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Petition for Exemption Regarding

Carter Johnson

Seeking Exemption from the Requirements in Title 14

of the Code of Federal Regulations

Concerning Commercial Drone Use

To:

United States of America

Department of Transportation

Federal Aviation Administration

Submitted on January 14, 2016

Carter Johnson

112 Creekside Dr.

Mankato, MN 56001
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Carter Johnson

112 Creekside Dr. 

Mankato, MN 56001

Administrator

United States of America

Federal Aviation Administration

Washington, DC

Dear Administrator,

In regards to the federal regulations set forth in 14 CFR, I respectfully submit my petition for 

exemption.

The petition has been prepared as directed in the guidelines for submitting a petition in 14 CFR 

11.81. The specific sections of 14 CFR that I am seeking exemption from are listed. The reasons and 

extent of exemption are discussed in as much detail as possible. Additional reasons why my operation 

would not adversely affect safety are also discussed. 

I deem that I have fulfilled all the requirements of submitting a petition for exemption. The 

purpose for my exemption is commercial operation of the Phantom 3 UAS, for the purpose of realestate and landscape photography and videography.

Respectfully,

Carter Johnson

December 2, 2015
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Table of Contents

Introduction ..................................................................................................................................................5

Background ...................................................................................................................................................5

Regarding the Unmanned Aircraft System ...................................................................................................5

Regarding the Unmanned Aircraft PIC..........................................................................................................5

Regarding the Operation of the Unmanned Aircraft....................................................................................6

Petition.......................................................................................................................................................... 7

Specific Sections of 14 CFR from Which Carter Johnson Seeks Exemption..................................................7

Section 61.113(a) and (b).......................................................................................................................... 7

Section 91.7(a) ..........................................................................................................................................7

Section 91.121 ..........................................................................................................................................8

Section 91.151(b)......................................................................................................................................8

Section 91.405(a) ......................................................................................................................................8

Section 91.407(a)(1)..................................................................................................................................8

Section 91.409 (a)(1)(2) ............................................................................................................................ 8

Section 94.417 (a) (b)................................................................................................................................ 9

Extent of Relief Carter Johnson Seeks and Reasons...................................................................................10

Section 61.113 ........................................................................................................................................10

Section 91.7(a) ........................................................................................................................................10

Section 91.121 ........................................................................................................................................10

Section 91.151(b)....................................................................................................................................10

Sections 91.405(a), 91.407(a)(1)(2), 91.409(a)(1)(2), and 91.417(a)(b) .................................................10

The Public Interest......................................................................................................................................11

Decreased Large Aircraft Low Altitude Activity ..........................................................................................11

Safety and Efficiency of the Phantom 3......................................................................................................11

Economy (cost)............................................................................................................................................11

No Privacy Issues.........................................................................................................................................12

Effect on Safety...........................................................................................................................................12

Conclusion...................................................................................................................................................12

Works Cited.................................................................................................................................................13

Appendices..................................................................................................................................................13

Phantom 3 Owner’s manual ...................................................................... Error! Bookmark not defined.
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Executive Summary

This petition has been prepared as directed in the guidelines for submitting a petition in 14 CFR 11.81. 

The specific sections of 14 CFR from which exemption is sought are: 14 CFR 61.113(a) (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.417(a)(1), 91.409(a)(1) (2), and 91.417(a) (b). The reasons and extent of 

exemption are discussed in much detail. Additional reasons why my operation would not adversely 

affect safety are also discussed.
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Introduction

This document contains the information regarding the petition for exemption for Carter Johnson 

to fly the DJI Phantom 3 Drone commercially. Carter Johnson seeks exemption from certain regulations 

to produce high quality photography and videography of real-estate and landscape in the United States. 

The purpose of these activities will be advertising and sales.

Background

Carter Johnson seeks exemption from certain FAA regulations to operate the DJI Phantom 3 

Drone in the national airspace for compensation or hire. The DJI Phantom 3 unmanned aerial system 

(UAS) is quadcopter drone with four electric motors. The aircraft is operated from a ground station 

remote control that is paired with a mobile device or tablet for live image transmission. The max ascent 

speed for the aircraft is 5m/s, the max descent speed is 3m/s, the horizontal max speed is 16m/s, and 

the total weight of the aircraft (including battery) is 1280g. The flight time for the aircraft is 

approximately 23 minutes.

Regarding the Unmanned Aircraft System

The section will describe how the Phantom 3 UAS operation will be safely conducted to 

minimize risk to the national airspace or persons and property on the ground. Safety measures include; 

preflight checklist, maintenance, repair, and safe flight condition.

Before every flight, the Phantom 3 UAS will be inspected will reference to the owner’s manual 

to determine that the aircraft is in safe operating condition. Any maintenance, repairs, or modifications 

to the UAS will be documented and performed by certified professionals. Carter Johnson will ensure that 

maintenance logs are up to date before each flight. The GPS will be calibrated before every flight to 

ensure the update of the home point. Flight will only take place if there is a strong GPS connection to 

the UAS. Non-GPS flight will never be allowed. The Phantom 3 offers a great return to home safety 

feature. This feature will take effect if the UAS loses connection will the ground station controller. The 

aircraft will hover in position for 3 seconds. If connection with the controller is not reestablished, the 

aircraft will proceed to the home position (take-off point) and safely land. 

The Phantom 3 UAS complies with Part 15 of the FCC Rules. In reference to the owner’s manual 

the UAS complies with the limits for a class B digital device. DJI states that the UAS is in compliance with 

the essential requirements. 

Regarding the Unmanned Aircraft PIC

The person in control (PIC) of the UAS at all times will be Carter Johnson. Carter Johnson does 

not hold an airman’s certificate; however, he has logged 40 flights producing a total of over 5 hours of 
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recreational flight time with the Phantom 3 UAS. Carter Johnson always preforms a pre-flight inspection 

of the UAS and always has safety in mind when operating the UAS. Each commercial flight will consist of 

a safety observer. The visual observer must be at least 18 years of age and will be required to maintain 

visual with the UAS at all times. The PIC will also maintain visual line of sight during operation. The 

safety observer serves only the purpose of a second set of eyes looking for potential hazards and 

obstacles. The PIC Carter Johnson will at all times operate the UAS responsibly. This includes not 

operating the UAS when drinking alcohol, under the influence of anesthesia, suffering from dizziness, 

nausea, or any other conditions which could impair the ability to operate the aircraft safely.

Regarding the Operation of the Unmanned Aircraft

This section will fully define the intended operation of the Phantom 3 UAS in the national 

airspace. It will also describe how the operation will not adversely affect the safety provided by the rules 

for which exemption is sought. All safety procedures and bounds of operation will be defined to provide 

a level of safety equal to or greater than which is defined. This exemption should prove that the 

commercial operation of the UAS will be constrained such that it will provide a manner of safety that 

will be deemed acceptable by the FAA.

The intended operation of the Phantom 3 UAS is to produce high quality aerial imaging and 

photography for the purpose of advertising and sales. The PIC Carter Johnson will perform a pre-flight 

inspection of the Phantom 3 UAS to ensure that it is safe operating condition. The inspection includes 

details listed in the owner’s manual attached hereto. Both the controller and aircraft batteries will be 

fully charged for the operations. Weather conditions will also be examined by Carter Johnson before 

each flight to confirm that a safe flight can be possible. Operation of the UAS in wind speeds exceeding 

10 m/s, snow, rain, smog, hail, lighting, tornados or other serious weather conditions will not occur. 

Each flight will be bounded by proximity conditions as well to ensure safe flight. As stated in the 

owner’s manual, operation of the UAS directly above a person is strictly prohibited. The maximum 

altitude for the aircraft will be 400ft. The altitude is monitored by the ground control station. In 

addition, a limit will always be set on the aircraft to 395ft. This will not physically allow the UAS to 

ascend any higher, even if the left stick of the controller is still held in the up position. Operation of the 

UAS will not occur near areas with high magnetic or radio interference. These include but are not limited 

to: high voltage power lines, power transmission stations, and broadcast towers. The aircraft will at all 

times maintain a distance of at least 30 feet from obstacles, people, animals, buildings, public 

infrastructure, trees, and bodies of water when in flight. Operation within 5 miles of an airport will not 

occur. If operation within a no-fly zone is sought, proper precautions and communication with the 

airport and local law enforcement will be necessary.

The PIC Carter Johnson will always ensure that during flight of the UAS his hands with remain on 

the control sticks at all times. During flight, the PIC will monitor the aircraft’s battery power to ensure 

that a safe landing can be made. A landing will be made once the aircraft reaches a lower power warning 

set to 30% of battery remaining.
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The PIC Carter Johnson will maintain visual line of sight (VLOS) with the aircraft at all times 

during operation. In addition a safety observer will also maintain VLOS with the aircraft. In order to 

ensure that VLOS with the aircraft is maintained throughout the entire flight, a general preflight plan will 

be formalized with the safety observer. Creating a general flight plan before operation will make sure 

that obstacles will not breach the VLOS during operation. Operation of the camera or any part of the 

aircraft by the safety observer will not be allowed.

Carter Johnson will comply with all regulations listed in the owner’s manual and federal 

regulations not listed in this petition. The FAA also requires that those who obtain an exemption to also 

obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to 

conducting operations in the national airspace. Carter Johnson will provide all necessary documentation 

when operating the UAS commercially. Exemption approval and COA will be provided to businesses 

associated with advertising and sales to ensure legality of operation.

Petition

The petitioner, Carter Johnson, seeks exemption from the following FAA regulations: 14 CFR 

61.113(a) (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.417(a)(1), 91.409(a)(1) (2), and 91.417(a) (b). 

Section 333 of the FAA Modernization and Reform Act of 2012 currently prohibits commercial operation 

of unmanned aerial systems.

The DJI Phantom 3 aerial system meets all conditions set forth by Section 333. In reference to 14 CFR 

Part 21 subpart H, the Phantom 3 will not require an airworthiness certificate. The size, weight, speed 

and operating area can be directly referenced in the owner’s manual attached. 

Specific Sections of 14 CFR from Which Carter Johnson Seeks Exemption

Section 61.113(a) and (b)

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

Section 91.7(a)

(a) No person may operate a civil aircraft unless it is in an airworthy condition.
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Section 91.121

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure

airport or an appropriate altimeter setting available before departure

Section 91.151(b)

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point or intended 

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

Section 91.405(a)

(a) Shall have that 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.

Section 91.407(a)(1)

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or altercation unless—

(1) It has been approved for return to service by a person authorized under 43.7 of this 

chapter.

Section 91.409 (a)(1)(2)

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 if this chapter and has been approved 

for return to service by a person authorized by 43.7 of this chapter; or

(2) An inspection for the issuance of as airworthiness certificate in accordance with part 21 

of this chapter.
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Section 94.417 (a) (b)

(a) Except for work performed in accordance with 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this 

section:

(1) Records of the maintenance, preventive maintenance, and altercation and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft, the records must include—

(i) A disruption (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for 

return to service

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor 

and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specific time basis.

(iv) The current inspection status of the aircraft, including the time since that last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of the applicable airworthiness directives (AD) and safety 

directive including, for each, the method of compliance, the AD or safety 

directive involves recurring action, the tie and date when the next action is 

required

(vi) Copies of the forms prescribed by 43.9(d) of this chapter for each major 

altercation to the airframe and currently installed engines, rotors, propellers, 

and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work 

is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred

with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to 

service.
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Extent of Relief Carter Johnson Seeks and Reasons

Section 61.113

This section describes PIC regarding a manned aircraft with and without passengers. However 

the aircraft in this petition is a UAS. Carter Johnson states that an equivalent level of safety will be 

maintained, because no PIC other than Carter Johnson will be allowed to safely operate the Phantom 3 

UAS in the national airspace. In addition, all flights by Carter Johnson will be incidental to him, and the 

aircraft will not contain passengers.

Section 91.7(a)

Relief from airworthiness is necessary because the Phantom 3 does not require an airworthiness 

certificate. The aircraft will be inspected by Carter Johnson prior to each flight with reference to the 

owner’s manual and maintenance documentation. Carter Johnson will ensure that the aircraft is in 

airworthy condition. 

Section 91.121

Exemption from section 91.121 regarding altimeter settings is necessary because the Phantom 3 

UAS transmits the altitude data to the ground station display. Operation in safe altitude with be 

maintained using the ground station display, as well as, the set max altitude limit to 395 feet. The flight 

path of the UAS will not cover a significant distance for the cruising altitude to be a factor. Thus the 

above methods provide a level of safety that is equivalent with the regulation.

Section 91.151(b)

Carter Johnson seeks relief from the fuel requirement in this section, for the reason that the 

Phantom 3 is a battery operated aircraft. Operation of the aircraft will only take place in the daylight 

hours when weather conditions are permitting and there is enough battery life to safely completely a 

landing.

Sections 91.405(a), 91.407(a)(1)(2), 91.409(a)(1)(2), and 91.417(a)(b)

Relief from 91.405(a), 91.407(a)(1)(2) and 91.417(a)(b) is sought, because the Phantom 3 does 

not require an airworthiness certificate. Carter Johnson will ensure that prior to each flight the UAS is in 

airworthy condition. This includes complying with the owner’s manual and necessary maintenance 

records. Carter Johnson will ensure that all documentation regarding the Phantom 3 maintenance and 

modification will be recorded.
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The Public Interest

There are multiple reasons that this UAS operation would be acceptable in the public interest. 

First, Phantom 3 UAS commercial operation would produce high quality images and video to be used in 

business advertising and market, as well as, art. The imaging obtained would be visually appealing to the 

general public and produce more business for the advertiser. Overall, these operations would be 

completed in a manner that is safe for both the general public and the national airspace.

Decreased Large Aircraft Low Altitude Activity

The granted exemption for these operations with the Phantom 3 UAS would reduce the need for 

larger manned aircraft to partake in the similar operation. Larger aircraft would have to operate a low 

altitude to obtain the media sought, thus producing large amounts of unwanted sound and disturbance. 

Given the Phantom 3 UAS size, weight, and electrical motors it will have little to no sound disturbances 

compared to a larger manned aircraft. The risks associated with having a 1280g drone versus a couple 

hundred pound manned aircraft are far less given the safety measures the Phantom 3 provides. These 

operations would also reduce the overall congestion in the NAS given the Phantom 3’s Size.

Safety and Efficiency of the Phantom 3

The Phantom 3 UAS has many safety features which make it ideal for these operations. One 

major safety feature is return to home. This allows the UAS to return the take off point and land if 

connection with the ground station controller is lost. The Phantom 3 also meets the FCC requirements 

regarding frequencies and interference. Another really important safety feature is the flight area 

restrictions. After calibrating the home position boundaries can be set on the controller to limit the 

altitude and radius of flight from the home position. These features are extremely helpful when looking 

to avoid obstacles and provide a great secondary measure of safety when operating the UAS. All these 

safety features are integrating efficiently into the firmware of the UAS allowing for smooth and safe 

operation. 

Economy (cost)

The commercial operation of the Phantom 3 would have a positive effect on the economy. With 

the UAS being small in size and running on electric power, the need for large amounts of aircraft fuel is 

unnecessary. The efficiency of the electric motors on the UAS will reduce fossil fuel consumption and 

produce higher quality of media. With the cost of operation so low, media will be more easily acquired 

and used for advertising and sales. An increase in business would have a positive effect on the economy.
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No Privacy Issues

The operation of the Phantom 3 UAS in correspondence with the owner’s manual and federal 

regulations will not encroach on any privacy issues. Any operation which requires permission from 

property owner or law enforcement will be dealt with in accordance with local law and regulations. The 

operation of the UAS will violate any privacy issues.

Effect on Safety

After discussing the great many safety features incorporated in the Phantom 3 there really 

seems to be no doubt that the operation of this UAS will be safe. After careful review of safety 

procedures required by the FAA the PIC should not need to set limits on the altitude and other such 

precautions included in the Phantom 3. However, when parring an educated PIC and the added safety 

features of the Phantom 3, a level of safety equal to or greater than that defined in regulations should 

be achievable. Having said that, there should be no effect on the safety regarding the operations sought 

out in this petition.

Conclusion

In this petition for exemption, Carter Johnson seeks relief from the following FAA regulations: 14 

CFR 61.113(a) (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.417(a)(1), 91.409(a)(1) (2), and 91.417(a) (b). 

Carter Johnson intends to operate the Phantom 3 UAS in the national airspace for the purpose of aerial 

photography and videography of real-estate, and landscape for the potential sale or compensation. This 

petition covered the reasons why exemption from each regulation is sought and how exemption from 

the regulations will not adversely affect the current level of safety. After submitting a detailed analysis 

of the Phantom 3’s safety features and discussing safety practices that will be implicated during 

operation Carter Johnson formally requests that the Administrator grant the exemption request herein 

to approve the commercial operation of the Phantom 3 UAS.
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Works Cited

DJI Phantom 3 advanced owner’s manual (attached)

Federal Code of Regulations

Appendices

DJI Phantom 3 advanced owner’s manual ..........................................................................................................14
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***DJI Phantom 3 advanced owner’s manual will be attached here