U.S. Department ofTransportation Docket Management System 1200 Ne w Jersey Ave. , SE Washington, DC 20590

Decemb er I , 2015

Subject: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. Part 21 , 45.23(b) , 45.27(a) , 45.29 (3) (c)(d)(e)(t)(g)(h) , 61.113 (a) & (b) , 91.7(a), 91.9(b)(2) , 91.103 , 91.109, 91.119 , 91.121, 91.203(a)(b) , 91.405(a)(1) , 91.407(a)(1) , 91.409(a)(2) 91.417 (a)(b) and 91.151.

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11 , I, Michael D. Bauer, a Private Pilot, preparing this exemption request myself , would like to apply for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (sUAS) for aerial photography and videography. Following the fonnat ofFAA Exemption No. 11138 -Regulatory Docket No. FAA

- 2014

- 0481, I have included the following: 1) Supplemental Response for Petition 2) Phantom 3 Professional User Manual V 1.6 3) Phantom 3 Professional Quick Start Manual V 1.2 3) Phantom 3 Professional Safety Guidelines and Disclaimer V 1.2 4) Phantom 3 Intelligent Flight Battery Safety guidelines V 1.0
I have experience in flying hobby quads and various RC aircraft for recreational purposes during the past 15 years without incident. I have added a hobby grade DJI Phantom 3 Professional quadcopter (maximum gross weight 3 pounds, equipped with four rotors that are driven by electric motors powered by batterie s , the VAS has a maximum airspeed of 30 knots) to my inventory equipped with a GoPro 4K , 12 Megapixel camera with intent for aerial photography and videography to enhance academic community awarene ss and possibly new developments in photograph following an exemption and approval by the FAA. My e xemption request would permit operation of ultra-light weight, unmanned (piloted by remote control) in predetermined areas away from general public, airports , heliports and vehicular traffic, under 400ft. and after carefully reviewing, inspecting and examining the area of aerial observation. This would allow for communit y videos and within property boundaries for individual homeowners or other such activities. I will abide all FAA requirements to ensure this exemption will provide a level of safety at least equal to existing rules and will only operate in a safe environment that is strictly controlled , are away from power lines, elevated lights , airports and actively populated areas; and I will conduct
extensive preflight inspections and protocols, during which safety carries primary importance.

### 14 C.F.R. Part 21 , Subpart H: Ainvorthiness Certificates 14 CFR 

### § 91.203
Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I am asking exemption from 14 CFR part 2l,Subpart H(Airworthiness Certificates)and§91.203 (a) and (b) (Certifications required) ,subj ect to certain conditions and limitations , is warranted and meets the requirements for an equivalent leve l of safety underi4CFRpart 11 and Section 333 ofP.L. 112-95 (Section 333).



### 14 C.F.R. 45

.27(a): Location of marks; non fixed-wing aircraft. 14 C.F.R. 45.29 (3) (c)(d)(e)(t)(h): Size of Marks Furthermore I request an exemption from §45.23 Marking of the aircraft because my UAS will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Additionally two

- inch lettering is difficult to place on such a small aircraft with dimension s smaller than the minimal lettering r equirement. I understand the need for markings and will mark my UAS in the larges t possible lettering by placing the word "Experime ntal " or assigned number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting him as a spotter will see the markings.
I also ask for an exemption from §§9l.405(a) ,91.407(a)(1), 91.409(a)(2) and 91.417(a) and(b) Maintenance Inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, the UAS will be maintained in accordance with the manufactur es instructions. Additionally, I will perform a preflight inspection of my UAS before each flight as outlined in the manufactures operating procedures and associated documents.



### 14 CFR 61.113 (a) & 

### (b) : Private pilot privileges and limitations: Pilot in command.
Under §61.113 (a) and (b) private pilots are limited to non-commercial operations. I currently hold a Private Pilots Certificate, Certificate No. 2637189, and will abide with all privileges and limitations thereof. However, my UAS does not carry any pilots or passengers. In addition, regarding UAS operational training, as stated previously I have experience flying RC aircraft and numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this UAS' performance under different temperature and weather conditions.


### 14 C.F.R. 91.7 (a): Civil ai•·craft 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 s ize of the aircraft and the r equirements contained in the Phantom 3 Professional User Manual for maintenance and use of safety checklists prior to each flight, as set forth in Section Band Section G, an equi valent level of safety will be provide d

### 14 CFR 91.9 (b)(2): 

### Civil aircraft flight manual , marking, and placard r equirements
The sUAS, given its size and configurati on has no abi lity or place to carry such a flight manual on the airc raft, no t only because th ere is no pilot on board , but because there is no r oom or capacity to catTy such an ite m on the aircraft. The equivalent level of safety will be maintained by k eeping all of the aforementioned flight manuals at the ground control point where the pilot f l ying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regul ati on: Exemption Nos. 8607, 8737 , 8738 , 9299 , 9299A , 9565 , 95658 , 10167 , 10167A, 10602,32827 , and 10700.



### 14 C.F.R. 91.103 (b)(1), (b)(2) : 

### I)reflight Action
This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions , including checking for weather conditions , checking flight battery requirements , checking takeo ff and landing distances , and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalent le vel of safety.
If granted an exemption I agree to additional safety procedures including, but not limited to:
I) Keeping my UAS within a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation. 2) Operate the UAS for 5-10 minutes per flight; land my UAS according to the manufacturer 's recommended minimum level ofbatt ery power, thi s is typically 25% bat ter power. 3) Operate my UAS only within visual line of sight (VLOS). 4) Use the UAS ' global positioning system (GPS) flight safety feature; it hovers and then slowly lands if communication with the remote control. 5) Conduct all operations under my own personal and flight safety protocols (including posting a warning sign reading: "At tention Aerial Photography in Progress -Remain Back 150 feet" ). 6) I will operate and will actively analyze flight data and other sources of information to constantly update and enhance my safety protocols. 7) Contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information. 8) Always obtain all necessary permissions prior to operation. 9) Have procedures in place to abort flights in the event of safety breaches or potential danger. I 0) The aircraft will be operated in accordance with the manufactures safety and operator manuals.14 C.F.R. 91.109: Flight Instr·uction By design, UAS and remotely piloted aircraft do not have f11lly functional dual controls. Flight control is accomplished through the use of a control box that communicat e s with th e aircraft via radio commun ications

. The FAA has previously approved exemptions for aircraft without fully functional dual controls

. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, 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 he licopter complies with any route or altitudes prescribed for he licopters by the FAA. This exemption is for a multirotor craft that tlies similarly to a helicopter, with vertical take off and vertical landing, which will typically operate at altitudes of 200 AGL,
so an exemption, may be needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and people will not b e exposed to operati ons without their pre-obtained consent.
The equivalent level of safety will be achieved given the size , weight , speed of the UAS
as well as the location where it is operated. No tlight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property
owner and any onsite personnel as outlined in the Manual , all affected individuals will be
aware of the planned tlight operations. Compared to tlight operations with aircraft or rotorcraft weighting tar more than the maximum 3 lbs

. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently present ed with helicopters and other conventional aircraft operating at or below 400 ft

. In addition , the low-altitude operations of the UAS will ensure separation between these small- 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 sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

### 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 9 I .I5I (a) outlines fue l requirements for beginning a flight in VFR conditions. My UAS is limited to operations in steri l e and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from I4 CFR 9I .I 5I (a). The battery powering the sUAS provides approximately 30 minutes ofpowered flight. To meet the 30 minute
r eserve requirement in 14 CFR §9 1.1 51, flights would be limited to approx imately 5 to l 0 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. I believe that an exemption from I4 CFR §91.151 (a) falls within the scope ofprior exemptions. See Exemption I 0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.I51 (a)). Operating the small UAS, in a tightly contro ll ed area where only people and property owners or official representatives who have signed waivers will be allowed , with less than 30 minutes ofreserve fuel , does not engender the type of risks that Section 91.15l(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally , limiting flights to 5 to 10 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent l evel of safety can be achieved by limiting flights to 5 to I 0 minutes , or enough battery reserve to ensure that the sUAS land s at the ground station with at least 20% ofbattery power (as detennined by the onboard monitoring system and the pilot) , whichever happens first. This restriction wou ld be more than adequate to retum the sUAS to its planned landing zone from anywhere in its limited operating area.
Sim ilar exemptions have been granted to other operations, including Exemptions 2689F, 5745 , I0673 , and I0808.



### 14 CFR 91.405 (a); 407 (a)(l); 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 ofthis 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to me. Maintenance will be accomplished by the operator in accordance with the Phantom 3 Professional's User Manual. An equivalent level of safety will be achieved because these small UASs are very limited in s ize and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual , the operator will ensure that the UAS is in working order prior to ini tiating flight , perform required maintenance, and keep a record 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.Summary:
Aerial Photography and videography for geographical awareness has been around for a long time through manned fixed winged aircraft and helicopters, but for small business owners , its expense has been cost-prohibitive. Approval of exemptions allowing commercial operations ofUASs for aerial acquisition ofdata enhances safety while reducing risk. Manned aircraft in certain application such as pipeline monitoring create a greater risk because the aircraft are much larger and carry an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and , therefore , will not expose them to the risks associated with mmmed aircraft flights. In addition, additional streams of aerial data will allow large commercial entities to make decisions about how to best deploy ground resources and ensure the safety and costeffectiveness of their operations. Further, my small UAS , when used properly, will pose no threat t o the public given its small size and lack of combustible fuel when compared to larger manned aircraft.
Sincerely ,

Michael D. Bauer 40 Heather Circle Nottingham , PA 19362 Home 717-529-6125 Office 610-595-1500 Ext. 246 Cell717-370-4113