Petition for Exemption under Section 333

Brent A. Johnson 

Whitton Construction Services 

4832 E. Whitton Ave. 

Phoenix, AZ 85018 

WHITTONCONSTTRUCTIONSERVICES@GMAIL.COM 

480-510-1635

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 

14 CRF part 21 and subpart H 14 CRF 61.23(a) and (c) 14 CRF 61.101(e) (4) and (5)

14 CRF 61.113 (a) 14 CRF 61.315 (a) 14 CRF 91.119(c)

14 CRF 91.121 14 CRF 91.151(a) (1) 14 CRF 91.405(a) 

14 CRF 91.407(a) (1) 14 CRF 91.409(a) (1) and (2)

14 CRF 91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Brent Johnson, 

operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation 

Regulations to allow commercial operation of designated UAS, provided such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation of an UAS would be used for Aerial inspections and photography of roof mounted 

photovoltaic systems.

As described below, the requested exemption would permit the operation of designated UAS as set forth in this 

document under controlled conditions in the NAS that would be a) limited b) controlled and c) safe. Approval of 

this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the 

Secretary of Transportation’s ( the FAA Administrator’s) responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace system.”

I plan to operate a UAS, the DJI PHANTOM 3 Standard which is comprised of an unmanned aircraft (UA or 

Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad-copter with a maximum 
gross weight of about 3 pounds. It is equipped with four rotors and they are driven by electric motors powered 

by batteries. The UA has a maximum airspeed of 22 m/s.

Also given the small size of the UAS involved and the restricted controlled environment within which it will 

operate, the applicant fits within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UAS’s to commence immediately, Also due to 

the size of the USA and the controlled areas in which the relevant UAS will operate, approval of the application 

presents no national security issue. Given the following, the grant of the requested exemptions is clearly in the 

public interest. Brent Johnson proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an exceptional 

level of safety to operations. These limitations and conditions to which Brent Johnson agrees to be bound when 

conducting commercial operations under an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLOS) of operator.

3. Flights to be operated during daytime Visual Flight Rules (VFR) conditions.

4. Maximum total flight time for each operational flight will be 25 minutes.+++++++++++++

5. Flights will be operated at an altitude of no more than 200 feet.

6. Flights will be terminated at 15% battery power reserve.

7. The UAS will only operate within a controlled area as defined in the procedures.

8. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a predetermined location within the Security Perimeter and land.

9. The USA will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

10. Flights will be operated the following distances away from airports or heliports:

5 nautical miles (NM) from an airport having an operational control tower; or 

3 NM from an airport with a published instrument flight procedure, but not an operational tower; or 

2 NM from an airport without a published instrument flight procedure or an operational tower; or 

2 NM from a heliport with a published instrument flight procedure 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are prepared 

to modify or amend any part of this request to satisfy the need for an equivalent level of safety.

Sincerely,

Brent Johnson