### Richard D Varnold

407 West First Street Galesburg Illinois 61401 309

- 368

- 2341 rvoutdoorsman@msn.com RE: Exemption request pursuant to section 333 of the FAA modernization and reform act of 2012 and part 11 of the FAA regulations. To whom it may concern, I Richard Varnold, owner and operator of a DJI Phantom 3 professional UAS, am requesting exemption s from the following regulations in order to legally operate an Unmanned Aircraft System in the National Airspa ce system. 14 CFR Part 21, Airworthiness certificate given the size and limited operating area associated with the UAS I am seeking exemption from part 21 and meets the requirements of an equivalent level of safety under part11 and section 333 of the reform act.
14 CFR 45.23 ( b ) , states that required N

- numbers be in the 2

- 6 inch range but are much too large to be placed on the UAS I plan on using. Therefore I am seeking exemption from CFR 45.23(b). I am recommend ing making the N

- numbers a feasible size

. 

## 14	CFR	61.113 **( a** **)**
**- (** **b )**  **, 61.113**  **Private pilot privileges and limitations: Pilot in command.** (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may

act as pilot in command of an aircraft th at is carrying passengers or property for com pensation or hire; nor may that person, for compensation or hire , act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employme nt; and (2) The aircraft does not carry passengers or property for compensation or hire.


### A private pilot certificate can act as pilot in command in other air c raft. The UAS has different flight characteristics and systems so the novice should be given a minimum time operating the UAS before assuming PIC responsibilities

. 14 CFR 91.7(a), prohibits the operation of an aircraft witho ut an airworthiness certifi cate. S ince there is currently no airworthiness certificate for most UAS an exemption is requested.
14 CFR 91.9 ( b ) ( 2 ) , Requires a flight manual on board before operations. Exemption requested because inability of UAS size to hold flight manual. All manuals and check list will be retained at the ground station.

### 14 CFR 91.103 (b)(2),

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Since there is no information available for the UAS performance values as it relates to airport elevation and runway

slope, and wind and temperature. Therefore I am requesting an exemption. All flights are to be conducted in VFR conditions and temperatures above 0c and no precipitation.

. 

### 14 CFR 91.109, Requires dual controls for flight instruction. Since the UAS has no operating dual controls and is operated by radio an exemption is requested. 14 CFR 91.119, over other than congested areas, an aircraft cannot be operated any closer than 500ft. The UAS is restricted no higher than 400ft. above ground level an exemption is requested. All flights are to maintain 500ft clearance from non

- participating persons, vessels, vehicles and structures

. 14 CFR 121 requires an altimeter for operations below 18,000ft. Considering most UAS don’t have an altimeter and rely on GPS for altitude an exemption is requested.
14 CFR 151 require day time flights in VFR conditions to have 30 minutes of fuel on board . Since most UAS are battery operated and only last for 20 minutes an exemption is requested.


## 14	CFR	91.405 **Ma intenance required.**  Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; 

### The pilot in command shall inspect the UAS prior to every flight and follow the manufacturer’s pr eflight checklist. If any item needs repaired it will be done before the flight occurs.

**91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.**  (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; and (2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter ha s been made. 

### The need for an A&P mechanic is not needed to sign off on repairs . I am requesting an exemption for 91.407. All minor repairs and maintenance will be done according to manufacturer procedure and factory specified parts will be used

.**§91. 409**  **Inspections.**

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within t he preceding 100 hours of time in service the aircraft has received an annual or 100

- hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certi ficate in accordance with part 21 of this chapter. The 100

- hour limitation may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done mu st be included in computing the next 100 hours of time in service. The UAS has no airworthiness certificate and doesn’t fall under these guidelines so an exemption is requested. The UAS will be maintained by the owner operator according to factory specific ations. **§91.417 Ma**  **intenance records.** (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and applianc e of an aircraft. The records must include

— The UAS doesn’t fall under these guidelines unless it had an airworthiness certificate so a request for an exemption is made. The maintenance records will be m aintained by the owner/pilot in command. I, Richard D. Varnold would provide professional aerial video/photography services in these fields; 1. Agriculture land s, including homesteads, livestock and tim ber

. 2. Real estate, including rural housing, private clubs, golf courses and estate listing. 3. Construction site s , including pre - inspection and estimation. Before, during and completed video/photography for reference and /or promotional advertising. 4. Private or public events including reunions, weddings and aerial portraits. 5. Provide aid for search and rescue operations. 6. Environmental issues, hydrology, chemical spills and other land use s etc. 7. News gathering when the opportunity presents its self. 8. Training/demonstrations for those interested in learning and growing the field.The Unmanned Aircraft system I plan on using is a DJI Phantom 3 Professional. It is an electric

powered quad copter powder with lithium ion batteries that gives it a flying time of 23 minutes. It has a top speed of 16m/sec and weighs 1280 grams. It has GPS/GLONASS positioning with a failsafe mode that brings back to the take off point in case of signal loss or low battery. Wh ile returning to the home point, the aircraft’s altitude can be adjusted to avoid obstacles. It has a vision positioning that holds its position when 2m off the ground and adds to safety. The controller operates on a frequency of 2.400GHz

- 2.483GHz and is FCC approved . The apple I

pad is mou nted on the controller for video display and vital information su ch as battery level and GPS ma pping

. The map feature even displays no fly areas such as airports. The camera has live feed video that may aid in search and rescue. Also given the small size of the UAS, compared to full size aircraft, the restricted area of operation, and safe operating procedures, the UAS adds to the level of safety that protects the public and property. These procedures will be followed to protect persons and property; 1. The UAS will weigh less than 55 lbs. 2. All flights will be operated within line of sight, 3. All flights will be terminated at 30% battery level. 4. The operator is prohibited from flying the UAS unless there is a fully charged battery installed. 5. The operator before flying the UAS must take into consideration of wind direction and speed as it affects battery life and performance. 6. The UAS will be kept at a slow speed as possible to per form assigned job and not attain UAS top speed of 16m/s ( 35m ph) only in emergency situation s , such as avoidance. 7. Flights will not exc eed higher altitude than needed to perform the job and not to exceed 400 ft. AGL. 8. UAS operator will be trained and/or certified in the proper safety and operations of the UAS according to the operators manual and FAA regulations. 9. The UAS will only operate in a designated area assigned in the pre

-flight plans. 10. The border of the assigned area will be marked with orange cones or equivalent markings (yellow caution tape, posts, etc.) with signage of “Unmanned Aircraft System O perating in A rea! ” 11. Permission must be attained from all property owners involved, private or public. 12. Public announcement may be issued, newspaper, radio, town hall meeting, etc. To raise public awareness of UAS working in area and increasing safety. 13. Trained observer wil l have knowledge of UAS involved including FAA regulations and safety procedures. 14. Preflight plans including intended path, time of flight and height will be gone over with all participating persons. 15. The UAS has a failsafe mode for lost signal; low batte ry power and manual return home command that returns the UAS to the take off point at a preset altitude to avoid obstacles. 16. The pilot in command has the ability to terminate the flight if any adverse conditions arise such as decreasing VFR conditions, ma nned flight in the area , obstacles or emergencies

. 17. The operator will follow all of the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit for the aircraft and components. 18. The UAS will comply with all manufacturer safety bulletins and kept updated with the latest firmware that is downloaded into the UAS and/or controller. 19. The operator will have at least a sport pilot certificate and a current FAA airman medical certificate or a valid U.S. driver’s license. 20. The UAS will only be operated under these cond itions; Daylight hours with Visual flight rules , winds below 22mph and no precipitation and/or freezing temperatures (at or below 0c)

. 21. A checklist for all flight modes will be as follows ;

# Preflight Checklist for safe Operation of Drones

1. 

### All firmware up to date. 2. 

### Inspect UAS for obvious defects. 3. 

### Batteries fully charged. 4. 

### Propellers tightened an d /or locked. 5. 

### SD card in camera. 6. 

### Monitor brightness set on high & hood installed.

7. 

### Antennae up. 8. 

### Transmitter turned on. 9. UAS turned on. 10. Minimum return height set. 11. UAS placed in safe launc h and return area. 12. Place UAS into the wind & facing away from operator.

13. Area clear of people. 

# Flight
1. Warn bystanders of imminent flight. 2. Hover close for 20 seconds loo k/listen for defects

. 3. Confirm expected stick operation. 4. Moni tor battery power. 5. Monitor signal strength. 

# Landing
1. Minim um return height s et 2. Clear area of debris and/or gear. 3. Warn bystanders of imminent landing. 4. B e sure to approach & land into the wind. 5. Shut motors down before handling.

6. Turn off UAS. 7. Turn off controller. 

## Go Slow & Be SafeI hope that the regulations listed satisfy the requirement for the section 333 exemption application

according to 14cfr

- 11. 81. Please let me know if I need to amend or modify any part of t his request to fulfill the requirement. Sincerely Yours, Richard D. Varnold



### https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1. 6.pdf