James H Calloway

DBA Jim Calloway Auctions & Realty

100 Main Street, Suite 103

Portland, TN 37148

(615) 428-4663

jim.calloway@outlook.com

Dear Sir or Madam: 

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

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

Reform Act), and 14 C.F.R. Part 11, Jim Calloway Auctions & Realty, an Auction 

and Real Estate services provider, operating locally as Jim Calloway Auctions & 

Realty, hereby apply for an exemption from the Federal Aviation Regulations 

(FARs) listed below to allow operation of our Small Unmanned Aircraft System 

(sUAS) commercially in airspace regulated by the Federal Aviation Administration 

(FAA) so long as such operations are conducted with and under the conditions 

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

The requested exemption would permit Jim Calloway Auctions & Realty, as a 

consultant and with a retained pilots-in-command, to service our clients using a 

small advanced sUAV in the following areas: Aerial Photography of Real Estate, 

Land Management/Surveying, Construction Observations, Agricultural 

Observations and Approved Special Events. Jim Calloway Auctions & Realty 

states that all sUAS flights will occur over private or controlled access property 

and will do so with the property owner's consent and knowledge and that only 

people who have consented or otherwise have agreed to be within the UAS’ radius

during filming and photography applications.

Jim Calloway Auctions & Realty's approved employees have demonstrated the 

ability to safely and effectively fly the sUAS DJI Phantom 3 which will be used for 

all commercial and private purposes. Jim Calloway Auctions & Realty complies 

with local ordinances and laws regarding the operation of sUAS, and adheres to 

all weather and environmental restrictions or limitations in reference to the 

operations of sUAS.

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

I, James H. Calloway, owner and operator of Jim Calloway Auctions & Realty, am 

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

guidelines, limitations, and future legislation set forth by the FAA. I agree to 

operate the sUAS in the manner that I have described, and for the purposes that 

I have described. Without the exemption request granted, I would be unable to 

safely and effectively run my business, and it is my intention to comply with the 

FAA and obtain an exemption of the following regulations.
The following contains my list of regulations from which I am seeking exemption, 

and a complete list of responsibilities I assume as operator; it also contains 

information regarding the aircraft, public benefit and safety features, and similar 

petitions requests granted.

Regulations from which exemption is requested: 

• 14 C.F.R. Part 21 

• 14 C.F.R. 45.23(b) 

• 14 C.F.R. 61.113(a) & (b) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R. 91.9(b) (2) 

• 14 C.F.R. 91.109 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.151(a) 

• 14 C.F.R. 91.203(a) & (b) 

• 14 C.F.R. 91.205(b) 

• 14 C.F.R. 91.215 

• 14 C.F.R. 91.401 - 91.417

I, THE OPERATOR, Jim Calloway Auctions & Realty, ASSUMES THE FOLLOWING 

RESPONSIBILITIES

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

DJI Phantom 3 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television 

filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 

miles per hour). The exemption holder may use either groundspeed or 

calibrated airspeed to determine compliance with the 87 knot speed 

restriction. In no case will the UA be operated at airspeeds greater than the 

maximum UA operating airspeed recommended by the aircraft 

manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet 

above ground level (AGL). Altitude must be reported in feet AGL. 

5. The 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 FAAissued airman medical certificate or U.S. driver’s license. 
6. All operations must utilize a visual observer (VO). The UA must be 

operated within the visual line of sight (VLOS) of the PIC and VO at all 

times. The VO may be used to satisfy the VLOS requirement as long as the 

PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times; electronic messaging or texting is not 

permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the 

flight. The PIC must ensure that the VO can perform the duties required of 

the VO. 

7. This exemption and all documents needed to operate the UAS and 

conduct its operations in accordance with the conditions and limitations 

stated in this grant of exemption, are hereinafter referred to as the 

operating documents. The operating documents must be accessible during 

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

discrepancy exists between the conditions and limitations in this exemption 

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

limitations herein take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operating documents.

The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator or any law enforcement official 

upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would 

affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The 

FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise 

regarding updates or revisions to the operating documents. 

8. 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 prior to conducting

further operations under this exemption. Functional test flights may only be

conducted by a PIC with a VO and must remain at least 500 feet from other

people. The functional test flight must be conducted in such a manner so as

to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to 

ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and 

determine the UAS is in a condition for safe flight. The pre-flight inspection 

must account for all potential discrepancies, e.g., inoperable components, 

items, or equipment. If the inspection reveals a condition that affects the 

safe operation of the 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. 

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

overhaul, replacement, inspection, and life limit requirements for the 

aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all 

manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The 

PIC must also hold a current FAA airman medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC must also meet 

the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate. 5 

14. The operator may not permit any PIC to operate unless the PIC 

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

with how the UAS will be operated under this exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from 

persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs (training, 

proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption are permitted under the terms of this 

exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UA with appropriate distance

from nonparticipants in accordance with 14 CFR § 91.119. 

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

CFR § 1.1. All operations must be conducted under visual meteorological 

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

authorized. 

16. The UA may not operate within 5 nautical miles of an airport 

reference point (ARP) as denoted in the current FAA Airport/Facility 

Directory (AFD) or for airports not denoted with an ARP, the center of the 

airport symbol as denoted on the current FAA-published aeronautical chart, 

unless a letter of agreement with that airport’s management is obtained or 

otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to the 
Administrator or any law enforcement official upon request. 

17. The 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must 

return to a pre-determined location within the private or controlled-access 

property. 

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

emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind 

and forecast weather conditions) there is enough available power for the UA

to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if 

greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization 

(COA). All operations shall be conducted in accordance with an ATO-issued 

COA. The exemption holder may apply for a new or amended COA if it 

intends to conduct operations that cannot be conducted under the terms of 

the attached COA. 6 

22. All aircraft operated in accordance with this exemption must be 

identified by serial number, registered in accordance with 14 CFR part 47, 

and have identification (N−Number) markings in accordance with 14 CFR 

part 45, Subpart C. Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and 

flight of the UAS and any documents required under 14 CFR §§ 91.9 and 

91.203 must be available to the PIC at the Ground Control Station of the 

UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request. 

24. The UA must remain clear and give way to all manned aviation 

operations and activities at all times. 

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

vehicle. 

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

nonparticipating persons, vessels, vehicles, and structures unless: a. 

Barriers or structures are present that sufficiently protect nonparticipating 

persons from the 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 in a

manner ensuring the safety of nonparticipating persons; and b. The 

owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard. The PIC, VO, operator

trainees or essential persons are not considered nonparticipating persons 

under this exemption. 

27. All operations shall be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral

or vertical boundaries of the operational area as defined by the applicable 

COA must be reported to the FAA's UAS Integration Office (AFS−80) within 

24 hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

SIMILAR EXEMPTIONS

• They are similar in all/or many material respects to relief previously 

requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213

Public Benefit and Safety

• Unmanned Aircraft System sUAVs are often seen as superior to helicopters 

as an aerial video gathering platform due to the smaller devices cheaper 

equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety. 

• Jim Calloway Auctions & Realty is petitioning for an exemption to operate a 

DJI Phantom 3 with a built-in stabilized HD camera and GPS safety features

which limit its ability to limit the height it flies above ground level (AGL), to 

limit the radius of the distance it flies from the operator and to exclude it 

from operations within designated Class B, C and D airspace including a nofly zone feature. 

• The DJI Phantom 3 also has a failsafe function that is triggered in the event 

communication is lost between the sUAS and the main controller 

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

and land manually. 

These specifications meet with the Model Aircraft Operating Standards as set 

below: 

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or 

observer and will operate at sites that are `sufficient distance' from 

populated areas within the sterile area described in the FOPM. Such 

operations will ensure that the sUAS will "not create a hazard to users of 

the national airspace system or the public." 

• When flying the sUAS within three (3) miles of an airport, airport 

operators will be notified and the operator will give the right-of-way to 

avoid flying in the proximity of full-scale aircraft. Maximum flight time for 

each operation will be 30 minutes. 

• Flights will be terminated when battery levels reach 25%, allowing 

sufficient reserve flight time to safely land the sUAS. 

• The sUAS will be programmed so it will not be operated at an altitude that 

exceeds 400 feet AGL, and not more than 200 feet above an elevated 

platform from which videography is planned. 

• Minimum crew for each operation shall consist of: sUAS pilot, a visual 

sUAS observer, and the camera operator. 

• The sUAS PIC will be an FAA licensed airman holding a minimum of a 

Private Pilot certificate and a current FAA medical certificate. 

• The sUAS operated by the petitioner weighs less than 25 pounds, including

all payload (i.e. camera, lens, and stabilized gimbal). 

• The sUAS will operate at speeds of no more than 50 knots, can hover, and 

can simultaneously move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment 

within which it will operate, Jim Calloway Auctions & Realty's operations 

adhere to the Reform Act's safety requirements.