Joseph Pevey

1282 Glendale Place

Gulfport, Mississippi 39507

(228) 297-2403

Jomar3385@aol.com

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part11, 

Joseph Pevey, a freelance multimedia producer, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of a Small Unmanned Aircraft System (sUAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and 

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

The requested exemption would permit Joseph Pevey to pursue his commercial interests in providing services to 

clients using a small advanced sUAS in the following areas: Real Estate, Marketing, Land Management/Surveying, 

Building or Infrastructure Inspection and Special Events. Joseph Pevey states that all sUAS flights will occur over 

private or controlled access property and will do so with the property owner's consent and knowledge and that 

only people who have consented or otherwise have agreed to be within the sUAS’ radius during filming and 

photography applications.

Joseph Pevey has demonstrated the ability to safely and effectively fly the sUAS DJI Phantom 2, DJI Phantom 3

Advanced, DJI Phantom 3 Professional and DJI Inspire 1 models which will be used for all commercial and private 

purposes. Joseph Pevey complies with local ordinances and laws regarding the operation of sUAS, and adheres to 

all weather and environmental restrictions or limitations in reference to the operations of sUAS. 

All flights will occur in ordinance with any state or local laws regarding privacy.

I, Joseph Pevey, am seeking the exemption because I am committed to complying with all of the rules,

guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the manner that I 

have described, and for the purposes that I have described. Without the exemption request granted, I would be 

unable to safely and effectively run my business, and it is my intention to comply with the FAA and obtain an 

exemption of the following regulations.

The following contains my list of regulations from which I am seeking exemption, and a complete list of

responsibilities I assume as operator; it also contains information regarding the aircraft, public benefit and safety

features, and similar petitions requests granted.

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)
14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 - 91.417

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom2, DJI Phantom 3 Advanced, DJI 

Phantom 3 Professional and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The sUAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may 

use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no 

case will the sUAS be operated at airspeeds greater than the maximum sUAS operating airspeed recommended by 

the aircraft manufacturer.

4. The sUAS must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be

reported in feet AGL.

5. The sUAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be

able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued

airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC

always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic

messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform 

the duties required of the VO.

7. This exemption and all documents needed to operate the sUAS and conduct its operations in accordance with 

the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating 

documents.

The operating documents must be accessible during sUAS operations and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures

outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator or any law enforcement official upon request. The operator 
must also present updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon which the FAA 

granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s 

sUAS Integration Office (AFS−80) may be contacted if quesons arise regarding updates or revisions to the 

operating documents.

8. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics,

e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further

operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must 

remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to 

not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the sUAS to ensure that it is in a condition for safe

operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the sUAS is in a condition for

safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, 

items, or equipment. If the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a

condition for safe flight.

11. The operator must follow the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components.

12. Each sUAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or

sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC meets requirements and demonstrates the 

ability to safely operate the sUAS in a manner consistent with how the sUAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent 

with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and 

experience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how 

the sUAS will be operated under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the 

PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. sUAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not

authorized.
16. The sUAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current

FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as

denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the Administrator or any law enforcement 

official upon request.

17. The sUAS may 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 statute miles from the PIC.

18. If the sUAS loses communications or loses its GPS signal, the sUAS must return to a pre-determined location

within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is

enough available power for the sUAS to conduct the intended operation and to operate after that for at least five

minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if

it intends to conduct operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in

accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45,

Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the sUAS and any documents 

required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the sUAS 

any time the aircraft is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request.

24. The sUAS must remain clear and give way to all manned aviation operations and activities at all times.

25. The sUAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, 

and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the sUAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the sUAS, flight operations must cease immediately in a manner ensuring the safety of 

nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or 

essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled-access property with permission from the property

owner/controller or authorized representative. Permission from property owner/controller or authorized

representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational

area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained

on the NTSB Web site: www.ntsb.gov.

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of Exemption Nos. 11062,

11109, 11112, and 11213.

Public Benefit and Safety

Unmanned Aircraft System sUASs are often seen as superior to helicopters as an aerial video gathering platform 

due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety.

Joseph F Pevey is petitioning for an exemption to operate a DJI Phantom 2, Phantom 3 Professional and Inspire 1 

with a built-in stabilized HD camera and GPS safety features which limit its ability to limit the height it flies above 

ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations 

within designated Class B, C and D airspace including a no-fly zone feature.

The DJI Phantom 2, DJI Phantom 3 Advanced, DJI Phantom 3 Professional and Inspire 1 also has a fail-safe function 

that is triggered in the event communication is lost between the sUAS and the main controller transmitter. At that 

time, the sUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain 

control of flight and land manually.

Joseph Pevey is dedicated to the safe operation of sUAS by insuring proper safety protocols are implemented and 

followed, with emphasis on the safe operational parameters set forth by the manufacture of the sUAS and the 

FAA. 

Respectufully Submitted for your consideration,

Joseph Pevey

1282 Glendale Place

Gulfport, MS. 39507

Jomar3385@aol.com

228-297-2403