October 2, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c);91.121;

91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) &(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Ryan Traxler, operator ofan

Unmanned Aircraft System (UAS), hereby apply for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allowcommercial operation of its UAS, so long as such operations are 

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

required by Section333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections45.23(b),

91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1),

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). Thisproposed

exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial

videography and photography of real estate and cinematic events.

Applicant:

Ryan Traxler

2844 Raxit Ct.

Xenia, Ohio 45385

ryantrax@gmail.com

(937) 572-0227

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

would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estateand

other related professional activities.

• Aerial video and/or photography for public and/or private use including public andprivate

events.

As described fully below, 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 safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation responsibilities to “....establish requirements for the safe operationof

such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Advanced which is comprised of an 

unmanned aircraft (UA or Phantom), an attached 2.4K camera and atransportable ground station.

The PHANTOM 3 is a quad---copter with a gross weight of 2.8 pounds. It is equipped with four rotors 

that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It

will be operated over various metropolitan areas, primarily around Dayton, Ohio, to augment real 

estate listing videos, capture event areal video and photography, and related business operations.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures

a level of safety at least equal to existing rules:

• operate UAS below 300 feet and within a radius distance of 1000 feet from the controllerto

aid in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures when

operations may be conducted closer than 500 feet to any such vessels, vehicles orstructures;

we will conduct a safety assessment of the risk of operating closer to those objects and

determine that it does not present an undue hazard;

• operate the UAS for 18-20 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers andthen

slowly lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warningsign

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) containedin

the operating documents and will actively analyze flight data and other sources of

information to constantly update and enhance safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of his

estimated flight time, flight duration, elevation of flight and other pertinentinformation;

• always obtain all necessary permissions prior to operation; have procedures in placeto

abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power lines,

elevated lights, airports and densely populated areas (defined by areas depicted in“yellow”

on VFR charts and through obtaining information regarding congested areas from the local

Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carriesprimary

importance (reference PHANTOM Flying Flow Chart and User Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote areas as

hobbyists simulating flights for future commercial use to gain familiarization with thecharacteristics

of the UAS’ performance under different temperature and weatherconditions.
Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi---rotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as 

a UAS pilot operating the same make and model of UAS to be used for operations. In addition to the 

hour requirements, the PIC will accomplish 3 take---offs and landings in the preceding 90 days (for 

currency purposes) prior to any flight.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feelan

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§

91.203(a) and (b) (Certifications required), subject to certain conditions andlimitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

Section 333 of P.L. 112---95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, the two---inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the 

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft withoutan

airworthiness certificate, since there is currently no certificate applicable to our operation,this

regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections since they only apply to aircraft with an airworthiness certificate.However,

as a safety precaution we will perform a preflight inspection of the UAS before each flight asoutlined

in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft,

however since there are no pilots or passengers on board the aircraft and given its size, this

regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a

safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We willnot

operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only operatein

safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or

below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and

speed of the UAS, an equivalent or higher level of safety will beachieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable sincethe

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFRconditions.

The UAV is 100% electric and two low battery alerts are issued --- per the operating documents, the 

UAV will be landed at the first alert. Also, our flights will last only 18-20 minutes each, and the UAS

has an automated function, which results in immediate landing when a low battery is detected.
The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is

enough power to fly to the first point of intended landing and, assuming normal cruising speed, land 

theUA with 30% battery power remaining.

Public Interest

Aerial photography and videography for real estate and events are proven strategies to enhance

marketing efforts and increase business success. The industry is not new. However, until recentlyit

was conducted through the use of costly manned aircraft, a prohibitive business activity for small

companies. By granting this exemption I would be able to provide affordableservices.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible

fuel when compared to larger manned aircraft. Additionally, the operation of our UAS willminimize

harm to the environment economic growth by providing information to companies and thepublic

looking to relocate or build in the metro areas we service. Public and private events serviced byour

business enhance vibrancy and add culture to the community and its citizens.

Summary

We will comply with all of the following conditions and limitations should this exemptionbe

provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is 

a quad---rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above groundlevel

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot InCommand

(PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual lineof

sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at alltimes.

The PIC will be designated before the flight and will not transfer his or her designation for the

duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the

operating documents.

6) The operating documents will be accessible during UAS operations and made available tothe

Administrator upon request. Any revisions to the operating documents will be presented to the

Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the

UAS will not be operated until the necessary maintenance has been performed andthe

UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the

preflight inspection. All maintenance and alterations will be properly documented in theaircraft

records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics,

e.g. replacement of a flight critical component, will undergo a functional testflight.

The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) The pre---flight inspection section in the operating documents will account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections ofthe

operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,replacement,

inspection, and life limit requirements.
11) We will carry out maintenance, inspections, and record keeping requirements, in accordance

with the operating documents. Maintenance, inspection, and alterations will be noted in theaircraft

records, including total flight hours, description of work accomplished, and the signature ofthe

authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective actiontaken

against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and at 

least a current third---class medical certificate. The PIC will also meet the flight review requirements 

specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

15) Prior to operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi---rotor UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS 

pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish 3 

take---offs and landings in the preceding 90 days.

17) The PIC will not operate the UAS for the purpose of aerial videography/photography and for real

estate listing videos and public and private events and similar operations, unless the PIC has

demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate

the UAS in a manner consistent with the operating documents, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operationswill

be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA---published aeronautical chart.

20) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally froma

cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA loses communications or loses its GPS signal, it will return to a predeterminedlocation

within the planned operating area and land or be recovered in accordance with the operating

documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies inaccordance

with the operating documents.

23) The PIC will not begin a flight unless (considering wind and forecast weather conditions) thereis

enough power to fly at normal cruising speed to the intended landing point and land the UA with

30% battery power remaining.

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations, and also request a Notice to Air---man (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation.

25) Before conducting operations, the radio frequency spectrum used for operation and controlof

the UA will comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at theGround

Control Station of the UAS any time the UAS is operating. These documents will be made availableto

the Administrator or any law enforcement official upon request.
27) The UA will remain clear and yield the right of way to all manned aviation operationsand

activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UA will not be operated over congested or densely populated areas.

30) Flight operations will be conducted at least 500 feet from all nonparticipating persons,vessels,

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating personsfrom

the UA and/or debris in the event of an accident. We will ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 500 feet of the UA, flight operations must

cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where theowner/controller

of such vessels, vehicles or structures has granted permission and the PIC has

made a safety assessment of the risk of operating closer to those objects anddetermined

that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons donot

present an undue hazard to those persons per § 91.119(a).

31) All operations will be conducted over private or controlled---access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration 

Office (AFS---80) within 24 hours. Accidents will be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

If you have questions or need additional information, please contact me at ryantrax@gmail.com or

(937) 572-0227.

Thank you,

Ryan M. Traxler