Richard	Kimberley

5816	Shoal	Creek	Drive

Douglasville,	Georgia	30135

January	7, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor Room W12-140

1200	New Jersey Avenue, SE

Washington, DC 20590

Re: Petition to the FAA for Section 333 Exemption

Dear Sir or Madam:

Pursuant to Section 333 of	the FAA Modernization and Reform Act of	2012	and 14	C.F.R. Part 11,

Richard	Kimberley	seeks an exemption from Federal Aviation Regulations (FARs) detailed below for the

following	described small	Unmanned Aerial System	(sUAS), which includes	a small unmanned aircraft

(sUA) and	ground station-based	equipment and crew.

APPLICANT:

Richard	Kimberley

5816	Shoal	Creek	Drive

Douglasville,	Georgia	30135

404-597-3128

rkck@bellsouth.net

CREDENTIALS:

 US	citizen	with	no	criminal	record

 Phantom 3 FAA Registered FA3TRL7FMH

 42	hours	flight	time	with	no	accidents

UNMANNED AIRCRAFT (UA) – DJI PHANTOM	3	ADVANCED:

 A lightweight (maximum gross	weight of 3	pounds), battery operated, 4-motor rotorcraft in the	

form of	a quadcopter that takes	off	and lands	vertically, manufactured by DJI, with a 3-axial

camera stabilization system.

 An on-board	flight computer with GPS navigation and location ability	that receives signals	for	

flight controls	from a ground-based	transmitter / controller.
 An on-board	camera capable of	capturing imagery in the form of full color, high definition still	

photos	and video.

 An on-board	telemetry system that delivers	flight data from the on-board flight computer to	

the on-board	radio transmitter including altitude AGL, horizontal and vertical speed, compass	

direction of	flight, and direction back	to its	launch site.

 A 2.4 GHz on-board radio transmitter that transmits live video from the on-board	camera plus	

all the flight data from the telemetry system described above.

GROUND STATION-BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC)	in operational control of a flight operation from beginning to end and	

who controls	the UA while in the air.

 A 2.4 GHz radio transmitter / controller operated	by the PIC to control the UA while in flight.

 A radio receiver receiving live video	and flight data from the on-board camera and computer	

projects it all together onto a screen	for the PIC to view during flight.

 A visual Observer (VO) who provides	a second pair of	eyes	to visually track	the UA while in	

flight.

PURPOSE	FOR THE EXEMPTION:

The requested	exemption would permit Richard	Kimberley	to pursue his commercial interests in

providing	services	to clients using the above described	Unmanned Aerial Vehicle (UAV) for aerial	

photography	and videography services to provide high quality imaging for a variety of commercial,

public, and	residential uses, specifically targeting:

 Real Estate and Private Property Aerial Photography and Videography

 Inspections	of Public	and Private Structures

 Special Event Aerial Photography and Videography

PUBLIC INTEREST

Aerial photography lends	a unique perspective to the viewer. The angles of	capture show areas	that are	

not able to be seen by an earthbound photographer. This	type of	photography has	been used for some	

time by real estate agencies	and construction firms. Unfortunately, this is	often	cost prohibitive for	

small businesses and individuals. The expensive fees	for traditional aerial photography companies	have	

given large firms	an advantage. With this Grant of	Exemption, I would be able to offer affordable aerial	

photography and videography to small businesses	and private individuals.

The UAV, powered by batteries, is	smaller, lighter, and more maneuverable than larger aircraft running	

on combustible fuel. It operates	at lower altitudes	with no people on board	and will thereby reduce	

current risk	levels	and enhance safety while diminishing the likelihood of	death or serious bodily injury.	

Due to the size of	the UAV and the tightly controlled	and limited airspace in which the UAV	operates,	

approval of	this	application offers	no risk to national security.
FIELD OPERATIONS:

The UAV System will be operated in the field with both a PIC and a Visual Observer in accordance with

FAA Policy N 8900.227	Section 14	"Operational Requirements for UAS" and with the following

Restrictions:

a)		 No flight will be made with a UAV Gross weight exceeding 55	pounds;

b)	 All operations will occur in FAA Class	G airspace at no more than 400	ft.	AGL, at an airspeed of	

no more than 50	miles per hour and no further than 3/4 NM	from the PIC;

c)		 All operations will utilize a visual observer (VO).	The VO and PIC will be able to communicate by	

voice at all times	during a flight operation;

d)	 Operations	will be restricted to flights over private property	with the permission of	the	

property	owner;

e)		 The PIC will have accumulated	and logged, in a manner consistent with 14	CFR 61.51	(b), a	

minimum of 100	flight cycles	and 25	hours	of	total time as	a UAV rotorcraft pilot and at least	

ten hours logged	as	a UAV pilot with a similar UAV type;

f) All required permits will be obtained	from state and local government prior to operation;

g)		 The UAV System will not be operated over densely populated areas;

h)	 The UAV System will not be operated at air shows;

i) The UAV System will not be operated over any open-air assembly of	people;

j) The UAV System will not be operated over heavily trafficked roads;

k)		 The UAV System will not be operated within 5	NM	of an airport or heliport;

l) Operations	will be restricted to day only and weather conditions	equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk	before the first flight	

at each new location;

n)	 No flight will be made without a Pre-Flight Inspection by the PIC before each operation to	

ascertain that the UAV is in a condition safe for flight (see Appendix A).

The PIC and VO will meet the requirements outlined	in FAA Policy N 8900.227	Section 16	personnel	

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete	

a course of	maintenance instruction as part of	their initial training.

I submit that the combination of	the UAV's	light weight, flight performance and ability, fully qualified	

flight crew and strict operation under the guidelines established in 8900.227, and under all of	the	

Restrictions	(a) through (n) listed	above, the FAA can have full confidence that the operation will have	

an equivalent or greater level of	safety than manned	aircraft performing the same mission.

LIST OF SPECIFIC SECTION 14	CFR FOR	WHICH EXEMPTION IS REQUESTED:

 14	CFR 21, Subpart H – Certification Procedures	for Products and Parts, Airworthiness

Certificates

 14	CFR § 61.113	(a) and (b) – Certification: Pilot, Flight Instructors, and Ground Instructors

 14	CFR § 91.7 (a) – Airworthiness	Required for Operation
 14	CFR § 91.9 (b) (2) – Aircraft Flight Manual in Aircraft

 14	CFR § 91.105	– Flight Crewmembers	at Stations

 14	CFR § 91.119	(c) – Minimum Safe Altitudes

 14	CFR § 91.121	– Altimeter Settings

 14	CFR § 91.151	– Fuel Requirements for Flights in VFR Conditions

 14	CFR § 91.203	(a) and (b) – Carrying of Civil Air Certifications	and Registrations

 14	CFR § 91.405	(a) – Maintenance Required

 14	CFR § 91.407	(a) (1) – Operation after Maintenance

 14	CFR § 91.409	(a) (1) and (2) – Inspections

 14	CFR § 91.417	(a) and (b) – Maintenance Records

REQUESTED EXEMPTIONS

14	CFR 21, Subpart H, entitled Airworthiness	Certificates, sets	forth requirements for procurement of	

necessary airworthiness	certificates	in relation to FAR § 91.201	(a) (1).	The size, weight and enclosed	

operational area of	the UAS permits	exemption from Part 21	because my UAS meets	(and exceeds) an	

equivalent level of	safety pursuant to Section 333	of	the Reform Act.	The FAA is	authorized to exempt	

aircraft from the airworthiness	certificate requirement under both the Act 49	U.S.C. § 44701	(f) and	

Section	222	of	the Reform Act.	Both	pieces	of	legislation	permit the FAA to exempt UAS’s	from the	

airworthiness	certificate requirement in consideration of	the weight, size, speed and maneuverability	

and proximity to areas	such as airports	and dense populations.

14	CFR § 61.113	(a) provides	that no person who holds	a private pilot certificate may act as	pilot in	

command of an aircraft for compensation or hire. Subparagraph (b) allows	a private pilot to act as pilot	

in command 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. A PIC with a private pilot certificate operating the Phantom 3	Advanced	

would not adversely affect operations in the NAS or present a hazard	to persons or property	on the	

ground.

14	CFR § 91.7 (a) prohibits the operation of	an aircraft without an airworthiness	certificate. As	no such	

certificate will be applicable in the form contemplated	by the FARs, this Regulation is	inapplicable.

14	CFR § 91.9 (b) (2) requires an aircraft flight manual in the aircraft.	As	there are no on board pilots or	

passengers, and given the size of	the UAS, this	regulation is	inapplicable. An equivalent level of safety	

will be achieved by maintaining such manuals	on location with the Pilot.

14	CFR § 91.105	requires	certain actions by onboard crewmembers. Since the Phantom is unmanned,	

an exemption from this	rule is	requested.

14	CFR § 91.119	(c) requires	all operation to remain no closer than 500	feet from persons, vessels,	

vehicles, and structures. The Phantom 3 Advanced	will not be operated	above the altitude of	400	feet
above ground level and will also only operate in safe areas	away from the public	and traffic, thus	

providing a level of	safety at least equivalent to or below those in relation to minimum safe altitudes.

14	CFR § 91.121	regarding altimeter setting is	inapplicable insofar as	the UAS utilizes	electronic	global	

position systems	with a barometric sensor.

14	CFR § 91.151	provides	that no person may begin a flight in an airplane under day-VFR conditions	

unless	there is	enough fuel to fly to the first point of	intended landing and to fly after that for a least 30	

minutes. The UAV is battery operated	and provides	two low battery alerts. The first one is	at 30%	

capacity	and the UAV will be landed at the first alert.	The second alert is at 10% capacity	and the UAV	

would then	land automatically.

14	CFR § 91.203	(a) and (b) provides	for the carrying of	civil aircraft certifications and registrations.	

They are inapplicable due to the UAV being too small to carry documentation. The equivalent level of	

safety will be achieved	by maintaining such required certifications and registrations	with the crew at	

the ground control station.

14	CFR § 91.405	(a); 14	CFR § 91.407	(a) (1);	14	CFR § 91.409	(a) (1) and (2);	CFR § 91.417	(a) and (b) –

lists requirements for aircraft maintenance and inspections. These regulations	are inapplicable since	

they only apply to aircraft with an airworthiness	certificate. As	a safety precaution, the UAS will be	

inspected	before each flight.

Please contact me at any time if	you require additional information or clarification. I look	forward	to	

supporting the FAA and the UAS community	in their quest to establish proper regulations	and	

protocols	for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Richard	Kimberley

Appendix A - Phantom 3 Flight Manual
APPENDIX A

Phantom 3 Flight Manual

Before you go

• Aircraft and Remote Controller Firmware up to date.

• IMU / Gimbal / Remote Controller are calibrated.

• Batteries (Phantom, Remote Controller (RC),Tablet/Phone) fully charged.

• Micro SD card inserted into Aircraft camera slot and formatted as FAT32 otherwise the Camera/Video 

information will not be displayed. Check if there is enough storage space.

• Inspect everything for obvious defects:

o Turn motors shafts with your fingers and verify they are rotating smoothly without excessive play or binding. 

o Check the motors for debris, dust, dirt... Use a pressurized duster can to remove/clean.

o Damping absorbers are in good condition, not broken or worn. Anti-Drop pins are in place and

locked.

o Gimbal is functioning as normal; Camera is secure and moving normally. 

o Camera lens is not dirty, spotted, smeared

o VPS sensors are clean

o Check condition of Gimbal/Camera black ribbon cables. Look for tears or signs of wear.

o Battery is not swollen, leaky or damaged in any way. Contact needles and pads are clean.

o Propellers are in good condition: not chipped, broken or worn. Run finger along leading and 

trailing edges. Flex both Blades to check for hairline cracks.

o Remote Controller antennas are not damaged.

o Inspect the frame near the screws for stress cracks.

o From time to time, check ALL the screws (Frame/Motors and Gimbal), tighten when necessary

(Do Not Overtighten).

 If Wi-Fi is not available onsite, cache the map data of the area where you intend to fly by connecting to the

Internet before leaving.

Pre-Flight

• Remove the Gimbal Lock.

• Install propellers on proper axis and tighten a bit.

• Mount Phone/Tablet (ensure it is firmly in place) and connect to Remote Controller using USB cable.

• Set Phone/Tablet Volume & Luminosity to MAX (Install hood).

• Turn WiFi & Bluetooth off, OR Turn Airplane Mode on OR Connect Tablet to Phone (Tethering) using 5Ghz or

Bluetooth.

• Close all running apps.
• Do NOT use any screen recorder apps, as these can cause video lagging and blackouts.

• Position Remote Controller antennas properly: parallel and pointing upward. Make sure the flat sides are facing 

the Aircraft at all times; keep changing your body position and antenna tilt, if necessary, to keep wide flat sides of 

antennas pointed at Aircraft. This is more important the further the Aircraft is from the RC. Need to know: NEVER 

point tips of antennas directly at the P3 (like a gun barrel) – this is the lowest signal level situation.

• Set Remote Controller flight mode to “P-Mode” position.

• Insert Smart Battery, make sure it is secured.

Power Up

• Turn Remote Controller power ON.

• Place Aircraft on level surface and locate in a safe launch and recover position.

• Orient Aircraft nose pointing away from operator position.

• Make sure the gimbal/camera is moving freely and not obstructed by tall grass or something, otherwise you 

will get a gimbal motor error.

• Turn Aircraft power ON.

o Gimbal/Camera is in a stable horizontal position.

o Aircraft Status LED will blink rapidly when the Home Point is recorded. 

o Aircraft Status LED will slowly blinks green when the GPS signal is ok. 

o Remote Controller status LED should be turning green.

• Launch DJI App then Tap “Camera” option. DJI App detects & connects with the Aircraft.

• In the “Aircraft Status” window, check the current status of the Aircraft/Remote Controller/Compass.

• If in a new launch area, tap “Calibrate” option and follow on-screen instructions to calibrate the Compass.

• Cache the map data of the area where you intend to fly by connecting to the Internet before each flight. This 

can be done offsite, if Wi-Fi is not available onsite.

• Check the Sensors values -> MC Setting/Sensors:

Gyroscope: All the values as close to 0.00 as possible. Slight variations are OK but the MOD should not go 

over 1.0.

Acceleration: Again slight variations from 0.00 are OK for the XYZ but the MOD needs to be 1.0. 

Compass: The XYZ of the compass is its RAW readings. You need to make sure is that the MOD value is 

between 1400 and 1600.

If you do not get these values: You MUST do an IMU Calibration and/or a Compass Calibration BEFORE

you start flying.

• Double-check your settings: Failsafe mode/Max Alt/Gimbal Speed/Expo/Gain/VPS on/off (for indoor flight -> 

MC Settings/Advanced Settings).
• Set RTH altitude (depends on flight location and surrounding) –> MC Settings/Advanced Settings/Failsafe

Mode.

• Enable “Multiple Flight Mode” in case you have (or want) to switch to A(TTI) or F(unction) Mode -> MC 

Settings/Advanced Settings, otherwise only the P Mode is available.

• Make sure to use a Clear Frequency (set manually if needed) -> Image Transmission Settings.

For Manual: Set Channel to Custom, and watch the noise graph for several minutes and watch for intermittent 

large spikes on any of the channels - be sure to avoid any of those channels.

• Open the battery menu to check the battery status:

o Confirm Low Battery Warning and Critical Battery Warning % settings.

o Look at voltage per cell to make sure they all are equivalent. It's important to ensure your battery is in good 

health prior to takeoff. Flying with a battery that has one or more bad cells could cause the battery to 

discharge very quickly and/or cause your Phantom to shut off and drop from the sky.

o Check batteries for number of cycles. Charge and discharge the battery completely once every 20

charge/discharge cycles; this will help rebalance the battery. To discharge: when you come back from a flight 

and the % is fairly low, just hold it off in a hover at about a foot or two off the ground - it goes fairly quickly -

when you get to 8%, ease off the throttle and lands it at about 7%. If you land and let it idle, it takes forever. 

Then recharge it to maximum capacity. This power cycling procedure will optimize the battery.

Takeoff

• Make sure Home Point is set where you are.

• DJI App flight status ok to go (Safe to fly – GPS).

• START Video/Sound recording, if needed.

• Move both control sticks to lower-inner position to start motors (CSC). Propellers should start spinning slowly. 

DO NOT perform the CSC while flying, otherwise the motors WILL stop and ...

• Make sure the motors are functioning normally: no unusual noise or vibration and they are all spinning at the 

same rate/speed.

• Double check for nearby obstructions, people, power lines, electromagnetic interference (EMI), etc.

• Execute Auto or Manual takeoff and move to Hover position (10 feet) for 30 seconds. 

o Aircraft Status LED should be slowly flashing Green.

o Check stability of Aircraft (not drifting, no toilet bowl effect).

o Do short distance flight test.

o Confirm expected sticks operation.

• All checks OK – ready to go. Otherwise LAND IMMEDIATELY and investigate the issue.

• Monitor Mode, Satellites Status, Aircraft Status, Remote Control and HD Video Link Signal Strength, 

Batteries Power Level(%) and Voltage (Should be >=3.3V. To monitor Voltage on the main screen, enable 

the "Show Voltage On Main Screen" setting in the "Aircraft battery" section of the DJI App settings). The 

colored zones and markers on the battery level indicator bar reflect the estimated remaining flight time. They 

are automatically adjusted according to the aircraft’s current location and status. Also, it is important to follow 

the little “H” on the Battery Level Indicator bar, which indicates the “Power requires to return home”. Pay
attention to low/critical voltage warning - a flight to empty battery can cause damage to the Smart Battery and 

crash.

• Monitor Telemetry:

H=Height, D=Distance (from takeoff), VS=Vertical Speed, HS=Horizontal Speed and last is the distance

between the surface and the Vision Positioning System’s Sensors.

• During Flight: if Phantom ever seems to behave oddly, feel less responsive, does not fly in straight lines, is 

drifting or start moving without input, LAND IMMEDIATELY wherever you are and Recalibrate everything.

It is HIGHLY recommended you switch to ATTI before Landing, in case the Compass and GPS are out of 

whack (“Multiple Flight Mode” must be enabled). If a defect or malfunction has occurred, it must be 

corrected before the next start.

• Keep line-of-sight with Aircraft.

• Go Slow, Fly Safe and Always be Aware of your Surroundings.

Landing & Post-Flight

• Make relatively slow descents if coming straight down, to avoid getting into a Vortex Ring State (VRS). 

Maintain lateral movement when descending to keep the quad in "clean air" (zig zag, side-to-side, circle, etc.) 

or descend at an angle (preferably into the wind).

• To land, hover over a level surface and gently pull down on the throttle gently to descend. To minimize flip 

over (especially if it’s windy), try to avoid unnecessary Forward, Backward and Lateral movement when 

landing. If it’s really too windy, you may want to hand catch the phantom, but please know what you're doing 

and be very CAREFUL; you could get hurt.

• After landing, hold the throttle at its lowest position for 3 seconds or more until the motors stop.

• Don’t forget to stop recording after you land (wait for the recording to stop before turning off)

• Turn off the equipment in the following sequential order:

1- Phantom Smart Battery then Remove the Battery (just in case you think it’s Off, while 

it’s Not...)

2- Remote Controller

• If you plan to do another flight, shutdown and restart the DJI App.

• Before moving/storing away the Phantom: Remove Propellers, Re-Attach Gimbal Clamp.