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John-Paul	Clark D.B.A.	UAV	Xpressions

10322	Lyndon	Meadows	Dr.

Houston,	Texas	77095

June	11th,	2015

U.S.	Department	of	Transportation

Docket	Operations,	M-30

1200	New	Jersey	Avenue,	SE,	Room	W12-140

West	Building	Ground	Floor

Washington	D.C.	20590-001

RE:	John-Paul	 Clark D.B.A.	 UAV	 Xpressions request	 for	 sUAS	 airworthiness	 exemption	 under	

Section	 333	 of	 the	 FAA	 Reform	 and	 Re-modernization	 Act	 of	 2012	 and	 Part	 II	 of	 the	 Federal	

Aviation	 Regulations	 from	 14	 C.F.R	 §§	 43.7,	 43.11,	 45.11,	 45.21,	 45.23,	 45.25,	 45.27,	 45.29,	

47.3(b)(2),	 47.31(c),	 61.101(e)(4)	and	 (5),	 61.113,	 61.315(a),	 61.23(a),	 91.9(b)(c),	 91.103(b)(2),	

91.105,	 91.109,	 91.119(b)(c),	 91.203(a)(b),	 91.215,	 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)

Dear	Sir	or	Madam:

In	advance	 of	 the	 small	 unmanned	aircraft	 system	 (sUAS)	 rule,	I,	John-Paul	 Clark D.B.A.	UAV	

Xpressions hereby	 apply	 for	 an	 exemption	 from	 the	 listed	 Federal	 Aviation	 Regulations	

pursuant	 to	Section	333	of	 the	FAA	Modernization	and	Reform	Act	of	2012	in	order	 to	 safely	

operate	a sUAS	 for	the	purpose	of	conduction	aerial	photography	and	videography	in	support	

of	real	estate,	insurance,	construction,	and	commercial	development	activities.		It	is	my	sincere	

belief	that	both	the	public	interest	as	well	as	public	safety	may	best	be	served,	as	documented	

in	the	supporting	material	herein,	by	the	granting	of	this	petition.

If	I	may	be	able	to	assist	in	any	way,	please	feel	free	to	contact	me	at	281-414-4848	or	via	email	

at	JPclark@uavXpressions.com

Sincerely,

John-Paul	Clark
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Contents

SUMMARY ................................................................................................................................................... 3

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER................................................................................. 3

AIRCRAFT	OVERVIEW:	DJI	Inspire	1	and	DJI	Phantom	3 .............................................................................. 3

BASIS	FOR	PETITION .................................................................................................................................... 4

Name	And	Address	Of	The	Petitioner...................................................................................................... 5

SECTIONS	OF	14	C.F.R.	FROM	WHICH	John-Paul	Clark SEEKS	EXEMPTION ................................................. 5

SPECIAL	EXEMPTION	REQUESTS .................................................................................................................. 6

Section		43.7 ............................................................................................................................................ 6

Section		43.11 .......................................................................................................................................... 6

Section		45.11 .......................................................................................................................................... 6

Section		45.21 .......................................................................................................................................... 6

Section	45.23 ........................................................................................................................................... 7

Section	45.25 ........................................................................................................................................... 7

Section	45.27 ........................................................................................................................................... 7

Section	45.29 ........................................................................................................................................... 7

Section	47.3(b)(2) .................................................................................................................................... 7

Section	47.31(c)....................................................................................................................................... 7

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

Section	61.23(a)....................................................................................................................................... 8

Section	61.315(a)..................................................................................................................................... 8

Section	91.7(a)......................................................................................................................................... 9

Section	91.121 ......................................................................................................................................... 9

Section	91.151(b)..................................................................................................................................... 9

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

THE	GREATER	PUBLIC	INTEREST ................................................................................................................ 10

PRIVACY ..................................................................................................................................................... 10

SAFETY ....................................................................................................................................................... 11

The	DJI	UAS	Aircraft	Specifications	&	Characteristics............................................................................ 11

Specific	Operating	Limitations............................................................................................................... 11

CONCLUSION ............................................................................................................................................. 14
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SUMMARY

John-Paul	 Clark D.B.A.	UAV	 Xpressions (hereafter	John-Paul	 Clark)	seeks	 exemption	 from	 the	

requirements	of	 14	 C.F.R	 §§	 43.7,	 43.11,	 45.11,	 45.21,	 45.23,	 45.25,	 45.27,	 45.29,	 47.3(b)(2),	

47.31(c),	 61.101(e)(4)	 and	 (5),	 61.113,	 61.315(a),	 61.23(a),	 91.9(b)(c),	 91.103(b)(2),	 91.105,	

91.109,	 91.119(b)(c),	 91.203(a)(b),	 91.215,	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	an	Unmanned	Aircraft	System	pursuant	to	

Section	 333	 of	 the	 FAA Modernization	 and	 Reform	 Act	 of	 2012	 (FMRA).	 This	 exemption	 will	

permit	 John-Paul	 Clark to	 operate	 an	 Unmanned	 Aircraft	 System	 (UAS)	 for	 the	 commercial	

purpose	of	conducting	aerial	photography	and	videography	in	support	of	real	estate,	insurance,	

construction,	and	commercial	development	activities.

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER

John-Paul	Clark has	had	experience	in	both	amateur	and	professional	photography	since	1984,	

has	had	experience	supporting	the	real	estate	industry	in	marketing	homes	through	web-based	

media	since	1996	and	has	logged	several	hundred	hours	as	a	UAV hobbyist.		The	objective	of	

John-Paul	 Clark and	 his	 aerial	 operations	 is	 to	 provide	 high	 quality	 imaging	 for	 a	 variety	 of	

commercial,	public,	and	residential	uses,	specifically	targeting:

§ Real	estate	marketing

§ Insurance	appraisals

§ Building	&	construction	inspections

§ Marketing

§ Construction	sites	before	and	after

§ Appraisals

§ Motion	Picture	Filming

§ Aerial	acquisitions	for	inspections	of	public	and	private	structures.

§ Building	Inspection	operations

AIRCRAFT	OVERVIEW:	DJI	Inspire	1	and	DJI	Phantom	3

John-Paul	Clark seeks	an	exemption	to	operate	DJI	Inspire	1	and	DJI	Phantom	3	UAS	systems	for	

compensation	or	hire	within	the	NAS.	The	DJI	Inspire	1	and	Phantom	3	are	vertical	takeoff	and	

landing	(VTOL)	Unmanned	Aircraft	(UA)	with	a	Ground	Control	Station	(GCS)	utilizing	electronic	

tablet	or	smart	phone	systems.

The	DJI	Inspire	1	has	a	maximum	gross	weight	of	approximately	7	pounds,	with	a	length	of	17	

inches	 and	 a	 width	 of	 18	 inches	 and	 a	 height	 of	 10	 inches	 and	 a	 maximum	 speed	 of	

approximately	30	knots.

DJI	Phantom	3	has	a	maximum	gross	weight	of	6	pounds	7.5	ounces,	a	length	of	17.3	inches,	

width	of	17.7	inches,	height	of	11.8	inches,	and	a maximum	speed	of	approximately	30	knots.	
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The	DJI	Inspire	1	and	Phantom	3	are	equipped	with	four	main	rotors;	driven	by	Lithium	Polymer	

battery	powered	electric	motors.

BASIS	FOR	PETITION

Petitioner,	John-Paul	Clark,	pursuant	 to	 the	provisions	of	 the	Federal	Aviation	Regulations	 (14	

C.F.R.	§	11.61)	and	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	Section	333,	Special	

Rules	 for	 Certain	 Unmanned	 Aircraft	 Systems,	 hereby	 petitions	 the	 Administrator	 to	

commercially	 operate	 the	DJI	UAS	 Aircraft	 in	 the	National	 Airspace	 System	(NAS),	 and	 for	 an	

exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§	 61.101(e)(4)	 and	 (5),	 61.315(a),	 61.23(a),	

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).

In	 consideration	 of	 the	 speed,	 weight,	 size,	 and	 limited	 operating	 area	 associated	 with	 the	

unmanned	aircraft	and	its	operation,	John-Paul	Clark’s DJI	UAS	Aircraft	meets	the	conditions	of	

FMRA	 Section	 333	 and	 therefore,	 will	 not	 require	 an	 airworthiness	 certificate	 in	 accordance	

with	14	C.F.R.	Part	21,	Subpart	H.

Accordingly,	John-Paul	Clark requests	relief	from	Sections 91.405(a),	91.407(a)(1), 91.409(a)(1)	

&	 (a)(2),	 and	 91.417(a)	&	 (b),	 as	 these	 sections	 set	 forth	 requirements	 for	maintenance	 that	

only	apply	to aircraft	with	an	airworthiness	certificate.

John-Paul	Clark submits	 that	 the	 requested	 relief	is	proper	 since	an	equivalent	level	of	safety	

will	 be	 ensured.	 John-Paul	 Clark will	 use	 experienced	 personnel	 or	 technicians	 to	 perform	

maintenance,	 alterations,	 or	 preventive	 maintenance	 on	 the	 UASs	 using	 the	 methods,	

techniques,	and	practices	prescribed	in	the	operating	documents.

Additionally,	John-Paul	 Clark requests	 relief	 from	the	 requirements	 of	 Sections	 45.11,	 45.21,	

45.23,	45.25,	45.27,	45.29,	47.3(b)(2),		and	47.31(c)	since	the	FAA	currently	has	no	registration	

procedure	for	sUASs;	and	should	such	a	procedure	exist,	the	small	size	and	flight	characteristics	

of	the	UAS	prohibit	the	placement	of	placards	and	markings	per	the	specified	dimensions.

Relief	 from	 certain	 requirements	 of	 Section	 61.101(e)(4)	 and	 (5)	 entitled	 Recreational	 pilot

privileges	and	limitations:	Pilot	in	command,	and	from	Section	61.315(a)	entitled	What	are	the	

privileges	 and	 limits	 of	 my	 sport	 pilot	 certificate,	 and	 from	 Section	 61.23(a)	 entitled	 Medical	

certificates:	Requirements	and	duration,	is	requested	by	John-Paul	Clark to	the	extent	necessary	

to	allow	a	Pilot	in	Command	 (PIC)	holding	a	sport	pilot	or	higher	level	certificate,	as	well	as	a	

valid	 driver’s	 license,	 and	 who	 has	 demonstrated,	 by	 meeting	 minimum	 flight-hour	 and	

currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	UAS	Aircraft	in	a	manner	

consistent	with	 this	exemption,	including	evasive	and	emergency	maneuvers	and	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.

John-Paul	Clark seeks	 relief	 from	Section	 91.7(a),	entitled	Civil	 aircraft	 airworthiness,	because	

the	DJI	UAS	Aircraft	do	not	require	an	airworthiness certificate	in	accordance	with	14	C.F.R.	Part	

21,	Subpart	H.	As	such,	John-Paul	Clark submits	that	he	will	ensure	the	DJI UAS	Aircraft	are	in	an	
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airworthy	condition,	prior	to	every	flight,	by	determining	that	the UASs	are	in	compliance	with	

the	operating	documents and	that	the	aircraft	are	in	a	condition	for	safe	flight.

John-Paul	 Clark also	 seeks	 an	 exemption	 from	 the	 requirements	 of	 Section	 91.121,	 entitled	

Altimeter	 Settings,	 DJI	 UAS	 aircraft	 will	 not	 have	 a	 typical	 barometric	 altimeter	 onboard.	

However,	 altitude	 information	 of	 the	 DJI	 UAS	 Aircraft	 will	 be	 provided	 to	 the	 PIC	 via	 Global	

Positioning	 System	 (GPS)	 equipment	 and	 radio	 communications	 telemetry	 data	 link,	 which	

downlinks	 from	 the	 UA	 to	 the	 GCS	 for	 active	 monitoring	 of	 the	 flight	 path.	 This	 altitude	

information,	combined	with	John-Paul	Clark operation	of	the	DJI	UAS	Aircraft	within	visual	line	

of	sight,	at	or	below	400	feet	AGL,	will	ensure	a	level	of	safety	equivalent	to	Section	91.121.

Additionally,	John-Paul	Clark seeks	an	exemption	 from	 the	requirements	of	Section	91.151(b),	

entitled	Fuel	requirements	 for	 flight	in	VFR	conditions. John-Paul	Clark submits	that	safety	will	

not	 be	 affected	 by	 operation	 of	 the	 DJI	 UAS	 Aircraft	 during	 daylight	 hours	 in	 visual	

meteorological	conditions	(VMC)	under	visual	flight	rules	(VFR),	with	enough	battery	power	to	

fly	for	a	total	duration	of	approximately	15	minutes	to	the	first	point	of	intended	landing	and,	

assuming	normal	cruising	speed,	to	fly	after	that	for	at	least	5 minutes.

In	 accordance	 with	 14	 C.F.R.	 §	 11.81,	 John-Paul	 Clark provides	 the	 following	 information	 in	

support of	its	petition	for	exemption:

Name And	Address	Of	The	Petitioner.

The	name	and	address	of	the	Petitioner	and	point	of	contact	is:

John-Paul	Clark D.B.A.	UAV	Xpressions

10322	Lyndon	Meadows	Dr.

Houston,	Texas	77095

281-414-4848

JPclark@UAVxpressions.com

SECTIONS	OF	14	C.F.R.	FROM	WHICH JOHN-PAUL	CLARK SEEKS	EXEMPTION

§ Section		43.7

§ Section		43.11

§ Section		45.11

§ Section		45.21

§ Section	45.23

§ Section	45.25

§ Section	45.27

§ Section	45.29

§ Section	47.3(b)(2)

§ Section	47.31(c)
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§ Section	61.101(e)(4)	and	(5)

§ Section	61.113(a)	And	(b)

§ Section	61.23(a)

§ Section	61.315(a)

§ Section	91.7(a)

§ Section	91.121

§ Section	91.151(b)

§ Section	91.405(a)

§ Section	91.407(a)(1)

§ Sections	91.409(a)(1)	and	91.409(a)(2).

§ Sections	91.417(a)	and	91.417(b).

SPECIAL	EXEMPTION	REQUESTS

Section		43.7

Relief	 from	 section	43.7 is	 requested.	 Given	 the	 sUAS	 construction	 characteristics,	all	

inspections	will	be	done	as	 recommended	by	 the	manufacturer.	All	 repairs	other	 than	

simple	propeller	changes	will	be	done	by	 the	manufacturer	or	one	of	 their	authorized	

repair	 centers.	 Maintenance	 will	 be	 performed as	 outlined in	 the	 manufacturer’s	

maintenance	guidelines.	All	maintenance	and	repairs will	meet	the	requirements	for	the	

equivalent	 level	 of	 safety	 pursuant	 to	 section	 33	 given	 the	 intended	 use	 and	 remote	

location	of	the	sUAS.

Section		43.11

Relief	 from	 section	 43.11 is	 requested.	 Currently	 the	 FAA	 has	 not	 certified	 any	

inspections	 for	 sUASs.	 	 Furthermore,	 due	 to	the	 size	 of	 the	 sUAS,	 no	 room	 exists for	

maintenance	placards.	Maintenance	records	will	be	kept	on	file	by	John-Paul	Clark.

Section		45.11

Relief	from	section	45.11 entitled	Marking	of	products is	requested.	Due	to	its	small	size	

and	 flight	 characteristics,	 fireproof	 placards	 would	 cause	 a	 potential	 hazard	 to	 the	

aircraft	with	the	additional	weight	or	location.

Section		45.21

Relief	 from	 section	CFR	 45.21 entitled	General is	 requested.	The	FAA	 currently	 has	 no	

registration	 procedures	 for	 sUASs	 however	 if	 a	 registration	 number	 can	 be	 assigned,	

placement	on	the	aircraft	will	be	done	in	the	most	practical	and	visible	means	available.
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Section	45.23

Relief	from	section	45.23 entitled	Display	of	marks is	requested.	Due	to	the	small	size	of	

the	sUAS, full	size	aircraft	marks	are	not	feasible.	If	a	designation is	assigned	by	the	FAA,	

John-Paul	 Clark will	 place	 assigned	 designation	 marks	 on	 the	 aircraft	 in	 the	 most	

practical	and	visible	manner	available.

Section	45.25

Relief	from	section 45.25 entitled	Location	of	marks	on	fixed	wing	aircraft is	requested.	

The	 sUAS	 is	 a	 multi-rotor	 aircraft	 and	 does	 not	 possess	 fix	 wings	 and	 as	 such	 14	 CFR	

45.25	is	inapplicable.

Section	45.27

Relief	 from	 section	 45.27 entitled	 Location	 of	 marks	 on	 non-fixed	 wing	 aircraft	 is	

requested.	Due	to	the	sUASs	small	size	it	has	no	cabin,	fuselage,	boom,	or	tail.

Section	45.29

Relief	from	section	45.29 entitled	Size	of	Marks is	requested.		Due	to	size	constraints	of	

the	aircraft, this	requirement	cannot	be	met.	

Section	47.3(b)(2)

Relief	from	section	47.3(b)(2) entitled	Registration is	requested	since	the	FAA	currently	

has	no	procedures	for	registration	of	a sUAS.

Section	47.31(c)

Relief	 from	 section	 47.31(c)	 entitled	Application is	 requested since	 compliance	 for	 14	

CFR	 47.31(c)	 is	 not	 possible	 since	 the	 FAA	 does	 not	 yet	 have	 procedures	 to	 register	

sUAS.

Section	61.113(a)	And	(b)

Relief	 from	 Section	 61.113(a)	 and	 (b)	 entitled	 Private	 pilot	 privileges	 and	 limitations:

Pilot	in	 command,	is	 requested	 to	 the	extent	 necessary	 to	allow	a	 PIC	 holding	a	sport

pilot	or	higher	level	certificate,	as	well	as	a	current	and	valid	airman	medical	certificate

or	 a	 valid	 Texas	 drivers	 license,	 and	 who	 has	 met	 certain	 flight-hour	 and	 currency	

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

This	relief	is	requested	since	the	limitations	set	forth	in	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.
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As	set	forth	more	fully	below,	John-Paul	Clark submits	that	an	equivalent	level	of	safety	

will	 be	maintained	 because	 no	 PIC	 will	 be	 allowed	 to	 operate	 the	 DJI	 Inspire	 1 or	 DJI	

Phantom	3	UAS	unless	that	PIC	has	met	certain	flight-hour	and	currency	requirements,	

demonstrating that	 the	 PIC	 is	 able	 to	 safely	 operate	 either	 the	 DJI	 Inspire	 1 or	 DJI	

Phantom	3	UAS	in	a	manner	consistent	with	the	operations	specifications	as	described	

in	 this	exemption,	including	evasive	and	emergency	maneuvers,	as	well	as	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.

Further,	John-Paul	Clark submits	that	all	flights	of DJI	UAS	aircraft,	conducted	by	the	PIC	

pursuant	to	the	grant	of	this	Petition:	(1)	will be	incidental	to	John-Paul	Clark business;	

and	(2)	will	not	carry	passengers	or	property	for	compensation	or	hire.

Section	61.23(a)

Relief	 from	 Section	 61.23(a),	 entitled	 Operations requiring	 a	 medical	 certificate:	

Requirements	and	duration,	is	requested	to	the	extent	required	to	necessary	to	allow	a	

PIC	holding	a	 sport	pilot	certificate	or	higher	level	certificate,	as	well	as	a	current	and	

valid	driver’s	license,	 to	conduct	 the	proposed	UAS	 flight	operations	 for	compensation	

or	hire.

This	 relief	 is	 requested	 since	 the	 limitations	 set	 forth	 in	 Section	 61.23(a)	 otherwise	

require	 the	 PIC	 of	 any	 flight	 for	 compensation	 or	 hire	 to	 hold	 a	 comprehensive	 FAA	

issued	medical	certificate.

Section	61.315(a)

Relief	from	Section	61.315(a)	entitled	What	are	the	privileges	and	limits	of	my	sport	pilot	

certificate,	is	 requested	 to	 the	extent	necessary	 to	allow	a	PIC	holding	a	 sport	pilot	or	

higher	level	certificate	to	conduct	the	proposed	UAS	flight	operations	for	compensation	

or	hire.

This	relief	is	requested	since	the	limitations	set	forth	in	Section	61.315(a)	restrict	a	sport	

pilot	from	acting	as	the	PIC	of	any	flight	for	compensation	or	hire,	or	for	the	furtherance	

of	any	business.

Additionally,	 similar	 to	 the	 private	 and	 commercial	 pilot	 certificates,	 holders	 of	

recreational	 and	 sport	 pilot	 certificates	 are	 subject	 to	 security	 screening	 by	 the	

Department	of	Homeland	Security	(DHS).

Therefore,	 because	 they	 must	 demonstrate	 aeronautical knowledge	 relevant	 to	 UAS

operations	and	are	subject	to	DHS	screening,	factors	that	were	considered	by	the	FAA	in	

allowing private	pilot	operations	under	previous	exemptions,	 the	FAA	now	determines	

that	 holders	 of recreational	 and	 sport	 pilot	 certificates may	 serve	 as	 the	 PIC	 for	 UAS	

operations.
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Section	91.7(a)

Relief	 from	 Section	 91.7(a)	 entitled	 Civil	 aircraft	 airworthiness,	 is	 requested	 to	 the	

extent	 required	 to	allow	John-Paul	 Clark to	 determine	 that	 the	DJI	UAS	Aircraft	are	in	

airworthy	condition	prior	to	every	flight by	ensuring	that	the	UAS	is	in	compliance	with	

the	 operating	 documents	 (i.e.,	 the	 Monthly	 Maintenance	 Log,	 and	 DJI	 UAS	 Aircraft	

instruction manuals).

John-Paul	Clark seeks	 the	 requested	 relief	because	 the	DJI	UAS	Aircraft	do	not require	

an	airworthiness	certificate	in	accordance	with	14	C.F.R.	Part	21,	Subpart	H. Therefore,	

John-Paul	 Clark will	 ensure	 that	 the	 DJI	UAS	 Aircraft	 are	 in	 airworthy condition	 based	

upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly Maintenance	Log,	and	

DJI	UAS	Aircraft	instruction	manuals)	prior	 to	every	 flight,	and further,	determine	 that	

the	 aircraft	 are	 in	 condition	 for	 safe	 flight,	 as	 stated	 in	 the conditions	 and	 limitations	

below.

Section	91.121

Relief	 from	Section	91.121,	entitled	Altimeter	 settings,	may	be	 required	 to	allow	flight	

operations	 of	 the	 DJI	 UAS	 Aircraft,	 which	 utilize	 a	 barometric	 pressure	 sensor, GPS	

equipment,	 and	 a	 radio	 communications	 telemetry	 data	 link	 to	 downlink altitude	

information	 from	 the	UA	 to	 the	PIC	at	 the	ground	control	station	 (GCS). Since	 the	FAA	

requires	 that	 any	 altitude	 information	 concerning	 UAS	 operations	 be reported	 to	 air	

traffic	 control	 (ATC)	 in	 feet	 above	 ground	 level	 (AGL),	 John-Paul	 Clark seeks	 the	

requested	relief	because	the	DJI	UAS	Aircraft	altimeter	may	be	set on	the	ground	to	zero	

feet	AGL,	rather	than	the	local	barometric	pressure	or	field altitude,	before	each	flight.

Considering	the	limited	altitude	of	the	proposed	operations,	relief	from	91.121	is	sought	

to	the	extent	necessary	to	comply	with the	applicable	conditions and	limitations	stated	

below.	As	more	 fully	 set	 forth	 herein,	an	equivalent	level	 of safety	will	 be	maintained	

since	 the	 DJI	 UAS	 Aircraft	 are	 equipped	 with	 a	 barometric pressure	 sensor	 and	 GPS	

equipment,	 which	 automatically	 ensures	 that	 a	 ground level	 pressure	 setting	 will	 be	

established	prior	to	each	flight,	and	provides	the	PIC with	altitude	information	of	the	UA	

on	the	heads-up	display	of	the	GCS.

Section	91.151(b)

Relief	 from	Section	91.151(b)	entitled	Fuel	 requirements	 for	 flight	in	VFR	conditions, is	

requested	to	the	extent	required	to	allow	flights	of	the	battery	powered	DJI	UAS Aircraft	

during	daylight	hours	in	visual	meteorological	conditions	(VMC),	under visual	flight	rules	

(VFR),	 for	 a	 total	 duration	 of	 15	 minutes	 to	 the	 first	 point	 of intended	 landing	 and,	

assuming	normal	cruising	speed,	to	fly	after	that	for	at	least	5 minutes.	John-Paul	Clark

seeks	 the	 requested	 relief	 because	without	an exemption	 from	 Section	 91.151(b),	 the	

flight	time	duration	of	the	battery	powered DJI	UAS	Aircraft	will	severely	constrain	the	

practicality	 of	 any	 aerial	 video	 or	 still photo	 flight	 operations	 that	 John-Paul	 Clark

proposes	to	conduct	pursuant	to this	Petition.
10

Significantly,	 as	 set	 forth	 below,	 the	 technical	 specifications	 of	 the	 DJI	 UAS	 Aircraft

operating	documents,	and	John-Paul	Clark proposed	operating	limitations, ensure	 that	

John-Paul	Clark will	safely	operate	the	battery	powered	DJI	UAS Aircraft	during	daylight	

hours	 in	 visual	 meteorological	 conditions	 (VMC),	 under visual	 flight	rules	 (VFR),	 with	

enough	 battery	 power	 to	 fly	 for	 a	 total	 duration	 of	 15 minutes	 to	 the	 first	 point	 of	

intended	 landing	 and,	 assuming	 normal	 cruising	 speed, to	 fly	 after	 that	 for	 at	 least	 5	

minutes.

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

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

apply	 to	aircraft	with	an	airworthiness	 certificate,	John-Paul	 Clark requests relief	 from	

these Sections	because	the	DJI	UAS	Aircraft	do	not	require airworthiness	certificates.	As

set	forth	more	fully	below,	DJI	UAS	Aircraft	meet	the	conditions	of	FMRA	Section 333	for	

operation	without	an	airworthiness	certificate.

Accordingly,	 John-Paul	 Clark will	 use	 trained	 technicians	 to	 perform maintenance,	

alterations,	or	preventive	maintenance	on	the	UASs	using	the methods,	techniques,	and	

practices	 prescribed	 in	 the	 UAS	 operating	 documents (i.e.,	 the	 Monthly	 Maintenance	

Log	 and	 DJI	 UAS	 Aircraft	 Instruction	 Manual). Furthermore,	 John-Paul	 Clark will	

document	and	maintain	all	maintenance	records	for	the	DJI	UAS	Aircraft.

THE	GREATER	PUBLIC	INTEREST

Granting	 the	 present	 Petition	 will	 further	 the	 public	 interest	 by	 allowing	 John-Paul	 Clark to	

safely,	efficiently,	and	economically	perform	aerial	photography	and	videography	of	real	estate,	

construction	sites,	and	landscape	over	certain	areas	of	the	United States.

Additionally,	use	of	the	DJI	UAS	Aircraft	will	decrease	congestion	of	the	NAS,	reduce pollution,	

and	 provide	 significant	 benefits	 to	 the	 economy.	 Notably,	 the	 benefits	 of John-Paul	 Clark

proposed	 operation	 of	 the	 DJI	 UAS	 Aircraft	 will	 be	 realized without	 implicating	 any	 privacy	

issues.

PRIVACY

Similar	 to	 the	 manned	 aerial	 acquisition	 flight	 operations	 that	 have	 been	 conducted for	

decades,	 John-Paul	 Clark proposed	 operation	 of	 the	 DJI	 UAS	 Aircraft	 will	 not implicate	 any	

privacy	 issues.	 Specifically,	 the	 DJI	 UAS	 Aircraft	 will	 be	 operated	 only in	 compliance	 with	

operating	documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	UAS	Aircraft	Instruction Manual)	

which	requires	property	owner	involvement	as	well	as	local	law enforcement	notification,	and	

in	 accordance	 with	 the	 Federal	 Aviation	 Regulations, including	 the	 minimum	 altitude	

requirements	of	14	C.F.R.	§	91.119.
11

SAFETY

In	seeking	this	exemption,	John-Paul	Clark submits	that	the	DJI	UAS	Aircraft	can operate	safely	

in	the	NAS	pursuant	to	FMRA	Section	333,	as	demonstrated	by:	

a) the	characteristics	of	the	DJI	UAS	aircraft;	

b) the	pilot	certification	requirement; and	

c) the	specific	operating	limitations.

The	DJI	UAS	Aircraft	Specifications &	Characteristics

The	DJI	UAS	Aircraft	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public,	or otherwise	pose	

a	threat	to	national	security	considering	its	size,	weight,	speed,	and operational	capability.

§ The	technical	specifications	of	the	DJI	UAS	Aircraft	are	set	forth	by	the	DJI	UAS aircraft	

User	Manuals,	attached	hereto	as	Appendix	A	and	B.

§ The	 DJI	 UAS	 Aircraft	 Autonomous	 Flight	 and	 Navigation	 Modes	 Enable	 The	 UASs	 to

Remain	Within	a	Defined	Operational	Area.

§ The	 DJI	 UAS	 Aircraft	 may	 be	 operated	 in	 both	 manual	 and	 fully	 autonomous	 flight	

modes.	 A	 complete	 description	 of	 the	 flight	 and	 navigational	 modes	 of	 the	 DJI	 UAS

Aircraft	provided	in	the	User	Manuals,	attached	hereto	as	Appendix	A	and	B.

§ The	DJI	UAS	Aircraft	Are	Designed	for	Automatic	Return	to	Home	Point	or	Hover	in The	

Event	of	Loss	of	the	Control	Link	or	Navigation.

§ When	the	Control	Link	is	lost,	the	DJI	UAS	Aircraft	will	remain	stationary,	in	flight, for	3	

seconds	or	more.	If,	after	3	seconds,	 the	DJI UAS	Aircraft	do	not	reacquire control	link	

data	 from	 the	GCS,	 the	UAs	will	assume	 that	 the	 Control	 Link	 is	 lost	and the	UAs	will	

return	to	the	home	position	(i.e.,	failsafe	mode)	via	GPS,	and	will descend	to	the	takeoff	

position	and	shutdown.

§ A	complete	description	of	the	Failsafe	Functions	of	the	DJI	UAS	aircraft	are described	in	

the	User	Manuals,	attached	hereto	as	Appendix	A	and	B.

Specific	Operating Limitations

In	 seeking	 this	exemption,	John-Paul	Clark proposes	 to	commercially	operate	DJI UAS	Aircraft	

for	the	special	purpose	of	conducting	aerial	photography	and	videography	over	certain	areas	of	

United	States,	pursuant	to	the	following	specific	operating limitations:

1. UAS	 operations	 under	 this	exemption	will	 be	 limited	 to	 conducting	 operations for	 the	

purpose of	aerial	photography and	videography.

2. The	UA may	not	be	flown	at	an	indicated	airspeed	exceeding	45	knots.

3. The	UA	must	be	operated	at	an	altitude	of	no	more	 than	400	 feet	above	ground level	

(AGL),	 as	 indicated	 by	 the	 procedures	 specified	 in	 the	 operating	 documents unless	 a	
12

special	request	is	made	and	approved	by	ATC.	All	altitudes	reported	to ATC	must	be	in	

feet	AGL.

4. The	UAs	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.

5. As a	safety	observer	(SO)	may	be	used	to	satisfy the	VLOS	requirement	as	long	as	the	PIC	

always	maintains	VLOS	capability.	The SO	and	PIC	must	be	able	to	communicate	verbally	

at	all	times.	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	SO	can	perform	

the functions	prescribed	in	the	operating	documents.

6. The	 SO	 must	 not	 perform	 any	 other	 duties	 beyond	 assisting	 the	 PIC	 with	 seeing and	

avoiding	 other	 air	 traffic	 and	 other	 ground	 based	 obstacles/obstructions and	 is	 not	

permitted	to	operate	the	camera	or	other	instruments.	

7. The	 operating	 documents	 and	 the	 grant	 of	 exemption	must	 be	 accessible	 during UAS	

operations	 and	 made	 available	 to	 the	 Administrator	 upon	 request.	 If	 a discrepancy	

exists	between	the	conditions	and	limitations	contained	in	the grant	of	exemption	and	

the	 procedures	 outlined	 in	 the	 operating	 documents, the	 conditions	 and	 limitations	

contained	in	the	grant	of	exemption	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 upon	 request.	 The	 operator	 must	 also	 present	 updated	 and	 revised	

documents if	it	petitions	for	extension	or	amendment	to	the	grant	of	exemption.	If	the

operator	determines	that	any	update	or	revision	would	affect	the	basis	upon which	the	

FAA	granted	the	exemption,	then	the	operator	must	petition	for amendment	to	its	grant	

of	exemption.	

8. Prior	 to	each	 flight the	PIC	must	inspect	 the	UAS	 to	ensure	 that	it	is	in	a condition	 for	

safe	 flight.	 If	 the	 inspection	 reveals	 a	 condition	 that	 affects	 the safe	 operation	 of	 the	

UAS,	the	aircraft	is	prohibited	from	operating	until	the necessary	maintenance	has	been	

performed	and	the	UAS	is	found	to	be	in	a condition	for	safe	flight.	The	Ground	Control	

Station	 must	 be	 included	 in	 the preflight	 inspection.	 All	 maintenance	 and	 alterations	

must	be	properly documented	in	the	aircraft	records.

9. Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS operation	

or	flight	characteristics,	e.g.	replacement	of	a	flight	critical component,	must	undergo	a	

functional	test	flight.	The	PIC	who	conducts	the functional	test	flight	must	make	an	entry	

in	the	aircraft	records.

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

components,	items,	or	equipment,	not	already	covered	in	 the relevant	 sections	of	 the	

operating	documents.

11. The	 operator	 must	 follow	 the	 UAS	 manufacturer’s	 aircraft/component, maintenance,	

overhaul,	replacement,	inspection,	and	life	limit	requirements.

12. The	 operator	 must	 carry	 out	 its	 maintenance,	 inspections,	 and	 record	 keeping

requirements,	 in	 accordance	 with	 the	 operating	 documents.	Maintenance, inspection,	

alterations,	and	status	of	replacement/overhaul	component	parts must	be	noted	in	the	
13

aircraft	 records,	including	 total	 time	in	 service,	 description of	work	accomplished,	and	

the	signature	of	the	authorized	person	returning	the UAS	to	service.

13. Each	 UASs	 operated	 under	 this	 exemption	 must	 comply	 with	 all	 manufacturer Safety	

Bulletins.

14. The	authorized	person	must	make	an	entry	in	the	aircraft	record	of	the corrective	action	

taken	 against	 discrepancies	 discovered	 between	 inspections. The	 operator	 may	 not	

permit	any	PIC	to	operate	unless	the	PIC	meets	the operator’s	qualification	criteria	and	

demonstrates	the	ability	to	safely	operate the	UAS	in	a	manner	consistent	with	how	the	

UAS	will	be	operated	under	the exemption,	including	evasive	and	emergency	maneuvers	

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

PIC qualification	 flight	 hours	 must	 be	 logged	 in	 a	 manner	 consistent	 with	 14	 C.F.R.	 §

61.51(b).	Flights	for	the	purposes	of	training	the	operator’s	PICs	are	permitted under	the	

terms	 of	the	 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	C.F.R.	§	91.119.

15. UAS	operations	may	not	be	conducted	during	night,	as	defined	in	14	C.F.R.

16. §	1.1.	All	operations	must	be	conducted	under	visual	meteorological	conditions (VMC).	If	

flight	 at	 night	 is	 required,	 a	 special	 request	 will	 be	 made	 at	 the	 FAA office	 closest	 to	

proposed	 area	 of	 operations.	 Flights	 under	 special	 visual	 flight rules	 (SVFR)	 are	 not	

authorized.

17. The	 UAV	 may	 not	 operate	 within	 5	 nautical	 miles	 of	 an	 airport	 reference	 point	 as	

denoted	 on	 a	 current	 FAA-published	 aeronautical	 chart	 unless	 a	 letter	 of agreement	

with	 that	 airport’s	 management	 is	 obtained,	 and	 the	 operation	 is conducted	 in	

accordance	with	a	NOTAM	as	required	by	the	operator’s	COA.	The letter of	agreement	

with	 the	 airport	 management	 must	 be	 made	 available	 to the	 Administrator	 upon	

request.

18. The	 UAV	 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.

19. If	 the	 UAV	 loses	 communications	 or	 loses	 its	 GPS	 signal,	 it	 must	 return	 to	 a	 predetermined	 location	 within	 the	 planned	 operating	 area	 and	 land	 or	 be recovered	 in	

accordance	with	the	operating	documents.

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

accordance	with	the	operating	documents.

21. The	 PIC	 is	 prohibited	 from	 beginning	 a	 flight	 unless	 (considering	 wind	 and forecast	

weather	 conditions)	 there	 is	 enough	 power	 to	 fly	 at	 normal	 cruising speed	 to	 the	

intended	landing	point	and	land	the	UAV	with	20%	battery	power remaining.

22. Before	 conducting	 operations,	 the	 radio	 frequency	 spectrum	 used	 for	 operation and	

control	of	the	UAV	must	comply	with	the	Federal	Communications Commission	(FCC)	or	

other	appropriate	government	oversight	agency requirements.

23. The	documents	required	fewer	than	14	C.F.R.	91.9	and	91.203	must	be	available to	the	

PIC	 at	 the	 Ground	 Control	 Station	 of	 the	 UAS	 any	 time	 the	 UAS	 is operating.	 These	
14

documents	must	be	made	available	to	the	Administrator or any	law	enforcement	official	

upon	request.

24. The	UAV	must	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation operations	

and	activities	at	all	times.

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

26. Flight	operations	must	be	conducted	at	least	500	feet	from	all	nonparticipating persons	

(persons	 other	 than	 the	 PIC,	 SO,	 operator	 trainees	 or	 essential	 persons), vessels,	

vehicles,	and	structures	unless:

27. Barriers	or	structures	are	present	that	sufficiently	protect	nonparticipating persons	from	

the	 UAV	 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	UA,	flight	

operations	 must	 cease	 immediately	 and/or; 32.	 The	 aircraft	 is	 operated	 near	 vessels,	

vehicles	or	structures	where	the owner/controller	of	such	vessels,	vehicles	or	structures	

has	 granted	 permission 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,	and;

28. Operations	nearer	to	the	PIC,	SO,	operator	trainees	or	essential	persons	do	not present	

an	undue	hazard	to	those	persons	per	§	91.119(a).

29. All	 operations	 shall	 be	 conducted	 over	 private	 or	 controlled-access	 property with	

permission	 from	 the	 land	 owner/controller	 or	 authorized	 representative. Permission	

from	land	owner/controller	or	authorized	representative	will	be obtained	for	each	flight

to	be	conducted.

30. 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.

31. Accidents	 must	 be	 reported	 to	 the	 National	 Transportation	 Safety	 Board	 (NTSB) per	

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

CONCLUSION

As	 set	 forth	 herein,	 John-Paul	 Clark seeks	 an	 exemption	 pursuant	 to	 14	 C.F.R.	 § 11.61	 and	

Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA), which	will	permit	safe	

operation	 of	 the	 DJI	 UAS	 Aircraft	 commercially,	 without	 an airworthiness	 certificate,	 for	 the	

limited	 purpose	 of	 conducting	aerial	video	and photography	 over	 certain	areas	 of	 the	United	

States.	 By	 granting	 this	 Petition,	 the FAA	 Administrator	 will	 be	 fulfilling	 the	 Congressional	

mandate	of	the	FAA Modernization	and	Reform	Act	of	2012,	while	also	advancing	the	interests	

of	the public,	by	allowing	John-Paul	Clark to	safely,	efficiently,	and	economically operate	the	DJI	

UAS	Aircraft	commercially	within	the	NAS.

WHEREFORE,	in	accordance	with	the	Federal	Aviation	Regulations	and	the	FAA Modernization	

and	 Reform	 Act	 of	 2012,	 Section	 333,	 John-Paul	 Clark respectfully requests	 that	 the	

Administrator	grant	this	Petition	for	an	exemption	from	the requirements	of	14	C.F.R	Sections	

43.7,	43.11,	45.11,	45.21,	45.23,	45.25,	45.27,	45.29,	47.3(b)(2),	47.31(c),	61.101(e)(4)	and	(5),	
15

61.113,	61.315(a),	61.23(a),	91.9(b)(c),	91.103(b)(2),	91.105,	91.109,	91.119(b)(c),	91.203(a)(b),	

91.215,	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) and	permit John-Paul	Clark to	operate	the	DJI	UAS	Aircraft	commercially	for	the	purpose	

of conducting	aerial	photography	and	videography	over	certain	areas	of	the	United	States.

Dated:	June	11th,	2015

Respectfully,

John-Paul	Clark D.B.A.	UAV	Xpressions

10322	Lyndon	Meadows	Dr.

Houston,	Texas	77095

281-414-4848

JPclark@uavXpressions.com

APPENDIX	A - Inspire	1	User	Manual	(EN)	v1.2

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

APPENDIX	B - Phantom	3	Professional	User	Manual	(EN)	v1.2

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.

pdf