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October 23, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Petition of Phonamic for Exemption Pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Phonamic, hereby applies for an exemption from Federal Aviation Regulations 

(FARs) identified below, to allow commercial operations of small unmanned aerial 

system (i.e., sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed, the DJI UAS manufacturer's operations and/or instructions manual, DJI 

UAS User’s Manuals, DJI UAS Quick Start Guides, and any other requirements 

established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by Phonamic, which uses the DJI 

DJI Inspire1, and DJI Phantom 3 Professional to conduct agricultural and conservation 

research, real estate photography and videography, local promotional photography and 

videography to promote tourism, news gathering, fire and rescue, aerial mapping and 

survey, wildlife research and potential realtime waterborne predator threat detection and 

warning. Phonamic's operation under the exemption will be subject to strict operating 

requirements and conditions to ensure safety at all times and under conditions as may 

be modified by the FAA as required by Section 333.

UAS’s operated by Phonamic will be operated under controlled VFR conditions at low 

altitude in airspace that is permitted in accordance with Phonamic’s approved Certificate 

of Authorization (COA). Finally, the FAA ATC will approve the airspace in which the 

sUAS will operate in advance.

Phonamic respectfully submits this request for an exemption because it wishes to 

operate sUASs. The operations Phonamic will be conducting will be in lieu of 

comparatively hazardous operations now conducted by others using fixed wing and 

rotary conventional aircraft. The FAA can have confidence that the operations will be 

conducted at an equivalent level or greater level of safety than those providers. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in 

the national airspace system.”

For your convenience, Phonamic has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations
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V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII.Federal Registry Summary IX. Conclusion

I. Petitioner's Description:

Phonamic, headquartered in Bella Vista, Arkansas, is a company that wishes to provide 

sUAS support to news services, real estate photography and videography, local 

promotional photography/videography, construction photography, mapping and 

surveying and assist coastal jurisdictions in monitoring for the presence of large oceanic 

predatory animals in an effort to notify beachgoers of their presence. Phonamic intends 

to operate in a compliant and safe environment. Phonamic plans on providing a wide 

range of services as the sUAS market expands.

Phonamic’s goal is to operate in an accident-free environment by:

• Demonstrating a commitment by the petitioner to operate in a compliant manner.

• Identify hazard and risk while eliminating or controlling all these risks. Petitioner will 

intervene and report when unsafe work practices or conditions appear to exist.

• Train all support personal involved in flight operations to perform at the highest 

standard level.

The contact information for Petitioners is as follows: Phonamic

47 Bedford Lane

Bella Vista, Arkansas 72714

Owner: Jimmy Ray Harmon, Phone # 479-372-5000 Fax # 479-855-1088, Email: 

Jim@phonamic.com

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to 

consider whether certain unmanned

aircraft systems may operate safely in the National Airspace ("NAS") before completion 

of the formal UAS rule-making, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of 

such aircraft in the National Airspace System".
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Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under 40101 of the Act, from the requirement that all civil aircraft must have a 

current airworthiness certificate and those regulations requiring commercial pilots to 

operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act.

The proposed operations would permit Phonamic the use of small UAS systems under 

controlled conditions in airspace that is: (1) predetermined; and that (2) provides an 

Increased level of safety beyond that existing when fixed or rotor wing aircraft are used 

by others to accomplish the same purpose.

Phonamic’s submission places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems 

the conditions proposed herein require modification in order to allow approval, to supply 

conditions for the safe operation of the sUAS. Phonamic welcomes the opportunity to 

consult with FAA staff in order to address any issues or concerns that this proposal may 

raise that they believe may require modification.

Phonamic will use UASs that are multirotor, weighing less than 55 pounds including 

payload. They will operate, under normal conditions, at speeds not to exceed 50 mph. 

The multi rotors have the capability to hover and move in the vertical and horizontal 

plane. Phonamic’s UASs will operate in line of sight and during daylight hours. 

Phonamic will operate at or below 400 feet AGL. All required permissions and permits 

would be obtained from territorial, state, county or city jurisdictions, Including local law 

enforcement, fire, or other appropriate governmental agencies prior to operating a 

sUAS.

Given the small size of the sUAS involved and the environment within which they will 

operate, this Phonamic’s exemption falls within the zone of safety and demonstrates an 

equivalent level of safety, in which Congress desired the FAA to permit commercial UAS 

operations by exemption pending completion of formal rule-making. Also, due to the 
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size of the sUAS and the confined area in which the sUAS will operate, approval of the 

application presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, the grant of the requested 

exemptions is also in the public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of Phonamic’s proposed sUAS operations, 

below is a summary of operational limitations and conditions that will ensure an 

equivalent or higher level of safety to operations conducted under current regulatory 

guidelines:

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and visual observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the sUAS can be flown and still maintain a reserve battery power of no less than 

30%.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation or who

have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS PIC (and a Visual 

Observer/

Camera Operator when appropriate).

7. The sUAS PIC will be the petitioner Jimmy Ray Harmon.

8. Phonamic will designate a Pilot in Command ("PIC") for each mission.

9. The sUAS will operate only within a confined safe and un congested area.

10. Prior to the operations at a particular location, a site inspection will be conducted. 

On the

day of the mission the management person with operational control and the PIC will

concur on performing the mission after reviewing all safety issue compliance.

11. Prior to initiating each mission a briefing will be conducted in regard to the planned

sUAS operations. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safe and un congested area be present for this briefing.

12. Phonamic’s crew will use a safety and airworthiness checklist.

13. The sUAS will be maintained in compliance with the manufacturer’s guidelines.

14. In the event of an accident involving a Phonamic sUAS, petitioner will cease 

operations and report the accident to the NTSB and AFS-80.

15. PIC and VO will at all times be able to communicate by voice.

16. PIC, Camera Operator, VO, and Operational Personnel will have been trained and 

tested
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by the petitioners.

17. All required permissions and permits will be obtained in advance from territorial, 

state,

county or city jurisdictions, including local law enforcement, fire or other appropriate

governmental agencies.

18. In compliance with approved exemption, Phonamic management will submit a 

written “Plan of Activities” to the local Flight Standards District Office (FSDO) having 

jurisdiction over the area of proposed filming three days in advanced of operations 

during film or movie productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return 

to a pre-determined location within the safe and un congested area.

20. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

22. Phonamic, will assure no individuals’ privacy is violated.

23. Procedures have been established to contact ATC prior to operating in airspace 

other than G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command

B. 14 CFR § 91.103: Preflight Action

C. 14 CFR § 91.113: Right-of-Way Rules

D. 14 CFR § 91.119 (c): Minimum Safe Altitudes

E. 14 CFR § 91.121: Altimeter Settings

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the DJI sUAS’s are 

remotely controlled with no passengers or property of others on board. Phonamic

respectfully proposes that the FAA should take into account the characteristics and 

procedures of the particular UAS.

Phonamic proposes that the actual operation of the DJI sUAS does not require the Pilot 

to hold a private pilot certificate. Phonamic proposes the following requirements:
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• Pilot in Command Requirements:

1. The PIC must have accumulated and logged a minimum of twenty (20) hours as

 UAS pilot with the make and model of UAS to be utilized for operations

 under the exemption and three takeoffs and landings in the preceding 90 days.

2. The PIC must have successfully completed the qualification process as

 required by the petitioner, to include a knowledge and skill test.

B. 14 CFR § 91.103: Preflight Action

Phonamic requests an exemption from the preflight actions requirements of 14 CFR 

91.113 that prescribes the preflight actions under which aircraft may operate:

The Petitioner shall, before beginning a flight, become familiar with all available 

information concerning that flight.

a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, battery charge levels alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been 

advised by ATC;

b) For every flight the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature.

Phonamic will not operate sUAS’s under IFR conditions, or when the ceilings are below 

1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have published 

approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance

 data.

Equivalent Level of Safety

The PIC along with the person having operational control must assure that the weather 

will be

 adequate to complete the mission in VFR condition. Since Phonamic operates in 

Northwest Arkansas where the density altitude rarely exceeds 3,000 feet, UAS 

performance should not be effected. Prior to commercial operations the intended sUAS 

will be test flown at gross weight to test performance limitations prior to conducting 

sUAS operations.

C. 14 CFR 91.113: Right-of-Way Rules
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Phonamic requests an exemption from 14 CFR 91.113 Right-of-way rules, requiring 

vigilance by each person operating an aircraft so as to see and avoid other aircraft. 

When a rule of this section gives another aircraft the right-of-way, the pilot shall give 

way to that aircraft and may not pass over, under, or ahead of it unless well clear.

Phonamic will operate small pilotless UAS’s and cannot comply with these rules as they 

have been written

Equivalent Level of Safety

Phonamic will operate sUAS’s at or below an altitude of 400 feet AGL, well below the 

normal operating altitude of other aircraft. Phonamic specifies that a Pilot in Command 

with experience will perform each mission and have knowledge of the avoid rules. It’s 

the responsibility of the PIC to cease operations and land the UAS immediately 

whenever and aircraft comes into the vicinity creating a potential threat or safety 

concern. Operations will not recommence until the potential threat is clear or safety 

concern has been resolved.

D. 14 CFR. § 91.119: Minimum Safe Altitudes

Phonamic requests an exemption from the minimum safe altitude requirements of 14 

CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may 

operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft.

• Over other than congested areas at an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum 

altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any routes 

or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet AGL. 

Additionally, due to the nature of the proposed operations, the sUAS will maintain a 

lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and 

vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight of normal aircraft, Phonamic’s multi-rotor aircraft weigh less than 55 

pounds, and given the lack of flammable fuel, any risk associated with these operations 

is far less than those that presently exist with conventional aircraft. An equivalent level 

of safety will be achieved given the size, weight, and speed of the UAS, as well as the 

location where it is operated. As set forth in the Operations Manual, the sUAS will be 
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operated in a safe and un congested area, where buildings and people will not be 

exposed to operations without their pre-obtained consent. Because of the advance 

notice to the property owners and participants, all affected individuals will be well aware 

of the planned flight operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with 

aircraft that are subject to the minimum safe altitude regulations. Finally, the successful 

safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at 

these lower altitudes and closer operating environments.

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

Phonamic seeks an exemption from 14 CFR 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is 

set to the elevation of the departure airport or barometric pressure. An exemption is 

required because the sUAS does not have a barometric altimeter, but rather a GPS 

altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following these procedures: 1. 

Phonamic will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. 2. Moreover, the PIC will use the GPS altitude indicator to constantly 

monitor the sUAS's height, thus ensuring operation at safe altitudes.

F. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Phonamic requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states:

a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and

assuming normal cruising speed –

(1) During the day, to fly after that for at least 25 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The batteries powering Phonamic’s UAS’s provide approximately 10-24 minutes of 

powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS 

flights could not be conducted. Given the limitations on the sUAS's proposed flight area 

and the location of its proposed operations within a predetermined area, a safety margin 

based on a reserve amount of battery life is needed.
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Phonamic will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted 

on-site without significant transit time by the sUAS. All flights will be planned to 

terminate with no less than 30% reserve battery power still available. This restriction 

would be more than adequate to return the sUAS safely to its planned landing zone 

from anywhere in its confined area of

operation even in the event of an unexpected occurrence. Operation of the sUAS with 

less than 30 minutes of reserve fuel does not include the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS, and the 

proximity of the flight operation to the landing zone. Moreover, operation will be limited 

to controlled areas where only people and property owners, or official representatives 

will be allowed.

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

Phonamic also seeks an exemption from the maintenance inspection requirements 

contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 CFR Part 

43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the 

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

inspections...have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption to these regulations is needed because Part 43 and these sections only 

apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the DJI User’s Manuals. The operator will ensure that 

the sUAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. The operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight 

operations will only take place in pre-designated areas for limited periods of time during 

daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.

VI. PUBLIC INTEREST
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Granting Phonamic an exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the national airspace in controlled, safe 

working environments such as those propose in this petition. Phonamic would like to 

help facilitate safe integration of sUAS’s into mainstream USA in the following areas:

• Agriculture and Conservation

Phonamic would introduce and demonstrate to farmers of all types that the sUAS can 

aid commercial agriculture, land management and conservation efforts by assessing 

crops, mapping flood zones, measuring snow pack and more. The sUAS can fly preconfigured missions via the fully automated ground station, which allows for time-lapse 

photos of fields, crops and known land tracts. It also can accurately recreate the same 

pattern during all seasons, providing invaluable data for land and soil management. 

Using HD video, HD photos, and IR cameras allows for detailed analysis and recording. 

With photo

rendering software, 3D maps and topography can be used in conjunction with timelapse photos to create highly detailed maps for erosion, flood mapping and other critical 

aspects

of land management. 

• Real Estate

The sUAS can be used in all areas of real estate, including agricultural, vacant land, 

commercial, residential and industrial properties. Using a sUAS, real estate 

professionals can create promotional videos, photos and unique shots that normal 

camera aspects cannot capture. The remote platform is great for new planning, zoning 

and large developments. Simple and easy-to-use video and photos allow for multiple 

height pictures and elevation views.

• Movies and Videography

Whether the shot requires unique views and expansive panning or extreme altitude with 

radical views, the UAS is designed to hold up under demanding conditions. Because of 

the autopilot feature with pre-designed mission management and R/C control interrupt, 

the pilot and camera operator can easily create the ultimate shot with HD video or HD 

still photos. When working close in on a closed set the hazards to the actors are greatly 

reduced due to the size of the sUAS.

• News Gathering

Similar to movies and videography, each news assignment may require a completely 

different shot or view of a scene. With budgets for traditional helicopter use being 

greatly reduced, the UAS is the perfect solution to allow for easy news gathering for a 

fraction of the cost. The sUAS can and will be operated in a safe manner away from the 

public, while the traditional helicopter must hover over persons and property increasing 
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the danger to individuals.

• Fire and Rescue and coastal predator detection and warning.

Phonamic would introduce and demonstrate to fire and rescue personnel the sUAS’s 

reliability and the capability to perform in extreme situations. The ability to offer real time 

HD and IR video facilitates placing personnel and equipment in the right places. 

Phonamic's mission is to assist governmental agencies safely into the NAS.

VII. Privacy

Phonamic knows that many individual have concerns about privacy from the operations 

of sUAS’s. Phonamic has created a privacy notice that informs residents, commercial 

property owners, churches, schools, and governmental organizations of our intent to 

conduct commercial drone operations in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Flyboy Aerial Photography LLC seeks an exemption from the following rules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91. 103; 14 CFR 91.113; 14 CFR 91.119; 14 

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR; 

91.409(a)(2); 14 CFR 91.417(a) and (b).

Approval of this exemption request allows Phonamic to conduct commercial operations 

with small and lightweight unmanned aerial systems. Phonamic’s vision is to enhance 

safety of sUAS operations in the NAS while reducing risk to the general public and 

property owners.

The DJI sUAS’s, weighing less than 55 pounds and powered by batteries, eliminates 

virtually all of the risk given the reduced mass and lack of combustible fuel carried on 

board. The sUAS is transported to the designated mission area and set up there. The 

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. The operation of this small UAS will provide an 

equivalent level of safety, supporting the grant of the exemptions requested herein, 

including exempting the applicant form the requirements of several regulations and 

allowing commercial operations. These lightweight sUAS's operate at slow speeds, 

close to the ground and in a safe and un congested environment. As a result, they are 

far safer than conventional aerial survey and inspection operations conducted with fixed 

wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned.

Jimmy Ray Harmon, Owner/Petitioner Phonamic

Business phone: 479-372-5000

Email: jim@phonamic.com
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