U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 

20590

Name: Wesley Friesen

Address: 6 Lamplighter Ln. 

Vero Beach, Fl. 32960

Phone: 772-713-4461

Email: wrongbrothersaviation@yahoo.com

Prepared by Wesley Friesen

Petition for Exemption under Sec 333

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

("Reform Act") and `14 C.F.R. Part 11, I (Wesley Friesen) seeks exemption from 

the Federal Aviation Regulations to operate a UAS for civil (non-governmental) 

purposes other than for recreation or hobby. This petition will be for the new FAA 

streamlined UAS used for commercial operation at or below 200 feet.

I will be using the Phantom 3 Professional and Advanced for the aerial 

photograph. Since they both have the same flight characteristics and only minor 

changes, camera, max bitrate of video storage, and charger, I would like to include 

both in my exemption. Further details are in the aircraft specs below and the 

attached manuals.

These exemptions will be used to provide a service and accept payment from 

private land owners and companies who want to get aerial photos and videos of 

their property for real estate listings, insurance property claims, construction, and 

for business marketing. 

Sections seeking exemptions from

45.23(b), 61.113(a), 91.7(a), 91.9 (b)(2), 91.103(b), 91.119(c), 91.121, 

91.151(a)(1) , 91.203(a)(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)(2), 

91.417(a)(b)
14 CFR Part 21, Subpart H - Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, 

weight and defined area of operations for my flights permits exception from Part 

21 because they meet 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 USC 4470(f) and Section 333 of the 

Reform Act. Both pieces of legislation permit the FAA to exempt UASs from 

airworthiness certificates in consideration of weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. 

§45.23(b) Display of marks; general.

(b) When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

Reason for exemption:

The Phantom 3 does not have a cabin, cockpit, or pilot station. Do to the size of the 

Phantom 3, the size of the letters required would be impossible to attach to it.

§ 61.113(a)

Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. 

Reason for exemption:

Because the UAS will not carry a pilot or passengers the petitioner will have the 

same level of safety as C.F.R. §61.113 (a) because the petitioner has years of 

experience as a private pilot and will make sure that every flight will be conducted 

according to the rules and regulations for commercial UAS flights. Since the 

Phantom 3 weighs less than 5 pounds and will fly less than 25 knots, the UAS will 

not create a hazard to the airspace or the public.
§91.7(a) Civil aircraft airworthiness.

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

Reason for exemption:

Since there will be no air worthiness certificate provided, the petitioner will make 

sure that the Phantom 3 is in airworthy and safe flying condition through the 

manufacturer’s manual, prefight inspection, and will keep up with manufacture’s 

updates both hardware and software.

§91.9 (b)(2) civil aircraft flight manual, marking, and placard requirements.

(b) No person may operate a U.S.-registered civil aircraft—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Reason for exemption:

Because there are no pilots or passengers aboard and the aircraft is too small to 

carry a flight manual or documentation. A flight manual for the UAS or any other 

documentation needed will be kept at the base of operations for every flight. 

§91.103(b) Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include—

(b) For any flight, runway lengths at airports of intended use, and 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. 
Reason for exemption:

Since FAA approved flight manuals will not be provided for the aircraft. The PIC 

will take all actions for a safe flight including reviewing weather, flight battery 

requirements, landing and takeoff clearances, and aircraft performance data before 

initiation of flight.

§91.119(c) Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: 

(c) Over other than congested areas. 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. 

Reason for exemption:

Section 91.119 (c) establishes safe altitudes for operation of civil aircraft over 

other than congested areas. The petitioner requests to operate below 200 AGL over 

uncongested areas. The UAS will operate in pre-defined areas with the consent of 

the landowner and require that all non-essential persons remain clear of the flight 

area during operations. The PIC will not fly over congested areas and will make 

sure no undue hazard is present for persons or property. 

§91.121 Altimeter settings.

(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; or 

(2) At or above 18,000 feet MSL, to 29.92′′ Hg. 
(b) The lowest usable flight level is determined by the atmospheric pressure in the 

area of operation as shown in the following table:

Reason for exemption:

The Phantom 3 does not have a barometric altimeter. Instead the Phantom 3 uses a 

GPS real time read out for the altitude, this will insure correct level of flight. The 

Phantom 3 will be flown in a limited area and can be preset to fly only within a 

given distance and altitude and will automatically stay inside desired limits.

§91.151(a)(1) Fuel requirements for flight in VFR conditions.

(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 30 minutes; 

Reason for exemption:

Because the UAS only flies a maximum of 23 minutes the PIC will land the 

Phantom 3 before battery power gets below 25%. This will provide enough of a 

safety margin for the limited area the UAS will be flying in. Plus the Phantom 3 

Intelligent Flight Battery has built-in sensors and bright LEDs that let you know 

the status and remaining power of your battery in real time. It continuously 

calculates its current distance from you and the amount of power needed to return, 

so you always know how long you can continue flying and when it is time to 

recharge. If the Intelligent Flight Battery is running low, or if the Phantom 3 loses 

the connection with the remote controller for any reason, the aircraft will

automatically return to the takeoff point and land safely. 

§91.203(a)(b) Civil aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness 

certificate used to comply with this subparagraph (except a special flight permit, a 

copy of the applicable operations specifications issued under §21.197(c) of this 

chapter, appropriate sections of the air carrier manual required by parts 121 and 

135 of this chapter containing that portion of the operations specifications issued 

under §21.197(c), or an authorization under §91.611) must have on it the 

registration number assigned to the aircraft under part 47 of this chapter. However, 
the airworthiness certificate need not have on it an assigned special identification 

number before 10 days after that number is first affixed to the aircraft. A revised 

airworthiness certificate having on it an assigned special identification number, 

that has been affixed to an aircraft, may only be obtained upon application to an 

FAA Flight Standards district office. 

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft registration Application as 

provided for in §47.31(c), or a registration certification issued under the laws of a 

foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

Reason for exemption:

The Phantom 3 is too small to carry documentation. It does not have a cabin or 

cockpit entrance and does not carry pilot or passengers. The petitioner will keep all 

documentations at the base of operation where they will be easily accessible. 

§91.405(a) Maintenance required.

Each owner or operator of an aircraft—

(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;

Reason for exemption:

The petitioner will inspect the UAS before to every flight and repair any 

discrepancies. The petitioner will follow manufacturer’s preflight check list and the 

operations manual.

§91.407(a)(1) Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

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

maintenance, rebuilding, or alteration unless—
(1) It has been approved for return to service by a person authorized under §43.7 of 

this chapter

Reason for exemption:

The petitioner has responsibility for the safety and operation of the UAS and will 

make sure it is in a safe flying condition. All manufacturer’s suggestions for 

maintenance and repair, including suggested replacement parts will be 

implemented.

§91.409(a)(1)(2) Inspections.

(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 of 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 an airworthiness certificate in accordance 

with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for 

any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records. 

Reason for exemption:

Since the UAS will not be required to have airworthy certificate, 

91.409(a)(1)(2) will not apply. The petitioner will follow manufacture’s 

suggestions and operating manual to ensure the UAS is in a safe condition for 

flight and will be inspected for any defects or problems before every flight.

§91.417(a)(b) Maintenance records.

(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 alteration 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 description (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 specified time basis. 

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

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

appliances are maintained. 

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

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

directive number and revision date. If the AD or safety directive involves recurring 

action, the time and date when the next action is required.

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

alteration 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.

Reason for exemption:

The petitioner will inspect the UAS before ever flight and will keep a record of all 

repairs and modifications, and will use only approved manufacture’s parts for 

repairs and modifications. The petitioner will make sure the UAS is safe for flight 

by doing a test flight in a practice field before returning to service.

How the public would benefit from my services

My request for exemption would benefit the public by providing an opportunity for 

small business owners, real estate agents, and others who wish to document their 

land with a new technology they have never had. It will provide a service for 

pictures and video before and after, especially in Florida which can be hit by a 

Hurricane. This will help to get faster insurance claims for the people who need it 

the most. Real-estate companies can get aerial footage of property that cannot be 

seen from the ground. This will help the buyers get a better idea of the property 

they are buying and a quicker sale for the agent. Plus I will show how drones can 

be a positive rather than negative, using them in a safe manner.

Level of Safety

I am a licensed FAA Private Pilot land with a seaplane rating and a basic flight 

instructor. I have taken the commercial and instrument courses, both ground and 

flying and have 10 hours multi engine time. I have owned a Cherokee 140, Cessna

140, Challenger II two seat ultralight trainer, and a multitude of ultralight aircraft. I

even designed and manufactured my own ultralight aircraft. I not only have the 

flying knowledge, but also the maintenance experience to keep planes flying 

safely. I have always had the upmost respect for flight safety, weather, and the 

passengers flying in my aircraft, which would be the same case for people on the 

ground while operating the Phantom 3. I know the FAA flight rules and would 

implement them when flying the UAS commercially. I already have a Phantom 3 

and will have 25 hours logged before beginning commercial operations.
I will always observe the preflight check list and will follow suggested safety 

regulations from the aircraft manufactures and the FAA and will fly only in 

designated airspace that is permitted.

The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 miles and will not fly at 

night. Every flight will be under VFR conditions.

To remain safe distance from other aircraft The UAS will not fly within a five 

nautical miles from an airport unless getting prior permission from the ATC or a 

letter of permission from the airport management.

I will make sure that to protect any person or property on the ground, the UAS

must remain in visual line of sight of the PIC or visual observer.

To avoid a collision with another plane, maned or unmanned, the UAS must yield 

right-of-way to any other aircraft.

I will not operate the UAS unless there is an appropriate distance from 

nonparticipants to insure their safety. If any nonparticipant happens to get in the 

operational area out of the safety zone, the flight will be terminated. 

The PIC will have at minimum, a sport pilot license and a third class medical 

certificate or a valid state issued motor vehicle driver’s license.

All flights will be flown with enough power to fly at normal cruising speed to the 

intended landing point and land the UAS at 25% battery power remaining.

The UAS will weigh less than 5 pounds (Including Battery and Propellers).

The UAS will not exceed a speed of 25 knots.

The UAS will not exceed an altitude of 200 feet AGL. This will be preset in the 

Phantom 3 before every flight for an altitude of under 200 feet.

I will abort the flight in the event of unpredicted obstacles or emergencies.

All flights will have permission from the property owner. Permission will be 

obtained for each flight to be conducted. 
Pre-flight Checklist

1) Ensure that you are using only genuine parts and that all parts are in mint 

condition.

2) Ensure the remote controller, Intelligent Flight Battery, and mobile device are 

fully charged. 

3) Ensure that there is no foreign object stuck to the camera lens, the micro-SD 

card has been inserted into the camera, and the gimbal can rotate freely before 

powering it on.

4) Ensure the propellers are securely mounted onto the motors, and the motors can 

start and function normally.

5) Follow the on-screen instructions to calibrate the compass. 

6) Ensure the DJI Pilot app and aircraft's firmware have been upgraded to the latest 

version. 

7) Ensure that the flight area is outside the No-Fly Zones and flight conditions are 

suitable for flying the aircraft. 

8) Be sure that anyone involved in the flight is NOT under the influence of alcohol, 

drugs or any substance that may impair their cognitive abilities.

9) Be familiar with the selected flight mode and understand all safety functions and 

warnings. 

10) Be sure to observe all local regulations, obtain appropriate authorizations, and 

understand the risks. 

11) Check to see bystanders are at a safe distance from the operating area.

12) The DJI Pilot app is successfully connected to the aircraft.

Phantom 3

I will be flying the Phantom 3 Professional/Advanced. I feel the Phantom 3 has 

many safety advantages. 

Line of sight and altitude control

The Phantom 3 can be flown in a safe, limited area. It can be set to fly only within 

a given distance and altitude and will automatically stay inside my desired limits.

This invisible, GPS-enabled “geofence” prevents the Phantom from accidentally 

flying into unwanted areas, obstacles, or from flying out of sight or above 200 feet 

altitude. These setting will be enacted for every flight to ensure that the drone will 

be kept in line of sight and not fly over 200 feet in altitude.

Battery Power
The Intelligent Flight Battery has built-in sensors and bright LEDs that let you 

know the status and remaining power of your battery in real time. The Phantom 3 

continuously calculates its current distance from you and the amount of power 

needed to return, so you always know how long you can continue flying and when 

it is time to recharge. If the Intelligent Flight Battery is running low, or if the 

Phantom 3 loses the connection with the remote controller for any reason, the 

aircraft will automatically return to the takeoff point and land safely. 

Auto-Return Home

The Phantom 3 remembers the exact spot that it took off from. Wherever you’re

flying, you tap the go home button and it will return to point of takeoff.

Position Hold

The aircraft will hold its position when elevator and aileron inputs are at neutral.

Phantom 3 Professional/Advanced Specs

Aircraft 

 Weight (Including Battery And Propellers) : 1280 g

 Diagonal Size (Including Propellers) : 689 mm

 Max Ascent Speed : 5 m/s

 Max Descent Speed : 3 m/s

 Hover Accuracy : Vertical: +/- 10cm , Horizontal: +/- 1m

 Max Speed : 16 m/s (ATTI mode, no wind)

 Max Altitude Above Sea Level : 6000 m

 Operating Temperature : 0°C to 40°C

 GPS Mode : GPS/GLONASS

Camera 

 Sensor : Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

 Lens : FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

 ISO Range : 100-3200 (video) 100-1600 (photo)

 Shutter Speed : 8s -1/8000s

 Image Max Size : 4000 x 3000

 Still Photography Modes : Single Shot, Burst Shooting: 3/5/7 shots, Auto 

Exposure Bracketing (AEB): 3/5, Bracketed Frames at 0.7EV Bias, Timelapse
 Video Recording Modes : 

Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

 2.7K: 2704 x1520p 24/25/30 (29.97)

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

 Supported SD Card Types : Micro SD (Max capacity: 64 GB. Class 10 or 

UHS-1 rating required)

 Supported File Formats : FAT32/exFAT, Photo: JPEG, DNG, Video: MP4, 

MOV (MPEG-4 AVC/H.264)

 Operating Temperature : 0°C to 40°C

Max Bitrate of Video Storage

Phantom 3 Professional

 60 Mbps

Phantom 3 Advanced

 40 Mbps

Gimbal 

 Controllable Range : Pitch -90° to +30°

 Stabilization : 3-axis (pitch, roll, yaw)

Vision Positioning

 Max Velocity : Less than 8 m/s (when 2 m above ground)

 Altitude Range : 30 cm-300 cm

 Operating Range : 30 cm-300 cm

 Operating Environment : Surface with clear pattern and adequate lighting 

(Lux > 15)

Remote Controller
 Operating Frequency : 2.400 GHz-2.483 GHz

 Max Distance : 2000m (outdoors and unobstructed)

 Video Output Port : USB

 Operating Temperature : 0°C- 40°C

 Battery : 6000 mAh LiPo 2S

 Mobile Device Holder : For tablet or phone

 Receiver Sensitivity (1%PER) : 101 dBm ±2 dBm

 Transmitter Power (EIRP) : FCC: 20 dBm, CE: 16 dBm

 Working Voltage : 1.2 A @7.4 V

Charger

Phantom 3 Professional

100 W

Phantom 3 Advanced

57 W

Intelligent Flight Battery

 Capacity : 4480 mAh

 Voltage : 15.2 V

 Battery Type : LiPo 4S

 Energy : 68 Wh

 Net Weight : 365 g

 Max Flight Time : Approximately 23 minutes

 Operating Temperature : -10°C to 40°C

 Max Charging Power : 100 W

DJI Pilot App

 EIRP : 100mW

 Live View Working Frequency : 2.4GHz ISM

 Live View Quality : 720P @ 30fps (depending on conditions and mobile 

device)

 Latency : 220ms (depending on conditions and mobile device)

 Mobile Device System Requirements : iOS version 8.0 or later / Android 

version 4.1.2 or later

 Supported Mobile Devices : * iPhone 6 Plus, iPhone 6, iPhone 5s, iPad Air 2, 

iPad Air, iPad mini 3, iPad mini 2, iPad 4 / * Samsung S4, S5, Note 3, P900 

tablet, Sony Z3 EXPERIA, Google Nexus 7 II,

FCC Compliance
The Phantom 3 complies with part 15 of the FCC Rules. Operation is subject to the 

following two conditions: 

(1) This device may not cause harmful interference, and 

(2) This device must accept any interference received, including interference that 

may cause undesired operation. 

Changes or modifications not expressly approved by the party responsible for 

compliance could void the user's authority to operate the equipment. 

Summery

I, Wesley Friesen am seeking an exemption of the FAA’s Sec 333 rules for 

unmanned aircraft to be used for Commercial purposes in regards to National 

Airspace. 

These exemptions will be used to provide a commercial service and accept 

payment from private land owners and companies who want to get aerial photos 

and videos of their property for real estate listings, insurance property claims, 

construction, and for business marketing. 

These exemptions include:

14 C.F.R Sections

45.23(b), 61.113(a), 91.7(a), 91.9 (b)(2), 91.103(b), 91.119(c), 91.121, 

91.151(a)(1) , 91.203(a)(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)(2), 

91.417(a)(b)

Being a private pilot, land and sea, and a Basic Flight Instructor, I have the 

knowledge and experience to fly a drone commercially with the upmost safety 

while observing all flight rules.

I will be flying the Phantom 3 for aerial photography due to its advanced safety 

features and friendly flying characteristics. The Phantom 3 meets all the 

requirements of weight and speed for the exemptions. 

I feel I am a well-qualified pilot for the exemption and will promote drone safety 

and responsibility to the public that I deal with.
Thank you for your time and consideration. If there are any questions or concerns 

please feel free to contact me.

Wesley Friesen

6 Lamplighter Ln. 

Vero Beach, Fl. 32960