February 29, 2016 U.S. Department ofTransportation Docket Operations, M-30 1200NewJersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001
Re: Petition ofMichael A. Baklycki (hereinafter known as "Petitioner") for anExemption Pursuantto Section 3 3 3 ofthe FAAModernization and Reform Act of2012 to operate an Unmanned Aircraft System. Petitioner's Contact Information Michael A. Baklycki 25 Equestrian Rd. Egg Harbor Township, NJ 08234
Dear Sir orMadam:
Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, The Petitionerhereby applies for anexemption from the Federal Aviation Regulations identifiedbelowto allow for the commercial operation ofthe 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 inprevious Section 333 exemptionpetitions. 

### I.

.REGULATIONS FORWHICHEXEMPTION IS REQUESTED

• 14 C.F.R Part 21, Subpart H; • 14 C.F.R § 91.109(a); • 14 C.F.RPart 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 exemptionis submitted in accordance with Section 333 ofthe Reform Act. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 ofthe Reform Act, the FAA Administrator is to permit operation ofan unmanned aircraft system where it does not create a hazard to users ofthe national airspace system (NAS) orthe public orpose a threat to national security based onthe following considerations:

• The size weight, speed and operational capability; • Operation inproximity to airports and populated areas; and • Operation within visual line ofsight ofthe operator. Furthermore, the Federal Aviation Act grants the FAAAdministrator general authority to grant exemptions from the agency's safety regulations and minimum standards whenthe Administrator decides a requested exemptionis inthe public interest. See 49 U.S.C. 

### §§ 106(t), 44701-44716, et seq. A partyrequesting an exemption must explainthe reasons whythe exemption: (1) wouldbenefitthe public as a whole, and (2) would not adversely affect safety or howitwould provide a level ofsafety at least equal to the existing rules. 14 C.F.R. 

### § 11.81. 

### III. DESCRIPTION OF THE PETITIONERS PROPOSED OPERATION
Michael A. Baklycki is anFAA certified Private Pilot since 1996 (certificate# 3745955) and Engineerby degree and profession. He currently works atthe FAA William 

### J. Hughes Technical Center inAtlantic CityNJ 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 developmentfor commercial purposes. The Petitioner also intends on conducting research and data collection operations involving search andrescue in a marine environment at a minimum of200ft from shore. This would require operating UAS from marine vessels underway or makingway. 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 ofall safety controls and FAAregulations.
Based onthe intended used andproposed flight operations, conditions and limitations, the Petitioner would like an exemptionfrom the Federal Aviation Regulations (F.A.R.s) as listed in Section I ofthis petitionto 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 inprevious Section 333 exemptionpetitions.

1A condition and limitation set forth in Section 333 exemptions awarded to other petitioners included the following: "The UAS may not be operated bythe PIC from any moving device orvehicle". 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 orvehicle" to include marine vessels.A. The DJI Phantom 3 Overview
The UAVIUASIUA whichthe 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 andrestricted altitude feature, as well as differentiating radio frequency (rt) for aircraft controller/receiver and for the cameramake this a much safer UA V for the purposes ofthis petition. This is a hobby grade radio controlled UAVthat has the capacity for software upgrades. Itis light, less than 3 pounds including battery and camera. Incorporated into the programming ofthe Phantom is an automatic return home feature that automatically directs the craft backto a point oftake-offshould communication withthe transmitterbe lost. The Phantomhas a cruising speed of 15 knots, with a maximum speed of29 knots. Maximum flight time is 25 minutes. Gross weight is 2.75 pounds.
The DJI Phantom 3 has an additional communication linkbetween the camera and craft ona different RF for a smart phone connection. Allowing the operator orPilot in Command (PIC) to monitorbattery level, altitude (AGL), distance from PIC, cameraimagery, and control camera angle. The software for the Phantom allows the operator orPIC to set maximum altitude AGL for each flight, allowing customization offlights to no higherthan 100 feet, 150 feet, or 250 feet AGL as an example. The 400 foot maximum AGL altitude canbeprogrammed into the UA V's software pre- flight to insure compliance with FAA standards. Adding to the safety capabilities ofthis UAV, this UAV is programmable to remain inposition 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 ofheight, direction offlight and distance from the operator PIC. The operator or PIC canmonitor GPS lock status while UAV is in flight, withthe ability to anticipate loss ofGPS locking so the operator orPIC can land the UA V as a precaution.
The FAAhas 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 SkyRanger Overview The Aeryon Sky Ranger is a quad-boom, four motor UAS capable ofhover flight inboththe vertical and horizontal planes. This system is designed to military and government specifications providing rugged durability and advance user interface. The Aeryon SkyRangerhas an intuitive touchscreen interface, single operator transport and deployment, and reliable flight performance inthe most demanding weather conditions. Flight operations with the Aeryon SkyRanger are controlled via GPS. Shouldthe 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 ofsensors. These sensors include: sonar, barometric pressure, temperature, wind speed and others to ensure the most stability ofany UAS in its class

- regardless ofthe wind.The pilot incommand ofthe Aeryon SkyRanger can operate the UAS inboth semi and fully autonomous flight modes which means the pilotin 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 onthe 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 supplementingthe user friendliness ofthe Aeryon SkyRanger, pre-mission waypoints, landing zone points and flight area dimensions can be entered during preflightoperations to ensure that the Sky Ranger operates only within specified parameters. As such, the Aeryon SkyRangercan be operated entirelyby 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 commandthe 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 ofthe safest choices for bothurban and non- urban environments. As an example, the Aeryon SkyRangerhas a built-in intelligent fault handling system which allows the UAS to detect a system fault while inthe air and to automatically fly backto its take-offlocation and land. The various faults the system can detect include: loss of communicationRF; exceeding pre-set wind threshold; and lowbattery levels. The UAS combines the input from a multitude ofsensors to create redundant systems. The pilot in command can create no fly zones ormaximum flight ranges and altitudes so the system cannot enter areas deemed unsafe orunnecessary 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 FAAhas already granted nun:lerous petitions for Section 333 exemption to commercial UASIUAV operators ofthe Aeryon SkyRanger. Example equivalent exemption numbers are: 111265, 11112B, 11234, 11213, 11661, 11375, 11259



### C OtherUAS Approved in Previous Section 333 Exemption Petitions
The Petitioner anticipates the necessity ofoperating a variety ofUAS 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 Petitionerrequests thathe be granted exemptionto operate those UAS already approved inprevious Section 333 exemption petitions (UAS examples including butnot limited to: Sky Eye OGI, Sense Fly eBee AG, Sense Fly eXom, DJI Spreading Wings S1 000). Example equivalent exemption numbers are: 14961, 11109, 11112A

### IV THE PETITIONER'S PROPOSED OPERATIONS DEMONSTRATE AN EQUIVALENT LEVEL OF SAFETY The Petitionersprimary objective with every flight will be the safe return ofany UAS without injury to property orperson. To obtain that desired objective, the Petitioner will abide bythe specified limitation onproposed flight operations whenperforming commercial flight operations withthe DJI Phantom 3, Aeron SkyRanger and operation ofthose UAS already approved in previous Section 333 exemption petitions. Given the small size involved, the procedures listed below, and pilot certificationrequirements, the Petitionerproposed 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 ofthe national airspace system orthe public orpose 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 withthe FAA, and have identification (N-Number) markings as large as practicable. 3. Flights will be operated within visual line ofsight ofthe pilot in command (PIC). 4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy byPIC. 5. The petitionerwill not operate any UAS at an altitude ofmore 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 UAS within visual line ofsight ofthe pilot in command at all times. 8. The aircraft will be operated during daylight and invisual 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 atthe reasonable request ofthe administrator. The granted exemptionwill be accessible during all UAS operations. 10. Flights will be operated at a lateral distance ofat least 500 feet from any persons or property not associated with the operation who have not given priorpermission. 11. Minimum crewfor each flight Will consist ofa PIC and an Observer. 12. The pilot in command will possess at least a private pilot certificate and a third class medical certificate 13. Priorto 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 ofthe FAAs B4UFly app. 14. The flight operations will yield the right ofway to other manned aircraft operations. 15. All required permissions andpermits will be obtained from territory, state, county or city jurisdictions prior to flight. 16. Ifthe UAS loses communications, itwill have the capability to return to a predetermined location withinthe operational area and land. 17. Ifthe aircraft loses its GPS signal it will have the capability ofbeing flown manually to a predetermined location withinthe operational area and land.18. The flight will be aborted incase ofunpredicted obstacles oremergencies. 19. Each flight will berecorded in an Operations Log Book. 20. Maintenance onthe aircraft will be recorded in a**Maint~nance** Log Book. 21. The Petitioner will not operate any UAS within 5 nautical miles ofan airport unless a letter ofagreement with that airports management is obtained. The petitioner will make the letter ofagreement withthe airport management available to the Administrator or any law official uponreasonable request. 

### V. SPECIFIC FAREXEMPTIONS REQUESTED
The Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 27, 45, 61, and 91 for purposes ofconducting the requested operations using UAS. Listedbelow are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that The Petitionerhas established which will ensure a level ofsafety betterthan 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 FAAhas stated that no exemption is needed from this section ifa finding is made underthe Reform Actthat the UAS selectedprovides an equivalent level ofsafety when comparedto aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA 2014- 0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics ofthe UAS that fail to meetthe requirements ofthe Reform Act, an exemption is requested. Equivalent Level ofSafety: 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 ofsight ofthe operator, and inremote and unpopulated airspace, specifically; onthe sites. The UAS does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The UAS will be operated within the parameters ofthe Manuals. The proposed operations will be at least as safe as, or saferthan, conventional rotorcraft operating with an airworthiness certificate withoutthe restrictions and conditions proposedhere. The proposed operations will also be as safe, or saferthan, traditional power line monitoring and/or windturbine 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 ofnormal category rotorcraft. To the extent the UAS would otherwise require certification under Part 27, The Petitioner seeks anexemption from Part 27's airworthiness standards for the same reasons identified inthe 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): AircraftMarking 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 orprovisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches normore than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a) states: Rotorcraft. Eachoperator ofa rotorcraft must display onthatrotorcraft horizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by§ 45.23.

14 C.F.R. § 91.9(c) states: No personmay operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance withpart45 ofthis chapter.
In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 CFRpart45, Subpart C ifthe markings are "as large as practicable." See ExemptionNo. 11062, DocketNo. FAA2014-0352, atp. 14. Equivalent Level ofSafety: The Petitioner will mark all UAS withtheirN- Number in a prominent spot onthe 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 orU.S. driver's license;
The Petitionerrequests exemptionfrom 14 CFR § 61.23(a) and (c) whichprovides for certain flight operations requiring medical certificates. The Petitioner's petition for exemptionprovides an equivalent level ofsafety inthat the Petitioner would require the pilot in commandto hold either a current medical certificate, ofany class, or a valid U.S. Driver's License. The Petitioners petition for exemptionprovides an equivalent level ofsafety 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 ofa commercial operation, it carries neither passengers nor cargo. Inthe Grant ofExemption in FAADocketNo. FAA-2014-0352, the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrant the additional cost andrestrictions attendant with requiring the Pilot in Command (PIC) to have acommercial 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, orhave held a US Army Military Occupational Specialty (MOS) 15WUnmanned Aerial Vehicle Operator, USMC MOS 7314/7316 --UnmannedAerial Vehicle (UA V) AirVehicle Operator, and/or 150U Tactical Unmanned Aerial Systems (TUAS) Operations Technician, Navy MOS The FAA stated inits grant ofan exception to Astraeus Aerial the "the FAA considers the overriding safety factor for the operations proposedby the petitionerto be the airmanship skills acquired through VAS-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing." See ExemptionNo. 11062, DocketNo. FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level ofsafety by requiring the knowledge and experience in UAS operations described above. Furthermore, the security screening conductedbythe Transportation Security Administration of certificated airmen satisfies the statutory requirement ofSection 333 for operations to notpose a threat to national security. The planned operations the Petitioner has placed onits UAS operations meet orexceed the restrictions similarly imposed onAstraeus Aerial inFAA DocketNo. FAA-2014-0352. The Petitioner will operate 

### in areas away from persons and property not involved inthe operation. The aircraft will be flown based onvisual line ofsite at orbelow400 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 conditionto be operated. The FAA has stated that no exemption is requiredto the extentthatthe requirements ofPart 21 are waived or found inapplicable. Accordingly, The Petitionerrequests that the requirements for Section 91.7 be treated in accordance withFARPart 21 Subpart H. See Grant ofExemptionNo. 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
Pursuantto 14 C.F.R. § 91.9(b)(2): (b)No person may operate a U.S.-registered civil aircraft

- (2)For which anAirplane orRotorcraft Flight Manual is required by§ 21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof.
Pursuantto 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 personmay 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 atthe cabin or cockpit entrance so that it is legible to passengers or crew.

The Petitionerrequests anexemption from this section since UAS are not manned vehicles and there is no ability or location to carry certification orregistration documentation ordisplay onthe UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere 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 ofother exceptions includes ExemptionNos. 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 informationbefore each flight, including information contained inthe FAA-approved Flight Manual onboard the aircraft. The aircraft will not have a FlightManual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraftperformance databefore initiation offlight. Under these circumstances, the FAAhas stated that no exemption is required. See Grant ofExemption No. 11062, p. 20. An exemption is requested to the extentthat anFAA- approved FlightManual is required.
Equivalent Level ofSafety: An equivalent level ofsafety will be provided by following the Manuals. The PIC will take all required preflight actions

- including performing all required checklists andreviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraftperformance data, and contingency landing areas - before initiation offlight. The Manuals will bekept atthe ground station withthe operator at all times. 

### I. 14 C.F.R. § 91.109(a): Flight Instruction The Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), whichprovides 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, bytheir design, do not have functional dual controls. Instead, flight control is accomplished through the use ofthe A2 Flight Control System/Ground Control Station (GCS) that communicates withthe aircraft viaradio communications.Equivalent Level ofSafety: Whenflight instruction is performed, no pilots will be onthe aircraft and the UAS will be a safe distance from the aircraft and the public, causing no safety hazard. Giventhe size and speed ofUAS proposed, an equivalent level ofsafe training can still be performed without dual controls because no pilot orpassengers are aboard the aircraft, and all persons will be a safe distance away inthe eventthatthe aircraft experiences any difficulties during flight instruction. In addition, The Petitioner will conduct any flight training at a remote facility away from population centers. Anytraining flights will be conducted and otherwise comply withthe provisions inthe Manuals. Accordingly, The Petitionerproposed method of operationprovides superior levels ofsafety.
J. 14 C.F.R. 

### § 91.119(c): Minimum Safe Altitudes in Uncongested Areas The Petitionerrequests anexemptionfrom 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 closerthan 500 feet to anyperson, vessel, vehicle, or structure. The FAAhas already determined thatrelief from Section 91.119(c) is warranted for UAS operations inuncongested areas with similar flight restrictions as those imposedby The Petitioner. See Grant ofExemptionNo. 11062, p. 20- 21. Equivalent Level ofSafety: Comparedto flight operations withUAS weighing far more thanthe maximum weights proposed herein, and giventhe lack offlammable fuel, anyrisk associated withthese operations is far less thanthose that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well as the planned safety operations. All UAS will be operated away from persons or structures not involved inthe operation. All persons who are not involved with the Petitioner operations but permittedto be present will be required to be at least 25 feet from operations.

K. 14 C.F.R. 

### § 91.121: Altimeter Settings
Thispetition seeks anexemptionfrom 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 ofthe departure airport. The UAS may use either barometric pressure sensors or GPS to determine altitude but does not have the abilityto 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 ofthe aircraft is monitored by the PIC onthe ground control station and by the visual observer. Equivalent Level ofSafety: The FAAhas stated that an equivalent level ofsafety canbe achieved ifthe aircraft will be operated at orbelow400 feet AGL and within visual line-of-sight in addition to GPS based altitude information relayed inreal time to the operator. See Grant of ExemptionNo. 11062, p. 20-21. The UAS will be operated at orbelow400 feet AGL and complies withthe limitations inthe Grant ofExemptionNo. 11062.L. 14 C.F.R. 

### § 91.151(a) & (b): Fuel Requirements for Flight in VFR Conditions The Petitionerrequests anexemption from 14 C.F.R. 

### § 91.151(a) and (b)'s fuel requirements for flight inVFRconditions. Section 91.151 states: (a) No person may begin a flight in an airplane underVFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- 

### (1) Duringthe day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes.

(b) No personmay begin a flight ina rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes Here, the technological limitations onUAS battery power means that no meaningful flight operations canbe conducted while still maintaining a 30 minute reserve power supply. The Petitionerproposes that all flights comply with this requirement by mandating that the aircraft be safely landed with no less than 25% ofremaining battery life. Equivalent Level ·ofSafety The FAAhas states that an equivalent level ofsafety is provided if the UAS flight is terminated with at least 25% reserve battery power still available. See Grant of Exemptionto Astraeus Aerial, DocketNo. FAA-2014-0352. The Operations Manuals confirm this limit, whichprovides an equivalent level ofsafety
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 inreference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. 

### § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

... have discrepancies repaired as prescribed inpart43 ofthis 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 ofSafety: 

### An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance withthe 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 ExemptionNo. 11062, DocketNo. FAA 2014- 0352, atp. 14-15. performedthat includes all ofthe aircraft's components. The Manuals also setrequirements for maintenance log.books and record keeping as well as routine and post-flight maintenance. TheManuals setrequirements for both annual maintenance andpreventative maintenance.



### VI. Public Interest Granting The Petitionerpetition for exemption furthers the public interest. National policy setby Congress favors early integration ofUAS into the NAS in controlled, safe working environments such as the sites proposed inthis petition. By granting this petition, the FAA will fulfill Congress's intent ofallowing UAS to operate safely inthe NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act.
The use ofthe DJI Phantom 3, Aeryon SkyRanger andthose UAS already approved inprevious Section 333 exemptionpetitions for aerial research and development data collectionpromotes public interest and safety. Where traditional fixed wing orrotorcraft aircraft are large, heavy, nosy, require flammable fuels, and manned operators, these UAS are small, light, quite, and do notrequire flammable fuels ormanned operator. Since these UAS do not use flammable fuels and are battery powered, their use overthe traditional fixed wing orrotorcraft aircraft will be more environmentally and ecologically friendly. Given the extreme lightness ofthese UAS, should an emergency result in a forced landing, injury to property orpersons would be negligible compared to catastrophic injury to property orpersons that would result with emergencies withtraditional fixed wing orrotorcraft aircraft.
The use ofthe DJI Phantom 3, Aeryon SkyRanger and those UAS already approved inprevious Section 333 exemptionpetitions for aerial research and development data collection creates a neweconomic opportunities that could fuel continued growth ofaviation 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 leadto new jobs, economic opportunities and the fueling ofinnovation and creativity.



### VII. PRIVACY
The Petitioners use ofthe DJI Phantom 3, Aeryon SkyRanger and those UAS already approved inprevious Section 333 exemptionpetitions for aerial research and development data collection, as specifiedpreviously, will not implicate any privacy concerns. All flights will be conducted in accordance with any federal, state orlocal laws regarding privacy.

### VIII. SUMMARY FORFEDERAL REGISTER
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication inthe Federal Register, should itbe 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)forthe commercial operation ofthe DJI Phantom 3, Aeryon SkyRanger, and to operate those UAS already approved inprevious**Se~tion** 333 exemptionpetitions: 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 ofcommercially operating Unmanned Aircraft Systems (UAS), to wit: the DJI Phantom 3, Aeryon SkyRanger. Supplementary and alternatively to the proposed operation ofthe DJI Phantom 3 and Aeryon SkyRanger, and as an alternative to listing all UAS currently manufactured which meet operational and safety requirements, the Petitionerrequests that he be granted exemption to operate those UAS already approved in previous Section 333 exemptionpetitions.
The Petitioner intends to commercially operate these UAS models for aerial research and development data collection which includes butis 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 ofsafety when compared to the F.A.R.s requiring exemption.
In support ofthis petition, the Petitioner notes that the FAA has already granted numerous exemptions for similar commercial operators ofthe DJI Phantom 3 and Aeryon SkyRanger and other approved UAS. To that end, the Petitionerhas highlighted some ofthe granted petitions for Section 333 exemption for similar commercial operations ofthe 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 ofSight ofthe Pilot in Command and Visual Observer ofthe Petitioners UAS models neither creates a hazardto users of the National Airspace System orpublic 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 ofsafety when comparedto the F.A.R.s to be exempted. The Petitioner will adhere to any flight oratmospheric condition limitationimposedby the FAA.

### IX. CONCULSION
Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Actof2012: size, weight, speed, operating capabilities, proximityto airports and populated areas, operation within visual line ofsight, and national security; provides more than adequatejustificationfor the grant ofthe requested exemptions to permitthe Petitionerto operate UAS 

### inthe manner described within. Granting the requested exemption will benefit the public interest inmany 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 ofconventional aircraft androtorcraft. 

# LfU/ U**.~/zt;:b** MiChaelA.Baklycki · Airman Certificate# 3745955 Petitioner