### Nikolai de Malvinsky

- Exemption/Rulemaking

Nikolai de Malvinsky 704 Western Drive, Santa Cruz, CA 95060 Tel. 831

- 332
-0314 info@ skybotservices .com 

### U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 **Regulations from which the exemption is requested:** PL 112
- 95 §333 from 14 CFR § 21, 14CFR 45.23, 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109 , 14 CFR 91.119, 14 CFR 91.121 , 14 CFR91.151(a) and (b) , 14 CFR 91.203 (a) & (b), 14 CFR 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c) , 14CFR 91.7 (a ), 14 CFR 91.9 (b) (1) and (2).
Dear Madam or Sir, This petition is p ursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, being an owner and operator of small Unmanned Aircraft Systems ( “UASs” ) , I , Nikolai de Malvinsky, a Santa Cruz , California resident of 30+ years, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of my UAS s commercially in airspace regulated by the Federal Aviation Administration (FAA), so long as such operations are conducted with and und er the conditions outlined herein or as may be established by the FAA as required by Section 333. C ommercial operation of an UAS, as described herein, which are equipped with camera(s), sensors, and small payloads, would operate in the following manner:

 Ae rial media production for public and private use including agricultural and land surveying, research and development, real estate, architecture , engineering, television, public events, cinematography, news gathering and other related professional activities.  Search and Rescue O perations in cases of an emergency or natural disaster only by local authority or government contract or donation.  Aerial inspection of residential and commercial structures and infrastructure including but not limited to ele ctrical power lines, wind turbines, cell towers, and bridges, under contract with the owners or local government authority
. Aerial m apping of public or private land for research, records, and disaster assessment under contract by the owners or local gover nment authority.  Aerial data collection using small payloads to include any remote sensing and measuring by an instrument(s) aboard an small unmanned aerial system ( s UAS).  sUAS operator training to persons individually or belonging to both private or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property. As described herein , t he requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safe operations as appropriate to FAA rules, restrictions, and regulation s. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace syst em.” Additionally, any PIC (Pilot

- In
- Command) , either myself, or a hired PIC, will hold, at minimum, a Recreational or S port pilot certificate , or will have obtained a current FAA Airmen Certification in regard to s UASs. 

### Regulations from which the exempt **ion is requested:** 14 CFR Part 21 14CFR 45.23 14 CFR 61.113(a) and (b) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR91.151(a) and (b) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c) 14CFR 91.7 (a) 14 CFR 91.9 (b) (1) and (2) 

### Personal **Background** Nikolai de Malvinsky has local community involvement going back 35+ years. The co nnections made throughout these years allow for a strong communication between local businesses as well as with individuals
. Being a graduate of the U niversity of C alifornia system, a professional in many trades, Nikolai has a track record of compliance to federal law and public safety guidelines , having also worked for the US G overnment . Possessing over 11 years of video production experience and 4 years ofpiloting hobby RC a ircraft, Nikolai is an advanced RC pilot, is a member of the Academy

of Model Aeronautics (AMA) and has an in
- depth understanding of the capabilities and safety concerns involved in using this technology as an asset to the community. 

### Intent Nikolai de Malvinsky intends to engage in aerial data collection to include any remote sensing and measuring by an instrument(s) aboard an unmanned aerial system (UAS). Examples include but are not limited to imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS. Further intents include a ssisting in coordinated Search

-And

- Rescue operations with the auth oriza tion of local authorities, as well as industry related education /demonstration
. This effort is intended to promote the small Unmanned Aerial System (sUAS) and Unmanned Aerial Vehicle (UAV) industry to the general public as a safe and b eneficial resource. 

### Desc **ription of aircraft and systems** Nikolai de Malvinsky will be operating a DJI Spreading Wings S1000/+ utilizing the DJI A2 flight control system , DJI Inspire 1/series multi

- rotor, a DJI Phanto m 4/series multi

- rotor and an XAircraft X650 utilizing a DJI NAZA
- M flight control system . The DJI A2 and NAZA
M model control systems are readi ly available for purchase and are assembled by the purchaser. The manufacturer includes assembly manuals and system setup procedures with the system. The flight characte ristics of all multi

- rotor UAS s are designed to prima rily hover in place or fly in horizontal flight and operate, in the case of the DJI Inspire 1 and DJI Phantom 4, at less than a 50 knot maximum speed . The DJI Spreading Wings S1000 and XAircraft X650 sUAS will not exceed 87 knots (100 mph). The power source for all sUASs is Lithium Polymer batteries between 11.4v and 22.2 v nominal. These sUAS s maximum takeoff weigh t will be less than 55 lbs., all have a built

- in capability to limit the height flown above the ground and to limit the radius of the distance flown from the operator and to exclude the sUAS from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means that wh en the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely at the original launch point. Each sUAS utilizes four to eight counter

- rotating propellers for balance, control and stability in all segments of flight. They are capable of vertical and horizontal operations but operate only within the line of sig ht of the remote control pilot. The control of all sUASs will be by radio and video transmitters and receivers that are FCC approved.The above specifications meet standards listed below, some derived in accordance with

the Model Aircraft Operating Standards:
• The sUAS PIC's (Pilot in Command) will hold a FAA Sport, P rivate Pilot or Commercial Pilot Certificate , or will hold an FAA Airmen Certification in regard to sUASs. The PIC will also have a current third

- class medical certificate or U.S. driver’s license.
• The PIC will be capable of maintaining VLOS using human vi sion unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.
• Operations will utilize a visual observer (VO). The UAS will be operated within the VLOS of the PIC and/or VO at all times.
• When flying sUAS within 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.
• During sUAS operations, the petitioner will place visua l notifications at the operation site to alert any nearby persons that sUAS operations are in progress.

• Maximum flight time for e ach operational flight will be 3 0 minutes. • Flights will be terminated with at least 20 % battery power reserve should that o ccur prior to the 3 0 minute limit.
• The sUAS will be programmed so that it will not be operated at an alti tude of no more than 400 feet above ground level (AGL) , and not more than 200 feet above an elevated platform from which flight is planned.
• The sUAS s operated will weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal , etc. ).
• The sUAS will oper ate at speeds of no more than 87 knots.
• The PIC will not commence a flight unless there is enough power for the UAS to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater. Actual data for flight endurance will be compiled for each aircraft battery configuration , if not already specified, p rior to the aircraft being deployed for service. Resulting data will be used to limit flights more accurately than the voltage alert can provide.
• Prior to each flight the PIC will conduct a pre

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

-flight inspection will account for all potential discrepancies, e.g. inoperable components, items or equipment. If the inspection reveals any conditions that affect the safe operation of the UAS, the aircraft will not be operated until the necessary maintenance has been performed.
• The operator will maintain, overhaul, replace, and inspect the UAS according to the manufacturer’s recommendations.
• The PIC will abort the flight in the event of unpredi cted obstacles or emergencies.

### The extent of relief sought by Nikolai de Malvinsky and the reason relief is

**sought** Nikolai de Malvinsky requests an exemption from the following regulations as well as any additional regulations that may technically apply to th e operation of the sUAS System. The following are also reasons why the exemption would not adversely affect safety or how the exemption would provide a n equivalent level of safety to existing rule. **CF R Part 21, Subpart H: Airw** **orthiness Certificates 14 CFR §**  **91.203 (a) (1) and (**  **b)** 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 and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate under the conditions proposed will be at least as safe, or safer, than a co nventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide the required degree of safety to the public and property owners, or an increased degree from conventional aircraft . Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to car ry a substantial external load. **1 4 CFR**  **§ 45.23: Marking of the Aircraft and Location 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 sUASs to be operated do not have an entrance, and are by definition “unmanned” as such there are no cockpits or pilot stations in which the word "EXPERIMENTAL" c ould be placed . They may not have a registration number assigned to them by the FAA. I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the housing/fuselage or booms of the UAS, 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
. **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 employm ent 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. My proposed operations require that the PIC must hold at least a Recreational or Sport Pilot Cert ificate or will have obtained a current FAA Airmen Certification in regard to sUASs issued by the FAA, and since the aircraft cannot carry passengers or property, I will meet the intent of 61.113 Subparagraph (b) even though the intent of this applic ation is to conduct a business. **14 CFR 91.103: Pre Flight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA ap proved rotorcraft flight manual will not be provided for an aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performan ce data before initiation of flight. (This request is similar in all material aspects to request for same in grant of exemption for Troy Built Models number 11493 Regula tory Docket No. FAA
– 2015
–0315) **14 CFR 91.109: Flight instruction** Section 91.103 pro vides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functi onal dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. (This request is similar in all ma terial aspects to request for same in grant of exemption for Aerius Flight LLC number 11240 Regulatory Docket No. FAA

- 2014
-0894) **14 CFR 91.119: Minimum safe altitudes** As set forth herein, the UAS will never operate at higher than 400 AGL with the except ion that in circumstances whe re the UAS is used to survey, photograph, or for search and rescue, a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will be operated wh ere buildings and people will not be exposed to operations without their pre - obtained consent. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner andparticipants in the filming activity, all affected individuals will be aware of the planned

flight operations. Compared to flight operations with aircraft or rotorcraft weighing more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associat ed with these operations is far less than those presently permitted with conventional aircraft operating at or below 400 ft. AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 CFR 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 UAS 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 operat or, pursuant to live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. (This request is similar in all material aspects to request for same in grant of exemption for Aerius Flight LLC numb er 11240 Regulatory Docket No. FAA

2014
- 0894 & High Adventure Air Inc. number 11461 Regul atory Docket No. FAA

- 2015
- 0270) **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airpla ne under day

-VFR 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. I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to lan ding. The sUAS s are battery operated and the maximum duration of flight from a single battery charge is currently less than 30 minutes
. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". I believe tha t an equivalent level of safety can be achieved by limiting flights to 30 minutes or at least 20% of battery power/energy
— whichever happens first. This restriction would be more tha n adequate to return the UAS to the poi nt of intended landing with equal or better safety and with a safe level of energy reserve. **14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.** As no such certificate will be applicable in the form contemplated by th e FARs, this Regulation is inapplicable. **14 CFR 91.9 (b)**  **1 and 2 : Civil Aircraft Flight Manual in the Aircraft.**  Section 91.9 (b) 1 and 2 provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5of 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. The UAS, 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 carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS wi ll have immediate access to it. **14 CFR § 91.405 (a) (b) and (d); 407 (a) (1); 409 (a) and (b); 417 (a) (b) and (c):**  **Maintenance Inspections** 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 my intention that the PIC perform maintenance and inspection of the aircraft a nd "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition before and after every flight. Maintenance will be performed by the PIC. Should the UAS require factory maintenance then th e manufacturer or a manufacturer

- designated repair facility will perform the maintenance . The PIC will document work performed in accordance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

### Aircraft Checklists As all s UAS aircraft I would be using are similar in nature ( multi

- rotor, lithium polymer battery powered, similar flight controls, similar standard maintenance, similar operation, etc.), I plan to use one (1) comprehensive checklist for preflight and one (1) comprehensive checklist for post

-flight inspections. These two comprehensive checklists will ensure the airworth iness of each aircraft is valid and safe for operation. **Preflight Checklist:**

 Survey the flig ht area for hazards, such as trees, utility poles, people and other elements that might compromise the safety of the flight, and proceed if deemed safe
.  Inform non

- participants of my flight and ask that they remain clear of the flight zone only.  Check weather conditions for wind speed, cloud cover and any forecast changes that might adversely affect flight safety a nd performance.  Examine the aircraft, looking at connections and searching for any cracks and loose parts.  Check that the propellers are properly tightened and affixed. Check for full battery voltage for the intended flight.

 Determine that the electronic elem ents are performing correctly ( receiving strong GPS signals along with a calibration of the magnetic compass).  Determine that the barometric altimeter or GPS altimeter refl ects approximately 0 feet AGL.  Check that the aircraft GPS Home

- Point is correct
.  Exercise all controls to confirm their functional ity. If one of the controls is not functioning correctly, the flight is to be terminated immediately.
**Post -**  **Flight Checklist:**

 Check that the aircraft is powered down p rior to the post flight inspection.  Notify non

- participants that the operations have ceased for the current flight
.  Record the flight in a log book
.  Inspect the aircraft for damage, structural integrity and any other item that may need maintenance prior to the next flight.  Ensure that all propellers are still p roperly tightened and affixed.  Perform required maintenance in accordance with the manufa cturer's flight manual.  Review that the entire flight operations were completed in compl iance of this exemption and if any incident, accident or flight operation that transgressed the lateral or vertical boundaries of the operational area as defined by the applicable COA, they are to be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents are to be reported to the National Trans portation Safety Board (NTSB). 

### The reasons why granting **Nikolai de Malvinsky ‘s request**  **would be in the public interest**  By granting this exemption request Nikolai de Malvinsky will provide the service s of aerial media production , search and rescue, inspection of residential and commercial structures and infrastructure, mapping, data collection, and UAS s afety instruction/demonstration; t he general public, government and commercial enterprise would benefit greatly from these services. These services would normally be cost prohibitive utili zing traditional methods, and the use of sUASs allow for a much more a gile service . These services when performed in accordance with the safety measures outlined herein pose less harm to the general public than traditional manned aircraft. By granting this exemption Nikolai de Malvinsky will be able to perform a critical role in search and rescue, aiding the public, and will allow safer conduct of certain jobs such as power line, roof, bridge and tower i nspection s, search and rescue and mapping( sometimes over terrain unable to be covered safely by individuals on the groun d ) in a

much safer and ec onomically advantageous manner. By granting this exemption Nikolai de Malv insky will be allowed to demonstrate UAS aircraft capability, systems capability and potential applications to the general public , and how the use of such a ircraft is done in a safe and professional manner. The commercial activities and operations described in this exemption request will be conducted w holly within the United States. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2 012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide adequate justification to grant Nikolai de Malv insky’s requested exemption allowing Nikolai de Malvinsky to operate safe, low

- risk commercial sUAS operations for the activities stated. Nikolai de Malvinsky at all times; will respect the safety, space , privacy and property of citizens, whilst keeping our skies safe. Sincerely, Nikolai de Malvinsky