Date:	July	08,	2015

U.	S	.	Department	of	Transportation	Docket	Management	System

1200	New	Jersey	Ave.,	S	E	Washington, DC	20590	_

Filed	by:	Brian	Johnson

BrianJohnsonPhotos.com

441	Winding	Oak	Lane

Longwood	Fl,	32750

Petition	of	Brian	Johnson	Photography for	Exemption	Pursuant	to	section	333.

of	the	FAA	Reform	Act.

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,	Brian	Johnson	Photography,	operator	of	Small	

Unmanned	Aircraft	Systems	(sUASs)	equipped	to	conduct	aerial	photography	and	

videography,	hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation	

Regulations	("FARs")	to	allow	commercial	operation	of	its	sUASs,	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

Brian	Johnson	Photography	has	been	in	business	since	2010.	I	have	been	flying	

remote	control	vehicles on	a	recreational	side	for	many	years	and	would	like	to	

bring	the	capabilities	of	a	UAS	to	my	photography	business.	I	also	work	for	a	

marketing	company	who	owns	private	land	on	which	we	would	fly	sUASs	to	film	

commercials	with.

As	described	more	fully	below,	the	requested	exemption	would	permit	the	

operation	of	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	Brian	Johnson	to	conduct	commercial	

operations	of	small,	unmanned	aircraft	systems	("UAS")	meeting	or	exceeding	all	of	

the	operational	and	safety	requirements	Congress	has	set	forth	in	Section	333.	

Brian	Johnson	is	an	independent	photographer	and	videographer	that	does	work	for	

multiple	clients	and	plans	to	exploit	the	capabilities	of	Unmanned	Aerial	Systems	to	

offer	a	multitude	of	services,	including:

- Aerial	surveying

- Remote	sensing

- Agricultural	support

- Real	Estate	Photography

- Aerial	filmmaking and	photography

- Construction	site	inspections	and	monitoring

- Wildlife	and	forestry	monitoring

- Educational	and	research	operations
Statutory	Authority	Section	333,	titled	"Special	Rules	for	Certain	Unmanned	Aircraft	

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

civil	UAS	operations	in	the	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	rule	making	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	Petitioner	Requests	Relief	From	the	Following:

Regulations	from	which	the	exemption	is	requested:

14	C.F.R.	Part	21

14	C.F.R.	45.23	(b)

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

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.	91.121

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

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

Unmanned	Aircraft	System	sUAVs	are	oftentimes	seen	as	superior	to	helicopters	due	

to	the	smaller	devices	cheaper	equipment	and	personnel	cost,	reduced	noise	and	as	

such,	a	much	smaller	environmental	impact	which	promotes	public	safety.	·

We	are	petitioning	for	exemption	to	enable	Brian	Johnson Photography	to	operate	a	

DJI	Phantom	3	professional	and	advanced	model.	The	Dji	Phantom	3	is	equipped	

with	a	three-axis	gimbals	and	using	High-Def	cameras.	This	sUAV	has	a

built-in	capability	to	limit	the	height	it	flies	above	the	ground,	to	limit	the	radius	of	

the	distance	it	flies	from	the	operator	and	to	exclude	it	from	Class	8,	C	and	D	

airspace	including	a	no-fly	zone	feature.	The	Phantom	3	also	has	the	fail	safe	

function	of	the	Naza-M	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.	The	above	specifications	meet	with	the	Model	Aircraft	Operating	

Standards	as	set	below:

 Brian	Johnson	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	within	the	sterile	area	described	in	the	FOPM.	Such	
operations	will	insure	that	the	sUAS	will	"not	create	a	hazard	to	users	of	the	

national	airspace	system	or	the	public."

 When	flying	sUAV	within	5	miles	of	an	airport,	airport	operators	will	be	

notified	and	the	operator	will	give	the	right	of	way	to	avoid	flying	in	the

proximity	of	full-scale	aircraft.

 Maximum	flight	time	for	each	operational	flight	will	be	20	minutes.	Flights	

will	be	terminated	at	25%	battery	power	reserve	should	that	occur	prior	to	

the	20	minute	limit.

 The	sUAV	will	be	programmed	so	that	it	will	not	be	operated	at	an	altitude	of	

no	morethan	400	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	sUAS	operated	by	the	petitioner	weighs	less	than	55	pounds,	including	

the	payload	(i.e.	camera,	lens,	and	gimbal)	.

 The	sUAV	will	operate	at	speeds	of	no	more	than	50	knots,	can	hover,	and	can

simultaneously	move	vertically	and	horizontally	.

 Given	the	small	size	of	the	sUAS	and	the	restricted	sterile	environment	

within	which	they	will	operate,	our	sUAS	operations	adhere	to	the	Reform	

Act's	safety	requirements.	

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

larger	aircraft	running	on	combustible	fuel,	it	operates	at	lower	altitudes	with	no	

people	on	board	and	will	thereby	reduce	current	risk	levels	and	thereby	enhance	

safety	and	diminish	the	likelihood	of	death	or	serious	bodily	injury.	With	a	small	

payload	and	maximum	flight	time	of	only	20	minutes,	this	is	offers	little	or	no	risk	to	

national	security,	personal	property,	or	larger	aircraft.	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	applicants	in	the	past	have	chartered	2-seat	full-sized	

helicopters	for	this	purpose,	which	has	proven	more	costly	than	many	potential	

clients	have	been	able	to	afford.	The	benefits	of	reduced	cost	and improved	quality	

of	presentation	from	the	UA	will	be	valuable	to	and	benefit	many	buyers	and	sellers	

of	real	property.	Additionally,	we	request	that	we	be	allowed	to	use	our	system	to	

film	for	marketing	and	promotional	materials	for	clients	on	their	own	private	

property	within	a	200	feet	AGL.

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

(b)AII	operations	must	occur	in	FAA	Class	G	airspace	at	no	more	than	400	ft	AGL,	at

an	airspeed	of	no	more	than	25	knots	and	no	further	than	1/8th	NM	from	the	PIC;

(c)AII	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)	Brian	Johnson	Photography,	will	not	be	operate	over	densely	populated	areas;

(g)	Brian	Johnson	Photography,	will	not	be	operating	over	any	open-air	assembly	of

people;

(h)	Brian	Johnson	Photography,	will	not	be	operating	over	heavily	tracked	roads;

(i)	Brian	Johnson	Photography,	will	not	be	operating	within	5	NM	of	an	airport	or	

heliport without	prior	permission.

We	respectfully	request	exemption	under	Section	333	to	enable	Brian	Johnson	and	

BrianJohnonsphotos.com	/	Brian	Johnson	Photography,	to	operate	efficient,	limited,	

low-risk	commercial	sUAV	operations	for	the	activities stated	respecting	at	all	times	

the	space	and	privacy	of	citizens	and	property	whilst	keeping	our skies	safe.

Sincerely,

Brian	Johnson

Brian	Johnson	Photography
EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY

Brian	Johnson	Photography 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	of an	airworthiness	certificate.	

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

Aerial	Systems,	we request	an	experimental	certificate	be	issued	for	the	DJI	Inspire	1	

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,	we	would	expect	that	an experimental	

certificate	would	permit	our	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	UA's	lightweight,	being	constructed	primarily	of	carbon	fiber	

and	plastic,	we propose	that	the	UA	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	airworthiness

certificate	in	general.	Citing the	equivalent	level	of safety	outlined	in	the	previous	

paragraph.

14	CFR 45.23	Display	of	marks;	general	and	45.29	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.	The	sUAV	does	not	have an	entrance	

in	which	the	word	"EXPERIMENTAL"	can	be	placed,	and	may	not	have	a registration	

number	assigned	to	it	by	the	FAA.	We	propose to	achieve	an	equivalent	level	of
safety	by	including	the	word	"EXPERIMENTAL"	in	the	placard	on	the	top	of	the	

aircraft,	as shown	above,	where	the	PIC	(Pilot	In	Control),	VO	(Visual	Observer)	and	

others	in	the	vicinity	of

the	aircraft	while	it	is	preparing	for	launch	will	be	able	to	see	the	designation.	

Additionally,	we feel	that	the	permanent	placard	discussed	in	the	previous	

paragraph	will	provide	the	aircraft's registration	information	at	the	ground	station.	

Finally,	we	will	display	at	the	ground	station	a	high contrast	flag	or	banner	that	

contains	the	words	"Unmanned	Aircraft	Ground	Station"	in	letters	3 inches	high	or	

greater.	Since	the	aircraft	will	operate	within	3/4	NM	of	the	ground	station,	the

banner	should	be	visible	to	anyone	that	observes	the	aircraft	and	chooses	to	

investigate	its point	of	origin.	

14	CFR	61.113	Private	pilot	privileges	and	limitations Pilot	in	Command	and	61.133

Commercial	pilot	privileges	and	limitations.

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.	Our	proposed	operations	require	that	the	PIC

must	hold	at	least	a	Private	Pilot	Certificate	issued	by	the	FAA	and	since	the	aircraft	

cannot carry	passengers	or	property,	we	feel	we	meet	the	intent	of	61.113	

Subparagraph	(b)	even though	the	intent	of	this	application	is	to	conduct	a	business.

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.	We	assume	that	the	intent	of	this	

requirement	is	to	ensure	that	flight	manual information	is	available	to	the	aircrew	

while	operating	the	aircraft.	We	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.	To	obtain	an equivalent	level	of	

safety	and	meet	the	intent	of	91.9,	we	propose	that	a	current,	approved	sUAS

Flight	Manual	must	be	available	to	the	crew	at	the	ground	station	anytime	the	

aircraft	is	in,	or preparing	for,	flight.

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	

sUAS	System	ground	based control	station	consists	of	a	small	hand-held	radio	

transmitter	and	while	it	does	not	offer	a second	set	of	"controls",	both	the student	
and	instructor	can,	and	will,	operate	the	single	set	of controls	simultaneously.	With	

both	student	and	instructor	having	"hands-on"	the	controls	during flight,	we	feel	

that	this	technique	meets	the	intent	91.109	and	provides	an	equivalent	level	of

safety.	·

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	

pre-planned	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	we	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	400	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	d1splay	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	dayVFR 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.	We	feel	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	18	minutes	with	a	20%	reserve.	Since	the aircraft	will	never	fly	

more	than	1/8	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.	We	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	

5.3	pounds, the	sUAS	is	too	small	to	carry	documentation,	does	not	have	an	

entrance,	and	is	not	capable	of carrying	passengers	or	crew.	To	obtain	an	equivalent	

level	of	safety	and·	meet	the	intent	of 91.203,	we	propose	that	documents	deemed	

appropriate	for	this	aircraft	by	the	FAA	will	be	located with	the	crew	at	the	ground	

control	station	and	available	for	inspection	upon	request.	In order	to	identify	the	

aircraft,	we	propose	that	the	information	found	on	airworthiness	and registration	

certificates	be	permanently	affixed	to	the	aircraft	via	placard	containing	the	

following information	plus	the	word	"EXPERIMENTAL"	to	satisfy the	requirement	of	

14	CFR	45.23.

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	

our	intention	that	the	PIC	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	on-board	

computer.	The	manufacturer	or	their	designated	repair	facility	will	perform	all	other	

maintenance.	The	PIC	will	document	work performed	in	accordance	with	91.417.	

We	feel	that	due	to	the	size,	construction,	and	simplicity

of	the	aircraft,	the	PIC	can	ensure	an	equivalent	level	of	safety.	

Safety	and	Benefits	of	the	UAS

Brian	Johnson Photography	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 myriad	benefits	over	the	use	of	full-sized	manned	

aircraft	for	electric	power	line	inspection, oil/gas	pipeline	inspection,	advanced	

agriculture,	film	and	still	photography,	just	to	name	a	few. 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	Brian	Johnson	and	Brian	Johnson	Photography'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.	Middle	

Tennessee	Aerial	Photography	is	committed	to	promoting

the	UAS	research	efforts	of	policymakers	including	the	FAA,	NASA,	DOD	and	DARPA	

by	sharing data	from	its	commercial	UAS	operations	and	serving	as	a	resource	for	

future	UAS	research operations.	Thus,	the	FAA	has	good	cause	to	grant	this	Petition.
Conclusion

As	pointed	out	in	this	application,	all	the	SUAs	which	our	company	would	use,	under

authorization	by	the	US	DOT-FAA,	are	small,	light-weight	devices	operated	within	

the	line	of sight	of	the	Pilot-in-Command	(PIC),	less	than	400	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.

All	our	SUAs	have	proven	capability	for	controlled	flight.	They	are	devices	offered	

for	general sale	on	the	market	around	the	world	and	have	often	been	used	as	Model	

Aircraft	in	the	USA. We	a	re	certain	that	the	studies	conducted	until	now	by	the	FAA,	

about	Section	332,	Public	Law 112	-95,	2014,	have	already	provided	you	with	the	

assurances	on	the	airworthiness	of	SUAs such	as	ours.

For	the	foregoing	reasons,	the	exemptions	requested	herein	should	be	granted	and	

Brian	Johnson Photography	should	be	permitted	to	conduct	small	UAS	operations	in	

accordance with	its	manuals	and	all	other	operating	parameters	deemed	necessary	

and	appropriate	by	the FAA.	The	submission	of	this	application	and	its	contents	is	

the	best	demonstration	that	indeed	it is	possible	to	pursue	the	authorization	process

so	that	some	SUAs	may	be	used	for	legitimate commercial activities	and	under	

reasonably	safe	conditions.