1 August 9

, 2015

Sergey Anisimov

218 Ross Avenue

Hackensack, NJ 07601

T: +1 551 574 5698

anisimovsergey@aol.com

U.S. Dep artmen t of Transp o rt ation

Doc ket Man a gemen t System

1200 New Jerse y Ave., SE

Washington

, DC 20590

Re: Exemption Reque st Under Section 333 of the FAA Reform Act and Part 11 of the Fed eral

Aviation Regulation s

Dea r Si r or Mad a m:

Pursuant t o Sec tion 333 of the F AA Modernization and Reform Act of 2012 (the “Reform A ct”),

Sergey Anis imov

, t he operator o f small Unmanned A ircraft S ystems (“sUAS”), seeks an

exemption from t he Federal A viation Regulations (FARs ”) l isted below and discussed in

A ppendix A

. A ttached as A ppendix B i s s ummary of this r equest.

Th e re quested exemption would permit co mmercial oper ation of Sergey Anisimov 's

, sUAS's,

w hich weigh between 5 and 25 lb s for t he pur pos e of ae rial phot ography, ae rial v ideography,

aer ial inspections

, and o ther sUAS flight oper ations that c onsist o f still phot ographs and

videography taken by onboa rd cameras. U se o f t he s UAS for aerial phot ography, aer ial

v ideography and aer ial i nspections, and other s UAS flight ope rations w ill r educ e the need t o

utilize conventional manned aircraft, manned l ifting dev ic es or m anned climbi ng for

t he same

purpose and pr ovide hig h quality di gital i magery at a fraction o f t he c ost. These savings result

i n enhanc ed safety, efficiency and productivity f or t he affected ac tivities, as w ell as

env ironmental bene fits. Sergey Anisimov pl ans to implement the capabilities o f s UAS t o offer

servic es i ncluding:

• Aerial Photography

• Aerial Videography

• Aerial Inspections

• Other sUAS flight operations

Operations under the exemption will be subject to strict operating requirements and conditions

to ensure at least an equivalent level of safety to currently authorized operations using

manned aircraft and under conditions as may be modified by the FAA as required by Section

333.

As described more fully below, the requested exemption would authorize commercial

operations of aerial photography, aerial videography, and aerial inspections or other sUAS2

flight oper ations u sing s UAS w hich weigh le s s than 25 lbs and are sma ll i n size ( se e th e

attache d O& M manual s ). The sUAS's will be operated under controlled c onditions at l ow

alti tude in airspace that is lim ited in scope, as described more fully he rein; it will have

automated control features, as de scribed below and in the O&M manuals. Sergey Anisimov

will maintain full general liability aviati on at all times o n aircrafts. Furthermore, t he sUAS also

will be operated by an individual who has passed an FAA approved Private Pilots ground

training exam, medical certification and a required manufacturer’s t raining program for t he

sUAS. Finally, the airspace in which the sUAS will operate will be Class G airspac e or

airspace approved by the FAA i n advance.

Sergey Anisimov respectfully s ubmits that because these small, unmanned aerial v ehicles wil l

be us ed in lieu of c omparativ ely hazardous operations now conducted with fixed wing and

rotary conventional ai rcraft or other manned mean , the FAA can have confidence that t he

operations will achieve at least an equivalent level or greater level of safety. Approval of t hese

exemptions would thereby enhance safety and fulfill the Secretary of Tr ansportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft s ystems in the national ai rspace system.”

T he na m e and ad dr ess o f t he app li cant a re:

Sergey Anisimov

218 Ross Avenue

Hackensack, NJ 07601

T: +1 551 574 5698

anisimovsergey@aol.com

T he regulati ons fr om which t he exempti on is requ ested are as fo ll o ws:

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. 61.133(a);

14 C.F.R. 91.7(b);

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

14 C.F.R. 91.109(a);

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. 91.405(a);

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

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).3

A ppend ix A d iscusses e ach rule li st ed abo ve and explai ns why exempti ons pu r sua n t to t he

pr oposal s e t forth in this le tt er are ap pr op riate, provi de an equival ent lev el of safety

, and are i n

t he pub li c inter es t.

THE AP P LICABLE L EG AL ST ANDARD UNDE R SEC TI O N 333

Sergey Anisimov submits that g rant of this e xemption application for use of t he proposed

UAS's in of aer ial pho tography, aer ial v ideography, and aerial i nspections, and other s UAS

flight oper ations will adv ance the Congressional m andate in Section 333 of the Reform Act to

accelerate the introduction of UASs into the national ai rspace system (“NAS”) if i t can be

accomplished safely. This law directs the Secretary of T ransportation to consider w hether

certain UASs may operate safely in the NAS before completion of the rulemaking required

under Section 332 of the Reform Act. In making this determination, t he Secretary is r equired

to determine which types of UASs do not c reate a hazard to users of the NAS or the publ ic or

pose a threat t o national s ecurity in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and populated areas; and

• O pe rati on o f t he UA S within vi sual li ne of sight o f t he op erator.

Refor m Act § 333 (a )( 1). If t he S ec retary de termi nes that s uch v eh icl es “m ay ope rate safely i n

the national airspace system, the Secretary shall establish requirements for the safe

operation of suc h aircraf t in the national airspace system.” Id

. §333(c) (emphasis added). 1

T he Fede r al Aviati on A ct e xpr ess ly grants t he FA A t he authority to issue exempti ons. Thi s

statutory aut ho rity, byits term s, i nc l udes exempting civi l a ircraft, as t he term is defi ned und er

§40101 of t he Act

, fr o m t he requirem ent tha t a l l c ivi l a ircraf t must ha ve a cu rr ent airwo rt hi ness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

T he Administrato r m aygr ant an exempti on fr om a requirem ent of a regulati on

pr esc ri bed under subse cti on (a) o r ( b) of this secti on or any of sec ti ons

44702

- 44716 o f this title if t he Administrato r finds t he exempti on is in t he

pub li c inter es t.

1 Applicant submits that t his provision places a duty on the Administrator to not onl y process applications for exemptions under Section 333, but f or the Administrator, i f he deems the

cond itio ns pro posed he rein require mo d ificatio n in order to al l ow app roval, to supp ly cond itio ns

for t he safe operation of t he UAS

. Sergey Anisimov welc omes the opportunity to consult with

FAA s taff in order

t o address any issues or c oncerns that t his proposal may raise that t hey

believe may require mo d ification.

49 U.S.C. §4470 1( f)

. See also 49 US C §4 4 711 (a) ; 49 US C §4470 4; 14 C FR §91

. 203 (a )( 1).

T he grant o f t he req ue st ed exempti on is in t he pub li c inter est base d on t he cl ear directi on i n

S ect i on 333 o f t he Reform Act ; t he add iti onal au t ho rity in t he Fede r a l Aviati on Act, as am ended;4

t he s tr on g equival ent l evel o f safet y su rr ound in g t he pr oposed ope rati ons; and t he significan t

public benefit, i ncluding enhanced safety and cost savings associated with transitioning to

UASs for aerial phot ography, aer ial v ideography, and aerial i nspections and other

. Accordingly, t he applicant respectfully r equests that the FAA grant t he requested exemption

without delay.

Airworthiness of t he sUAS

A cr itical el ement o f the exemption application involves evidence of the airworthiness of the

sUAS. Th e F edera l A viatio n Ac t (4 9 U. S .C.§4470 1 ( f) ) an d S ectio n 3 33 o f th e Re for m A ct

bot h au thoriz e th e FA A to ex emp t ai rcraf t f ro m th e r equiremen t fo r a n ai rworthines s ce rtificate,

upo n consideratio n o f th e size

, weight

, speed

, operationa l capability

, an d proximit y t o airports

an d populate d area s o f th e particula r sUAS

. Ou r smal l UAS' s wil l operat e a t lo w spee d i n a

controlle d environment

, a t l eas t fiv e mile s fro m a n airpor t. A n analysi s o f t hes e criteri a

demonstrate s tha t th e UAS oper ate d wi thou t a n ai rworthines s ce rtificate

, i n th e r estricte d

en vironmen t an d u nde r t he condition s pr opose d wil l b e a t le as t a s sa fe

, o r s afer

, t ha n a

c onventiona l ai rcraf t (f ixed win g o r he licopter ) op eratin g wit h a n ai rworthines s c ertificat e

wi thou t th e r estriction s a nd condition s p roposed.

RISK M ITIGATION

Sergey Anisimov ha s r eview ed FAA e xemptions r eferences 1 -3 Condition and Limitations

sections a nd believes t hat procedures s pecified therein are reasonabl e a nd will b e ut ilized in

order t o manage and mitigate risk and ensure public s afety. A preflight c hecklist d evelo ped and

employed to ensure that the sUAS a irworthiness will b e verifi ed before launch. A irworthiness will

be maintai ned by p erformanc e of r outine inspections b efor e each flight, m aintaining f light an d

maintenance logs t o record time failure pr one components.

Sergey Anisimov r equests t hat i n a manner s imilar t o referenc e 3, he be allowed to operat e

within 5 miles of an airport pr ovided that;

“ The UA may

not o perate i n Class B

, C, or D a irspace

w ithout w ritten approval

from t he FAA. T

he UA m ay

not operate within 5 nautical m iles of t he geographic

c enter of a non

towered airport as denot ed on a c urrent F AA

- published aeronautical chart unl ess a letter

of

agreement

w ith that a irport’s m anagement

i s obtained, and the operation i s co nducted

accordance

w ith a NOTAM as

r equir ed by t he operator’s COA. T

he letter of agr eement w ith the

ai rport m anagement

m ust be made available to the Administrator u pon request.”

Operations within five (5) m iles of an airport ar e not ant icipated to be routine, but Sergey

Anisimov is r equesting a mechanism t o facilitate such activ ities without r equesting a new an d

separate exemption(s) s hould t he need arise. O perations within Class B a irspac e are not

r equested due to lack

of m ode C t ransponder.

Mandatory Operating Conditions (see O&M and Safety Lists)

Grant o f the ex empti on to Sergey Anisimov w ill be subject t o t he following mandatory c onditions,

w hich are based upon operating conditions set forth for operation of

sUAS by public ent ities pursuant to Certificates of Authorization, with additional

restrictions :

• Al l ope rati ons to oc c ur in Cl ass G airspa ce.

• O pe rati ons to be condu ct ed ov er private or con tro ll ed -access property.

• Pe rm issi on fr om l and ow ne r/ con tr o ll er requir ed be fore comm enc ing any flight.5 • O pe rati ons to oc cur du ri ng Vi sual F li g ht Rul es Met eo rologi cal C ond iti ons (VMC).

• Ai rcraf t to remain within Vi sual L i ne of Sig ht (VLOS).

• A bo ve Gr ound Le v el (AG L) a ltit ude to be r es trict ed to 400 f ee t.

• Al l ope rati ons conduc t ed in vicinity of air po rt to remain more t han 2.5 NM fr om

cen ter li ne a zimuth of r un w ay cen ter li ne m eas ur ed fr o m runway thr esho l ds.

• Al l requir ed permissi ons and pe rmits w il l be ob tai ned from territorial, state, cou nty or

cit y jurisdicti on s, i nc l ud i ng l ocal law en forcem en t, fir e, or other app r op riat e

governmental ag enc ies.

O per at or R eq uire m en ts

Sergey Anisimov respectfully proposes that ope rator requirements s hould take into

account t he characteristics of the particular sU AS. Certain UASs, such as the DJI Inspire

1, and DJI Phantom 3 Professional , a re characterized by a high degree of control and

various built -i n technical c apabilities that limit t he potential for operation outside of the

operating conditions set f orth above

. Please see details in the attached O&M manuals for

eac h in Appendix B

.

Additional aut omated safety functions and safety enhancing features of the sUAS's include

the following:

• Auto

- pilot detection of lost GPS or of insufficient satellites initiates an

immediate return to aircraft take

- off location ("home")

• Low pow er on t he aircraft tr iggers escalating ala rm s at GCS at 35% and 10%

levels.

• If t he auto-p il ot de tects a l os t- li nk to t he GCS for long er t han 30 secon ds,

l and in g p r ocedu re begi ns.

Given these safety features, Sergey Anisimov proposes that operators of the sUAS should

not be required to hold a commercial or private pilot certification. Instead, operators

should b e required t o:

• have successfully completed, at a minimum, FAA private pilot ground

school instruction and passed the FAA Private Pilot written examination or FAA

recognized e quival en ts;

• have completed the manufacturer’s training or a minimum of 40 hours training

program for operation of the sUAS's.

Sergey Anisimov notes that the FAA has found that safety factors permitted operation of sUASs

by o perators with these qualifications in the case of o perations pursuant t o public COAs when

the mandatory operating conditions specified above were present. See Federal A viation

Administration

, Notic e N-8 900.227, U nmanned Aircraft Systems (UAS) O perational Approval, at

20 -2 1 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the

requirements for and privileges associated with the grant of airmen’s ce rtificates. 49 USC

§44701 (f).

* * *

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A

to allow commercial operations of a sUAS's conducting precision aerial inspections or surveys.6

Approval of the exemption allowing commercial o perations of the sUAS for precision inspection

and survey work will enhance safety by reducing risk. Conventional aer ial photography, aer ial

videography and aerial inspection operations, using helicopter or piston

- powered aircraft

present r isks associated with vehicles t hat we igh in the neighborhood of 5,000 to 7,000 lbs., or

more, ca rry large quantities of f uel, passengers, and, in some cases, cargo. Such aircraft mu st

fly to and from t he l ocation. O ther conventional manned climbing or manned lifts risk safety

hazards associated with fall s, el ectrical hazards, fuel related hazards, and inhalation hazards

associated with the structures bei ng inspected. In contrast, a sUAS weighing less t han 25 lbs.

and powered by batteries el iminates a portion of that r isk given the reduced mass and lack of

combustible fuel ca rried on board a manned aircraft and the lack of risks associated with

manned lifts or manned climbing appa ratus. The sUAS will carry no passengers or c rew and,

therefore, will not expose any i ndividuals to the risks associated with manned aircraft f lights,

manned lifts or climbing hazards.

Additionally, no national security issue is r aised by the grant of the requested exemptions.

Given the size, load carrying capacity, speed at which it operates, and the fact t hat it ca rries no

explosives or other dangerous materials, t he sUAS poses no threat to national se curity.

The operation of the sUAS, weighing less than 25 lbs., for aerial pho tography, aerial

videography, and aerial inspections in accordance with the strict conditions outlined above

, will provide an equivalent level of safety s upporting the grant o f the exemptions requested

herein, i ncluding exempting Sergey Anisimov from t he requirements of Part 21.

The sUAS’s satisfaction of the criteria set forth in Section 333 of the Reform Act —si ze, weight,

speed, op erating capab ili ti es, lack of proximity to air po rt s, op erati on withi n visual line of sight,

and national security —a nd its showing of an equivalent level of safety as it m ay relate to the

re quirement for FAA training, pr ovide more than adequate justification for t he grant of the

requested exemptions allowing commercial oper ation of t he sUAS in the commercial aerial

photography, ae rial v ideography, and aerial i nspections business.

Sergey Anisimov i s r equesting this ex empti on for t he pur pose o f aer ial pho tography, aer ial

videography, aer ial i nspections and ot her f light op erations that may ar ise. The r eason for s u ch

a general bas ed ex emption request i s t o i ntegrate a horizontal bus iness m odel i n order t o

capitalize on vast oppor tunities i n the future w ithout del ay i n additional ex empti on requests.

Very tr uly yo u rs,

Sergey Anisimov

Enclosures:

Appendix A: Exemption Request and Equivalent Level of Safety Showings

Under Applicable Rules Subject to Exemption

Appendix B: Operation and Maintenance Manuals:

• DJI Inspire 1

• DJI Phantom 3 Professional7 A PP END IX A

EXE MPT IO N RE Q UEST AND EQUIVALENT LE VEL O F SAFETY SH OWINGS UNDE R

APPLICAB LE RU L ES S UB JECT TO EXE MPT IO N

Sergey Anisimov requests an exemption from t he following regulations as well

as any addi tional r egulations that m ay technically apply to the operation of the

sUAS's:

14 C.F.R. § 45 .23(b): Ma rk in g of th e A ir cra ft

T he regulati on provi des:

W he n marks i nc l ude on ly t he Rom an cap it al le tt er “N” and t he regis tr ati on

nu m ber is display ed on li mit ed, restrict ed or lig ht

- spo r t ca tegory aircraf t or

ex pe rim en t al or p rovisi ona lly ce rt ificat ed aircraft

, t he op erato r must also displ ay

on that aircraf t near each en tr ance to t he cab i n, c oc kpit , or p il ot stati on, in le tt ers

not l ess t han 2 i nches no r more t han 6 i nches hi gh, t he wor ds “ li mit ed

, ”

“r es tr icted, ” “light- spo rt,” “ex pe rim en ta l, ” o r “provisi ona l,” as app li cab l e.

The sUAS's has no entrance to the cabin, co ckpit, or pi lot station on which the word

“Experimental” ca n be placed. Given the size of the sUAS, t wo

- inch lettering will be

impossible. The word “Experimental” will be placed on the forward fuselage in compliance with

§ 45.29(f). T he equivalent level of safety will be achieved by having the sUAS marked on its

forw ar d fuselage as required by § 45.29(f) where the pilot, observer, and others working with

the UAV w ill see the identification of the sUAS as “Experimental.” The FAA has issued the

followin g exemptions to this r egulation to Aerial Pros, Exemption No. 10700, and to others,

including Exemption Nos. 8738, 10167 and 10167A.

14 C.F.R. Part 2 1, S ubpart H : A irworthi ness C er ti fi cat es

14 C FR § 91. 203 (a )( 1)

Subpart H, entitled Airworthiness Certificates

, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by Sergey Anisimov

, an

exemption f rom Part 21 Subpart H meets the requirements of an equivalent le ve l of safety

under Part 11 a nd Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, and proximity to airports of the particular UAS. Our small sUAS's will be

operated at low speed in a controlled environment, at least five miles from an airport. An

analysis of t hese criteria demonstrates that the sUAS's oper ated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as

safe, or safer, t han a conventional aircraft (fixed wing or helicopter) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is l ess than 25 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator, pursuant to the Manual's requirement s, and under8

the requirements and in compliance with local public safety requirement s, to provide security

for the area of operation as is cu rrently done on active construction sites.

These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, power plant sites and the like provide a greater degree of safety to the

public and property owners than conventional operations conducted with airworthiness

ce r tificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS,

due to its si ze, speed of operation, location of operation, lack of explosive materials o r

fla mmable l iquid fuels, and ability to carry an external load no greater than two lbs.

14 C.F.R. § 61

. 11 3( a) & (b) ; 6 1. 133 (a) : Private P il o t Priv il eges and Limitati ons; P il o t in

C ommand; Com merc ial Pi l o t Priv il eges and Limitati ons.

Section 61.113(a) & (b) l imit p rivate pilots to non

- commercial oper ations. U nlike a

conventional ai rcraft that ca rries a pilot, pa ssengers, and cargo, t he sUAS in this case is

remotely controlled with no passengers or p roper ty of others on board. Section 61.133(a)

requires an individua l with a commercial pilot’s license to be pilot in command of an aircraft for

c ompensation or

hi re. Sergey Anisimov respectfully proposes that ope rator r equirements

should take into account t he characteristics of the particular sUAS. Sergey Anisimov sUAS has

a high degree of control an d various built -i n technical c apabilities that strictly limit the potential

for o peration outside of t he operating conditions set forth in the exemption application.

The sUAS has navigation and control sy stem comprised of a Ground Control S tation (GCS) and

auto

- pilot system. All flight s utilize precision GPS guidance. In the case of unplanned events,

the operator

i nputs evasive maneuvers from t he control uni t, an d the control uni t ex ecutes t hat

maneuver. Operator interventions include diversion to the right; in itiation of hol ding at present

position; su spension of mission; f ly back to launch point; f ly to point and hold; abort m ission and

land; and emergency power cut off and land (Flight T ermination System).

Given these safety features, Sergey Anisimov proposes that operators of the sUAS should not

be required to hold a commercial or private pilot certification. Instead, operators should be

required to:

• ha ve successfu ll y complet ed, at a minimum, FAA private p il ot gr ound

ins tr ucti on and passed t he FA A Privat e P il ot wri tt en exami na ti on or FAAr ec ogniz ed

equival en ts;

• have completed manufacturer's training program or a minimum 40 hours

training program for operation of the UAS.

Sergey Anisimov notes that t he FAA has found that s afety factors permitted operation of sUASs

by o perators with these qualifications in the case of o perations pursuant t o public COAs where

the mandatory operating conditions specified above are present. See Federal Aviation

Administration

, Notic e N-8 900.227, U nmanned Aircraft Systems (UAS) O perational Approval, at

20 -2 1 (July 30, 2013). The FAA has the statutory authority, gr anted at 49 U.S.C.§44701(f) t o

waive the pilot requirements for c ommercial ope rations.

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of the sUAS without a private pilot’s certificate or a commercial pilot’s

certificate, under the conditions set forth herein.9

The risks associated with the operation of the sUAS (given its size, speed, operational

capabi l ities, and lack of combustible fuel) are so diminished from the level of risk associated

with private pilot operations or co mmercial ope rations contemplated by Part 61 with

convent ional aircraft ( fixed wing or r otorcraft), t hat al lowing operations of t he UAS as set forth

above meets o r exceeds the present level of safety provided under 14 C.F.R . § 61.113(a) & ( b)

and does not r ise to the level of requiring a commercial pi lot to operate the aircraft under

§ 61.133(a).

14 C.F.R. § 91 .7(a) : Civi l a irc ra ft airworthi nes s.

This regulation requires that no person may operate a civil a ircraft u nless it is in airworthy

condition. Should the exemption be granted allowing commercial oper ation of the sUAS without

an airworthiness certificate, no standard will exist for a irworthiness of the sUAS. Given the size

of the aircraft and the requirements that hav e pr esumably already been met for the sUAS (for

instance, the sUAS’s Operations and Maintenance Manual and Safety Manual and Checklist),

an equivalent level of safety will be achieved by i nsuring compliance with the manuals prior to

each flight.

14 C.F.R. § 91 .9(b)(2): Civil A i rcra ft F li gh t Ma nual in t he A i rcra ft.

T he regulati on provi des:

No pe r son m ay ope rate a U. S. -register ed civi l a ircraf t ...

For which an Ai rpl ane or Rotorcraf t F li ght M anual is not requir ed by §21 .5

(2) of this chapter, unless there is available in the aircraft a current approved

airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

Given the size and configuration of the sUAS, it 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 carry such an item on the aircraft.

The eq uivalent level of safety will be achieved by keeping the flight manual ( see

, e.g.

, User

Guide, Exhibit 4) at the ground control point where the pilot flying the sUAS will have

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

regulati on: Exempti on N os. 860 7, 873 7, 8 738, 9 2 99, 9299 A, 956 5, 9565 B , 10167, 10167A,

10602, 3282 7, and 107 0 0.

14 C.F.R. 91.103: Preflight 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 and Safety Checklists. These actions will provide an

equivalent level of safety.

14 C.F.R. § 91

. 10 9( a) & 91

. 319 (a )( 1) : F li gh t Inst ruc ti on

T hese regulati ons provi de that no pe r son m ay ope rate a civi l a ircraf t (ex cept a m anned fr ee

ba ll oon) t hat is be ing us ed for flig ht i ns tructi on un l ess tha t a ircraf t has fu ll y f unc ti on ing dual

con tr ols.10

The sUAS is a remotely piloted aircraft and by design, does not hav e fully functional dual

co nt rols. Flight co ntrol is accomplished through the use of a control box that communicates

with the aircraft via radio communications. If instruction is accomplished through a training

program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has

approv ed exemptions for f light t raining without f ully functional dual co ntrols for a number of

aircraft and for

f light instruction in experimental ai rcraft. Se e Exemption Nos. 5778K & 9862A

. The equivalent level of safety will be achieved by the manufacturer p rov iding the training as

outlined.

14 C FR § 91. 119: Mini mum Safe A ltit udes

S ect i on 91

. 119 est ab li shes safe altit ud es f or ope rati on of civi l a ircraft

. Sp eci fica ll y, 91

. 11 9( c)

li mits aircraf t flyi ng ov er a r eas ot her than congest ed ar eas to an altit ude o f 500 f eet abo ve t he

surf ace , ex cept o v er op en wat er or sp arsely popu lat ed ar ea s. In t hose ca ses, t he aircraf t m ay

not be ope rat ed cl ose r th an 500 f eet to any pe rso n, vessel, v eh icl e, or s tr ucture.

As set forth herein, t he sUAS will nev er operate at higher t han 400 feet A GL. B ecause aerial

photography, ae rial v ideography, and aerial i nspections must be accomplished at relatively low

altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is

needed.

14 C.F.R § 91. 121 Altimeter S ettings

Sergey Anisimov requests a n exempti on from 14 C .F.R. 91 .121. This P art pr ovides g uidelines

for a ltimeter

us e bel ow 18, 000 feet m ean sea level ( “MSL”) i n maintaining the cruising altitude

or f light l evel of t he aircraft. Sergey Anisimov ope ration of the sUAS w ill not ex c eed 400 feet

A GL and will be operated in a fashion that i s no t a s ustained cruising flight s uch as a manned

ai rcraft w ill typically f ly. T he ground station has l iv e feedback and GPS i nformation about the

s UAS, includi ng but not l imit ed to the hei ght o f the s UAS, i ts forward velocity, and compass

headi ng. The oper ator

w ill be able to obs erve and c ontrol t he maximum hei ght o f t he sUAS.

A dditionally, the sUAS w ill be operated within the line of s ight. Therefore, t he equivalent l evel

of s afety provided by S ection 91.121 will be met.

14 C.F.R. § 91

. 15 1(a): Fuel R equ i reme nts f or F li gh t in V F R C on ditions

This regulati on pr oh ibits an i nd ivi du a l fr om beginni ng “a flight in an airplane under V FR

cond iti ons unless ( cons i de ri ng wi nd and for eca st w ea t her cond iti on s ) t he re is eno ugh f uel to fl y

to t he fir st po i n t of int en d ed l and i ng an d , ass umi ng no rm al cr uisi ng speed – (1) During t he da y

, to fly a ft er t hat for at l ea st 30 mi nu te s; o r (2) At night

, to fly a ft e r tha t f or at l east 45 mi nu tes.”

The sUAS batteries provide approximately 15

- 30 minutes of powered flight. Without an

exemption fro m § 14 CFR 91.151, t he sUAS’s f lights would be limited to approximately 20

minutes in length. Given the limitations on its proposed operations and the location of t hose

proposed operations, a longer t ime frame for

f light in daylight V FR c onditions is reasonable.

Sergey Anisimov believes that an exemption from 14 CFR § 91.151(a) i s safe and within the

scope o f a prior exemption. Se e Exemption 10673 (allowing Lockheed Martin Corporation to

operate without compliance with 91.151(a)). Operating the small UAS, w ithout 30 minutes of

reserve f uel does not engender t he type of risks that S ection 91.151(a) was meant t o prevent

g iven the s ize and speed at which the UAS oper ates. The fact that i t c arries no pilot,

pas senger, or cargo11

also enhances its safety. Additionally, limiting sUAS flights w ould greatly reduce their utility. In

the unlikely event that t he sUAS should run out of bat tery ch arge, i t would simply l and. G iven its

weight and construction material, t he risks are less than contemplated by t he current r egulation.

Sergey A nisimov believes that an equivalent level of safety can be achieved by maintaining 10

minutes of reserve battery

, which, allows appr oximately 30 minutes of flight time

, bu t Sergey

Anisimov lim its a ll flight s to no greater t han 20 m inutes, w ould be more than adequate to return

the sUAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. § 91

. 203 (a) & (b) : C arr yi ng Civil Ai rcra f t C er tifi ca ti on and R eg istra ti on

This regulati on provi des as fo ll ows:

( a)

. . . no pe r son m ay ope rate a civi l a ircraf t un l ess i t has

. . . an ap pr op riat e

and curr ent a irwo rt hi ne ss certificate.

( b) No pe r son m ay ope rate a civi l a ircraf t un l ess t he airwo rt hi ness certifi ca te

requir ed by pa ra gr aph (a) of this secti on or a spe ci al flig ht au thorizati on i ssued

under §9 1. 715 is displ ayed at t he cab in or coc kp i t en tr ance so t hat it is legible t o

passen gers or crew.

The sUAS's fully loaded weighs no more than 25 lbs. As such, there is no ability or place to

carry certification and registration documents or to display them on the sUAS. In addition,

there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the sUAS will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F. R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

S ec ti on 91

. 40 5( a) requir es that an aircraft op erat or or ow ner “ sha l l ha ve t hat aircraft i nspe ct ed

as prescri bed in subpa r t E of this par t and sha l l be tw een requir ed i nspe cti ons, ex cept as

provi ded in pa ra gr aph (c) o f this secti on, ha ve discr epanc i es r epa ir ed as pr esc ri bed in pa rt 43 o f

this cha pt er . . .

. ” S ec tion 91

. 407 sim il arly mak es refer ence to requirements in Par t 43; S ec ti on

91

. 409 (a )( 2 ) r equir es an annual i nspec ti on f or t he i ssuance of an ai r wo rt hi ness ce rt ificat e.

S ec ti on 91

. 41 7( a) requir es t he ow ner or ope rat or to k eep r eco rds sho wi ng certain maint enance

work t hat has been acc omp li shed by certificat ed m echan i cs, under Part 4 3, or li censed p il ots

and r ec or ds o f app rov al of t he aircraft fo r retur n to servi ce.

Maintenance of the sUAS's will be accomplished by the owner/operator pursuant to the

manuals. An equivalent level of safety will be achieved because the sUAS is small in size, will

carry no external payload, will operate only in restricted predetermined areas and is not a

complex mechanical devise. As provided in the attached Maintenance Manual and the Safety

Checklist, the trained operator of sUAS will ensure that the sUAS is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance that is

performed. Moreover, the operator is the person most familiar with the aircraft and is best

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of

safety.12 A PP END I X B

SU MMAR Y O F TR IM B LE SEC T IO N 333 EXE M PT IO N RE Q UEST

Sergey Anisimov hereby provides pursuant to Part 11 a summary of its

exemption application to allow commercial operation of the DJI Inspire 1, DJI P hantom

3 Professional sUAS's for aerial photography, aerial videography, and aer ial

inspections. An exemption is requested from the following regulatio ns:

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. 61.133(a);

14 C.F.R. 91.7(b);

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

14 C.F.R. 91.109(a);

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. 91.405(a);

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

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).13



## Operation and Maintenance Manuals & Safety Guideline s

Appendix B



# • DJI Inspire 1 User Manual (EN) v1. 4



# o http://download.dji-innovations.com/downloads/

inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf



# • DJI Phantom 3 Professional User Manual (E N ) v1. 2



# o http://download.dji-innovations.com/downloads/

phantom_3/en/

P hantom_3_Professional_User_Manual_v1.2_en.p

df