Michael Ryan Froelich
242 Magnolia Avenue

M ocksville, NC 27028
ryan.froelich1@gmail.com

February 16, 2015

Dear FAA;

This petition is being submitted on my own behalf without legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, I, operating a Small Unmanned Aircraft System (“sUAS”) equipped to conduct aerial photography and survey for my personal Real

Estate business, hereby apply for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of my sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted
with an d under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit me to pursue by commercial interests in providing services to consumers interested in aerial data capture using a sm all advance sUAS in the following areas:

 Media Production

 Real Estate Photography

 Agricultural & Land Surveying

 Aerial Mapping

 Product Demonstrations

I hereby state that all sUAS flights that will occur over private or controlled access property will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where photography and videography will t ake place will be captured in identifiable form.

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.10914 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a )

14 C.F.R. 91.203 (a) & (b)

14 C.F .R. (91.401

- 91.417)

Small Unmanned Aircraft System (sUAS) are a feasible method to perform valuable commercial media, film and photography functions more safely and effectively than
other methods. sUAS are a feasible method for capturing imagery for survey and 3D mapping. I am petitioning for exemption to operate a DJI Phantom 2 multi

- rotor equipped wi th a three

- axis gimbaled camera . Th is sUAS weigh s less than 55 lbs., has a built

- in capability to limit the heig ht 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. This system also has the failsafe function of the autopilot system, which mean s 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.

The sUAS utilizes four counter

- rotating propellers for balance, control and stability in all segments of flight. The craft weighs less than 55 pounds, including cinematic and other equipment. The small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. I t is capable of vertical and horizontal operations but operate s only within the line of sight of the remote control pilot. The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." • 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 vi sual 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 60 minutes. • Flights will be terminated at 25% battery power reserve should that occur pr ior to the
60 minute limit. • The sUAS will be programmed so that it will not be operated at an altitude of no more than 600 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.• Minimum crew for sUAS operations will consist of the sUAS Pilot and the Visual

Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). • The sUAS will operate at speeds of no more than 55 knots.

• G iven the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements.

My operation of the sUAS aircraft will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given the small size and weight of my sUAS, combined with my safety focused operation standards, my flight operations fall within Congress's contemplated safety zone when it disseminated the Reform Act and the corresponding directive to integrate UASs into the national airspace system. My
sUAS does not pose any threat to the general public or national security. As an operator, I have extensive knowledge of and exp erience with sUAS systems, and have a high regard to safety and coordination with general aviation.

I respectfully request exemption under Section 333 to enable me to operate safe, low

risk commercial sUAS for the activities stated. I, at all times, will respect the space and privacy of cit izens and property whilst keeping our skies safe.

Sincerely, M. Ryan Froelich 242 Magnolia Avenue
Mocksville, NC 27028

## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Michael Ryan Froelich, request an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAS System:

1 4 CFR Part 21, Airworthiness Certificates

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203(a)(1 ). Given the size of the aircraft and the limit ed operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333
of the Reform Act. The Federal Aviation Act 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, s peed, operational capability, and proximity to airports and populated areas of the UAS involved. In this case, an analysis
of these criteria demonstrates that my UAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW, will not carry a pilot or passenger, will not carry flammable fuel, and will operate excl usively within an area predisclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety re quirements. The FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior permission of the land owner, or controlling authority, the size of the aircraft, the lack of flammable fuel, and the fact that the aircr aft is carried to the location and not flown there all establish the equivalent level of safety. The UASs construction with absorbent material provides at least an equivalent level of safety to that of such operations being
conducted with conventional airc raft that would be orders of magnitude larger and would be carrying passengers, cargo, and flammable fuel.

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

r egistration 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 sUAS does not have an entrance in which t he word "EXPERIMENTAL" can be placed, and may not have a registration num ber 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 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 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 Civil aircraft flight manual, marking, and placard requirements

. This regulation provides that no person may operate an aircraft unless a current, approved flig ht manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the
aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, 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 sUAS Flight M anual must be available to the PIC at the ground station anytime the aircraft is in, or preparing for, flight.

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 typical mission of the sUAS would be photography or survey of persons, vessels, vehicles

o r structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- plann ing has been performed. 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. Therefore I maintain that

, due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to umanned aircraft, which should be considered in granting the exemption.

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
aircr aft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS

o n

- board 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 day

- VFR
cond itions 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 sUAS is bat tery operatedand the maximum duration of flight from a single battery charge is 12

- 45 (depending on

which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at lau nch will ensure that I meet the reserve energy requirement of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". I also request exemption from the 30 min reserve and ask that my reserv e will be to fly the mission to the point of intended landing and have at least a 20% battery reserve after
that.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required . The regulation provides that an airworthiness certificate, with the registrat ion 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." With the DJI Phantom 2 , at a maximum gross weight of 13 pounds , the sUAS 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 collocated 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 fou nd on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14
CFR 45.23.

14 CFR Subpart E (91.401

- 91.417)

- Maintenan ce, 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 airc raft 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 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 pr opeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. 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