Calvin Nemec

140 Jewett Holmwood East Aurora, NY 14052 7169498451 Cnemec65@gmail.com U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue SE Washington, DC 20590
**Re: Exemption Request under Section 333 of the FAA Reform Act**  **of 2012 and Part 11 of**  **the FAA Regulations and certain parts of the FAR ’s** 

Dear Sir or Madam: **Request:** In order to provide safe an d environmentally

- friendly aerial videography

and photography

for public and business interests, I , Calvin Nemec , pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 regulations: • 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) and (b) • 14 C.F.R. 91.7 (a) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.119(c) • 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a)(l) • 14 C.F.R. 91.203 (a) and (b) • 14 C.F. R. 91.405(a) • 14 C.F.R. 91.407(a)(l) • 1 4 C.F.R. 91.409(a)(l) and (2) • 14 C.F.R. 91.417(a) and (b)
I am requesting these exemptions so that Imay safely operate the DJ I Phantom 3 Professional UAS commerciall y along the guidelines of the accompanying operator's manual as well as F AA guidelines for UAS flight and safet y guidelines set by the Academy

of Mo del Aeronautics (AMA). **Proposed UAS and Operations:** The DJ I Phantom 3 Professional weighs less than three pounds, will alway s be flown under 400 feet limited via software by its GPS and barometric sensors, is electricall y powered b y a lithium ion battery , carries no combustible fuel or crew, and will be transported in proper storage to andfrom all flight areas (in accordance with FAA guidelines). The aforementioned proposed

exemptions would allow me to operate the DJ I Phantom 3 Professional UAS for commer cial purposes of aerial videograph y and photograph y as a service to public and business interests, including: real

- estate photograph y and videography , wedding and private individual photography and videograph y, public and commercial photography and videogr aph y, and agricultural photograph y and videography. The pursuant has over a decade of experience developing media content for a variet y of clients in both the commercial and nonprofit sectors. As evidenced b y recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of the DJ I Phantom 3 Professional UAS. These particular UAS have been proven reliable and safe flying machines managed by gy roscopically

- stabilized flight, ground detection, GPS

aided navigation, a built

- in compass, blinking L ED lights, a manual and automatic failsafe "Return To Home" mode for returning to the point of takeoff, and propeller guards in order to protect both the U AS and the environment. This particular model combines state

- of

- the

- art, proven technology

with high qualit y manufacturing and user

- friendl y control to ensure safe operation and eas y maintenance and care.

**Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief:** 14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, "in all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness cer tificate without restrictions and conditions proposed." 14 C.F.R. 45.23: Display of marks: general Because the DJ I Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large words, numbers, or phr ases, I request exemption from the above regulation. However, in ef forts to comply

with the above regulation and those set by the Academ y of Model Aeronautics (AMA), I will affix a small label to the external hull of the UAS indicatin g m y name, address, and my AMA Member Number. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command Under § 61.113 (a) and (b), certified private pilot s are limited to noncommercial operations. However, I am able to achiev e an equivalent l evel of safet y through current FAA regulations of UAS operation and AMA safet y guide lines (outlined in the summary of this document) without such a certification because of the above mentioned safety features of the DJIPhantom 3. Accordin g to Exempt ion No. 12045 in which the DJI Phantom 3 Professional was authorized for similar oper ation, "The FAA has previousl y declared that additional manned airship experience of a commercially

certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 1106 2 and 11138." Therefore, bearing an y pilot certification or license will notensure remote piloting skills of a UAS; the risks of ope rating this UAS are far less than the risk

levels inherent in commercial activities with traditional aircraft given t he DJIPhantom's safet y features and the limited range and speed of the UAS. The FAA has approved a similar exemption to the above rule as evi denced in Exemption No. 12058. 14 C.F.R 91.7 : Civil aircraft airworthiness Currently there is no certificate applicable to this UAS, and therefore it will be up to my self, Calvin Nemec , to determine the airworthiness of the DJ I Phantom 3 in accordance with its official operating manual. Written and signed pre and post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properl y ensured GPS locks as indicated by the DJ I Phantom's display of "Saf e to Fly " message will be performed before and after each flight, accurate records of which will be kept with the UA S's storage and transportation sy stem at all times. These records will be dated and will in clude the total flight time of each flight. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, mark ing, and placard requirements As evidenced in Exemption 12045, since there are "no pilo ts or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/ flight manual with the operator." In addition to the official safet y/ flight manual provided b y DJ I u pon purchase of the Phantom 3, following the AMA guidelin es for safe flight operatio ns and the FAA regulations for UAS operations will ensure a high level of safet y. 14 C.F.R. 91. 119(c): Minimum safe altitudes I, Calvin Nemec will ensure that the UAS does not operate an y higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part of the pre

- fli ght inspection. I will not fly over congested areas or directly above unprotected people o r moving vehicles. Iwill plan operations before hand for proper flight safety

and proper height ana lysis as to avoid collisions. The GPS and barometric sensors equipped on the DJIPhantom 3 will ensure accurate altitude readings, the output of which will be fed to my

tablet device in r eal time as I operate the UAS. 14 C.F.R. 91.121: Altimeter se ttings The DJ I Phantom 3 utilizes the latest GPS/GL O NASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent level of safet y and accurate altimeter telemetry will be achiev ed b y using this. 14 C.F.R. 91.151(a)(1): Fuel Requirement s for flight in VFR conditions The DJ I Phantom 3 is electricall y - powered b y lithium i on batteries which are made b y DJ I specificall y for th is particular UAS. They are rated as providing no lon ger than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currentl y impossib le to comply with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required Currently , there are no procedures for providing airw orthiness certificates for the mentioned UAS. I , Calvin Nemec , however will alwa ys fl y safely while having the manuals of the DJ I Phantom 3 and abiding by FAA regulations for UAS operation and AMA saf et y guidelines.14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after

maintenance, preventive maintenance, rebuilding, or alte ration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 C.F.R . 91.417 (a) and (b): Maintenance records Maintenance inspections may be required and should be granted since they apply to aircraft with an airworthiness certificate. However I, Calvin Nemec , will perform both preflight and post

flight inspections of the UAS before and after each fli ght as outlined in the operating documents. I, Calvin Nemec , will also follo w manufacturer recommendations from said operating documents and keep a written record of an y maintenance done to the UAS.

**Publ ic Interest and Public Safety:**  Aerial photograph y and videograph y provided t o the public allows for a more cost

- effective, safe, and environmentally

- friendl y method to capturing imagery than its alternative: manned aircraft and helicopters. The latte r are expensive to operate and maintain, create a high level of noise, and are much more hazardous due to size and combustible fuel

- especiall y if flown at low altitudes re quired for some operations. I, Calvin Nemec , in addition to using m y UAS for commercial endeavors, will also gla dl y offer m y services free of charge upon request and with prope r coordination to any official search and rescue or emergency services organization to benefit the public. Because of this, an increase of commercial activity and a gai ning of more detai led understanding of private and/or farm land would help local and area commu nities by : reducing pollution, risk, and operating costs b y alternative aerial video an d photography services such as manned airplanes and helicopters, reducing carbon emiss ions and traffic congestion by vehicles looking to view properties such as real

- est ate or farm land, and increase visibility to local attractions thereb y bolsteri ng local commerce and tourism. Given that there is no fuel and no crew on this UA S, that it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate danger to the environment , wildlife, infrastructure or people. DJ I has built in a "No Fly Zone" for major cities and points of interest that have registered as a "do not fly zone." Ope ration of the Phantom 3 cannot happen in these locations, as any flight capabilities become s blocked b y the UAS itself if within range and the operator is notified. Given its GPS an d ground

- sensing capabilities, a failsafe "Return To Home" mode will safel y return the cra ft to the operator at the push of a single button or automatically when the craft is ei ther low on power or operating outside of its transmitter's range. This ensures that the cra ft will not remain airborne in unsafe conditio ns and pose an y public danger. **Summary** I, Calvin Nemec , am seeking exemption from the following rules: 14 C.F .R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 1 4 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 1 4 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 9 1.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptio ns of the mentione d rules I, Calvin Nemec , will be seeking to make my UAS photograph y/videography se rvices available to public and commercial interests. The FAA has authorized similar o perations under Exemption Nos. 12045 and 12053. Alternativel y, public and commercial i nterests had previously sought the use of manned aircraft to achieve what I canoffer in a safer, more cost

- effic ient and environmentally

- friendl y manner by not using

combustible fu el, flying at safe heights and strictly following the usage recommendations from DJIand safet y procedures by the Academy of Model Aeronautics. These include but are not limited to: • Flying the DJIPhantom 3 safel y in accordance with its operator's manual • Maintaining active and full membership in th e Academ y o f Model Aeronautics (AMA), which provides' a high level of insurance and training programs to its members. • Alway s fl yi ng below 400 feet, using the DJ I Phantom's al titude limiter to ensure this. • Completing thorough inspection of UAS before and after f lights and keeping inspection records with the craft at all times • Keeping the UAS within a visual line of sight (VLOS) at all times when in operation • Using an observer to assist if needed • Remaining safel y clear of and do not interfere w ith manned aircraft operations • Not flying directly

over unprotected persons or moving vehicle s • Not flying within 5 miles of an airport or control tower • Not flying in adverse weather conditions such as high winds , rain, or impaired visibility • Not flying un der the influence of alcohol or drugs • Ensuring the operating environment is sa fe • Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc. • Checking and following all local laws and ordinan ces before fl yi ng over private propert y • Not conducting surveillance or photographing pers ons in areas where there is an expectation of privacy

witho ut the individual's permission. In addition to these above general standards, I, Calvin Nemec , will follow and abide b y the following AMA safet y guidelines: A. [DEFINIT ION]: A "model aircraft" is a non

- human - carrying aircraft capable of sustained flight in the atmosphere. [This includes UAS such as the Dll Phantom 3]. 1. Mod el aircra ft will not be flown: (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited. 2. Model aircraft pilots will: (a) Yield the right of way to all human

- carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Docum ent #540

- D.) (c) Not fl y higher than approximately 400 feet above ground level or within five miles of an airport. (d) Not interfere with operations and traffic patterns at any airport, heliport or seap lane base. (e) Not exceed a takeoff weight, including fue l, of 55 pounds. (AMA Document 520

- A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outside of the model aircraft.(g) Not operate aircraft with metal

- blade propellers or with gaseous boosts (AMA

Document #555.) (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversel y affect the pilot's abilit y to safel y control the model. (i) Not operate model aircraft carrying py rotechnic devices that explode or bum, or any device which propels a projectile or drops any object that creates a hazard to persons or propert y. (j ) Not operate a turbine

- powered aircraft, unless in comp liance with the AMA turbine regul ations. (AMA Document #510

- A.) 3. Model aircraft will not be flown in AMA sanctio ned events, air shows or model demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by an experienced pilot. 4. When and where required b y rule, helmets must be properl y worn and fastened. They must be OSHA, DOT, ANSI, SNEL L or NOCSAE approved or compl y with comparable standards. B. RADIO CONTROL (RC) 1. All pilots shall avoid flying directly over unprotecte d people, vessels, vehicles or structures and shall avoid endangerment of life and property of others. 2. A successful radio equipment ground

- range check in accordance with manufacturer's recommendations will be completed befor e the first flight of a new or repaired model aircraft. 3. At all flying sites a safety line(s) must be established in f ront of wh ich all flying takes place. (AMA Document #706.) (a) Onl y personnel associated with flying the model aircraft are allowed at or in front of the safet y line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safet y line must be maintained for spectators. (d) Intentional fl yi ng behind the safet y line is prohibited. 4. RC model aircraft must use the radio

- control freque ncies currentl y allowed by the Federal Communications Commission (FCC).
5. RC m odel aircraft will not knowingl y operate within three (3) miles of any pre

- existing fl yi ng site without a frequency

- management agre ement. (AMA Documents #922 and #923.) 6. With the exception of events flown under official AMA Competition Regulations, exc luding takeoff and landing, no power ed model may be flown outdoors closer than 25 feet to an y individual, except for the pilot and the pilot's helper(s) located at the flightline.7. Under no circumstances may a pilot or other person touc h an outdoor mod el aircraft in flight while it is still under power, except to divert it from striking an individual. 9. The pilot of an RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot. (b ) Fl y using the assistance of autopilot o r stabilization sy stem onl y in accordance with the procedures outlined in AMA Document #560.
C. FREE FLIGHT 1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. L aunch area must be clear of all individuals except m echanics, officials, and other fliers. 3. An effective device will be used to extinguish any [fire] on the model aircraft. 4. The fl yi ng area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to an y above

- ground electric utility lines. 5. The fl yi ng area must be clear of all nonessential particip ants and spectators before the engine is st arted.

I thank yo u for your time and effort in processing th is request and look forward to cooperating with the FAA in its continued commitment for the safe operation of UAS.

Sincerel y,

Calvin Nemec

140 Jewett Holmwood Road East Aurora, NY 14052 Cn emec65 @gmail.com 716

- 949

- 8451