PAGE 1 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

JEKO VIDEO / JEKO IMAGERY

Attn: Jeffrey R. Kochanowski

PO Box 11471

Knoxville, TN 37939-1471

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations

Dear Madam or Sir,

I am writing to request an exemption from the requirements of Title 14 of the Code of 

Federal Regulations Sections:

Part 61

91.7(a)

91.121

91.151(b)

91.405(a)

91.407(a)(1)

91.409(a)(1) & (a)(2)

91.417(a) & (b)

This exemption pertains to the commercial operation of the DJI Phantom 3 sUAS pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95). 

JEKO VIDEO / JEKO IMAGERY

Jeffrey Robert Kochanowski

“JEKO”

Mailing

Address: 

PO Box 11471 

Knoxville, TN 37939-1471

phone: 865.660.4251

email: jeff@jekoimagery.com
PAGE 2 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

INTRODUCTION

JEKO VIDEO, hereafter referred to as “JEKO” (Jeff Kochanowski, owner), seeks 

exemption from the requirements of 14 C.F.R Part 61, 14 C.F.R §§ 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate a small 

Unmanned Aircraft System (a DJI Phantom 3) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). 

JEKO plans to employ the capabilities of this small Unmanned Aerial System 

(sUAS) to offer several services, including:

 Event photography & videography 

 Real estate videography & photography 

 Aerial videography & photography 

JEKO seeks an exemption to operate the DJI Phantom 3 system for compensation 

or hire within the NAS. The DJI Phantom 3 is a multi-rotor, vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). There are four main 

rotors driven by Lithium Polymer battery powered electric motors. This base DJI Phantom 3 

has a maximum gross weight of approximately 2.8 lbs (1270 grams), while having a diagonal 

dimension of 23.2”, with a maximum speed of approximately 16.4fps. The DJI Phantom 3 has

a built-in capability to limit the height it flies above

the ground, and to limit the distance (radius) it flies

from the operator.

JEKO's DJI Phantom 3 is further

equipped with bolted-on propeller guards (see

image) which add 0.3 lb to the sUAS weight,

resulting in a total weight of 3.1lbs (approximately

1390 grams). The propeller guards better shield the

four propellers from contact with other objects, and

allow for safer operation.

Specifically, JEKO requests an exemption to permit the commercial operation of a 

DJI Phantom 3 multi-rotor sUAS weighing less than 1400 grams as equipped with propeller 

guards, and remaining under 200 feet AGL by a PIC with a minimum of 25 hours R/C multirotor sUAS experience and a current driver's license (in lieu of an actual commercial or sport 

pilot's license). Operation would only occur in airspace that is 1) limited, 2) predetermined, 

and 3) controlled. If granted, the proposed exemption would allow JEKO to conduct 

commercial operations while meeting or exceeding all of the operational and safety 

requirements Congress has set forth in Section 333.

Lastly, JEKO asks that if any part of this request is deemed not in compliance, that 

part be removed, and process the remainder of this request as applicable.
PAGE 3 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

JEKO requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS System: 

PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS

This part defines pilot certification requirements for traditional aircraft. However, the 

regulation does not seem to encompass aircraft like the sUAS we seek to employ-- a 

multi-rotor sUAS weighing less than 3.5 pounds and equipped with propeller guards. 

Current pilot training requirements do not assure a safe, fully prepared sUAS pilot-incommand. Assuming the intent of Part 61 is to assure that a qualified PIC is 

responsible for the planning, communication and execution of the mission and aircraft, 

JEKO requests that the regulation consider the scale of the aircraft being used, and 

alternatively involve a specific sUAS training requirement.

 Considering the operating limitations set forth-above, JEKO submits that the full pilot 

certification/licensing of a commercially certificated pilot would not correlate to the skills 

necessary for JEKO’s specific proposed flight operations. 

 In the absence of sUAS certification, JEKO proposes specifically that the PIC must 

have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), at 

least 25 hours of total time as a UAS multi-rotor pilot (with a minimum of 5 hours 

operating the same make and model of UAS to be used for operations under the 

exemption). In addition, in the past 30 days the PIC must have at least 1 hour of flight 

for currency purposes (which, based on our 20 minute battery capacity would require at 

least 3 take-off/landing cycles). 

 Relief is requested to allow a PIC who has met sUAS certification level and sUAS flight

hour requirements to conduct the proposed flight operations for compensation or hire. 

As Section 61.113(a) and (b) state that 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.

 JEKO submits that an equivalent level of safety will be maintained because no PIC will 

be allowed to operate JEKO's DJI Phantom 3 sUAS unless that PIC has thus 

demonstrated the ability to safely operate the DJI Phantom 3 sUAS in a manner 

consistent with the operations specifications as described in this exemption, including 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, JEKO submits that all commercial flights of the DJI Phantom 3 sUAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 

JEKO's business; and (2) will not carry passengers or property for compensation or 

hire.

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 

sUAS, we request an experimental certificate be issued for the DJI Phantom 3 under 14

CFR 21.191 Experimental certificates. 
PAGE 4 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

JEKO hopes that an experimental certificate would permit our commercial use. 

The aircraft will not carry persons, property, nor fuel, and will only fly under strict 

requirements. Considering the sUAS's light weight and guarded propellers, JEKO 

proposes that the sUAS will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission.

14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks. 

This section establishes requirements for markings on each aircraft. The scale of

JEKO's sUAS severely restricts the size of any possible labels. Also, the absence of a 

registration system for sUAS at the time leaves us without a registration number. 

For the time, the sUAS has been labeled simply with “JEKO”, and our contact 

information included. This is considered a temporary exemption until the new 

registration procedure is developed and implemented.

14 CFR 91.7 Civil Aircraft Airworthiness

This section prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form intended by the FARs, 

this regulation is inapplicable. 

14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements.

This section indicates that a current flight manual must be in the aircraft while 

operating it. Assuming that the intent of this regulation is to have the information 

available to the crew if/when needed, JEKO will alternatively have a current sUAS flight 

manual available at the ground station during preparation and operation. 

14 CFR 91.119 Minimum Safe Altitudes: General. 

This section indicates that the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. JEKO's typical sUAS mission would be 

videography/photography of persons, vessels, vehicles or structures. Thus 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 following a pre-planned flight path. Furthermore, the sUAS will be 

operated at a low altitude allowing for an emergency landing without undue hazard to 

persons or property on the surface. Again, due to the small size of the sUAS equipped 

with propeller guards, the hazard to persons, vehicles and structures is minimal – 

especially when compared to manned aircraft. 

CFR 91.121 Altimeter Settings. 

This section indicates that aircraft maintain cruising altitudes by reference to an 

altimeter setting (within 100 NM of the aircraft). JEKO's sUAS will launch in close 

proximity to our subject, and thus will not need to maintain cruising altitudes. However, 

an Above Ground Level (AGL) altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer to the ground station's display 

screen held by the PIC, providing a constantly updated AGL limit (set in the controller) 

and readout.
PAGE 5 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions.

 This section indicates minimum fuel requirements for aircraft. JEKO's sUAS is 

battery powered, and will take-off and land in close proximity to the subject(s) being 

photographed. JEKO's Operating Procedure dictates that operations cease once the 

battery level reaches 25%. The sUAS's integrated battery monitor and alarm/alert 

system will assure the PIC is aware of battery dropping below 30%. Also, the controller 

activates an automatic return to home (RTH) protocol if power drops lower than critical 

cut-off setting.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required. 

This section indicates that an airworthiness certificate must be aboard the 

aircraft. The sUAS is too small to carry documentation, does not have an entrance, and 

is incapable of carrying passengers or crew. The documents deemed appropriate for 

this aircraft by the FAA will be available at the ground control station. Aircraft 

identification is addressed above in 14 CFR 45.23. 

14 CFR 91.205(a), (b) Instrument and Equipment Requirements 

This section defines a set of instruments and equipment required for day VFR 

flight. Airspeed, AGL and compass indicators are provided on the Ground Station 

Controller display. However, the sUAS's use of battery powered motors changes the 

engine monitoring necessities. 

The Ground Station Controller flight screen does provide:

1. Aircraft's height in feet (AGL).

2. Aircraft's distance from Ground Station Controller in feet.

3. Aircraft's vertical speed in mph.

4. Aircraft's horizontal speed in mph.

5. Aircraft's front camera view.

6. Map position.

7. Firmware status (all devices).

8. Aircraft's indicator light status.

9. Compass status (Calibration needed or normal).

10.Gimbal status.

11. Radio controller signal quality.

12.Flight mode (P, A or F)

13.Intelligent flight battery level (%).

14.Intelligent flight battery temperature (centigrade).

15.Controller battery level (%).

16.SD card capacity.

17.Camera controls (not relative to flight control).

The telemetry information provided by the controller in conjunction with 

continuous visual flight monitoring is believed to provide sufficient aircraft operating 

indicators.
PAGE 6 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations

This part involves maintaining the aircraft in an airworthy condition. JEKO will 

perform normal maintenance and inspection of the aircraft, and approve the aircraft for 

return to service. The PIC will also ensure that the aircraft is in an airworthy condition 

prior to every flight including a detailed inspection. Any maintenance performed by the 

PIC is limited to repairing small cracks, replacing propeller, checking electrical 

connections and updating software and firmware for the on-board computer. 

All other maintenance will be performed by the manufacturer or their designated 

repair facility. Due to the size and simplicity of this aircraft, the PIC can ensure an 

equivalent level of safety. 

SAFETY AND BENEFITS OF THE sUAS

JEKO will be using the sUAS in a variety of applications that previously needed full-size

manned aircraft to complete. 

Such sUAS offer many benefits over the use of full-sized manned aircraft videography 

and still photography. 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 JEKO‘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. 

JEKO is excited to aid the UAS research efforts of policymakers 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. 
PAGE 7 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

CONCLUSION

As pointed out in this application, the sUAS which our company would use, under FAA 

authorization, is a light-weight device operated within the line of sight of the Pilot-inCommand, less than 200 feet above the ground and outside a 5-mile radius 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. 

The DJI Phantom 3 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. We are certain that the studies conducted until now by the FAA, about Section 332, 

Public Law 112-95, 2014, have already provided you with confidence in the airworthiness of a 

sUAS such as ours.

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

JEKO should be permitted to conduct sUAS operations in accordance with its manuals and all

other operating parameters deemed necessary and appropriate by the FAA. The approval of 

this application and its contents is the best demonstration that indeed some sUAS may be 

used for legitimate commercial activities and under reasonably safe conditions. 

If any individual aspect of this request for exemption is unacceptable, JEKO requests 

that it be struck alone and the remainder of the exemption be allowed as requested. 

Respectfully submitted,

Jeffrey R. Kochanowski, 

Owner of JEKO VIDEO and JEKO IMAGERY
PAGE 8 of 8 JEKO - FAA SECTION 333 EXEMPTION PETITION 12/14/15

Appendix A - Links to Pertinent DJI Documents

DJI Phantom 3 Professional Phantom 3 Professional 

Quick Start Guide: 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en__v1.2.pdf

User Manual:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf

Safety Guidelines:

http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201509.pdf

Appendix B - DJI Phantom 3 Professional Identification (multi-rotor quadcopter)

CRAFT S/N: P76DCH22A26777

CAMERA S/N: P78DCH21031345

REPEATER S/N: P81JCH19001420

DATE CODE: CH221858287244

CRAFT = MODEL W323A

FCC ID: SS3-WM3231507

IC: 11805A-WM3231507

CMIT ID: 2015DP3059

CONTROLLER = MODEL GL300B

FCC ID: SS3-GL3001501

IC: 11805A-GL3001501

CMIT ID: 2015DP2329