**U.S. Department of Transportation**

**Federal Aviation Administration Washington, DC**  September 9, 2015 **Petitioner** Dylan Haan , Professional Engineer 6545 Willowick Dr. Findlay, OH 45840 419 - 619 - 3483 dylanhaan@gmail.com Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11.81, Dylan Haan , hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small, unmanned aircraft for photogrammetry, photography/cinematography, industrial inspections, search & rescue, and analyses. All operations shall be conducted within and under the conditions and limitations outlined previously by the FAA as required by Section 333 and conducted in compliance with the attached operator’s manuals. Definitions AGL Above Ground Level FAA Federal Aviation Administration FAR Federal Aviation Regulation GPS Global Positioning System PIC Pilot in Command sUAS Small Unmanned Aerial System VFR Visual Flight Rules VLOS Visual Line of Site

1. Sections from which exemptions are sought : a. 14 CFR Part 61.113(a) and (b) – Private pilot privileges and limitations: PIC b. 14 CFR Part 91 – General Operating and Flight Rules: i. 91.119 (b) and (c) – Minimum safe altitudes: General ii. 91.121 – Altimeter settings iii. 91.151 (a) – Fuel requirements for flight in VFR conditions iv. 91.405 (a) – Maintenance required v. 91.407 (a)(1) – Operation after maintenance, preventative maintenance, rebuilding, or alteration vi. 91.409 (a)(1) and (2) – Inspections vii. 91.417 (a) and (b) – Maintenance records2. Relief sought : a. Dylan Haan wishes to operate small Unmanned Aircraft Systems (sUAS) for commercial purposes to include (but not be limited to) p hotogrammetry and videography for real estate agents, appraisers, property managers, general contractors, agriculturists, utility inspections, businesses, and public departments, safe flight permitting . This relief is sought because commercial use of sUAS is currently prohibited by law u nless performed under an exemption. b. This exemption will cover use of the following airframes, all of which will weigh les s than 55 pounds including payload and energy sources: i. DJI Phantom 3 (see www.dji .com/product/phantom

- 3 ) A. Weight ( I ncluding Ba tt ery and Propellers) 2 . 82 lbs B. Diagonal Size ( I ncluding Propellers) 23 . 23 in C. Max Ascent Speed 11 . 2 mph D. Max Descent Speed 6 . 7 mph E. Max F light T ime ~ 23 minu t es F . Remot e Con t roller O pera t ing F requency 2 . 400 G Hz - 2 . 483 G Hz
G . Au t o-Takeoff Rises to a pre-set height and will hover in place un t il direct ed by PIC

H. Au to-Ret urn Home Recalls position it t ook o ff from to enable a t ap of a bu tton to ret urn back home I . Low Ba tt ery F ailsa fe I f t he flight ba tt ery is run running low or t he Phan t om 3 loses connect ion wi t h t he remot e it will au toma t ically ret urn back home 3. Specific Sections of C.F.R. from which Dylan Haan Seeks Exemption : a. **Section 61.113(a)**  **and (b)**  **Private Pilot**  **Privileges and**  **Limitations** – Section 61.113 states that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire ; nor may that person, for compensation or hi re, act as pilot in command of an aircraft. The sUASwill not carry a pilot or passengers. Then the stated operations can achieve the equivalent level of safety by requiring the PIC operating the aircraft to have completed FAA Private Pilot Ground school i nstruction and passed the FAA Private Pilot written exam to operate these sUAS. These sUAS are not capable of carrying a pilot or passengers, therefore distinguishing them as remotely controlled vehicles. The area of operation is controlled and restricted providing a sound level of safety referenced from the o perations manual. b. **Section 91.119 (b) and (c)**  **Minimum Safe Altitudes** – Section 91.119 states persons may operate a helicopter at less than the minimums prescribed in paragraph (b) or (c) of this sectio n, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. The sUAS meets these criteria as a helicopter and requests the ability to operate at altitudes up to 400’ AGL. Only i n accordance with consent will the sUAS operate while also maintaining an altitude less than 400’ AGL. For comparison with traditional aircraft and rotorcraft the sUAS weighs less than 10lbs, while also preventing potential risks associated with flammable fuel. Lastly the 400’ AGL ceiling limits any ability for the sUAS to interfere with conventional aircraft operating at or above 500’ AGL.
c. **Section 91.**  **121 Altimeter**  **Settings** – Sect ion 91.121 st a t es each person opera t ing an aircra ft shall main t ain t he cruising al t i t ude or flight level of t hat aircra ft, as t he case may be, by re ference t o an al t imet er t hat is set, when opera t ing below 18, 000 feet MSL, t o t he current report ed al t imet er sett ing of a st a t ion along t he rou t e and wi t hin 100 nau t ical miles of t he aircra ft . I n t he case of an aircra ft not equipped wi t h a radio, t he eleva t ion of t he depart ure airport or an appropria t e al t imet er sett ing available be fore depart ure. T he sUAS will re ference i t s al t i t ude based on G PS and will be rest rict ed t o a 400’ AG L ceiling. T he P I C will also veri fy G PS eleva t ion from mul t iple ground based sources prior t o t akeoff. d. **Section 91.151**  **(a) Fuel**  **Requirements for**  **Flight in**  **VFR conditions** 
– Sect ion 9 1 . 151 st a t es no person may begin a flight in a rot orcra ft under V F R condi t ions unless (considering wind and forecast wea t her condi t ions) t here is enough fuel t o fly t o t he first point of in t ended landing and, assuming normal cruising speed, to fly a ft er t hat for at least 20 minu t es. T he sUAS ba tt ery powered opera t ional flight t ime is not able t o incorpora t e a 20 minu t e reserve window following successful first point of in t ended landing due t o current ba tt ery capaci ty limi t a t ions. I n order t o provide adequa t e reserve power for ret urn landing t he sUAS will abide by a 12 minu t e flight t ime or 25% of remaining ba tt ery power, whichever happens first . e. **Section 91.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **and (2),**  **and 91.417(a)**  **and (b)**  – T hese sect ions only apply t o aircra ft wi t h an airwort hiness cert i fica t e, Dylan Haan request s exempt ion from t hese sect ions because t he DJI Phan t om 3 does not require an airwort hiness cert i fica t e. The sUAS is in accordance wi t h F MRA Sect ion 333 for opera t ion, absent an airwort hiness cert i fica t e. I n order to e nsure proper main t enance t he opera t ions manual will be ci t ed for necessary correct ive measures. I n addi t ion, t he P I C is t he person most familiar wi t h t he aircra ft and best sui t ed t o main t ain t he aircra ft in an airwort hy condi t ion, and any sUAS conduct ed main t enance will be documen t ed for t he li fe of t he aircra ft s.4. Public benefit : a. Use of sUAS technology to obtain imagery, information and data currently obtained by use of manned flight or manual methods: i. Reduces statistical risk to human life due to manned aircraft accidents (e.g., infrastructure inspections) and due to other dangerous activities that can be avoided (e.g., scaffolding/rigging failures during stack or bridge inspections). ii. Reduces the cost of obtaining such information, which benefits consumers and the economy. iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft. iv. Real est a t e agen t s will be able to set t heir list ings apart wi t h a unique perspect ive only available from sUAS photographic equipmen t, t here fore increasing t he prospect of meet ing or exceeding t he asking price. v. Agricul t urist s will have t he abili ty to survey t heir land in a more t imely manner and be tt er document t he condi t ion of t heir property. vi. Search and rescue en t i t ies could u t ilize t he sUAS t o help quickly aid in finding t he l oca t ion of person(s) while providing a be tt er van t age point in closer quart ers. 5. Public Safety : a. Aircraft will comply with maintenance and inspection requirements of the manufacturer. b. Bot h sUAS will reduce air and noise pollu t ion do to t he aircra ft being powered by a ba tt ery and brushless elect ric motors. c. T hese small aircra ft crea t e less pot en t ial for harm, should an emergency si t ua t ion occur, t hanks t o t heir size and weigh t . d. F urt hermore t he lack of combust ible fuel also signi fican t ly decreases t heir chances of producing harm. Conclusion Based on the criteria provided under the FMRA Secti on 333, Dylan Haan requests that the FAA grants him exemption from 14 C.F.R Sections 61.113(a) and (b), 91.119(b) and (c), 91.121, 91.151(b), 91.405( a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b) in order to conduct contracted commercial sUAS operations using the DJI Phantom 3 for a wide range of industries and applications. Sincerely, Dylan Haan