to real property and individuals 

for property that requires repairs. 

V.  Reasons why my exemption will not adversely affect safety or how the exemption will 

provide a level of safety at least equal to existing rule. 

1. My Phantom sUAS weighs less than eight (8) pounds. 

2. I only operate my Phantom sUAS below 200 feet (well within the 400 foot permissible ceiling set by      

the FAA Modernization and Reform Act of 2012). 

3. My Phantom sUAS only operates for 5 ‐ 8 minutes per flight. 

4. I land my Phantom sUAS prior to manufacturer recommended minimum level of battery power. 

5. I pilot my Phantom sUAS through remote control only by line of sight. 

6. My  Phantom  sUAS  has  GPS  and  a  flight  safety  feature  whereby  it  hovers  and  then  slowly  lands  if 

communication with the remote control pilot is lost. 

7. I actively analyze flight data and other sources of information to constantly update and enhance safety 

protocols. 

8. I only operate in reasonably safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and actively populated areas. 

9. I conduct extensive pre‐flight inspections and protocol, during which safety carries primary importance. 

10. I always obtain all necessary permissions prior to operation. 

11. I have procedures in place to abort flights in the event of safety breaches or potential danger. 

My safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note 

that absent  the integration of commercial sUAS into our national airspace system, helicopters are  the 

primary means  of aerial  video and  photography  for  community awareness and  real estate. While  the 

safety record of such helicopters is remarkably astounding, there has been local incident involving loss of 

life as well as extensive property damage; if is far safer to operate a battery powered ultra‐lightweight 

sUAS.  

12. The potential loss of life is diminished because sUAS's carry no people on board and I only operate my 

sUAS in specific areas away from mass populations. 

13. There is no fuel on board a sUAS and thus the potential for fire or explosion is greatly diminished. 

14. The small size and extreme maneuverability of my sUAS allows me to remotely pilot away from and 

avoid hazards quickly and safely. 

15. Given its small size and weight, even when close enough to capture amazing images, my sUAS does 

need not be so close to the objects they are focused on through the technology and use of post editing 

software. Accordingly, my sUAS has been experimentally operated  for  familiarization/competency and 

will continue to operate at and above current safety levels.  
VI. A Summary the FAA may publish in the Federal Register: 

A. 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)  (l). The size, weight and enclosed operational area of my Phantom sUAS permits exemption 

from Part 21 because my Phantom sUAS meets (and exceeds) an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA exempt sUAS'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 current and projected Phantom sUAS's meet or exceed each of the elements.  

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

Section  91.7(a)  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 C.F.R. 91.9 (b) (2): Civil aircraft flight manual 

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 sUAS'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 exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167A, 10602, 10700 and 32827.  

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

Section 91.121 is in regards to altimeter settings which is inapplicable insofar as my sUAS utilizes electronic 

global positioning systems with a barometric sensor.  

14 C.F.R. § 91.203 (a) and (b): Civil aircraft Certifications required  

Section 91.203 (a) & (b) provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable  for  the  same  reasons  described above. The equivalent level  of  safety will  be achieved  by 

maintaining any such required certifications and registrations by me, Justin Kerner.  

  B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Section 61.113 Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot 
station on which to mark certain words or phrases. Further, two‐inch lettering is difficult to place on such 

small  aircraft  with  dimensions  smaller  than  minimal  lettering  requirement.  Regardless,  I  will  mark  its 

sUASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 

14  C.F.R §  45.29  (f)  so  that I  the  pilot,  or anyone assisting me as a  spotter with  the UAV will  see  the 

markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167 A and 10700. 

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, Justin 

Kerner, can achieve an equivalent level of safety as achieved by current Regulations because my sUAS 

does  not  carry any  pilots  or  passengers.  Further, while  helpful,  a  pilot  license will  not ensure  remote 

control piloting skills. The risks attended to the operation of my sUAS is far less than the risk levels inherent 

in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Justin Kerner, to operate 

my sUAS 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. 

Section  91.119  establishes  safe  altitudes  for  the  operation  of  civil  aircraft.  It  allows  helicopters  to  be 

operated at lower altitudes in certain conditions. My sUAS will never operate at an altitude greater than 

200 AGL; safely below the standard of 400 AGL. I, Justin Kerner, will however operate my sUAS in safe 

areas away  from public and  traffic, providing a level of safety at least equivalent  to or below  those in 

relation  to minimum safe altitudes. Given  the size, weight, maneuverability and speed of my sUAS, an 

equivalent or higher level of safety will be achieved. 

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

The above‐cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter  ....  "These  Regulations  only  apply  to  aircraft  with  an  airworthiness  certificate.  They  will  not, 

therefore, apply to my Phantom sUAS. However, as a safety precaution, I inspect my Phantom sUAS before 

and after each flight.  

A Summary the FAA May Publish in the Federal Register: A. 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)(l). The size, weight and enclosed operational area of my sUAS permits exemption from 

Part 21 because my, Justin Kerner's, sUAS meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt sUAS'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 
sUAS meets or exceeds each of  these elements. 14 C.F.R 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft.  As  there  are  no  pilots  or  passengers,  and  given  the  size  of  the  sUAS's,  the  Regulation  is 

inapplicable.  An  equivalent  level  of  safety  will  be  achieved  by  maintaining  a  manual.  The  FAA  has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, maintenance program that involves regular software updates and curative measures for 

any damaged hardware. Therefore, an equivalent level of safety will be achieved.  

In Summary, Justin Kerner seeks an 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)(l); 14 C.F.R. § 91.409 

(a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my Phantom 2 

small  lightweight  unmanned  aircraft  vehicle  in  my  company’s  operations.  Granting  my  request  for 

exemption will reduce current risk levels and thereby enhance safety. My Phantom 2 sUAS craft does not 

contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate 

video and photographic aircraft with much less flight time. Furthermore, I operate at lower altitudes and 

in controlled airspace eliminating potential public  risk  flying  to and  from established airfields. I,  Justin 

Kerner,  have  been  informally  analyzing  flight  information  and  will  compile  safety  protocols  and  the 

implementation of a flight operations manual that exceeds currently accepted means and methods for 

safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish  protocols  for  complying with  the  FAA Modernization and  Reform  Act  of  2012.  There are  no 

personnel on board my sUAS, and therefore, the likelihood of death or serious bodily injury is significantly 

diminished. My operation of my sUAS weighing less than 8 pounds and traveling at lower speeds within 

limited areas, will provide an equivalent level of safety as that achieved under current FARs. Accordingly, 

I  respectfully  request  that  the  FAA  grant  my  exemption  request.  I  am  willing  to  cooperate  in  sharing 

information to benefit the FAA, safety of manned aircraft and the general public at large.  

Respectfully submitted, 

Justin Kerner, Owner 

Simplifly Drone Photography 

5743 Corsa Avenue, Suite 215 

Westlake Village, CA  91362 

Phone: 805.657.8815 

E‐Mail: justinkerner@simplifly.la