May6, 2015

Hon. Michael Huerta Administrator Federal Aviation Administration U. S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from certainparts ofthe F ARs.

Dear Administrator Huerta:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, I (Thomas G. Rueckl) hereby apply for an exemption from the listed Federal Aviation Regulations ("FARs") to allow himto operate a small Unmanned Aircraft System ("sUAS") underthe conditions and limitations set forth inthis Petition.

The requested exemption would permitthe operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is (1) limited and (2) predetermined.

The name and address ofthe applicant is:

Thomas G. Rueckl Telephone: (920) 360-3868 Email: tom.ruecld®gmail.com Address: 1812 Pine Tree Court Luxemburg, WI 54217
Regulations from whichthe exemption is requested:

14 CFR Part 21 14 C.P.R.§ 45.23(b) 14CFR§61.3 14 C.P.R. § 91.7 (a) 14 CFR § 91.9 (b) (2) 14 C.P.R.§ 91.103 14 C.P.R. § 91.10914 C.F. R. § 91.119 14 C.F.R. § 91.121 14 CFR § 91.151 (a) 14 CFR § 91.203 (a) & (b) 14 CFR § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 14 CFR § 417 (a) & (b) 3

The Appendix describes the F ARs from which an exemption is requested and summarizes thejustification for each requested exemption.

The Petition is submitted to fulfill Congress' goal under Section 333(a) through (c) ofthe Reform Act, which directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rulemakingrequired under Section 332 ofthe Reform Act. Inmakingthis determination, the Administrator must determine which types ofUASs donot create a hazard to users ofthe NAS orthe public orpose a threat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability;

• Operation ofthe UAS in close proximity to airports andpopulated areas; and

• Operation ofthe UAS withinvisual line of sight ofthe operator.

Reform Act§ 333 (a).

Ifthe Adminstrator determines that such vehicles "may operate safely inthenational airspace system, the Secretary shall establish requirements for the safe operation of such aircraft inthenational airspace system." ld. § 333(c).

The Secretary has delegatedhis aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 ofthe Act, which includes sUASs. The Administratormay grant an exemption from a requirement of a regulationprescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthe Federal Aviation Act ifAdministrator finds the exemption in the public interest. 49 U.S.C. § 44701(£) See also 49 USC§ 44711(a); 49 USC§44704; 14 CFR §91.203 (a) (1).The petitioner wishes to become a professional aerial photographer/videographer. The scope of operations willinclude aerial photography and videography in Northeastern Wisconsin. Projects will include freelance news footage andphotos, and various assignments from clients including surveying farmland.

The wide availability of small Unmanned Aircraft Systems, also known as "microdrones," capable of carryinghigh-quality video cameras and priced at affordable levels intrigued the petitioner. His entire life has involved exploringnew technologies and refining their use. In October 2014, hebought a DJI Phantom 2 Vision, andhas flown it for total of30 hours over remote areas of NortheastemWisconsin, including Lake Michigan, the Kewaunee River, the Fox River and many other locations, exploring the potential and the limitations ofits video subsystem.

He is pleased withthe quality ofthe imagery captured andhas edited itinto a number of photographic vignettes that meethis high standards for technical quality and artistic merit. Now, a numberofpeople, farmers inparticular, haveheard about Petitioner's activities and have seen the results and are pressing Petitioner to undertake additional microdrone photography for compensation.

He has been advised by counsel that this is notnow permissible unless he obtains special permission from the FAA. Many competitors ofPetitioner are actively flying sUAS to conduct aerial photographyfor commercial purposes, notwithstandingthe FAA's stated prohibition. He also notes andhas read the congressionalmandate in sections 332 and 333 ofthe FAA Revitalization and Reform Act of2012 thatthe FAA move quickly to accommodate the economic and societal benefits that can result from widespread deployment of sUAS technology.
Accordingly, Petitioner applies for authorizationunder the FederalAviation Act, and the F

ARs rules to undertake the following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive advantage ifhe, as he prefers, complies with FAA policy.

Vehicle

The Petitioner will fly a DJI Phantom 2 Vision. This vehicle has built incapability to limit the height it flies above the ground, to limit the radius ofthe distance itflies from the operator, and to exclude itfrom class B, C, 5 and D airspace. The vehicle also has thebuiltin capability to return to the launchingpoint ifthe wireless control linkis interrupted or if the operator attempts to exceed any ofthe height, radius, or airspace limitations programmed into it.The vehicle weighs about five pounds empty and has a maximum gross weight of approximately twenty pounds. It has a top speed of about 30 knots. It has four fixed-pitch rotors, thrust from which is varied by changing RPM. It is poweredby a lithium polymer battery.
Flight profiles

The petitionerwill program the Phantom so that it will not fly above 400 feet above ground level, ormore than 1500 feet away from him. He will carefully preflight the vehicle before eachmission to assure that its compass and GPS system are properly calibrated and that the return-to-home feature, altitude, and radius limitations work.

He will operate it on aerial photography missions only in areas and at times when few people are out and about. He will operate it only over largely unpopulated areas where the potential ofuncontrolled descent to cause injury or damage is low. He will not operate itin controlled airspace. Inthe unlikely event that a manned aircraft flies below 400 feet AGL where the petitioners operatinghis Phantom, he will keep boththe vehicle and manned aircraft in sight and avoid the manned aircraft. More particularly, the Petitioner will fly the Phantomprimarily over the following types ofareas in NortheasternWisconsin:

@1> Overfarmland to surveyfields and crops

@ OverLake Michigan, outward ofthe shoreline



### w Over open waterin marinas, anchorages, and rivers appurtenant to Lake Michigan

@ Overlines ofrailroad and rail classification yards

@ Over expressways

@ Overnonresidential and noncommercial large-scale industrial areas

@1> Overprivatepropertywhenhe has been commissionedby the personin legal possession ofthe propertyto do so

The Petitioner's proposed operations satisfy the criteria provided in Section 333 ofthe Reform Act relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and operationwithin visual line of sight and national security. The Petitionjustifies grant ofthe requested exemptions allow the Petitioner to obtain aerial_ photography withhis microdrone.

Respectfully

# subm~·tted,~ 

# a 

# ;g

Thomas G. Rueckl · , 

# X/

1812 Pine Tree Co Luxemburg, WI 54217

# Appendix FAR Subject Justification
section 14 CFR § 45.23(b) Requirement to display Insufficient space on registration number on vehicle vehicle 14 CFR Part 21 Aircraft certification Designed for manned requirements and aircraft; not suitable for offprocedures the-shelf sUAS 14 CFR § 61.3 Requirementfor pilot Part 61 requirements certificate designed for manned aircraft, not sUAS; petition describes training for sUAS operator 14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; not suitable for offthe-shelf sUAS 14 CFR § 91.9 (b) (2) Requirementfor manual to No one aboard to read be available inthe cockpit manual 14 CFR § 91.103(b) Requirement for crew Unmanned vehicle members to be onboard 14 CFR § 91.109 Requirementfor dual No one aboard to operate controls during flight controls instruction 14 CFR § 91.119 Minimum altitudes for safe Safety requires operation flight below these altitudes 14 CFR § 91.121 Altimeter settings No one aboard to read altimeter 14 CFR § 91.151(a) Fuel requirements Vehicle does notuse fuel 14 CFR § 91.203 (a) & (b) Requirementfor No one aboard to read registration and certificates airworthiness certificates to be onboard 14 CFR § 91.205(b) Cockpit instruments No one aboard to read