September 24th, 2015 Scott Vaupel

6076 Oxford Road North

Shakopee, MN 55379

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room W12­140

1200 New Jersey Avenue, SE.

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

To whom it may concern:

I, Scott Vaupel, a certified Private Pilot (Airplane Single Engine Land), pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, seek an exemption from

Federal Aviation Regulations ("FARs") detailed below for compensation or hire to transact in the following

activities:

● Real Estate Photography and Videography

● Commercial Photography, Videography

● Surveying of Agricultural Land

THE UNMANNED AIRCRAFT SYSTEM (UAS):

I propose to use a lightweight (weighing less than 55 lbs including payload), battery operated 4­motor

rotorcraft that takes off and lands vertically, manufactured by DJI in the following models: Phantom 3 and

DJI Inspire that includes the following equipment in flight:

● An on­board camera capable of capturing imagery as high definition still photos and video;

● An on­board telemetry system that delivers flight data from the on­board flight computer to the

on­board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction

of flight and direction back to its launch site;

● A 2.4GHz on­board radio transmitter that transmits live video from the on­board camera plus all the

flight data from the telemetry system described above;

THE 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 UAS while in the air;

• A 2.4GHz 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 on­board 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.

The requested exemption would support an application for a commercial Certificate of Authorization to use

the above described UAS to support aerial photography and video primarily of real estate property,

commercial property and the surveying of agricultural land.
The UAS is a low­impact alternative to larger aircraft. Powered by batteries, it is smaller, lighter and more

maneuverable than larger aircraft running on combustible fuel. These UAS operate at lower altitudes with

no people on board, greatly reducing risk of death or serious bodily injury. With a small payload and

maximum flight time of less than 30 minutes, this is offers little or no risk to national security.

In addition to the environmental impact and safety mentioned above, a UAS is often an economical

alternative to contracting a full sized aircraft or helicopter for the operations this request would grant.

Photos and video from the angles provided by the UAS serve similar purpose for much less cost to clients,

adding valuable benefit to both buyers and sellers of real estate, commercial enterprise and agricultural

landowners.

The UAS will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 8900.227

Section 14 "Operational Requirements for UAS" and with the following Restrictions:

1. No flight will be made with a UAS Gross weight exceeding manufacture recommendation;

2. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed not

exceeding manufacturer’s recommendation;

3. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate

by voice at all times during a flight operation;

4. All operations must take place within visible line of sight to both PIC and VO.

5. Operations will be restricted to flights over property with the permission of the property owner;

6. The UAS will be piloted at all times by a licensed private pilot with either a current FAA Medical

Certificate or valid driver’s license as outlined in this exemption request.

7. All required permits will be obtained from state and local government prior to operation;

8. The UAS will not be operated within 5 NM of an airport or heliport;

9. Operations will be restricted to day only and weather conditions reported as VFR;

10. The PIC will brief the VO and property owner about the operation and risk before the first flight at

each new location;

11. All flights will begin with a fully charged battery in both the Unmanned Aircraft and the Ground

Station. Operating documents must be present accessible during operation.

12. No flight may be made without a Pre­Flight Inspection by the PIC before each operation to

ascertain that the UAS 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 will perform maintenance on the system and will complete a course of

maintenance instruction as part of their initial training.

I submit for consideration that the combination of the UA'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 (1) through (11) 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.
The name and contact information of the applicant are:

Scott Vaupel

6076 Oxford Road North

Shakopee, MN 55379

(612)432­6039

svaupel@redwoodranger.com

The regulations from which the exemption is requested are listed below. Beside each regulation number is

the page of the attached Addendum upon which each may be found together with our proposed equivalent

level of safety for each regulation:

­ 14 CFR Part 21

­ 14 CFR 91.203

­ 14 CFR 45.23, 45.29

­ 14 CFR 91.9

­ 14 CFR 61.113, 61.133

­ 14 CFR 91.109, 91.119, 91.121

­ 14 CFR 91.151

­ 14 CFR Subpart E (91.401 ­ 91.417)

­ FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l)

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of

safety. Please contact me at any time if you require additional information or clarification.

Sincerely,

Scott Vaupel

Addendum containing Exemption Requests and Equivalent Level of Safety

Appendix A­ Flight Manual

Appendix B­ Preflight Checklist

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Scott Vaupel, request an exemption from the following regulations as well as any additional regulations

that may technically apply to the operation of the UAS:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA

continues to work to develop airworthiness standards for Unmanned Aircraft Systems, we request an

experimental certificate be issued for the UAS under either or both of the following provisions: 21.191

Experimental certificates.
Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft

installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance

with the airworthiness regulations including flights to show compliance for issuance of type and

supplemental type certificates, flights to substantiate major design changes, and flights to show

compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales

demonstrations, and customer crew training, I would expect that an experimental certificate would permit

my commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational

requirements. Combined with the UAS light weight, being constructed in proven, reliable design and

materials, we propose that the UAS will be at least as safe, if not safer, than a conventionally certificated

aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then I request an

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general,

citing the equivalent level of safety outlined above.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that

the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew."

At a maximum gross weight of under 10 pounds, the UA is too small to carry documentation, does not

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of

safety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the

FAA will be co­located with the crew at the ground control station and available for inspection upon request.

In order to identify the aircraft, I propose that the information found on airworthiness and registration

certificates be permanently affixed to the aircraft via placard containing the contact information in this

request plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23, which follows

immediately after the proposed placard description below:

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters

at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least

2 inches high near the entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in

which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it

by the FAA.

I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard

on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while
it is preparing for launch will be able to see the designation. Additionally, the permanent placard discussed

in the previous paragraph will provide the aircraft's registration information at the ground station.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is

in the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry

documentation, and the documentation would not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UA

Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or

preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial

pilot privileges and limitations.

The regulation provides that no person that 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.

I request that a PIC in possession of a private pilot license in addition to a current FAA Medical Certificate

or valid Driver’s License be suitable to grant an exemption to this requirement.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls."

The UAS ground­based control station consists of a small hand­held radio transmitter and while it does not

offer a second set of "controls", both the student and instructor can operate the single set of controls

simultaneously. With both student and instructor having "hands­on" the controls during flight, this technique

meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500

feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400

feet AGL, operations as described cannot comply with this requirement.

In order to provide an equivalent level of safety, flight operations will be conducted only over private

property with the permission of the owner of the property flown over. The aircraft will not be operated over

densely populated areas. The property owner will be briefed on the expected route of flight and the

associated risks to persons and property on the ground. The aircraft will be operated at a low altitude

allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the

surface. Due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal

compared to manned aircraft.
14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not reach or maintain cruising altitudes in order to

prevent conflict with other aircraft. An Above Ground Level altimeter measurement at the takeoff point is

transmitted via radio from the UA on­board computer to the display screen held by the PIC, providing a

constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day­VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

The UAS is battery operated and the maximum duration of flight from a single battery charge is 18 minutes

with a 20% reserve. UAS operations will always be conducted with a fully charged battery, and upon

reaching the reserve, the UAS is capable of autonomously returning to the launch location.

14 CFR Subpart E (91.401­ 91.417)­ Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft

be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.

It is standard procedure that the PIC perform maintenance and inspection of the aircraft and "be authorized

to approve the aircraft for return to service." As provided in the Pre­Flight Checklist in Appendix A, the PIC

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed

inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small

cracks, replacing a propeller, checking electrical connections and updating software and firmware for the

on­board computer. All other maintenance must be performed by the manufacturer or their designated repair

facility. The PIC will document work performed in accordance with 91.417. Due to the size, construction,

and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(l) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second­class medical certificate

issued under part 67 in order to perform as a pilot or observer. The UA maximum gross weight is 6.5

pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO

are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically

incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land

without crew intervention.

I propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a

valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see

and avoid air traffic and maintain visual line of sight; a licensed driver is medically qualified to operate a

much larger vehicle.
APPENDIX A ­ FLIGHT MANUAL

The DJI Flight Manuals for the Phantom 3 and Inspire are available here: www.dji.com/support

Printed copies are to accompany the UAS as detailed in this request.

APPENDIX B ­ PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. UAS launch and recovery location is checked for operations hazards.

3. Motors engage and function normally.

4. Ground station connects to the aircraft and reports normal telemetry to the PIC.