U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

December 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 of FAA 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 batteries, 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 awareness and possibly new developments in 

photograph following an exemption and approval by the FAA. 

My exemption 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 community 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),subject 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 dimensions 

smaller than the minimal lettering requirement. I understand the need for markings and will 

mark my UAS in the largest possible lettering by placing the word "Experimental" 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 

manufactures 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 size of the aircraft and the requirements 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 equivalent level of safety will be 

provided 
14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

The sUAS, 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 catTy such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping all of the aforementioned 

flight manuals at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: 

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 takeoff and landing distances, and all other actions in the 

Preflight Checklist in the Manual. These actions will provide an equivalent level 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 of battery power, this is 

typically 25% batter 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: "Attention 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 communicates with 

the aircraft via radio communications. 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 helicopter complies with any route or altitudes prescribed for helicopters by 

the FAA. This exemption is for a multi rotor 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 be exposed to operations 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 

presented 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 fuel requirements for beginning a flight in VFR conditions. My UAS 

is limited to operations in sterile 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 of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.1 51, flights would be limited to approximately 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 of prior 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 

controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve 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 level of safety can be achieved by limiting flights to 5 to I 0 minutes, or enough 

battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery 

power (as detennined by the onboard monitoring system and the pilot), whichever happens first. 

This restriction would be more than adequate to retum the sUAS to its planned landing zone 

from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, I 0673, and I 0808. 

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 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 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 size 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 

initiating 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 of data 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 

to 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