September 29, 2015 

Brian Kovol, Vice President 

Midnight Sun Environmental, LLC 

7941 Sandlewood Place 

Anchorage,Alaska 99507 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave.,SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the F A.A Refotm Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21subpart H;14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 

CFR91.7(a); 14 CFR91.9(b)(2);14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c);14 CFR 91.121; 14 

CFR91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a);14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and 

(2);14 CFR91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 

14 CFR Part 11,Gerard P. Falcone operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed federal Aviation Regulations ("f ARs") to allow commercial operation of 

designated U.AS, provided such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

Thank you in advance for your consideration. 
Commercial operation of an U.\S,as described herein, which are equipped with camera(s) and sensors, 

would provide professional services in the following areas: 

I. Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities. 

2. Aerial video and/ or photography for public and/ or private use including television, public events, 

cinematography and newsgathering. 

3. I\ erial inspection/photography of residential/ commercial structures under contract with the owners or 

local government authority. 

4. Aerial inspection/ photography of residential/ commercial utility infrastructure including but not limited 

to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government has requested 

it by contract or donation. 

6. Training to persons individually or belonging to both private and/ or public organizations to increase 

awareness and improve safety for current and future U.\S operations within the NAS . 

• -\s described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the N.\ S that would be a) limited b) controlled c) 

predetermined and d) safe. Approval o f tlus exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the F.-\.\ 

Adrninistrator's) responsibilities to « .... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." 

The name and address of the applicant is: 

Brian Kovol, Vice President 

Midnight Sun Environmental, LLC 

7941 Sandlewood Place 

Anchorage,Alaska 99507 

brian@midnightsunen\'.com 

Phone: 907-344-3244 

Regulations from which the exemption is requested: 

14 CFR Part 21subpart H 

14 CFR 45.23 (b) 

14 CFR 61.ll3 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

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14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91 .151(a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

MSE seeks an exemption to operate the DJI Phantom 3 system for compensation or hire within the 

National Airspace System (NAS). The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. willie having a diagonal dimension of 

23.2", a maximum speed of approximately 16.4'fps and a maximum flying height of 400'. The DJI Phantom 

3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

Given the small size of the UAS in scope and the controlled environment provided, the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this application presents 

no national security issues. Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the 

grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests 

that the F.-\.,-\ grant the requested exemption. 

Aircraft and Equivalent Level of Safety 

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety o f the persons and/ or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations under 

the FA.-\ issued exemption as set forth in the Flight Operations Manual (FOM) include: 

1. The UAS will weigh significantly less than 55 lbs. It weighs less tl1an 4 pounds witl1 battery and camera. 

2. The UAS,depending on the model in operation, will have a maximum operating speed of no more than 

SOmph. 

3. Flights will be operated within line of sig ht of the Pilot in Command (PIC) and/ or Visual Observer 

(VO). 

4. Maximum flight time for each operational flight will be depending on tl1e U}.S model in operation, but 

will no r exceed 30 minutes. Flights will be temunated at 25% battery power reserve or 30 minutes of 

flight time whichever occurs first. 

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5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and no t 

more than 200 feet above an elevated platform from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one VisuaiObserver (VO), 

and may include a third, but separate, Camera Operator (CO). 

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 

hours on the designated UAS. 

8. A safety briefmg will be perfonned prior to each day's flights consisting of all the days' production 

activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (V1v1C) only. 

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic center/ Airport 

Reference Point (A.RP) of a tower controlled or uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/ Airport. 

13. The operator will fJle FAA Form 77111, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours 

but no less than 48 hours from planned operation. 

14. The operator will obtain verbal/ w·ritten consent of all persons involved with the planned operation 

and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and 

the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. 

Department of Transportation required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved. 

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the 

particular UAS to be operated. 

16. The PIC and VO will be able to communicate b)r voice and/ or radio at all times. 

17. Written and/ or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies as 

appropriate to flight operations. 

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS \vill have the 

capability to return to a predetermined location within a designated location and land autonomously. 

19. The U.\S will have the capability to abort a flight in case of emergencies with an automated "Return 

Home and Land" function. 

20. The U.AS will have d1e capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies such as low battery 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates. 14 C.F.R. §91 .203 (a) (1) Subpart H, en tided 

Airworthiness Certificates, establishes the procedural requirements for d1e issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by d1e Applicant, an exemption from Part 21 Subpart I-I meets the requirements of 

an equivalent level of safety under Part 11and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Refonn Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of th e 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 U.\.S operated without an airworthiness certificate in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (ftxed wing or rotorcraft) operating with an a.invorthiness certificate without d1e restrictions and 

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conditions proposed. The U.\S 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 tlus exemption will be tightly 

controlled and monitored by botl1 the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with a.irworth.iness certificates issued under 14 

C.F.R. Part 21, Subpart I I. Lastly, application of these same criteria demonstrates tl1at 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 C.F.R. § 45.23 (b). Marking of the Aircraft. When marks include only the Roman capital letter "N" 

and the registration number is displayed on !.inUred, restricted or light sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches !ugh, the words " l.i.Jnited," "restricted," "light sport," "experimental," or " provisional," as 

applicable. Even though the UAS will have no airworth.iness certificate, an ~-.;emption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" 

can be placed. Given the size of the U.-\S, two inch lettering will be impossible. The word "Experimental" 

w ill be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 

20, 2015. T11e equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the U.\S as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 

14 CFR 61. 113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire. The proposed UAS operations 

may achieve an equivalent level of safety as achieved by current Regulations because the applicant's U.-\S do 

not carry any pilots or passengers nor property. T11e risks attendant to the operation of UAS is far less than 

the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or 

be under the direct supervision rif. a FAA Certificated Private Pilot with current Third Class or higher 

medical certificate. Tt is believed that the operation and lillUtations set forth in the FOM will equate to 

the safe operation of tl1e UAS. 

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a 

civil aircraft unless it is in airworthy condition . • -\s there will be no a.irwortlwess certificate issued for tl1e 

aircraft, should tl1is exemption be granted, no E-\A regulatory standard will exist for determining 

airworthiness. Given rhe size of the aircraft for maintenance and use of safety checklists prior to each 

flight, an equivalent level of safety will be provided. 

14 C.P.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No 

person may operate a U.S. registered civil aircraft ... (2) For wluch 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 U.-\S,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 tl1e pilot flytng the UAS will have immediate access 

to it. 

SI P age 
14 C.P.R.§ 91.103: Preflight 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 manuals will no t be 

provided for the aircraft an exemption w:ill be needed. The PIC will take all actions as stated in the FOM 

in Section 4 under Normal Procedures including but not Iinilted to reviewing weather, flight battery 

regwrements, landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.P.R. §91.109: Flight Instruction. Section 91.109 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. U.\ S 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 conunun.icates w:ith 

the aircraft via radio communications. The F£L-\ 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 is 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. 

14 C.P.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the ~-\ . As this exemption is for a U,\S that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 .-\GL,or not more than 200 above an elevated platform from 

which fllming is planned, an exemption may be needed to allow such operations. 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 or photograph a structure whose height exceeds 400 feet AGL,the U.-\S will not be 

operated mo re rhan 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre obtained consent. The equivalent level of sa fety will be achieved given the size, weight, 

and speed of the U:\S as well as the location where it is operated. No fligh t 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 illcraft or rotorcraft weighting far 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 presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low altirude operations of the UAS will ensure separation between these U:\S operations 

and the operations of conventional aircraft that must comply with Section 91 .119. 

14 C.P.R. §91.12Wtimeter Settings. This regulation requires each person operating an aircraft to 

maintain cruising altirude by reference to an altimeter that is set « .. to the elevation of the departure 

airport or an appropriate altimeter setting available before deparrure." ,\s the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An eqwvalent 

level of safety will be achieved by the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude o f the launch site shown on the GPS altitude indicator before 

flight. 

14 C.P.R. § 91.151(a): Fuel Requirements for Flight in VPR Conditions. Section 91.1 51 (a) prohibits an 

individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to Ay to the ftrst point of intended landing, and, 

assuming normal cruising speed- (1) During the day,to fly after that for at least 30 minutes; or (2) At 

night, to Ay after that for at least 45 minutes. " The applicant believes that an exemption from 14 CFR 

§91.151 (a) falls within the scope of prior exemptions. O perating the U.-\S in a tightly controlled area 

6j P ag e 
where only people and property owners or official representatives who have signed waivers will be 

allowed does not engender the type of risks that Section 91.1 51 (a) was intended to alleviate given the size 

and speed of the small U.-\S. The applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 25% of battery power, whichever happens first. Tlus restriction would 

be more than adequate to return the UAS to its planned landing zone from anywhere in its linUted 

operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation 

provides in pertinent part: (a) Except as provided in§ 91.715,no person may operate a civil aircraft unless 

it has within it the following: (1) An appropriate and current airworthiness certificate .... (b) No person 

may operate a civil aircraft unless the airwortlliness certificate required by paragraph (a) of this section or 

a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. The UAS fully loaded weighs well under the proposed 551b linUt and is 

operated without an on board pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS. An equivalent level of safety will be achieved by 

keeping these documents at the ground control point where the pilot flying the UAS will have immediate 

access to them; to the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a);407 (a) (1);409 (a) (2);417(a) & (b): Maintenance Inspections. These regulations 

require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of 

this part and shall bet:\veen required inspections, except as provided in paragraph (c) of tlus section, have 

discrepancies repaired as prescribed in part 43 of tlus chapter .. ," and others shall inspect or maintai11 the 

aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft witl1 an 

airworthiness certificate, these sections will nor apply to the applicant. Maintenance will be accomplished 

by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will 

be aclueved because the Ur\S is very linUted in size and will carry a small payload and operate only in 

restricted areas for a linUted period of time. If mechanical issues arise the UAS can land immediately and 

will be operating from no lugher than 400 feet AGL. The operator will ensure that tile U.AS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent 

level of safety will be achieved because maintenance and inspections will be performed in accordance with 

the UAS Manufacturer's User Manual. As provided in tl1e FOM,the operator will ensure that the UA.S is 

in working order prior to initiating flight and perform required maintenance needed. 

Additional Information. 

The applicant, Midnight Sun Environmental, LLC, believes this exemption request and associated safety 

considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012,providing 

sufficient justification for the granting of commercial operations of the applicant's UAS. 

The applicant, Midnight Sun Environmental, LLC requests your respective approval of this Section 333 

exemption petition request. 

Midnight Sun Environmental, LLC 

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