8/31/2015

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

Washington, DC 20590

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”), Ryan Russow (the “applicant”), operator of an Unmanned Aircraft Systems (“UAS”) seeks 

an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial operation 

for aerial imaging and video production, for the main purpose in the real estate industry. Other 

purposes may be: assisting law enforcement agencies, emergency servies, environmental 

monitoring, infrastructure inspections, architectural and agricultural reasons. The use of a UAS 

will provide a higher level of safety for the user and public because of the light weight, low 

speed, and battery operation.

Applicant:

Ryan Russow

24294 Clark Rd

Belleville, MI 48111

Attachments:

Phantom 3 Safety Manual

Inspire 1 Safety Guidelines 

Airline Transport Pilot Certificate (copy)

Certified Flight Instructor Certificate (Instrument) (copy)

FCC Radio Operator License (copy)

Medical Certificate (copy)

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b)

14 CFR 61.103 (b) (2)

14 CFR 61.113 (a) and (b)

14 CFR 61.315 (a) and (c)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.105

14 CFR 91.109 
14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a)

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (1) (2) 

14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why:

14 CFR Part 21 subpart H

The UAS to be operated carries neither pilot nor passenger and carries no

explosive materials or flammable liquids. Given the size, weight, speed, and

limited operating area associated with the aircraft to be utilized, I request

exception. In the restricted environment and under the conditions proposed

operation will be at least as safe, or safer, than a conventional aircraft

operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b)

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station

on which to market certain words or phrases. Lettering would be very

difficult to place on such a small aircraft and dimensions would need to be

smaller than required minimum. Understanding the importance of lettering I

will mark my UAS with the largest possible letters by placing the word

"Experimental" or assigned number or name, based on request/ruling of

FAA, on UAS fuselage. The equivalent level of safety will be provided by 

saving the UAS marked on its fuselage as required.

14 CFR 61.103 (b) (2)

This section will be complied with through the use of the user manual and safety guidelines 

provided by the manufacturer. Pilot will exceed the recommended distance for takeoff and 

landing.

14 CFR 61.113 (a) and (b) and 14 CFR 61.315 (a) and (c)

These sections limit private pilots and sport pilots to non-commercial operations. Because

Petitioner’s UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent

level of safety of current operations by requiring the PIC operating Petitioner’s UAS to have a 

private pilot’s or sport pilot’s license rather than a commercial pilot’s license to operate 

Petitioner’s small UAS. Unlike a conventional aircraft that carries the pilot and passengers, 
Petitioner’s UAS are remotely controlled with no persons onboard. The area of operation will 

be controlled and restricted, and all flights will be planned and coordinated in advance. The 

risks associated with the operation of Petitioner’s UAS are so diminished from the level of risk 

associated with commercial operations contemplated by 14 CFR Part 61 when drafted, that 

allowing operations of Petitioner’s UAS as requested with a private pilot or sport pilot as the PIC 

exceeds the present level of safety achieved by 14 CFR §§ 61.113(a) & (b) and 61.315(a) & (c).

The observer will not be required to have a pilots license but will be thoroughly briefed on 

safety protocols and communication procedures.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft for maintenance and use of

safety check list prior to each flight an equivalent level of safety will be

provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight

manual on the aircraft. There is no room, capacity, or pilot on board to

adequately carry flight manual. A equivalent level of safety will be

maintained by keeping the flight manual at ground control point where the

pilot will have immediate access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an

exemption will be needed. Normal procedures including but not limited to;

reviewing weather, flight battery requirement, landing and takeoff distances,

along will all of those found in attachment "DJI User Manual and Safety Guidelines". An 

equivalent

level of safety will be provided by preflight protocol to properly match the machine.

14 CFR 91.105

Flight crewmembers are not required to be in the aircraft nor is there space for passengers. I 

am requesting exemption from this regulation since there are no safety restraint devices 

located on the UAS.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls.

Flight control is achieved through the use of a control box that

communicates with the aircraft via radio communications. The equivalent 

level of safety provided because neither a pilot nor passenger will be carried
in the aircraft, and by the speed and size of the aircraft. Since this exemption will require at 

least a Private Pilot certificate, I will instruct any other pilot on the use of this aircraft, Including 

but not limited to preflight, take off and landing, cruise, post flight, maintenance inspection, 

emergency operations, and other normal/abnormal maneuvers. No pilot will fly this aircraft 

without prior approval of Ryan Russow.

14 CFR 91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations

because my UAS does not carry pilot nor passenger. I will require at least a Private Pilot 

Certificate and valid 3rd class medical along with the required training per the user/safety 

manual, if using this UAS for the purpose of for hire flights.

91.119(c)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations

conducted closer than 500 feet to the ground may require that the UA be operated closer than

500 feet to essential persons, or objects that would not be possible without additional relief. 

The petitioner requests modification, waiver or exemption and clarification concerning the 

terms “congested areas” and “densely populated”. The petitioner requests waiver for this 

condition to allow reasonable and responsible operations in areas of subdivisions and 

neighborhoods if required. There are built in safety measures in the aircraft that will alert the 

user if low on battery or if the aircraft is getting close to becoming out of range. If this was to 

occur the pilot will immediately return the UAS to a safe landing area.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS

altitude read out. I believe an exemption may be needed. An equivalent

level of safety is achieve by the operator receiving live flight data monitoring

and confirming current altitude along with altitude of launch site shown on

GPS altitude indicator. There are other safety measures that can be preprogrammed like max 

altitude.

41 CFR 91.151 (a)

The battery power UAS provides less than 30 minutes of powered flight without a payload. I will 

not be able to provide 30 minutes of reserve fuel required by 14 CFR 91.151.The UAS will only 

be flown in a line of sight manner and will have a reserve of 25% Battery power. I believe this 

will be an equivalent level of safety by prohibiting flight unless winds and forecasted weather is 

taken into consideration and that there is enough available power to conduct intended 

operations and to operate with a least 25% of reserve power or whatever is recommended by 

the manufacturer (whichever is greater) The craft going to be used also as an addition level of 

safety that alerts the operator of a low battery scenario and if it does run low it will return and 

auto land.
14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS

has no ability to carry certificate and registration documents on the aircraft.

There is no room, capacity, or pilot on board to adequately manage such

documents. An equivalent level of safety will be achieved by keeping these

documents, to the extent they are applicable to the UAS, at the ground

control point where pilot has immediate access to them.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and 

ensure that the UAS is in a condition for safe flight in accordance with the operating 

documents. The FAA found that adherence to the petitioner’s operating documents and the 

conditions and limitations specified, describing the requirements for maintenance, inspection, 

and recordkeeping, were sufficient to ensure that safety would not be adversely affected.

Other Considerations: 

1) UA will not operate at a speed over 100 mph (Actual speed is less than 40mph)

2) The UAs will operate in a visual line of sight of the PIC at all times with a current FAA issued 

airman medical certificate

3) The aircraft will always be preflight and post flight inspected and at all times will be flown in 

an airworthy condition. 

4) Flight tests will be made after the case of a maintenance procedure or alteration that may 

affect flight characteristics. Greater than 500’ from any person or place.

5) The Owner/Operator will follow any manufacturer safety bulletins or recommendations that 

will create a safer operation.

6) All UA flights will utilize a visual observer (VO) within range for verbal communication. With a 

clearly stated Pilot In Command before flight commences.

7) The safety manual includes the compliance with the FCC

Ryan Russow is seeking relief from all FARs above preventing applicant from conducting aerial 

photography and video of real estate and property taken in the NAS, at a speed less than 40

mph, and with a maximum flight time of 25 minutes. The drones to be used are DJI Phantom 3

professional series, and DJI Inspire 1. All are under 4 pounds of weight except the Inspire which 

is under 7 pounds. and thus meet the definition of "small unmanned aircraft" found in section 

331 "The Reform Act". In order to obtain high quality photography and video the UAS will be 

used at speeds much less than their top speed of 33.5 mph. Due to the UAS being battery 

powered there are no combustible fuels onboard. Maximum flight time for these particular 

UASs is about 25 minutes of battery life, flights to be terminated with 25% battery life 
remaining. Given the size, weight, speed, and limited operating area associated with the aircraft 

to be utilized I find this exception to be reasonable with an equivalent, or greater, level of 

safety to be reached by the operator.

Safety

Please see attachment of Safety Guidelines. There are multiple layers of safety to prevent the 

aircraft to go out of range, run out of battery life, and to enter protected airspace. Further, I am 

an Airline Transport rated pilot (ATP) currently flying for a Part 121 air carrier. I am a current

Certified Flight Instructor, and Certified Flight Instructor- Instrument. As a flight instructor I 

have over 1000 of instruction given and an extensive knowledge of the NAS. I also have a 

thorough understanding of the FAR/AIM. I and any other user will be briefed on safety 

measures that will exceed the FAR/AIM and the safety guidelines listed by the manufacturer. 

Thorough Preflight and maintenance inspections along with a review of the weather and 

intended flight path will keep my operation/people/structures around the UAS safe.

Additionally:

1) I will not operate within 5 miles of an airport unless prior contact to Air Traffic Control 

or the airport manager has been made.

2) I land my UAS prior to the manufacturer recommended minimum level of battery 

power.

3) I pilot my UAS through remote control line of sight

4) My UAS uses GPS and other flight safety features wherby it returns to a preprogrammed 

position and then slowly lands if communication with the remote control pilot is lost.

5) I actively analyze data and other sources of information to constantly update and 

enhance safety protocols

6) I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance

7) I always obtain all necessary permissions prior to operation

8) I have procedures in place to abort flights in the event of safety breaches or potential 

danger

9) PIC will maintain required Cloud Clearances as part of Basic VFR: 14 CFR 103.23

10) At no time will the aircraft operate above 400 feet AGL (Above Ground Level)

Public interest

With the permission of the FAA the use of an UAS for commercial photography and 

videography for real estate use would provide the buyer and seller a higher level of service. For 

the buyer these photos and videos will give them a clearer picture of what the house and 

property has to offer. This is especially important if the potential buyer does not live locally. 

Quicker home sales will help boost the economy locally and federally. It may give an extra 

peace of mind for travelling buyers. When agents are selling properties most pictures are 

limited from where the real estate agent can stand. This UAS will provide a better vantage point 
for the agent to attract buyers and give the buyers a “bigger picture” to what they will be

investing in. This will also provide a “green” alternative to the use of helicopters or airplanes for 

these type of pictures. Since the aircraft is battery powered it presents little to no emissions, 

noise, or combustible fuels. This will pose a much safer operation compared to alternatives

My exemption is similar to approved exemptions Nos. 11062, 11109, 11112, 11213

Thank you for your consideration.

Ryan Russow

ATP# 3339997