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 pursuant 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 UASs commercially in airspace 

regulated by the Federal Aviation Administration (FAA), so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s), sensors, and small payloads, would operate in the following manner:

 Aerial 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 Operations 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 electrical power lines, wind turbines, cell towers, and 

bridges, under contract with the owners or local government authority.
 Aerial mapping of public or private land for research, records, and disaster 

assessment under contract by the owners or local government authority.

 Aerial data collection using small payloads to include any remote sensing and 

measuring by an instrument(s) aboard an small unmanned aerial system (sUAS).

 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, the 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 regulations. 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 system.” 

Additionally, any PIC (Pilot-In-Command), either myself, or a hired PIC, will hold, at 

minimum, a Recreational or Sport pilot certificate, or will have obtained a current FAA 

Airmen Certification in regard to sUASs.

Regulations from which the exemption 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 

connections made throughout these years allow for a strong communication between 

local businesses as well as with individuals. Being a graduate of the University of 

California 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 

Government. Possessing over 11 years of video production experience and 4 years of 
piloting hobby RC aircraft, 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 assisting in coordinated Search-And-Rescue operations 

with the authorization 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 beneficial resource.

Description 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 Phantom 4/series multi-rotor 

and an XAircraft X650 utilizing a DJI NAZA-M flight control system. The DJI A2 and NAZAM model control systems are readily available for purchase and are assembled by the 

purchaser. The manufacturer includes assembly manuals and system setup procedures 

with the system. The flight characteristics of all multi-rotor UASs are designed to 

primarily 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 22.2v nominal. 

These sUASs maximum takeoff weight 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 when 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 sight 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, Private 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 vision 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 fullscale aircraft. 

• During sUAS operations, the petitioner will place visual notifications at the 

operation site to alert any nearby persons that sUAS operations are in progress. 



• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated with at least 20% battery power reserve should that 

occur prior to the 30 minute limit. 

• The sUAS will be programmed so that it will not be operated at an altitude 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 sUASs operated will weigh less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal, etc.). 

• The sUAS will operate 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, prior 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 unpredicted 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 the operation of the sUAS 

System. The following are also reasons why the exemption would not adversely affect 

safety or how the exemption would provide an equivalent level of safety to existing rule.

CFR Part 21, Subpart H: Airworthiness 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 

conventional 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 carry a substantial external load.

14 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" could 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 

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. My

proposed operations require that the PIC must hold at least a Recreational or Sport Pilot 

Certificate 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 application 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 approved 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 

performance 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 

Regulatory Docket No. FAA– 2015–0315)

14 CFR 91.109: Flight instruction 

Section 91.103 provides 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 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 

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 material 

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 

exception that in circumstances where 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 where 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 and 
participants 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 

associated 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 operator, 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 number 11240 Regulatory Docket No. FAA2014-0894 & High Adventure Air Inc. number 11461 Regulatory 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 airplane 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 landing. The sUASs 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 that 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 than adequate 

to return the UAS to the point 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 the 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 §21.5 
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. 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 will 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 and "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 the 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 sUAS 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 airworthiness of each aircraft is valid and safe for operation.

Preflight Checklist: 

 Survey the flight 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 and 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 elements are performing correctly (receiving 

strong GPS signals along with a calibration of the magnetic compass). 

 Determine that the barometric altimeter or GPS altimeter reflects approximately 

0 feet AGL.

 Check that the aircraft GPS Home-Point is correct.

 Exercise all controls to confirm their functionality. 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 prior to the post flightinspection. 

 Notify non-participants that the operations have ceased for the current flight. 

 Record the flight in a logbook. 

 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 properly tightened and affixed.

 Perform required maintenance in accordance with the manufacturer's flight 

manual.

 Review that the entire flight operations were completed in compliance 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 Transportation 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 services of 

aerial media production, search and rescue, inspection of residential and commercial 

structures and infrastructure, mapping, data collection, and UAS safety 

instruction/demonstration; the general public, government and commercial enterprise

would benefit greatly from these services. These services would normally be cost 

prohibitive utilizing traditional methods, and the use of sUASs allow for a much more 

agile 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 inspections, search and rescue and mapping 
(sometimes over terrain unable to be covered safely by individuals on the ground) in a 

much safer and economically advantageous manner.

By granting this exemption Nikolai de Malvinsky will be allowed to demonstrate UAS 

aircraft capability, systems capability and potential applications to the general public, 

and how the use of such aircraft is done in a safe and professional manner.

The commercial activities and operations described in this exemption request will be 

conducted wholly within the United States.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (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 Malvinsky’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