Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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US Department of Transportation Exemption Request Pursuant to Section 333 of

the FAA Reform Act and Part 11 of the Federal Aviation Regulations

September 30, 2015 

Stephen Wayne Rosenthal

64 Roycroft Blvd.

Amherst, NY 14226

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and 

(2); 14 CFR 

91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

CFR Part 11, Stephen Wayne Rosenthal, operator of small Unmanned Aircraft Systems (sUAS), hereby 

applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of designated UAS, provided such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Private Pilot certificate Number: 86387013

Medical Certificate Third Class, Date of Examination: 06/01/2015

Phantom 3 Professional

FAA registration: N588ZR

Aircraft Serial No. P76DCD22010362

Thank you in advance for your consideration. 

Sincerely,

Stephen Wayne Rosenthal
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to "... establish requirements for the safe operation of such aircraft 

systems in the national airspace system."

The name and address of the applicant is:

Stephen Wayne Rosenthal

Phone: 716.839.9716

Email: steve@caramaxstudio.com

Address: 64 Roycroft Blvd., Amherst, NY 14226

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Stephen Wayne Rosenthal will operate the Following model sUAS: 

DJI Phantom 3 Professional

Aircraft:

Weight (including battery and propellers)

1280 g

Diagonal size (including propellers)

590 mm

Motors

4 electric brushless motors

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Remote Controller:

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature

0°C- 40°C
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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Battery

6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm

Transmitter Power (EIRP)

 FCC: 20 dBm

 CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

__________________________________________________________________________________

Given the small size of the UAS in scope and the controlled environment provided, the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed operations 

and the public benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the 

applicant graciously requests that the FAA grant the requested exemption.
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The sUAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery 

and camera.

2. The sUAS will have a maximum operating speed of less than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO).

4. Maximum flight time for each operational flight will be will not exceed 18 minutes. Flights will 

be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

This is managed by the PIC, with a failsafe provided by the manufacturer to automatically return 

to the point of take off and land when battery power is still above minimums.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO).

7. The sUAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a 

minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days' 

production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic 

center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/ Airport.

13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 

hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as U.S. Department of Transportation required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular sUAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. Written and/or verbal permission and permits will be obtained from territorial, state, county

or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies 

as appropriate to flight operations.

18. If the sUAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a predetermined location within a designated location and 

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated 

"Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies such as low battery.

21. Software that is built into the sUAS by the manufacturer includes automatic warnings if the 

sUAS comes within 320 feet (100 meters) of a No-Fly Zone.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with 

the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 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, upon 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 in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated 

hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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. Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two inch lettering will be impossible. The word 

"Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of 

Transportation February 20, 2015 The equivalent level of safety will be provided by having the UAS 

marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

UAS will see the identification of the UAS as "Experimental."

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 

CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire. The proposed UAS operations 

may achieve an equivalent level of safety as achieved by current Regulations because the applicant's 

UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the 

UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third 

Class or higher medical certificate. It is believed that the operation and limitations set forth in the FOM 

will equate to the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil 

aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the 

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

airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each 

flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No 

person may operate a U.S.registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual 

is not 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. The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate 

access to it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain 

actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM 

in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery 

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

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no 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. UAS and remotely piloted aircraft, by their design do not have fully functional 
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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dual controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. the FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 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 route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the 

UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS 

is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre obtained consent. The equivalent level of safety will be achieved given the size, 

weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without 

the permission of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 

500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. 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 altimeter setting available before departure." As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live 

flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator 

before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 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 applicant believes that an exemption from 14 CFR 

§91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will be 

allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. The applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere 

in its limited operating area. 
Stephen Wayne Rosenthal FAA Section 333 Application, #86387013, N588ZR

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14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides 

in pertinent part: (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) of this 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 UAS fully loaded weighs well under the proposed 551b limit and is 

operated without an on board pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them 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 UAS will have 

immediate access to them, to the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 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 discrepancies 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 will not apply to the applicant. Maintenance will 

be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent 

level of safety will be achieved because the UAS is very limited in size and will carry a small payload and 

operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An 

equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Information.

The applicant, Stephen Wayne Rosenthal, believes this exemption request and associated safety 

considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing 

sufficient justification for the granting of commercial operations of the applicant's sUAS. The applicant, 

Stephen Wayne Rosenthal, requests your respective approval of this Section 333 exemption petition 

request. Thank you for your attention in this matter. Please notify Stephen Wayne Rosenthal of your 

actions, and or approvals. Thank You for your interest in this request. 

Sincerely, 

Stephen Wayne Rosenthal

64 Roycroft Blvd.

Amherst, NY 14226