**RAUCH inc. FAA Petition for Exemption** 

July 1 4 , 2015

U.S. Department of Transportation Federal Aviation Administration Document Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

PETITION FOR EXEMPTION

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCER NING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Prepared by: Dustin Rauch, PE
Vice President
RAUCH inc. 110 North Washington Street Easton, Maryland 21601
410

- 770

- 9081 dustin@raucheng.com



### Page | 1**RAUCH inc. FAA Petition for Exemption** 

TABLE OF CONTENTS

G lossary of A bbreviations 2
S ummary 3
Introduction and Rationale for Seeking Exemption 3
B asis for P etition 4
A. N ame and A ddress of P etitioner 5
B. T he S pecific S ections of 14 CFR F rom W hich RAUCH inc. S eeks E xemption 5
C. T he E xtent of R elief RAUCH inc. S eeks and the R eason RAUCH inc. Seeks the Relief 8
D. T he R easons W hy G ranting RAUCH inc.’s R equest W ould be in the P ublic Interest 10
E. The R easons W hy G ranting RAUCH inc.’s E xemption W ould N ot Adversely Affect Safety 1 2
F. S ummary T hat C an be P ublished in the F ederal R egister 2 2
G. A dditional Information

, V iews or Arguments A vailable to Support RAUCH inc.’s Request 2 3
Con clusion 2 3
A ttachment A

– DJI Phantom 3 User Manual
A ttachment B

– DJI Phantom 3 Pre

- Flight & Post

- Flight Checklist
A ttachment C

– DJI Phantom 3 Preventive Maintenance Schedule

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration

FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System

VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing



### Page | 2**RAUCH inc. FAA Petition for Exemption** 

SUMMARY

RAUCH inc. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit RAUCH inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of pe rforming aerial imagery, videos, topography generation, orthorectification of aerial imagery and wildlife monitoring for public safety in certain areas of the United States.

INTRODUCTION AND RATIONALE FOR SEEKING EXEMPTION

RAUCH inc. (formerly Robert D. Rauch & Associates

, Inc.) is a full service Civil Engineering Design, Surveying and Project Management consulting firm located in Easton, MD

. After 30 years in business, we remain focused on providing superior service and a high qualit y product. RAUCH inc. provides comprehensive civil site design engineering services for subdivision and site development. Our professional staff has over 30 years of experience creating innovative development concepts and providing cost

- effective engineeri ng solutions in a timely manner. RAUCH inc.'s site development engineers have a diverse range of capabilities to handle the most complex development projects. From the initial planning and layout through the permitting, approvals and construction phase s , t he qualified staff at RAUCH inc. provides clients with top quality site development services

. RAUCH inc. provides a wide array of services, including: Civil Engineering, Surveying, Environmental Science, Public Works, Water & Wastewater, Golf Course Design , and Construction Management & Project Administration.

The objective of RAUCH inc. and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high

- quality production system for a variety of governmental, commercia l, public, and residential uses, specifically targeting:

• Aerial imagery

• Videos

• Topography generation

• Orthorectification of aerial imagery

• Wildlife monitoring for public safety

RAUCH inc. seeks an exemption to operate a DJI Phantom 3 system for compensation or hire
within the NAS , without a pilot’s license, at or below 400’, while refraining from penetration of any No Fly Zones . The DJI Phantom 3 is a V ertical T akeoff and L anding (VTOL) Unmanned
Aircraft System (UA S ) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’ fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.



### Page | 3**RAUCH inc. FAA Petition for Exemption** 

The DJI Phantom 3 that will be operated by RAUCH inc. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, RAUCH inc. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11. 61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for

a n exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, RAUCH inc. ’s operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, RAUCH inc. requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

RAUCH inc. submits that the requested relief is proper since an equivalent level of safety will be
ensured. RAUCH inc. will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practi ces prescribed in the operating documents (i.e. DJI Phantom 3 User Manual

, Pre

- Flight &
Post

- Flight Checklist and Preventative Maintenance Schedule ). Furthermore, RAUCH inc. will
document and maintain all maintenance records for the DJI Phantom 3 UAS.

Re lief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges
and limitations: Pilot in command , is requested by RAUCH inc. to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level c ertificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasi ve and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

RAUCH inc. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the
DJI Phantom 3 UAS do es not require an airwort hiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, RAUCH inc. submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the oper ating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

Flight Checklist and Preventative Maintenance Schedule ), and that the aircraft i s in a condition



### Page | 4**RAUCH inc. FAA Petition for Exemption** 

for safe flight.

RAUCH inc. also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with RAUCH inc. ’s operation of the DJI Phantom 3 UAS within visual line of sight (LOS) , at or below 400 feet AGL, will ensure a level of safety equivalent to Section
91.121.

Additionally, RAUCH inc. seeks an exemption from the requirements of Section 91.151(b),
entitled Fuel requirements for flight in VFR conditions

. RAUCH inc. submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total durat ion of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to the point of take

- off.

In accordance with 14 C.F.R. § 11.81, RAUCH inc. pr ovides the following information in support of its petition for exemption:

A. N AME AND ADDRESS OF THE PETITIONER

The name and address of the Petitioner and point of contact is:

Dustin Rauch, PE
Vice President
RAUCH inc. 110 N. Washington St. Easton, MD 21601
Phone: 410

- 770

- 9081
Fax: 410

- 770

- 3667
dustin @ raucheng .com

B. T HE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RAUCH INC. SEEKS
EXEMPTION

1. RAUCH inc. Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part:



### Page | 5**RAUCH inc. FAA Petition for Exemption** 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), s tates the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-

(1) Below 18,000 feet MSL, to

-

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i ) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before depar ture.

4. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5

. RAUCH inc. Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or
alteration , subsection (a)(1), states the following:



### Page | 6**RAUCH inc. FAA Petition for Exemption** 

(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[.]

6. RAUCH inc. Seeks Exemptio n From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(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 air worthiness certificate in accordance with part 21 of this chapter.

7

. RAUCH inc. Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(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 appliance of an aircraft.
The records must includ e

-

(i) A description (or reference to data acceptable to the Administrator) of the work performed;
and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to
service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appli ance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be



### Page | 7**RAUCH inc. FAA Petition for Exemption** 

overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by th e inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or supersed ed by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registere d owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. T HE EXTENT OF RELIEF RAUCH INC. SEEKS AND THE REASON RAUCH INC. SEEKS THE RELIEF

1. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in
command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This r elief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth in greater detail below, RAUCH inc. submits that an equivalent level of safety will be
maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, RAUCH inc. submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant t o the grant of this Petition: (1) will be incidental to RAUCH inc. ’s business; and (2) will not carry passengers or property for compensation or hire.



### Page | 8**RAUCH inc. FAA Petition for Exemption** 

2. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From Section 91.7(a).

Reli ef from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow RAUCH inc. to determine that the DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

- Flight Checklist and Preventative Maintenance
Schedule ).

RAUCH inc. seeks the requeste d relief because the DJI Phantom 3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, RAUCH
inc. will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance
with the operating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

- Flight
Checklist and Preventative Maintenance Schedule ) prior to every flight, and further, determine
that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From
Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude inf ormation from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), RAUCH inc. seeks the requested re lief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations (no higher than 400 feet AGL) , relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be
maintained since the DJI Phantom 3 UAS is equipp ed with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the

heads

- up display of the GCS.

4. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visu al flight rules (VFR),
for a total duration of 23 minutes. RAUCH inc. seeks the requested relief because without an



### Page | 9**RAUCH inc. FAA Petition for Exemption** 

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial imagery, video , topography generation or wildlife monitoring operations that RAUCH inc. proposes to conduct pursuant to
this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI
Phanto m 3 operating documents, and RAUCH inc. ’s proposed operating limitations, ensure that
RAUCH inc. will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), wit h enough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief RAUCH inc. Seeks And The Reason RAUCH inc. Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, RAUCH inc. requests relief from these Sections
because the DJI Phantom 3 UAS do es not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 UAS meet s the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, RAUCH inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS u sing the methods, techniques, and practices prescribed in the UAS operating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

- Flight Checklist and Preventative Maintenance Schedule ). Furthermore, RAUCH inc. will document and maintain all mainten ance records for the DJI
Phantom 3 UAS.

D. T HE REASONS WHY GRANTING RAUCH INC.’S REQUEST WOULD BE IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

Granting the present Petition will further the public interest by allowing RAU CH inc. to safely, efficiently, and economically perform aerial imagery, videos, topography generation, orthorectification of aerial imagery, and wildlife monitoring for public safety over certain areas of
the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of RAUCH inc. ’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy
issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UAS is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use
of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise



### Page | 10**RAUCH inc. FAA Petition for Exemption** 

and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congesti on around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3
UAS do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fe wer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS.

Conducting aerial acqu isitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video , photography and imagery flight operations. By using ba ttery power and electric motors, the DJI Phantom 3 UAS produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered ele ctric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial missions , the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft fligh t operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board) has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds wi th a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI P hantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like RAUCH inc. , to remain competitive and contribute to gro wth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology i n order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cos t of a traditional
manned aircraft.



### Page | 11**RAUCH inc. FAA Petition for Exemption** 

By operating the DJI Phantom 3 UAS, companies such as RAUCH inc. , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the
United States and ab road.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades,
RAUCH inc. ’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

- Flight Checklist and
Preventative Maintenance Schedule ) which requires property owner involvement as well as
local law enforcemen t notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 § 91.119.

E. T HE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL O F SAFTEY AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH RAUCH INC. SEEKS
EXEMPTION

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, RAUCH inc. ’s operation of the DJI Phantom 3 UAS meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in
accordance with 14 C. F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the nat ional airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), th e Secretary shall determine, at a minimum



### Page | 12**RAUCH inc. FAA Petition for Exemption** 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United S tates Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the n ational airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, RAUCH inc. submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating
limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and o perational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as A ttachment A.

ii. The DJI Phantom 3 UAS Global Posit ioning Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is pro vided at pages 11 of the DJI Phantom 3 User Manual attached hereto as A ttachment A.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is los t, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and will return to the home

p osition (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shut down.



### Page | 13**RAUCH inc. FAA Petition for Exemption** 

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as A ttachment A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual

, attached hereto as A ttachment A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

RAUCH inc. aerial imagery staff will be the only persons to act as a p ilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him or her at all times during flight operations.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating
Limitations.

In seeking this exemption, RAUCH inc. proposes to commercially operate its DJI Phantom 3 UAS for the special purpose of conducting aerial imagery, videos, topography generation, orthorectification of aerial imagery and wildlife monitoring for public safety over certain ar eas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pound s maximum gross weight: DJI Phantom 3 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for t he purpose
of aerial imagery, videos, topography generation, orthorectification of aerial imagery and wildlife monitoring for public safety

.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA S must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certific ate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.



### Page | 14**RAUCH inc. FAA Petition for Exemption** 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating docume nts.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate
the camera or other instruments.

9. The operating documen ts and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures
outlined in t he operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise it s operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or am endment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Of fice (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft
records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical com ponent, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft
records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or e quipment, not already covered in the relevant sections of the operating
documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements,



### Page | 15**RAUCH inc. FAA Petition for Exemption** 

in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety
Bulletins.

16. Th e authorized person must make an entry in the aircraft record s of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third

- class
medical c ertificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of tra ining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for fl ight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §
91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not au thorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on
a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre de termined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in



### Page | 16**RAUCH inc. FAA Petition for Exemption** 

accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The oper ator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more t han 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must b e as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement offic ial upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and
activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be condu cted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and
structures unless:

Barriers or structures are present that sufficiently protect nonparticipating per sons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, f light operations must cease immediately and/or;

The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;



### Page | 17**RAUCH inc. FAA Petition for Exemption** 

Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- a ccess property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operati on that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

RAUCH inc. submits that the equivalent level of safety establ ished by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering RAUCH inc. ’s proposed area of operations, and the operati ng limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, RAUCH inc. submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for RAUCH inc. ’s specific proposed flight operations.

The FAA has previously granted relief from Se ction 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 1115 9, 11160, 11161).

RAUCH inc. will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logge d, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addit ion to the hour requirements, the PIC must accomplish 3 takeoffs



### Page | 18**RAUCH inc. FAA Petition for Exemption** 

and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicab le regulations will ensure an equivalent level of safety during RAUCH inc. ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, s tating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operati ng the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10
hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that w as obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, profici ency, and experience

- building flights

, the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Accordingly, RAUCH inc. will ensure safe operations by not allowing any PIC to operate the DJI
Phantom 3 UAS unles s that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropr iate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, RAUCH inc. will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions
and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,



### Page | 19**RAUCH inc. FAA Petition for Exemption** 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for

ac tive monitoring of the flight path and altitude. This altitude information, combined with RAUCH
inc. ’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91 .121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical sp ecifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, RAUCH inc. will ensure that it will safely operate the battery powered
DJI Phantom 3 UAS duri ng daylight hours in VFR conditions, with enough battery power to fly
for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the l ocation of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide s audible and visual warnings to the
PIC at the GCS when the UAS e xperiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically

.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircr aft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in



### Page | 20**RAUCH inc. FAA Petition for Exemption** 

circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Require ments Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, RAUCH inc. submits that the equivalent level of safety with regard to the regulatory maintenance and alter ation requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because RAUCH inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the m ethods, techniques, and practices prescribed i n the operating documents (i.e. DJI Phantom 3 User Manual, Pre

- Flight & Post

- Flight Checklist and Preventative Maintenance
Schedule ). Furthermore, RAUCH inc. will document and maintain all maintenance records f or the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents,
RAUCH inc. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manual is attached hereto as

A ttachment A.

Likewise, the exemption sought will not adversely affect safety because RAUCH inc. will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of RAUCH inc. ’s proposed operating limitations, the operating documents, and
the technical aspects of the DJI Phantom 3 UAS, RAUCH inc. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 1 1161).



### Page | 21**RAUCH inc. FAA Petition for Exemption** 

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, RAUCH inc. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. P art 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting
aerial imagery, videos, topography generation, orthorectification of aerial imagery, and wildlife monitoring for public safety over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in
the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in
accordance with P art 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in acco rdance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for RAUCH inc. ’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level
of sa fety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A S UMMARY THAT CAN BE PUBLISHED IN THE FEDERA L REGISTER, STATING:

1. The Rules From Which RAUCH inc. Seeks Exemption:

RAUCH inc. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



### Page | 22**RAUCH inc. FAA Petition for Exemption** 

2. A Brief Description Of The Nature Of The Exemption RAUCH inc. Seeks:

This exemption will permit RAUCH inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial imagery, videos, topography generation,
orthorecti fication of aerial imagery, and wildlife monitoring for public safety over certain areas of
the United States.

G. A NY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO
SUPPORT RAUCH INC.’S REQUEST

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

.

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, RAUCH inc. ’s request for exemption may be granted pursuant to the authority of FMR A Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, prov ides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, RAUCH inc. will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, RAUCH inc. seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited

purpose of conducting aerial imagery, videos, topography generation, orthorectification of aerial imagery, and wildlife monitoring for public safety over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Co ngressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing RAUCH inc. to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

Wherefore, i n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, RAUCH inc. respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113 (a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit RAUCH inc. to operate the DJI Phantom 3 UAS commercially for the purpose of performing aerial imagery, videos, topography generation, or thorectification of aerial imagery

, and wildlife monitoring for public safety in certain areas of the United States.



### Page | 23**RAUCH inc. FAA Petition for Exemption** 

Respectfully submitted,

Dustin Rauch, PE
Vice President , RAUCH inc.



### Page | 24