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US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation 

February 22, 2016

Christopher John Thomasson

1822 Overbrook

Tyler, TX 75703

(936) 852-3624

yourhomeportrait@yahoo.com

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 

14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 

91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

The exemption is in the public interest. Pursuant to the authority contained in 49 U.S.C. 106(f), 

40113, and 44701. 

Dear Sir or Madam: 

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

and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS) Christopher John Thomasson hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of DJI Phantom 3 Professional, provided such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required 

by Section 333. 

Thank you in advance for your consideration. 
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Commercial operation of an UAS, as described herein, which are equipped with 

camera(s)/sensors, would provide professional services in the following areas: 

1. Aerial Photography & Videography

2. Land Surveying

4. Building Surveying 

5. Public and Private Events 

6. Roof Top Inspections 

7. Site Inspections 

8. Sidewalk & Parking Lot Inspections 

9. Assist in Search and Rescue

10. Motion Picture Production and Videography

As described fully below, the requested exemption would permit the operation of designated 

UAS as set forth in this document under controlled conditions in the NAS that would be a) 

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase 

public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "....establish requirements for the 

safe operation of such aircraft systems in the national airspace system." 

The name and address of the applicant is 

Christopher John Thomasson

1822 Overbrook

Tyler, TX 75703

yourhomeportrait@yahoo.com

From which the exemption is requested: 14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) 

14 CFR 91.409 (a) 

14 CFR 91.417 (a) 

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 
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11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see 

Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), 

and 12645 to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety 

achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS 

operation enabled by this exemption is in the public interest. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and monitored by

both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: 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. 14 C.F.R. § 45.23 (b). Marking of the 

Aircraft The regulation requires: 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. Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station 
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on which the word "Experimental" can be placed. Given the size of the UAS, two inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29 (f). US Department of Transportation February 20, 2015 The equivalent level of safety 

will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the UAS will see the identification of the UAS as 

"Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an 

equivalent level of safety as achieved by current Regulations because the applicant's UAS do 

not carry any pilots or passengers nor property. The risks attendant to the It is believed that the 

operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may 

operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness 

certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. Given the size of the aircraft for maintenance and use 

of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. 

§ 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: 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. The UAS, given its size and configuration has no 

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The 

equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. 

14 C.F.R. §91.103: Preflight Action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a 

civil aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for 

operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the

minimums prescribed, provided the person operating the helicopter complies with any route or 
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altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more 

than 200 feet above the highest point on the structure. It will however be operated in a restricted 

area with security perimeter, where buildings and people will not be exposed to operations 

without their pre obtained consent. The equivalent level of safety will be achieved given the 

size, weight, and speed of the UAS as well as the location where it is operated. No flight will be 

taken without the permission of the property owner or local officials. Because of the advance 

notice to the property owner and participants in the filming activity, all affected individuals will 

be aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum SSibs. Proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low 

altitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft 

to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the 

departure airport or an appropriate altimeter setting available before departure." As the UAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption 

may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the 

safety check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 

prohibits an individual from beginning "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; or (2) At night, to fly after that for at least 45 minutes." The applicant 

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed does not engender the type of 

risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of battery power- whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The 

regulation provides in pertinent part: (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 (b) No person may operate a civil aircraft unless the airworthiness certificate required 
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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. The UAS 

fully loaded weighs well under the proposed 551b limit and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These 

regulations require that an aircraft operator or owner "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...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload (camera) and 

operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS 

can land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. An equivalent level of safety will be 

achieved because maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual.

Christopher John Thomasson will operate one or more of the following model UAS.

DJI Phanton 3, Standard, Professional and Advanced. 

Safety requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced emissions and noise, 

the grant of the requested exemption is in the public interest. Accordingly, the applicant 

graciously requests that the FAA grant the requested exemption.

A. The Reasons Why Granting Christopher John Thomasson Request Would Be 

In The Public Interest; That Is, How It Would Benefit The Public As A Whole:

Granting the present Petition will further the public interest by allowing Christopher 

John Thomasson to safely, efficiently, and economically perform search & rescue, 

aerial inspections, and video photography of real estate properties over certain areas 

of the United States. 

Additionally, use of the DJI PHANTOM 3 UAS’s will decrease congestion of the 

NAS, reduce pollution, crashes and accidents caused by pilot error and provide 
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significant benefits to the economy. Notably, the benefits of Christopher John 

Thomasson’s proposed operation of the DJI PHANTOM 3 UAS’s will be realized 

without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion of The NAS: 

The DJI PHANTOM 3 UA’s are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized for search & 

rescue, aerial inspections, and to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing the 

use of a DJI PHANTOM 3 UA would reduce the amount of manned aircraft in the 

NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI PHANTOM 3 UAS’s do not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting search & rescue and aerial 

video and photography missions would result in fewer aircraft that must be handled 

by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency of The DJI PHANTOM 

3 UAS’s:

Conducting search & rescue, aerial inspections, and aerial acquisitions with the DJI 

PHANTOM 3 UAS’s, instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollution generated during traditional 

aerial video and still photography flight operations. By using battery power and 

electric motors, the DJI PHANTOM 3 UAS’s produce no air pollution, and is the 

most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for search & rescue, 

aerial inspections, and aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI PHANTOM 3 UAS’s, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, 

as the UAS’s are propelled by battery powered electric motors, rather than an 

internal combustion engine.

By using the DJI PHANTOM 3 UAS’s to perform search & rescue, aerial 

inspections, and aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft 

flight operations, will be substantially reduced or completely eliminated. The DJI 

PHANTOM 3 has a maximum gross weight of 45.1 ounces, a length of 16.2 inches, 

width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately

33 mph. The UAS’s are equipped with four main rotors; Driven by Lithium 

Polymer battery powered electric motors., and with no fuel on board, has less 

physical potential for collateral damage to life and property on the ground, and in 
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the air, compared to the manned aircraft that typically conduct similar operations 

(weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a 

length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 

PHANTOM 3 UAS’s Will Benefit The Economy: 

In addition to being safe and efficient, the DJI PHANTOM 3 UAS’s are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. 

As such, operations of the DJI PHANTOM 3 UAS’s will allow United States based 

companies remain competitive and contribute to growth of the U.S. economy. 

Specifically, with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned 

and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI PHANTOM 3 UAS’s is one 

such technology that not only allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI PHANTOM 3 UAS’s can remain competitive and profitable, 

and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI PHANTOM 3 

UAS’s, provides a stable workforce that increases consumer spending; improves 

local, state, and federal tax revenues; and allows companies to invest in research 

and development in order to remain competitive both in the United States and 

abroad. 

4. There Are No Privacy Issues: 

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

for decades, Christopher John Thomasson’s proposed operation of the DJI 

PHANTOM 3 UAS’s will not implicate any privacy issues. Specifically, the DJI

PHANTOM 3 UAS’s will be operated only in compliance with operating 

documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and DJI

PHANTOM 3 Instruction Manuals) 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. 

B. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Christopher John Thomasson Seeks 

Exemption:
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1. Reasons Why The DJI PHANTOM 3 UA Meet The Conditions Of The FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333. 

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

with the unmanned aircraft and its operation, Christopher John Thomasson’s 

operation of the DJI PHANTOM 3 UAS’s meet the conditions of FMRA Section 

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security. Specifically, FMRA Section 333 states the following, in part:

(i) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan 

and rulemaking required by section 332 of this Act or the guidance required 

by section 334 of this Act.

(ii) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum—

(a) which types of unmanned aircraft system (UAS), if any, as a result of 

their size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a threat 

to national security; and 

(b)whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

(iii) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Christopher John Thomasson submits that the DJI PHANTOM 3 

UAS’s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) The characteristics of the DJI PHANTOM 3 UAS’s; 

(b) The pilot certification requirement; and 

(c) The specific operating limitations. 

a. The Specifications of The DJI PHANTOM 3 UAS’s Demonstrate Its Safe

Characteristics: 
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The DJI PHANTOM 3 UAS’s 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.

(i) Technical Specifications of the DJI PHANTOM 3 UAS’s. 

The technical specifications of the DJI PHANTOM 3 UAS’s are set forth by the 

DJI PHANTOM 3 Specifications and Data Sheets, attached.

(ii) The DJI PHANTOM 3 UAS’s Autonomous Flight And Navigation Modes 

Enable The UASs To Remain Within A Defined Operational Area. The DJI

PHANTOM 3 UAS’s may be operated in both manual and fully autonomous flight 

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

PHANTOM 3 UAS’s is provided in the PHANTOM 3 user manuals.

(iii) The DJI PHANTOM 3 UAS’s 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 PHANTOM 3 UA will remain stationary, in flight, for 

3 seconds or more. If, after 3 seconds, the DJI PHANTOM 3 UAS’s do not 

reacquire control link data from the GCS, the UAS will assume that the Control 

Link is lost and the UA 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 PHANTOM 3 are set in the owner’s 

manuals,

(iv) The DJI PHANTOM 3 GCS and its Operation. A complete description of the 

operation and specifications of the PHANTOM 3 GCS and flight control software 

is provided in the User Manuals.

C. Flight Operations Of DJI PHANTOM 3 UAS’s Are Limited To The Line Of Sight 

Of A Certificated Pilot in Command With A Safety Observer: 

Christopher John Thomasson will only utilize pilots who have been trained and meet the 

requirements to act as a pilot in command (PIC) of the DJI PHANTOM 3 UAS’s. 

Additionally, a safety observer will assist all pilots during flight time. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UAS’s 
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weighing less than 55 pounds maximum gross weight. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of search & rescue, aerial inspections, and aerial video and 

photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 35 mph. 

4. The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating documents 

unless a special request is made and approved by ATC. All altitudes reported to 

ATC must be in feet AGL. 

5. The UA 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 government issued 

identification. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

7. All operations must utilize a safety observer (SO). The 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. 

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 SO can perform the 

functions prescribed in the operating documents. 

8. 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. 

9. 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. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents. 

10. 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 
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flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

11. 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. 

12. 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. 

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

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. 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 aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. 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.

18. 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. 

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

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. 

20. The UA 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 
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letter of agreement with the airport management must be made available to the 

Administrator upon request. 

21. The UA 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. 

22. If the UA 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. 

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

emergencies in accordance with the operating documents. 

24. 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 UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours 

prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude 

level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification markings in accordance with 14 C.F.R. part 45, Subpart C. Markings 

must be as large as practicable. 

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

and control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

28. 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 documents must be made available to the Administrator or any

law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. 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: 

(a) Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA 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; 

(b) 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; 
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(c) Operations nearer to the PIC, SO, operator trainees or essential persons do not 

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

32. 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.

33. 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. 

Conclusion:

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein. 

Christopher John Thomasson will not allow any PIC to operate the DJI PHANTOM 3 UAS’s 

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

PHANTOM 3 UAS’s training and currency requirements, that the PIC is able to safely operate 

the DJI PHANTOM 3 UAS’s in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 

hours of those hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption). In addition to the hour requirements, the PIC must accomplish 

3 takeoffs and landings in the preceding 90 days (for currency purposes). 

CONCLUSION 

Christopher John Thomasson 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 PHANTOM 3 (Professional, Advanced, and Standard) UAS’s 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 Christopher John Thomasson to safely, 

efficiently, and economically operate the DJI PHANTOM 3 UAS’s commercially within the 

NAS. 

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

and Reform Act of 2012, Section 333, Christopher John Thomasson respectfully requests that 

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

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 
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(a)(2), and 91.417(a) & (b), and permit Christopher John Thomasson to operate the DJI 

PHANTOM 3 UAS’s commercially for the purpose of conducting search & rescue, aerial 

inspections, aerial video and photography over certain areas of the United States. 

The applicant Christopher John Thomasson believes this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 

2012, providing sufficient justification for the granting of commercial operations of the 

applicant's UAS. I also feel it’s in the public’s interest on granting the exemption, as we can 

educate them at the same time. And all the positive sides of the new technology and the level of 

safety. 

The applicant, Christopher John Thomasson, requests your respective approval of this Section 

333 exemption petition request. 

Thank you for your attention in this matter. Please notify Christopher John Thomasson of your 

actions, and or approvals. Thank you, for your interest in this request. 

Sincerely, 

Christopher John Thomasson

(903) 852-3624

yourhomeportrait@yahoo.com