Richard	King

1478	Gunnison	St.

Mt.	Pleasant,	SC	29466

843-475-4271

mckelvie37@gmail.com

I,	Richard	King,	owner	and	operator	of	a	DJI	Phantom	3	Professional	am	submitting	

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

the	Federal	Aviation	Regulations	from:	

14	C.F.R.	Part	21,

14	C.F.R.	45.23(b),

14	C.F.R.	61.113(a),

14	C.F.R.	91.7(a),

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

14	C.F.R.	91.119(c),

14	C.F.R.	91.121,

14	C.F.R.	91.151(a)(1),

14	C.F.R.	91.203(a)	and	(b),

14	C.F.R.	91.405(a),

14	C.F.R.	91.407(a)(1),

14	C.F.R.	91.409(a)(1)	and	(2),

14	C.F.R.	91.417(a)	and	(b).

in	order	to	conduct	Commercial	UAS	operations	that	will	include	aerial	

photography,	aerial	videography,	and	aerial	inspection	of	Real	Estate,	and	

Commercial	Structures	in	the	NAS	as	regulated	by	the	FAA.

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

"Reform	Act")	and	14	CFR	Part	11,	Richard	King,	operator	of	Unmanned	Aircraft	

Systems	(UAS),	hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation	

Regulations	("FARs")	to	allow	commercial	operation	of	designated	UAS,	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.	

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	

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

1.	Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	

estate,	architecture,	land	surveying,	engineering	and	other	related	professional	

activities.	

2.	Aerial	video	and/or	photography	for	public	and/or	private	use	including	

television,	public	events,	cinematography	and	newsgathering.

3.	Aerial	inspection/photography	of	residential/commercial	structures	under	

contract	with	the	owners	or	local	government	authority.

4.	Aerial	inspection/photography	of	residential/commercial	utility	infrastructure	

including	but	not	limited	to	electrical	power	lines,	wind	turbines	and	cell	towers.
5.	Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	and	

rescue	operations	in	cases	of	an	emergency	or	natural	disaster	only	when	the	local	

authorities	or	government	has	requested	it	by	contract.

6.	Training	to	persons	individually	or	belonging	to	both	private	and/or	public	

organizations	to	increase	awareness	and	improve	safety	for	current	and	future	UAS	

operations	within	theNAS.

I	plan	to	operate	a	UAS,	the	DJI	PHANTOM	3	Professional	which	is	comprised	of	an	

unmanned	aircraft	and	a	transportable	ground	station.	The	Phantom	3	is	referred	to	

as	a	quad-copter	with	a	maximum	gross	weight	of	about	3	pounds.	It	is	equipped	

with	four	rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The	UA	has	

a	maximum	airspeed	of	16	m/s.	

Given	the	small	size	of	the	UAS	involved	and	the	restricted	controlled	environment	

within	which	they	will	operate,	the	applicant	fits	within	that	zone	of	safety	(an	

equivalent	level	of	safety)	in	which	Congress	envisioned	that	the	FAA	must,	by	

exemption,	allow	commercial	operations	of	UASs	to	commence.	Also	due	to	the	size	

of	the	UASs	and	the	controlled	areas	in	which	the	relevant	UASs	will	operate,	

approval	of	the	application	presents	no	national	security	issue.	Given	the	following,	

the	grant	of	the	requested	exemptions	is	clearly	in	the	public	interest:	Richard	King	

proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft	that	have	the	

characteristics	and	that	operate	with	the	limitations	listed	herein.	These	limitations	

provide	for	an	exceptional	level	of	safety	to	operations.	These	limitations	and	

conditions	to	which	Richard	King	agrees	to	be	bound	when	conducting	commercial	

operations	under	an	FAA	issued	exemption	including:	

1.	The	UAS	will	weigh	less	than	55	lbs.

2.	Flights	will	be	operated	within	line	of	sight	of	operator.	(Day	VMC	conditions)

3.	Maximum	total	flight	time	for	each	operational	flight	will	be	20	minutes.

4.	Flights	will	be	terminated	at	15%	battery	power	reserve.

5.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL

6.	UAS	operator	will	be	trained	and	certified	in	the	proper	safety	and	operations.

7.	The	UAS	will	only	operate	within	a	controlled	area	as	defined	in	the	Procedures.

8.	The	operator	will post	advisor	notice	around	the	controlled	area.

9.	If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	will	have	

capability	to	return	to	a	pre-determined	location	within	the	Security	Perimeter	and	

land.

10.	The	UAS	will	have	the	capability	to abort	a	flight	in	case	of	unpredicted	obstacles	

or	emergencies.	

Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	requested	

exemption	and	are	prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	

the	need	for	an	equivalent level	of	safety.	We	look	forward	to	working	with	your	

office.	A	copy	of	the	DJI	Phantom	3	User	Manual	is	available	upon	request.

Public	Interest	-

The	planned	UAS	user	will	increase	ground	safety	for	aerial	mapping,	photography	

and	surveying operations. This	type	of	data	collection	has	previously	been	done	by	
manned	aircraft	or	by individuals	on	the	ground.	Both	are	more	time	consuming	and	

are	more	expensive	than	using	a UAS.	Use	of	manned	aircraft	poses	enhanced	risk	to	

the	pilot	and	onboard	crew,	who	would	be several	hundred	feet	in	the	air.

The	enhanced	safety	and	reduced	environmental	impact	achieved	using	a	UAS	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	UA	operation enabled	by	this	exemption	is	in	the	public	

interest.

With	the	exemptions	of	the	mentioned	rules	I	will	be	seeking	to	make	my	drone	

photography/videography	services	available	to	the	public.		Alternatively	the	public	

had	seeked	to	use	helicopters	and	aircraft	to	achieve	what	I	can	offer	in	a	safer,	

more	cost	efficient	manner.	By	not	using	fuel,	flying	at	safe	heights	and	strictly	

following	the	usage	recommendations	from	DJI	and	the	regulations	as set	forth	by	

the	FAA.		

Exemptions	Requested	Below:	

14	C.F.R.	Part	21:	Airworthiness	Certificates

Given	the	size	and	limited	operating	area	associated	with	the	aircrafts	to	be

utilized,	an	exemption	from	Part	21	meets	the	requirements

of an	equivalent	level	of	safety	under	Part	11	and	Section	333	of	the	reform	Act.

In	all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	UA	operated

without	an	airworthiness	certificate,	in	the	restricted	environment	and	under	the

conditions	proposed	will	be	at	least	as	safe,	or	safer,	than	conventional	aircraft

operating	with	an	airworthiness	certificate	without	restrictions	and	conditions

proposed.

14	C.F.R.	45.23:	Display	of	marks:	general

The	UAs	will	not	have	a	cabin,	cockpit,	pilot	station,	fuselage,	boom,	or	tail	on

which	to	mark	certain	words	or	phrases.	Further,	the	two-inch	lettering	is	difficult

to	place	on	such	a	small	aircraft	with	dimensions	smaller	than	the	minimal

lettering	requirement.

14	C.F.R.	61.113(a)	&	(b):	Private	pilot	privileges	and	limitations:	Pilot	in

command

The	FAA	has	previously	declared	that	additional	manned	airship	experience	of	a

commercially	certified	pilot	would	not	correlate	to	the	airmanship	skills	necessary

for	similarly	proposed	operations	in	previously	issued exemptions	to	this

regulation	through	Exemption	Nos.	11062	and	11138.		However,	I	am	an	ATP	

(Airline	Transport	Pilot)	Rated	Pilot.

14	C.F.R	91.7:	Civil	aircraft	airworthiness

Currently,	since	there	is	no	certificate	applicable	to	the	UAs	in	question,	this

regulation	is	inapplicable.	

14	C.F.R.	91.9	(b)(2):	Civil	aircraft	flight	manual,	marking,	and	placard

requirements

Requires	an	aircraft	flight	manual	in	the	aircraft,	however	there	are	no	pilots	or

passengers	on	board	this	aircraft	and	given	its	size,	this	regulation	is

inapplicable.	An	equivalent	level	of	safety	will	be	achieved	by	maintaining	a
safety/flight	manual	with	the	operator.

14	C.F.R.	91.119(c):	Minimum	safe	altitudes

UAS	will	not	operate	any	higher	than	400	feet	at	ground	level.	I	will	not	fly over	

congested	areas.	I	will	plan	operations	beforehand,	for	proper	flight	safety,	and	

proper	height	analysis	as	to	avoid	collisions.

14	C.F.R.	91.121:	Altimeter	settings

The	UAS	utilize	electronic	GPS	with	a	barometric	sensor.	An	equivalent	level	of

safety	will	be	achieved	by	using	this.

14	C.F.R.	91.151(a)(1):	Fuel	Requirements	for	flight	in	VFR	conditions

The	UAS	that	I	will	fly	are	powered	by	electricity,	using	lithium	polymer	batteries

that	currently	have	a	flight	limit	of	approximately	no	more	than	20	minutes.

Therefore,	due	to	the	limitations	of	the	batteries,	it	is	currently	impossible	to

comply	with	part	91.151.

14	C.F.R.	91.203(a)	and	(b):	Civil	aircraft:	Certifications	required

Currently,	there	are	no	procedures	for	providing	airworthiness	certificates	for	the

mentioned	UAS.	However	I	will	always	fly	safely	while	having	the	manuals	with	me	

at	all	times	during	operation.

14	C.F.R.	91.405(a):	Maintenance	Required,

14	C.F.R.	91.407(a)(1):	Operation	after	maintenance,	preventive	maintenance,

rebuilding,	or	alteration,

14	C.F.R.	91.409(a)(1)	and	(2):	Inspections	&

14	C.F.R.	91.417	(a)	and	(b):	Maintenance	records

Maintenance	inspections	may	be	required	and	should	be	granted	since	they	only

apply	to	aircraft	with	an	airworthiness	certificate.	However	I,	will

perform	preflight	inspections	of	the	UAS	before	each	flight	as	outlined	in	the

operating	documents	and	will	also	follow	manufacturer

recommendations	from	said	operating	documents.

Sincerely,	

Richard	King