February 29, 2016 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Petition of Michael A. Baklycki (hereinafter known as "Petitioner") for an Exemption 

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 2012 to operate an 

Unmanned Aircraft System. 

Petitioner's Contact Information 

Michael A. Baklycki 

25 Equestrian Rd. 

Egg Harbor Township, NJ 08234 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) 

and 14 C.F.R. Part 11, The Petitioner hereby applies for an exemption from the Federal 

Aviation Regulations identified below to allow for the commercial operation of the DJI Phantom 

3, Aeryon SkyRanger, and supplementary and alternatively to the operation ofthe DJI Phantom 

3 and Aeryon SkyRanger- to operate those UAS already approved in previous Section 333 

exemption petitions. 

I. . REGULATIONS FOR WHICH EXEMPTION IS REQUESTED 

• 14 C.F .R Part 21, Subpart H; • 14 C.F.R § 91.109(a); 

• 14 C.F.R Part 27; • 14 C.F.R § 91.119(c); 

• 14 C.F.R § 45.23(b); • 14 C.F.R § 91.121; 

• 14 C.F.R.§ 45.27(a); • 14 C.F.R § 91.151(a) & (b); 

• 14 C.F.R.§ 61.23(a)and(c); • 14 C.F.R § 91.203 (a) & (b); 

• 14 C.F.R § 61.113; • 14 C.F.R § 91.405(a); 

• 14 C.F.R § 91.7(a); • 14 C.F.R § 91.407(a)(l); 

• 14 C.F.R § 91.9(b)(2); • 14 C.F.R § 91.409(a)(2); 

• 14 C.F.R § 91.9(c); • 14 C.F.R § 91.417 (a) & (b). 

• 14 C.F.R § 91.103; 
II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS 

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 

Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft 

systems into the national airspace system." Pursuant to Section 333 ofthe Reform Act, the FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a 

hazard to users of the national airspace system (NAS) or the public or pose a threat to national 

security based on the following considerations: 

• The size weight, speed and operational capability; 

• Operation in proximity to airports and populated areas; and 

• Operation within visual line of sight of the operator. 

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency's safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(t), 44701-44716, et seq. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or 

how it would provide a level of safety at least equal to the existing rules. 14 C.F .R. § 11.81. 

III. DESCRIPTION OF THE PETITIONERS PROPOSED OPERATION 

Michael A. Baklycki is an FAA certified Private Pilot since 1996 (certificate# 3745955) and 

Engineer by degree and profession. He currently works at the FAA William J. Hughes Technical 

Center in Atlantic City NJ and has worked in aviation for over 13 years. He intends on 

conducting aerial research and development data collection which includes but is not limited to: 

aerial wildlife data surveying; other surveying, aerial photographic & video imagery, aerial 

telemetry and including but not limited to research and development for commercial purposes. 

The Petitioner also intends on conducting research and data collection operations involving 

search and rescue in a marine environment at a minimum of 200ft from shore. This would 

require operating UAS from marine vessels underway or making way. 

1 He will use the latest 

information leveraging skills, resources, and the FAA's B4UFly app to make sure that as a UAS 

pilot, he is well aware of all safety controls and FAA regulations. 

Based on the intended used and proposed flight operations, conditions and limitations, the 

Petitioner would like an exemption from the Federal Aviation Regulations (F.A.R.s) as listed in 

Section I of this petition to commercially operate the DJI Phantom 3 and Aeryon SkyRanger. 

The Petitioner anticipates operating a variety ofUAS. As an alternative to listing all UAS 

currently manufactured, the Petitioner requests that he be granted exemption to operate those 

UAS already approved in previous Section 333 exemption petitions. 

1

A condition and limitation set forth in Section 333 exemptions awarded to other petitioners included the following: "The UAS 

may not be operated by the PIC from any moving device or vehicle". This limitation would prevent the Petitioner from 

conducting research and data collection on search and rescue operations in a marine environment on a vessel that is underway or 

making way as the petitioner interprets "moving device or vehicle" to include marine vessels. 
A. The DJI Phantom 3 Overview 

The UAVIUASIUA which the Petitioner, will be operating is the DJI Phantom 3.. The inherent 

safety features, sophistication, programmability, GPS navigation, return home capability, airport 

vicinity no-fly feature and restricted altitude feature, as well as differentiating radio frequency 

(rt) for aircraft controller/receiver and for the camera make this a much safer UA V for the 

purposes of this petition. This is a hobby grade radio controlled UAV that has the capacity for 

software upgrades. 

It is light, less than 3 pounds including battery and camera. Incorporated into the programming 

of the Phantom is an automatic return home feature that automatically directs the craft back to a 

point of take-off should communication with the transmitter be lost. The Phantom has a cruising 

speed of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. 

Gross weight is 2.75 pounds. 

The DJI Phantom 3 has an additional communication link between the camera and craft on a 

different RF for a smart phone connection. Allowing the operator or Pilot in Command (PIC) to 

monitor battery level, altitude (AGL), distance from PIC, camera imagery, and control camera 

angle. The software for the Phantom allows the operator or PIC to set maximum altitude AGL 

for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet 

AGL as an example. The 400 foot maximum AGL altitude can be programmed into the UA V's 

software pre- flight to insure compliance with FAA standards. Adding to the safety capabilities 

of this UAV, this UAV is programmable to remain in position when controls are released 

maintaining altitude and GPS location. 

The DJI Phantom 3 has an altitude and radar monitoring function that allows the operator more 

precise determination of height, direction of flight and distance from the operator PIC. The 

operator or PIC can monitor GPS lock status while UAV is in flight, with the ability to anticipate 

loss of GPS locking so the operator or PIC can land the UA V as a precaution. 

The FAA has already granted numerous petitions for Section 333 exemption to commercial 

UASIUAV operators ofthe DJI Phantom 3. Example equivalent exemption numbers are: 12042, 

12046, 11977, 11953,11711, 11172A, 11899, 1306A. 

B Aeryon Sky Ranger Overview 

The Aeryon Sky Ranger is a quad-boom, four motor UAS capable of hover flight in both the 

vertical and horizontal planes. This system is designed to military and government specifications 

providing rugged durability and advance user interface. The Aeryon SkyRanger has an intuitive 

touchscreen interface, single operator transport and deployment, and reliable flight performance 

in the most demanding weather conditions. 

Flight operations with the Aeryon SkyRanger are controlled via GPS. Should the Aeryon 

Sky Ranger lose data connectivity, the UAS will automatically hold its GPS position (GPS hold 

for reliable location hover). The flight control system not only employs GPS positioning but a 

variety of sensors. These sensors include: sonar, barometric pressure, temperature, wind speed 

and others to ensure the most stability of any U AS in its class - regardless of the wind. 
The pilot in command of the Aeryon SkyRanger can operate the UAS in both semi and fully 

autonomous flight modes which means the pilot in command can create a pre-planned flight path 

that allows the UAS to fly in autonomous mode. Creating a preplanned flight path is as simple 

as clicking on the map and selecting the necessary waypoints. In semi-autonomous mode, the 

pilot in command selects, on a map, the various waypoints for the USA to fly. The Aeryon 

SkyRanger will automatically fly to the select waypoints where the operator is pointing. Further 

supplementing the user friendliness of the Aeryon SkyRanger, pre-mission waypoints, landing 

zone points and flight area dimensions can be entered during preflight operations to ensure that 

the Sky Ranger operates only within specified parameters. As such, the Aeryon SkyRanger can 

be operated entirely by a touch screen, map based interface. The pilot in command can control 

where the UAS goes, while the system flies for the operator. Like the DJI Phantom 3, these 

features reduce pilot in command fatigue while flying and provide the pilot in command the 

opportunity to focus on safety and obstacle obstructions through enhanced situational awareness. 

In addition to the user friendly interface, the Aeryon SkyRanger include advanced safety features 

which make flying this UAS one of the safest choices for both urban and non- urban 

environments. As an example, the Aeryon SkyRanger has a built-in intelligent fault handling 

system which allows the UAS to detect a system fault while in the air and to automatically fly 

back to its take-off location and land. The various faults the system can detect include: loss of 

communication RF; exceeding pre-set wind threshold; and low battery levels. The UAS 

combines the input from a multitude of sensors to create redundant systems. 

The pilot in command can create no fly zones or maximum flight ranges and altitudes so the 

system cannot enter areas deemed unsafe or unnecessary to fly over. The Aeryon SkyRanger's 

automated pre-flight system checks to ensure the system is flight ready before the UAV takes 

off. 

The FAA has already granted nun:lerous petitions for Section 333 exemption to commercial 

UASIUAV operators of the Aeryon SkyRanger. Example equivalent exemption numbers are: 

111265, 11112B, 11234, 11213, 11661, 11375, 11259 

C Other UAS Approved in Previous Section 333 Exemption Petitions 

The Petitioner anticipates the necessity of operating a variety of UAS to complete aerial research 

and development data collection. Supplementary and alternatively to the proposed operations of 

the DJI Phantom 3 and Aeryon Sky Ranger, and as an alternative to listing all UAS currently 

manufactured and meeting operational and safety requirements, the Petitioner requests that he be 

granted exemption to operate those UAS already approved in previous Section 333 exemption 

petitions (UAS examples including but not limited to: Sky Eye OGI, Sense Fly eBee AG, Sense 

Fly eXom, DJI Spreading Wings S 1 000). Example equivalent exemption numbers are: 14961, 

11109, 11112A 
IV THE PETITIONER'S PROPOSED OPERATIONS DEMONSTRATE AN 

EQUIVALENT LEVEL OF SAFETY 

The Petitioners primary objective with every flight will be the safe return of any UAS without 

injury to property or person. To obtain that desired objective, the Petitioner will abide by the 

specified limitation on proposed flight operations when performing commercial flight operations 

with the DJI Phantom 3, Aeron SkyRanger and operation of those UAS already approved in 

previous Section 333 exemption petitions. 

Given the small size involved, the procedures listed below, and pilot certification requirements, 

the Petitioner proposed operations using the DJI Phantom 3, Aeron SkyRanger and operation of 

those UAS already approved in previous Section 333 exemption petitions would "not create a 

hazard to users of the national airspace system or the public or pose a threat to national security." 

Reform Act Section 333(b)(l). 

1. The petitioner will not operate any UAS when weighing more than 55 pounds including 

payload. 

2. The aircraft will be identified by serial number, registered with the FAA, and have 

identification (N-Number) markings as large as practicable. 

3. Flights will be operated within visual line of sight of the pilot in command (PI C). 

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by PIC. 

5. The petitioner will not operate any UAS at an altitude of more than 400 feet AGL. 

Altitude will be monitored via GPS. 

6. The petitioner will not operate any UAS at a speed exceeding 87 knots. 

7. The Petitioner will only operate U AS within visual line of sight of the pilot in command 

at all times. 

8. The aircraft will be operated during daylight and in visual meteorological conditions. 

9. The petitioner will keep all operating documents defined as all documents needed to 

operate the UAS in accordance with all conditions and limitations in a file. 

Documentation will be supplied at the reasonable request of the administrator. The 

granted exemption will be accessible during all UAS operations. 

10. Flights will be operated at a lateral distance of at least 500 feet from any persons or 

property not associated with the operation who have not given prior permission. 

11. Minimum crew for each flight Will consist of a PIC and an Observer. 

12. The pilot in command will possess at least a private pilot certificate and a third class 

medical certificate 

13. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight . 

as well as contact information for the pilot in command and providing situational 

awareness by use of the FAAs B4UFly app. 

14. The flight operations will yield the right of way to other manned aircraft operations. 

15. All required permissions and permits will be obtained from territory, state, county or city 

jurisdictions prior to flight. 

16. If the UAS loses communications, it will have the capability to return to a predetermined location within the operational area and land. 

17. If the aircraft loses its GPS signal it will have the capability ofbeing flown manually to a 

predetermined location within the operational area and land. 
18. The flight will be aborted in case ofunpredicted obstacles or emergencies. 

19. Each flight will be recorded in an Operations Log Book. 

20. Maintenance on the aircraft will be recorded in a Maint~nance Log Book. 

21. The Petitioner will not operate any U AS within 5 nautical miles of an airport unless a 

letter of agreement with that airports management is obtained. The petitioner will make 

the letter of agreement with the airport management available to the Administrator or any 

law official upon reasonable request. 

V. SPECIFIC FAR EXEMPTIONS REQUESTED 

The Petitioner seeks an exemption from several interrelated provisions of 14 C.F .R. Parts 

21, 27, 45, 61, and 91 for purposes of conducting the requested operations using UAS. 

Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the 

operating procedures and safeguards that The Petitioner has established which will ensure a 

level of safety better than or equal to the rules from which exemption is sought. See 14 C.F .R. § 

11.81 (e). 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. § 91.203(a) & 

(b) 

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant ofExemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

UAS that fail to meet the requirements of the Reform Act, an exemption is requested. 

Equivalent Level of Safety: The UAS are safe when taking into account its size, weight, speed, 

and operational capability. The UAS shall weigh less than 55 pounds and will be flown at speeds 

less than 87 knots, in visual line of sight of the operator, and in remote and unpopulated airspace, 

specifically; on the sites. The UAS does not carry pilots, passengers, explosive materials, or 

flammable liquid fuels. The UAS will be operated within the parameters of the Manuals. 

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft 

operating with an airworthiness certificate without the restrictions and conditions proposed here. 

The proposed operations will also be as safe, or safer than, traditional power line monitoring 

and/or wind turbine inspection methods. 

B.14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the UAS would otherwise require certification under 

Part 27, The Petitioner seeks an exemption from Part 27's airworthiness standards for the same 

reasons identified in the request for exemption from 14 C.F .R. Part 21, Subpart H. 
C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification 

Requirements 

14 C.F.R. §45.23(b), Markings ofthe Aircraft states: 

When marks include only the Roman capital letter ''N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport, "experimental," or "provisional," as applicable. 

14 C.F.R. § 45.27(a) states: 

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces ofthe cabin, fuselage, boom, or tail the marks required by§ 45.23. 

14 C.F.R. § 91.9(c) states: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter. 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C if the markings are "as large as practicable." See 

Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14. 

Equivalent Level of Safety: The Petitioner will mark all UAS with their N- Number in a 

prominent spot on the fuselage with markings that are as large as practicable. 

D. 14 C.F.R.§ 61.23(a) Operations requiring a medical certificate and (c) Operations 

requiring either a medical certificate or U.S. driver's license; 

The Petitioner requests exemption from 14 CFR § 61.23( a) and (c) which provides for certain 

flight operations requiring medical certificates. The Petitioner's petition for exemption provides 

an equivalent level of safety in that the Petitioner would require the pilot in command to hold 

either a current medical certificate, of any class, or a valid U.S. Driver's License. The 

Petitioners petition for exemption provides an equivalent level of safety as provided in 14 C.F .R. 

§61.23(a) and (c). 

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

While the UAS will be operated as part of a commercial operation, it carries neither passengers 

nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined 

that the unique characteristics ofUAS operation outside of controlled airspace did not warrant 

the additional cost and restrictions attendant with requiring the Pilot in Command (PIC) to have a 
commercial pilot certificate and a class II medical certificate. The FAA has also determined that 

the required knowledge for a commercial pilot covers the same fundamental principles as a 

private pilot. 

The PIC will possess at least a private pilot certificate, a third class medical certificate, or have 

held a US Army Military Occupational Specialty (MOS) 15W Unmanned Aerial Vehicle 

Operator, USMC MOS 7314/7316 --Unmanned Aerial Vehicle (UA V) Air Vehicle Operator, 

and/or 150U Tactical Unmanned Aerial Systems (TUAS) Operations Technician, Navy MOS 

The FAA stated in its grant of an exception to Astraeus Aerial the "the FAA considers the 

overriding safety factor for the operations proposed by the petitioner to be the airmanship 

skills acquired through VAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing." See Exemption No. 11062, Docket No. 

FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by 

requiring the knowledge and experience in UAS operations described above. 

Furthermore, the security screening conducted by the Transportation Security Administration of 

certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a 

threat to national security. 

The planned operations the Petitioner has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. 

The Petitioner will operate in areas away from persons and property not involved in the 

operation. The aircraft will be flown based on visual line of site at or below 400 feet AGL. 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

14 C.F.R. § 91.7(a) states: 

The Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft 

be in airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. 

Accordingly, The Petitioner requests that the requirements for Section 91.7 be treated in 

accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19. 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. § 

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b )No person may operate a U.S.-registered civil aircraft -

(2)For which an Airplane or Rotorcraft Flight Manual is required by§ 21.5 ofthis 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 
any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a)Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1)An appropriate and current airworthiness certificate. 

(b )No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) ofthis section or a special flight authorization issued under§ 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The Petitioner requests an exemption from this section since UAS are not manned vehicles and 

there is no ability or location to carry certification or registration documentation or display on the 

UAS. An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them; to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700 

H. 14 C.F.R. § 91.103: Preflight Action 

The Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on 

board. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption 

No. 11062, p. 20. An exemption is requested to the extent that an FAA- approved Flight Manual 

is required. 

Equivalent Level of Safety: An equivalent level of safety will be provided by following the 

Manuals. The PIC will take all required preflight actions - including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas - before initiation of flight. 

The Manuals will be kept at the ground station with the operator at all times. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

The Petitioner seeks an exemption from 14 C.F .R. § 91.1 09( a), which provides that "[ n ]o person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of the A2 Flight Control System/Ground Control Station (GCS) 

that communicates with the aircraft via radio communications. 
Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the UAS will be a safe distance from the aircraft and the public, causing no safety hazard. 

Given the size and speed ofUAS proposed, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the aircraft, and all 

persons will be a safe distance away in the event that the aircraft experiences any difficulties 

during flight instruction. In addition, The Petitioner will conduct any flight training at a remote 

facility away from population centers. Any training flights will be conducted and otherwise 

comply with the provisions in the Manuals. Accordingly, The Petitioner proposed method of 

operation provides superior levels of safety. 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas 

The Petitioner requests an exemption from the minimum safe altitude requirements of 14 

C.F .R. § 91.119( c). Section 91.119( c) prescribes that an aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. The FAA has already determined that relief 

from Section 91.119( c) is warranted for UAS operations in uncongested areas with similar flight 

restrictions as those imposed by The Petitioner. See Grant ofExemption No. 11062, p. 20-

21. 

Equivalent Level of Safety: Compared to flight operations with UAS weighing far more than the 

maximum weights proposed herein, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well 

as the planned safety operations. All UAS will be operated away from persons or structures not 

involved in the operation. All persons who are not involved with the Petitioner operations but 

permitted to be present will be required to be at least 25 feet from operations. 

K. 14 C.F.R. § 91.121: Altimeter Settings 

This petition seeks an exemption from 14 C.P.R.§ 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport. The UAS may use either barometric pressure sensors or 

GPS to determine altitude but does not have the ability to set in a current altimeter setting. An 

exemption is required to the extent that the UAS does may not have a barometric altimeter 

setting. The altitude of the aircraft is monitored by the PIC on the ground control station and by 

the visual observer. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-of-sight 

in addition to GPS based altitude information relayed in real time to the operator. See Grant of 

Exemption No. 11062, p. 20-21. The UAS will be operated at or below 400 feet AGL and 

complies with the limitations in the Grant ofExemption No. 11062. 
L. 14 C.F.R. § 91.151(a) & (b): Fuel Requirements for Flight in VFR Conditions 

The Petitioner requests an exemption from 14 C.F.R. § 91.151(a) and (b)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane 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 -

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

(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 

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute reserve power supply. The 

Petitioner proposes that all flights comply with this requirement by mandating that the aircraft be 

safely landed with no less than 25% of remaining battery life. 

Equivalent Level ·of Safety The FAA has states that an equivalent level of safety is provided if 

the UAS flight is terminated with at least 25% reserve battery power still available. See Grant of 

Exemption to Astraeus Aerial, Docket No. FAA-2014-0352. The Operations Manuals confirm 

this limit, which provides an equivalent level of safety 

M. 14 C.F.R. §§ 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) & (b) and 

(b): Maintenance Inspections 

The Petitioner seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft 

"[ s ]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the UAS will not have. 

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the Manuals. This includes maintenance, 

overhaul, replacement, and inspection requirements for the aircraft and procedures to document 

and maintain maintenance records for the aircraft. This also includes preflight inspection 

procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15. 

performed that includes all of the aircraft's components. The Manuals also set requirements for 

maintenance log.books and record keeping as well as routine and post-flight maintenance. The 
Manuals set requirements for both annual maintenance and preventative maintenance. 

VI. Public Interest 

Granting The Petitioner petition for exemption furthers the public interest. National policy set by 

Congress favors early integration ofUAS into the NAS in controlled, safe working environments 

such as the sites proposed in this petition. By granting this petition, the FAA will fulfill 

Congress's intent of allowing UAS to operate safely in the NAS before completion ofthe 

rulemaking required under Section 332 of the Reform Act. 

The use of the DJI Phantom 3, Aeryon SkyRanger and those UAS already approved in previous 

Section 333 exemption petitions for aerial research and development data collection promotes 

public interest and safety. Where traditional fixed wing or rotorcraft aircraft are large, heavy, 

nosy, require flammable fuels, and manned operators, these UAS are small, light, quite, and do 

not require flammable fuels or manned operator. 

Since these UAS do not use flammable fuels and are battery powered, their use over the 

traditional fixed wing or rotorcraft aircraft will be more environmentally and ecologically 

friendly. Given the extreme lightness of these UAS, should an emergency result in a forced 

landing, injury to property or persons would be negligible compared to catastrophic injury to 

property or persons that would result with emergencies with traditional fixed wing or rotorcraft 

aircraft. 

The use of the DJI Phantom 3, Aeryon SkyRanger and those UAS already approved in previous 

Section 333 exemption petitions for aerial research and development data collection creates a 

new economic opportunities that could fuel continued growth of aviation and aviation related 

interests. Consequently, the public would benefit from the use ofUAS for commercial purposes 

as individuals like the Petitioner may develop new uses and applications which may lead to new 

jobs, economic opportunities and the fueling of innovation and creativity. 

VII. PRIVACY 

The Petitioners use of the DJI Phantom 3, Aeryon SkyRanger and those UAS already approved 

in previous Section 333 exemption petitions for aerial research and development data collection, 

as specified previously, will not implicate any privacy concerns. All flights will be conducted in 

accordance with any federal, state or local laws regarding privacy. 
VIII. SUMMARY FOR FEDERAL REGISTER 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Michael A. Baklycki airman certificate #3745955 (hereinafter known as "Petitioner") seeks an 

exemption from the following Federal Aviation Regulations (F.A.R.s)for the commercial 

operation ofthe DJI Phantom 3, Aeryon SkyRanger, and to operate those UAS already approved 

in previous Se~tion 333 exemption petitions: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 

C.F.R § 45.23(b); 14 C.F.R.§ 45.27(a); 14 C.F.R § 61.23(a)and(c);14 C.F.R § 61.113; 14 C.F.R 

§ 91.7(a); 14 C.F.R § 91.9(b)(2);14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14C.F.R § 91.103; 

14 C.F.R § 91.109(a); 14 C.F.R § 91.119(c); 14 C.F.R § 91.121; 14 C.F.R §91.151(a) & (b) 14 

C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14C.F.R § 1.409(a)(2); 

14 C.F.R § 91.417 (a) & (b). 

The Petitioner seeks exemption from the above listed F .A.R.s for the purpose of commercially 

operating Unmanned Aircraft Systems (UAS), to wit: the DJI Phantom 3, Aeryon SkyRanger. 

Supplementary and alternatively to the proposed operation of the DJI Phantom 3 and Aeryon 

SkyRanger, and as an alternative to listing all UAS currently manufactured which meet 

operational and safety requirements, the Petitioner requests that he be granted exemption to 

operate those UAS already approved in previous Section 333 exemption petitions. 

The Petitioner intends to commercially operate these UAS models for aerial research and 

development data collection which includes but is not limited to: aerial wildlife data surveying; 

other surveying, aerial photographic & video imagery, aerial telemetry, and conducting research 

and data collection operations involving search and rescue in a marine environment. As such, 

this petition will prove that the Petitioner's planned flight operations for the commercial usage of 

these UAS models provides an equivalent level of safety when compared to the F.A.R.s 

requiring exemption. 

In support of this petition, the Petitioner notes that the FAA has already granted numerous 

exemptions for similar commercial operators of the DJI Phantom 3 and Aeryon SkyRanger and 

other approved UAS. To that end, the Petitioner has highlighted some of the granted petitions for 

Section 333 exemption for similar commercial operations of the DJI Phantom 3 and Aeryon 

SkyRanger and other approved UAS. 

Under Section 333(b)(1) ofthe FAA Modernization and Reform Act of2012, this petition will 

give the FAA good cause to issue a Certificate Of Authorization by showing that the size, 

weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within the Visual Line of Sight of the Pilot in Command and Visual Observer of the Petitioners 

UAS models neither creates a hazard to users of the National Airspace System or public nor 

poses a threat to national security. To that end, the Petitioner seeks exemption from the above 

specified F.A.R.s as the Petitioner's flight operations provide an equivalent level of safety when 

compared to the F.A.R.s to be exempted. The Petitioner will adhere to any flight or atmospheric 

condition limitation imposed by the FAA. 
IX. CONCULSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012: size, weight, 

speed, operating capabilities, proximity to airports and populated areas, operation within visual 

line of sight, and national security; provides more than adequate justification for the grant of the 

requested exemptions to permit the Petitioner to operate UAS in the manner described within. 

Granting the requested exemption will benefit the public interest in many ways including (1) 

significantly improving safety and reducing risk to human life, and (2) improving the quality of 

services offered and decreasing the operating costs compared to those of conventional aircraft 

and rotorcraft. 

LfU/ U .~/zt;:b MiChaelA. Baklycki · 

Airman Certificate# 3745955 

Petitioner