# Rupprecht Law P. A.

3 24 Datura Street , Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E : jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

March 2 6 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W 12

- 140 , Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a) ; 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:
Pursuant to Sect ion 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, MechaniKids, LLC dba Red Raptor an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Re gulations ("FARs") to allow commercial operation of its UA, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.
QUICK REFERENCE SUMMARY :

 The aircraft flown will be :

o DJI Phantom 2
, o DJI Phantom 2 Vision + , o DJI Inspire
, o DJI S900.

 The operations will be for:

o Utility infrastructure inspections
, closed

- set motion picture
, an d television filming and production (Exemption # 11224 )

 We have a current commercial pilot, CFI, & CFII who will op erate the drone. The pilot has a
current third class medical.

 We already agree to all the restrictions listed in Exemption # 11224 so an examiner can quickly copy

- paste the granted exemption.2

MechaniKids, LLC dba Red Raptor has a viable petition and is not a waste of the FAA’s resources

. Congress wanted viable UAS operations and not j ust 333 petitions being granted to individua ls who have little knowledge of the Federal Aviation Regulations. The FAA is aware that many of these 333’s being submitted are cop y

- paste jobs. Some of the signs are that the individuals are merely copying and pasting without bothering to update their petition based upon guidance the FAA has provided in previous petitions. This further wastes the FAA’s time and the tax payer’s dollars because the FAA has to respond

to non

- relevant regulations. This petition has been updated based upon FAA guidance in granted petitions till March 2 6 , 2015 which is the date of submittal.
MechaniKids, LLC dba Red Raptor requests that the publication and comment procedures
be waived in accordance with 14 C.F.R . § 11.87 which states :
§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good caus e why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously

. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, MechaniKids, LLC dba Red Raptor has good cause to request th e FAA to waive the comment period and not delay action on the petition because:
(a) MechaniKids, LLC dba Red Raptor would not set any precedent. MechaniKids, LLC dba Red Raptor agrees to the almost SAME exact limitations as Exem ption # 11224

. (b) Mechani Kids, LLC dba Red Raptor agrees to the almost SAME exact l imitations as Exemption # 11224, except we would like to add the Phantom 2 base mod el which has been granted in other exemptions.3

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and MechaniKids, LLC dba Red Raptor

. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, MechaniKids, LLC dba Red Raptor is eagerly seeking to start commercial operations and is
adv ersely affected by the above listed regulations.
(d) The petition has been filed in a timely manner.

SUMMARY TO PUBLISH IN THE 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:
MechaniKids, LLC dba Red Raptor is petitioning the FAA for an exemption from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409( a)(1) and (2); 91.417(a) & (b) to allow for commercial UAS for utility inspections.

PETITIONER’S CONTACT INFO:
MechaniKids, LLC dba Red Raptor Attn: Ashley Rupprecht Phone: 561

- 222

- 6979 Email: mechanikids@me.com Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401
Rupprecht Law, P.A. Attn: Jonathan Rupprecht Phone: 561

- 222

- 6979 Email: jon@jrupprechtlaw.com Address: 324 Datura Street, Suite 200 , West Palm Beach, Florida 334014

REGULATIONS WE ARE REQUESTING AN EXEMPTION FROM :

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151 (a)( 1 )

 14 C.F.R. § 91.405 (a)

 14 C.F.R. § 91.407 (a)( 1 )

 14 C.F.R. § 91.409 (a)( 1 ) & ( 2 )

 14 C.F.R. § 91.417(a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to cons ider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is r equired to determine which types of UA do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximit y to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS).
Reform Act § 333(a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. § 333(c) (emphasis added). 1
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its term s includes exempting civil aircraft, as the term is defined under § 40101 of

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions unde r section 333 , but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.5

the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current
airworthiness certificate.
“The Administrator may grant an exemption from a requireme nt of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).

OPERATING DOCUMENTS
MechaniKids, LLC dba Red Raptor will operate only within the limitations below and also under
the Phantom 2 Vision+ User’s Manual , the Phantom 2 User’s Manual, the Inspire User’s Manual , or the
DJI S900 User’s M anual.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The applicant proposes that the exempti on requested herein appl ies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under t he current regulatory structure.

Th ese limitations and conditions, almost i dentical to Exemption # 11224

. MechaniKids, LLC dba Red Raptor agrees to be bound when conducting commercial UA operations. Additions will be
underlined and in bold. The list of l imitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2
, DJI
Phantom 2 Vision Plus, DJI Inspire I , and DJI S900 when weighing less than 55 pounds including payload. P roposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exce eding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or c alibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at6 a irspeeds greater than the maximum UA operat ing ai rspeed recommended by the aircraft
manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA 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 b y any device other than corrective lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observ er (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The
VO and PIC must be able to com municate verba lly at all times. Electronic messaging or texting is not permitted du ring 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 tha t the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the ope rating docu ments. The operating documents must be accessible during UAS opera tions and made available to the Administrator upon request. If a discrepancy ex ists between the conditions and limitations in this exemption and the procedures outli ned in the operating docu ments, the conditions and limitations herein take p recedence and must be followed. Otherwise, the operator must follow the procedur es as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s r esponsibility to track such revisions and present updated and revised documents to the Administrator or any law enforce ment official upon request. The operator must also present updated and revised document s if it petitions for
extension or amendment to th is grant of exemption. If the operator det ermines that any7 update or revision would affect the basis upon which the FAA g ranted this exemption,
then the operator must petition for an amendment to its gr ant of exemption. The FAA’s
UAS Integration Office (AF S

- 80) may be contacted if questions arise regarding updates

or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical co mponent, must undergo a functional test flight prior to conducting further o perations under this exemption. Functional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet from other people. The functional test f light mus t be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC mus t conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals
a condition that a ffects the safe operati on of the UAS, the aircraft is prohibited from operating until the necessary mainten ance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirement s for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety
bulletins.

13. Under this grant of exemption, a PIC must hold eit her an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA
airman medical certificate or a valid U. S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Fede ral government. The PIC8 must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and s tructures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs and VOs (training, proficiency, and experience

- building) and d etermining the PIC’s ability to safely operate the UAS in a
manner consistent wi th how the UAS will be operated under this exemption are permitted
under the te rms of this exemption. However, training operations may only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in
accordance with 14 CFR § 91.119

. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate wi thin 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Dire ctory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, u nless a letter of agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.9

18. If the UAS loses communications or loses its GPS signal, t he UA must return to a predetermined location within the private or controlled

- access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least f ive minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Or ganization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accorda nce with an ATO

- issued COA. The exemption holder may apply for a new or amend ed COA if it intends to conduct operations that
cannot be conducted unde r the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, an d have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at
the Ground Control Statio n of the UAS any time t he aircraft is operating. These
documents must be made available to the Admin istrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities
at all ti mes.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:10 a. Barriers or structures are pr esent that sufficiently protect nonparticipating persons 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, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and,
b. The owner/controller of any vessels, vehicles or st ructures has granted permission for operati ng closer to those objects 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.
The PIC, VO, operator trainees or essential persons are not considered non

- parti cipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorize d representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation 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) wit hin 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on t he
NTSB Web site: www.ntsb.gov

. If this exemption permits clo sed

- set motion picture and tel evision filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the opera tor of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office11 (FSDO) with jurisdiction over the area of proposed filming. The 3

- d ay notificatio n may be waived with the concurrence of t he FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c . Name and phone number of the person responsibl e for the on

- scene operation of the UAS;
d. Make, model, and serial or N

- Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator h as obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.
31. Flight operations may be conducted closer th an 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified by the Administrator, the PIC, and operator must comply with all applicable parts of 14 C.F.R. including, but not limited to, parts 45, 47, 61, and 91.

STATUTORY CRITERIA PROVIDED IN SECTI ON 333
The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon12

consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated
without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safe r, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot,
there i s no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will ha ve immediate access to them. Given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

14 C.F.R. § 61.23(a) & (c) : M EDICAL C ERTIFICATES Exemption # 11224 , granted to NextEra Energy, Inc

. , provided that a U.S. driver ’ s license
could be used in lieu of the medical certificate.

14 C.F.R. § 61.101( E )(4) & (5) : R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14 C.F.R. § 61.315( A ) : S P ORT P ILOT L IMITATIONS
. Exemption # 11224 , granted to NextEra Energy, Inc

. , provided that the “ PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certificate. ” Likewise, MechaniKids, LLC dba Red Raptor is also performing commercial UAS work and is asking for the
same restrictions which have been previously deemed to provide an equivalent level of safety as the
burdensome regulations

. 14 C.F.R. § 61.113 (a) & (b): P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND
.
Su b

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircra ft to have a private pilot's13

license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on
board.

14 C

. F

. R

. § 91.7( a ) : C IVIL A IRCRAFT A IRWORTHINESS
. Exemption # 11224 granted to NextEra Energy, Inc

. determined that t he DJI Phantom 2 Vision +, DJI Inspire, and DJI S900 were previously determined in other exemptions to not be required to have an airworthiness certificate based upon the authority of Section 333 of the FAA
Modernization and Reform Act of 2012. Other exemptions have also determined that the Phantom 2 platform does not need an airworthiness certificate. See Exemption # 11220 for Aerial Production Services, Inc.
14 C.F.R. § 91.119 : M INIMUM S AFE A LTITUDES Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any ro ute or altitudes prescribed for helicopters by the FAA.
The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. Because of t he lack of flammable fuel, any risk associated with these operations is far less than thos e presently presented with conventional aircra ft operating at
or below 500 AG L . In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply
with Section 91.119

.
14 C.F.R. § 91.121: A LTIMETER S ETTINGS This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altime ter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the operating manuals.14

14 C.F.R. § 91.151( A ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS Section 91.151 (a) prohibits an individual from beginning "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."
The battery powering the UAS provides approximately 4 0 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed opera tions within a predetermined area, a longer time frame for flight in daylight or night VFR
conditions is reasonable.
Applicant believes that an equivalent level of safety can be achieved by limiting the PIC from beginning a UAS flig ht unless (considering w ind and forecast weather conditions and assuming normal cruising speed) “ there is enough available power for the UA to conduct the intended operation and to operate after that for at least f ive minutes or with the reserve power recommended by the manufacturer if greater. ” Exemption # 11224
, a t page 9.
14 C.F.R. § 91.405 (a); § 407 (a) (1); § 409 (a) (2); § 417(a) & (b): M AINT ENANCE I NSPECTIONS These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have di screpancies repaired as prescribed in part 43 of this chapter..." and others shall inspect or maintain the aircraft in compliance with Part 43

. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,
these sections wil l not apply to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the operator is the p erson most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.15

The operation of MechaniKids, LLC ’ s dba Red Raptor using a small UAS , weigh ing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety

suppor ting the grant of the exemptions requested herein. If I can be of any assistance to further expedite this petition
, please do not hesitate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com.

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.