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 Ac t, I, Ryan Traxler , operator of an

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

Regulations (“FARs”) to allow commercial 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 Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Se ctions 45.23(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). This proposed

exemption would allow the operation of unmanne d 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 and sensors,

would operate in the following manner:

• Aerial photography and/or vide o for public and/or private use including real estate and

other related professional activities.

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

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) willprovide 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 operation of

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

unmann ed aircraft (UA or Phantom), an attached 2. 4K camera and a transportable ground station.

Th e P HAN T O M 3 is a quad

- - - copte r w i t h a gros s w e i gh t o f 2 .8 pounds

. I t is equ i ppe d w i t h f ou r rotor s

tha t ar e dr i ve n b y e l ectr ic m otor s po w ere d b y batter i es

. Th e U A ha s a m ax i m u m a i rspee d o f 1 6 m /s

. I t

w ill b e operate d ove r var i ou s m etropo li ta n areas

, pr i m ar ily aroun d Dayton, Ohio

, t o aug m en t rea l

estat e li st i n g v i deos

, captur e even t area l v i de o an d photography

, an d re l ate d bus i nes s operat i ons

.

**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 controller to

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 or structures;

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;

• operat e th e UA S f o r 18

- 20 m i nute s pe r fli ght ;

• 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 and then

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

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

reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in

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 pertinent information;

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

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

• only ope rate 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 carries primary

importance (reference PHANTOM Flyin g 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 the characteristics

of the UAS’ performance u nder different temperature and weather conditions.A n y PI C operat i n g ou r UA S w ill hav e accu m u l ate d an d l ogged

, in a m anne r cons i sten t w i t h 1 4 CF R

61

. 51(b)

, 2 5 hour s o f tota l t i m e a s a UA S rotorcra ft p il o t i nc l ud i n g a t l eas t 1 0 hour s l ogge d a s a U A S

p il o t w i t h a m u l t i

- - - roto r UA S

. Th e PI C w ill a l s o hav e accu m u l ate d an d l ogge d a m i n i m u m o f 5 hour s as

a UA S p il o t operat i n g th e sa m e m ak e an d m ode l o f UA S t o b e use d f o r operat i ons

. I n add i t i o n t o th e

hou r requ i re m ents

, th e PI C w ill acco m p li s h 3 take

- - - o ffs an d l and i ng s in th e preced i n g 9 0 day s ( f or

currenc y purposes ) pr i o r t o an y fli ght

.

**Specific Exemptions Requested** 

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

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

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

is w arrante d an d m eet s th e requ i re m ent s f o r a n equ i va l en t l eve l o f sa f et y und e r 1 4 CF R p ar t 1 1 and

Sect i o n 33 3 o f P

. L

. 112

- - - 9 5 (Sect i o n 333)

.

W e reques t a n exe m pt i o n f ro m § 45

. 2 3 M ark i n g o f th e a i rcra ft becaus e th e U A w ill no t hav e a cab i n

, cockp it o r p il o t stat i o n o n w h i c h t o m ar k certa in w ord s o r phrases

. Further

, th e t w o

- - - i nc h l etter i n g is

d iffi cu lt t o p l ac e o n suc h a s m a ll a i rcra ft w i t h d i m ens i on s s m a ll e r tha n th e m i n i m a l l etter i n g

requ i re m ent

. R egard l es s o f th i s

, w e ca n m ar k th e UA S in th e l arges t poss i b le l etter i n g b y p l ac i n g th e

w or d “Exper i m enta l” o n i t s fuse l ag e a s requ i re d b y § 45

. 29(f ) s o tha t anyon e w ill se e th e m ark i ngs

.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an

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 prefli ght inspection of the UAS before each flight as outlined

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 will not

operate our UAS above the altitude of 300 feet above g round level (AGL) and will also only operate in

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 be achieved.

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

UAS utilizes electronic GPS with a barometric sensor.

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

Th e UA V is 100 % e l ectr ic an d t w o l o w batter y a l ert s ar e i ssue d

- -- pe r th e operat i n g docu m ents

, the

UA V w ill b e l ande d a t th e fi rs t a l ert

. A l so

, ou r fli ght s w ill l as t on ly 18

- 20 m i nute s each

, an d th e UA S

ha s a n auto m ate d f unct i on

, w h i c h resu l t s in i mm ed i at e l and i n g w he n a lo w batter y is detected

.Th e PI C w ill 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

the UA 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 recently it

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 affordable services.

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 will minimize

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

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

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

**Summary**

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

provided:

1) O perat i on s w ill b e li m i te d t o th e f o ll o w i n g a i rcra ft descr i be d in th e operat i n g docu m ent s, w h i c h is

a quad

- - - roto r a i rcra ft w e i g h i n g 2 .8 pounds : Phanto m 3 U n m anne d A i rcra ft Syste m

. 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 ground level

(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 In Command

( PIC) at all times.

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

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

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 to the

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

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 and the

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 the aircraft

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 test flight.

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

9) Th e pre

- - - fli gh t i nspect i o n sect i o n in th e operat i n g docu m ent s w il l accoun t f o r a ll d i screpanc i es

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

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 the aircraft

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

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 action taken

against discrepancies discovered between inspections.

14) UA S operat i on s w ill b e conducte d b y a PI C possess i n g a t l eas t a pr i vat e p il o t cert ifi cat e an d at

l eas t a curren t th i r d

- - - c l as s m ed i ca l cert i f i cate

. Th e P IC w ill a l s o m ee t th e fli gh t rev i e w requ i re m ent s

spec ifi e d in 1 4 CF R 61

. 5 6 in a n a i rcra ft in w h i c h th e PI C is rate d o n h is o r he r p il o t cert i fi cate

. 15) Pr i o r t o operat i on s conducte d f o r t h e purpos e o f aer i a l v i deography/photograph y an d f o r rea l

estat e li st i n g v i deo s an d pub lic an d pr i vat e event s an d s i m il a r operat i on s

, th e PI C w ill hav e

accu m u l ate d an d l ogged

, in a m anne r cons i sten t w i t h 1 4 CF R 61

. 51(b)

, a m i n i m u m o f 2 5 hour s of tota l

t i m e a s a UA S rotorcra ft p il o t i nc l ud i n g a t l eas t 1 0 hour s l ogge d a s a UA S p il o t w i t h a m u l t i

- - - roto r UA S

. 16) Pr i o r t o operat i on s conducte d fo r th e purpos e o f aer i a l v i deography / photograph y an d f o r rea l

estat e li st i n g v i deo s an d pub lic an d pr i vat e event s an d s i m il a r operat i on s, th e PI C w ill hav e

accu m u l ate d an d l ogged

, in a m anne r cons i sten t w i t h 1 4 CF R 61

. 51(b)

, a m i n i m u m o f 5 hour s a s UA S

p il o t operat i n g th e m ak e an d m ode l o f th e UA S t o b e use d in operat i ons

. Th e PI C w i ll acco m p li s h 3

take

- - - o ffs an d l and i ng s in th e preced i n g 9 0 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 operations will

be conducted under visual meteorological conditions (VMC).

19) Th e U A w ill no t operat e w i th in 5 naut i ca l m il e s o f a n a i rpor t re f erenc e po i n t a s denote d o n a

curren t F AA

- - - pub li she d aeronaut i ca l chart

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

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 predetermined location

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 in accordance

with the operating documents.

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

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

30% battery power remaining.

24) W e w ill obta in a n A ir Tra ffic O rgan i zat i o n ( A T O ) i ssue d Cert ifi cat e o f W a i ve r o r A uthor i zat i on

(C O A ) pr i o r t o conduct i n g an y operat i ons

, a n d a l s o reques t a N ot i c e t o A i r

- - - m a n ( NO T AM ) no t m or e

tha n 7 2 hour s in advance

, bu t no t l es s tha n 4 8 hour s pr i o r t o th e operat i on

. 25) Before conducting operations, the radio frequency spectrum used for operation and control of

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 the Ground

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

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

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 p rotect nonparticipating persons from

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 the owner/controller

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

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

that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not

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

31) A ll operat i on s w ill b e conducte d ove r pr i vat e o r contro ll ed

- - - acces s propert y w i t h per m i ss i on

f ro m th e l an d o w ner/contro ll e r o r author i ze d representat i ve

. Per m i ss i o n f ro m l an d

o w ner/contro ll e r o r author i ze d repre sentat i v e w ill b e obta i ne d f o r eac h fli gh t t o b e conducted

. 32) A n y i nc i dent

, acc i dent

, o r fli gh t operat i o n tha t transgresse s th e l atera l o r vert i ca l boundar i e s o f

th e operat i ona l are a a s def i ne d b y th e app li cab le C O A w ill b e reporte d t o th e FAA 's U A S Integrat i o n

O ff i c e (AFS

- - - 80 ) w i th in 2 4 hours

. A cc i dent s w ill b e reporte d t o th e N at i ona l Transportat i o n Sa f ety

Boar d ( N TSB ) pe r i nstruct i on s conta i ne d o n th e N TS B W e b s i te : www

. ntsb

. gov

.

I f yo u hav e quest i on s o r nee d add i t i ona l i n f or m at i on

, p l eas e contac t m e a t ryantrax@gmail.com o r

(937) 572

- 0227

.

Thank you,

Ryan M. Traxler