### U.S. Department of Transportation Federal Aviation Administration Washington, DC

September 8, 2015

Alex Huppenthal 334 West Hyman Ave, Aspen, CO 81611 Email: Alex.Huppenthal@gmail.com

Dear Sir or Madam,
Pursuant	to	Sec-on	333	of	the	FAA	Moderniza-on	and	Reform	Act	of	2012	(the	Reform	Act) and	14	C.F.R.	Part	11.81,	Alex	Huppenthal,	hereby	applies	for	an	exemp-on	from	the	listed Federal	Avia-on	Regula-ons	("FARs")	to	allow	commercial	opera-on	of	its	small,	unmanned aircraM	for	photogrammetry,	photography/cinematography,	industrial	inspec-ons,	search	& rescue,	and	analyses.
Alex	will	be	providing	clients	with	high	quality	imaging	for	a	variety	of	commercial,	public,	and residen-al	uses.	Alex	Huppenthal	currently	holds	a	commercial	pilot	cer-ficate	and	private cer-ficate,	with	over	800	hours	of	flying	experience	and	is	seeking	an	exemp-on	from	these specific	requirements	of	Title	14	C.F.R.:

I. 61.113 (a) and (b ) II. 91.119 (b) and (c) III. 91.121 IV. 91.151(a) V. 91.405(a) VI. 91.407(a)(1) VII. 91.409(a)(1) and (2) VIII. 91.417(a) and (b)

### Definitions

Summary In	the	instance	of	gran-ng	exemp-on,	Alex	Huppenthal	will	be	opera-ng	the	sUAS	in order	to	fulfill	contracted	obliga-ons,	such	as:	aerial	photography	and	videography	for real	estate	agents,	appraisers,	property	managers,	general	contractors,	Solar	panel installa-on	technicians,	U-lity	inspec-ons,	Natural	Resource	conserva-on	organiza-ons; Public	departments;



### Aircraft I. AGL Above Ground Level
II. ATC Air Traffic Control
III. COA Certificate of Authorization

IV. FAA Federal Aviation Administration
V. FAR Federal Aviation Regulation
VI. GPS Global Positioning System
VII. NAS National Airspace System
VIII

. PIC Pilot in Command
IX. UA Unmanned Aircraft

X. sUAS Small Unmanned Aerial System
XI. VFR Visual Flight Rules
XII. VLOS Visual Line of Site

### I. DJI Phantom 3 A. Weight (Including Battery and Propellers) 2.82 lbs B. Diagonal Size (Including Propellers) 23.23 in C. Max Ascent Speed 11.2 mph D. Max Descent Speed 6.7 mph E. Max Flight Time ~ 23 minutes F. Remote Controller Operating Frequency 2.400 GHz – 2..483 Ghz 5.725 Ghz – 5.825 Ghz
G. AutoTakeoff Rises to a preset height and will hover in place until directed where to go.
H. AutoReturn Home Remembers the exact spot it took off from and returns to it under PIC control. I. Low Battery Failsafe If the flight battery is running low, return to h o m e , o r i t l o s e s connection with the remote it will return to home.

### II. DJI Inspire 1 A. Weight (Including Battery and Propellers) 6.47 lbs B. Diagonal Size (Including Propellers) 22.87 in C. Max Ascent Speed 11.2 mph D. Max Descent Speed 9 mph E. Max Flight Time ~ 18 minutes F. Remote Controller Operating Frequency 2.400 GHz – 2..483 Ghz 5.725 Ghz – 5.825 Ghz
G. AutoTakeoff Rises to a preset height and will hover in place until directed where to go.
H. AutoReturn Home Remembers the exact spot it took off from and returns to it under PIC control. I. Low Battery Failsafe If the flight battery is running low, return to h o m e , o r i t l o s e s connection with the remote it will return to home.Specific Sections of C.F.R From Which Alex Huppenthal Seeks Exemption

I. Section 61.113(a) and (b) Private Pilot Privileges and Limitations Sec-on	61.113	states	that	no	person	who	holds	a	private	pilot	cer-ficate	may	act	as	pilot in	command	of	an	aircraM	that	is	carrying	passengers	or	property	for	compensa-on	or hire;	nor	may	that	person,	for	compensa-on	or	hire,	act	as	pilot	in	command	of	an aircraM.	The	sUAS	will	not	carry	a	pilot	or	passengers.	Then	the	stated	opera-ons	can achieve	the	equivalent	level	of	safety	by	requiring	the	PIC	opera-ng	the	aircraM	to	have completed	FAA	Private	Pilot	Ground	school	instruc-on	and	passed	the	FAA	Private	Pilot wri\en	exam	to	operate	these	sUAS.	These	sUAS	are	not	capable	of	carrying	a	pilot	or passengers,	therefore	dis-nguishing	them	as	remotely	controlled	vehicles.	The area	of opera-on	is	controlled	and	restricted	providing	a	sound	level	of	safety	referenced	from the	opera-ons	manual.	The	risk	associated	with	the	opera-on	of	a	UAS	are	greatly reduced	with	a	private	pilot	ac-ng	as	PIC	thus	exceeding	the	present	level	of	safety achieved	by	sec-on	61.113.

II. Section 91.119 Minimum Safe Altitudes Sec-on	91.119	states	persons	may	operate	a	helicopter	at	less	than	the	minimums prescribed	in	paragraph	(b)	or	(c)	of	this	sec-on,	provided	each	person	opera-ng	the helicopter	complies	with	any	routes	or	al-tudes	specifically	prescribed	for	helicopters	by the	FAA.	The	sUAS	meets	this	criteria	as	a	helicopter	and	requests	the	ability	to	operate at	al-tudes	up	to	400’	AGL.	Only	in	accordance	with	preobtained	consent	will	the	sUAS operate	while	also	maintaining	an	al-tude	less	than	400’	AGL.	For	comparison	with tradi-onal	aircraM	and	rotorcraM	the	sUAS	weighs	less	than	10lbs,	while	also	preven-ng poten-al	risks	associated	with	flammable	fuel.	Lastly	the	400’	AGL	ceiling	limits	any ability	for	the	sUAS	to	interfere	with	conven-onal	aircraM	opera-ng	at	or	above	500’ AGL.

III. Section 91.121 Altimeter Settings Sec-on	91.121	states	each	person	opera-ng	an	aircraM	shall	maintain	the	cruising al-tude	or	flight	level	of	that	aircraM,	as	the	case	may	be,	by	reference	to	an	al-meter that	is	set,	when	opera-ng	below	18,000	feet	MSL,	to	the	current	reported	al-meter sebng	of	a	sta-on	along	the	route	and	within	100	nau-cal	miles	of	the	aircraM.	In	the case	of	an	aircraM	not	equipped	with	a	radio,	the	eleva-on	of	the	departure	airport	or	an appropriate	al-meter	sebng	available	before	departure.	The	sUAS	will	reference	its al-tude	based	on	GPS	and	will	be	restricted	to	a	400’	AGL	ceiling.	The	PIC	will	also	verify GPS	eleva-on	from	mul-ple	ground	based	sources	prior	to	takeoff.

IV. Section 91.151 Fuel Requirements for Flight in VFR conditionsSec-on	91.151	states	no	person	may	begin	a	flight	in	a	rotorcraM	under	VFR	condi-ons unless	(considering	wind	and	forecast	weather	condi-ons)	there	is	enough	fuel	to	fly	to the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	aMer	that for	at	least	20	minutes.	The	sUAS	ba\ery	powered	opera-onal	flight	-me	is	not	able	to incorporate	a	20	minute	reserve	window	following	successful	first	point	of	intended landing	due	to	current	ba\ery	capacity	limita-ons.	In	order	to	provide	adequate	reserve power	for	return	landing	the	sUAS	will	abide	by	a	12	minute	flight	-me	or	25%	of remaining	ba\ery	power,	whichever	happens	first.

V. Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b) These	sec-ons	only	apply	to	aircraM	with	an	airworthiness	cer-ficate,	Alex	Huppenthal requests	exemp-on	from	these	sec-ons	because	the	DJI	Phantom	3	and	Inspire	1	do	not require	airworthiness	cer-ficates.	Both	sUAS	are	in	accordance	with	FMRA	Sec-on	333 for	opera-on,	absent	an	airworthiness	cer-ficate.	In	order	to	insure	proper	maintenance the	opera-ons	manual	will	be	cited	for	necessary	correc-ve	measures.	In	addi-on,	the PIC	is	the	person	most	familiar	with	the	aircraM	and	best	suited	to	maintain	the	aircraM in	an	airworthy	condi-on,	and	any	sUAS	conducted	maintenance	will	be	documented	for the	life	of	the	aircraMs.

Public Interest

● Real estate agents will be able to review their listings with a unique perspective only available from sUAS photographic equipment, increasing customer satisfaction.

● Solar energy designers and installers will safely inspect potential installation locations without putting themselves at risk in high elevation and sloping situations.

● Farms and Ranchers will have the ability to survey their land in a timelier manner and better document the condition of their lands.

● Natural Resource Managers will have aerial data to determine well head gas leakages and other particulate matter helping them conform to regulations.

● Search and rescue entities may call on me to utilize my service to help find lost persons and this may promote quicker rescue by helping locate those in need of aid from visual perspectives not otherwise available. Public Safety

● Both sUAS will reduce air and noise pollution do to the aircraft being powered by a battery and brushless electric motors.

● These small aircraft have less potential for harm should an emergency situation occur because of their size and weight.● The lack of combustible fuel also contributions to the safety of these sUAS.

Conclusion Based on the criteria provided under the FMRA Section 333, Alex Huppenthal requests that the FAA grants him exemption from 14 C.F.R Sections 61.113(a) & (b), 91.119(b) and (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) in order to conduct contracted commercial sUAS operations using the DJI Phantom 3 and Inspire 1 for a wide range of industries and applications.
Please advise of any additional information or changes that may be required.

Kind Regards,

Alex Huppenthal