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Exemption	Request	for	FAR	333

Larry	Bossone

MCS	Communications

27	Bodine	Rd.

Berwyn,	PA	19312

(610)	648-0385

mbossone27@gmail.com

MCS	Communications	request	to	seeking	exemptions	from	the	following	FAR	Parts	

in	title	14	Code	of	Regulations.

Purpose:	Using	Remote	Control	Helicopter	– under	4.4 lbs(2	kg.).		for	viewing	

private	properties	for	sales,	evaluations,	mortgage	applications,	maintenance	and	

related	business	intentions

Following are	Parts	seeking	an	exemption with	abbreviation	of	rules	and	alternate	

proposals	for	exemption

Part	21	Procedural	requirements	for	fixed	wing	and	changing	design	approval	

production	approvals,	airworthiness	certificates	and	airworthy	approval	

REASON	REQUEST	EXEMPTION:	Size,	weight,	speed,	limited	operating	area	

See	enclosed	Specifications	** meets	the	equivalent	level	of	safety	under	14	CFR	part	

21	Subpart	H.

45.23	(b)	Registration	numbers

REASON	REQUEST	EXEMPTION:		Size	of	UAV	makes	it	impossible	to	have	2”	

lettering.

ALTERNATE PROPOSAL:	Lettering	designed	in	accordance	with	14	CFR	part	47	and	

having	identification	(N	number)	markings	in	accordance	with	14	CFR	part	45	(c) as	

large	as	practicable.	

61.133	Commercial	Pilot.		FAA	has	already	granted	exemptions for	UAV	operations.		

Private	pilot	license	is	deemed	sufficient	for	operation	of	UAV.

ALTERNATE	PROPOSAL:	Operator	will	be	Private	Pilot	with	currency	as	required	by	

14	CFR	61:	56;	61:57,	as	well	as	requirements	under	14	CFR	61:51(b)
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91.7	No	person	may	operate	aircraft	unless	in	airworthy	condition	

ALTERNATE	PROPOSAL	(see	Assembly	and	Flight	Cautions	taken	from	Phantom

manual (Proprietary	– Not	for	Publication)

91.9	(b)	Flight	Manual		(see	Flight manual - Propriatary)

91.103	Preflight	Actions:

Alternate	Proposal	(See	Checklist:	Pilot	will	perform	all	functions	before	beginning	

flight

91.109 Dual	Controls	for	flight	instruction		-

Flight	training	will	be	accomplished	at	remote	field	approved	by	owner of	location.		

No	persons	allowed	within	300	feet	of	operation	except	those	required	for	safe	

operation	of	training.	(see	training	syllabus)

91.119	Minimum	Safe	Altitudes:		All	flights	will	be	conducted	below	400	feet	AGL.		

Will	operate	only	in	safe	areas	away	from	public	and	traffic,	thus	providing	a	level	of	

safety	at	least	equivalent	to	or	better	than	full	size	of	aircraft	currently	used	for	

these	operations	with	weights	of over	5000 lbs.		AUV	gross	weight	will	weigh	under	

4.4 lbs.,	carry	no	liquid	fuel	and	operate	under	speeds	of	30	mph.

91.121 Altimeter	Settings:	Regulation	is	inapplicable	for	this	type	aircraft.	UAV	

utilizes	a	GPS	with	barometric	sensor.

91.151	(a)	Fuel	Requirements	– Land	with	minimum	25%	battery	power (indicated	

on	transmitter	screen	and	video	monitor)

91.203	(a)	Appropriate airworthy certificate (See	certificate	DJI	Specifications

Phantom	2 [Confidential])

91.405 Maintenance	Required

Alternate	Proposal:	Pilot	will	inspect	aircraft	using	DJI	see	Phantom	Pilot	Preflight	

Checklist	(Confidential). Pilot	will	perform	minor	maintenance	such	as	replacements	

of	propellers,	minor	adjustments,	weights	and	balance.		Major	modifications	or	

repairs	will	be	performed	by	manufacturers	representatives or	persons	skilled	in	

electronics	of	Phantom	2.

MCS	Communications	- FAR	333	Exemption	Request
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91:409	(a)	(1)	(2)	Inspections	(See	above)

91.417	Maintenance	Records	– Owner	will	keep	log	of	all	maintenance	performed.

MCS	Communications	request	exemptions	for	the	above	items	for	the	purpose of	

operating	a	UAV	for	close	set	filming	for the	motion	picture	and	television	industry.

The	flights	will	be	below	400	feet	AGL	and	not	exceed	a	ground	speed	of	40	knots.	

The	aircraft	will	be	the	DJI	Phantom	2.	 Aircraft	will	not	exceed	4.4 pounds	(see	

specifications).		

The	aircraft	will	be	operated within	visual	line	of	sight	of	the	PIC	at	all	times.		All	

operations	will	consist	of	a Phantom	operator	and separate	camera-person	to	

operate	the	camera	gimbal.		All	persons	shall	be	able	to	communicate	at	all	times	

while	aircraft	is	operating.				

The	aircraft	will	only	operate	in	a	“sterile	area” not	be	operating	within	300	ft.	of	

non	- participating	persons	except	those	consenting	to	be	involved	and	necessary	

for	the	production. An	aviation	safety	inspector	may	approve a	smaller	radius	

consistent	with	safety	requirements.		

MCS	Communications	will	submit	a	written	“Plan	of	Activities” to	FSDO	3	days	

before	the	proposed	shoot.

MCS	Communications	will	obtain	the	consent	of	all	persons	involved	in	the	filming	

and	insure	that	only	consenting	persons	are	allowed	within	100	ft.	of	the	flight	

operation	and this	radius	may	be	reduced	based	upon	an	equivalent	level	of	safety.	

However,	the	advanced	permission	of	the	relevant	FSDO,	operation	at	closer	range	

can	be	approved.	

Written	and/or	oral	permission	from	the	relevant	property	holders	will	be	obtained.	

MCS	Communications	- FAR	333	Exemption	Request
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A	briefing	will	be	held	before	each	flight.		All	persons	involved	in	the	filming	must	be	

present	and	understand	the	purpose	and	parameters	of	flight.

The	aircraft	will	be	available	with	an	emergency	return	to	home	condition	in	case	of	

failure	of	all	components.	

Using	a	UAV	for	companies	involved	in	sales,	maintenance,	inspection	and	

evaluation	of	property,	provides	a	safer	 and	more	economical	method	of	obtaining	

information. Pictures	from	a	UAV	would	allow	inspections	of	the	construction	from	

areas	not	available	at	ground	level. Aerials	for	sales	would	provide	an	overview	of	

the	house	and	grounds.		In	all	cases	UAV	coverage	would	be	more	cost	effective.		

Aerials	would	provide	potential	clients	a	better	picture	of	the	building	and	grounds.		

Because	of	it’s	smaller	size	and	operating	in	a	restricted	area,	our	UAV	will	give	

business	a	safer	tool	for	aerials	of	buildings	and	land. A standard	fixed	wing	or	

helicopter	flying	over	the	same	area would	be	more	costly,	nosier	and	dangerous.	

Based	on	all	above	MCS	Communications	request	an	exemption	under	Section	333	p

NOTE:

The	accompanying	manuals	marked	‘Confidential’ contain	proprietary information	

that	has	not	and	will	not	share	with	the	public	and	are	protected	from	release	under	

Freedom	of	Information	Act	5	USC	552	et.sc

Check	List	and	Training	Syllabus	may	be	modified	slightly	as	safety	conditions	

warrant	better methods of	providing	safety	and	training.

MCS	Communications	- FAR	333	Exemption	Request