U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

Washington, DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

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

Act"), I, Nathan P. Trautman, owner and operator of a lightweight Unmanned Aircraft System

(UAS) seek an exemption from the Code of Federal Regulations (C.F.R.), Federal Aviation

Regulations (FARs) to allow commercial operation of UAS for aerial imaging and video. This

exemption is made based on information outlined in this petition, to allow commercial operation

of a DJI Phantom 3 Professional multi­rotor equipped with a three­axis gimbaled camera, so

long as such operations are conducted within and under the conditions outlined herein or as

may be established by the Federal Aviation Administration (FAA) as required by Section 333.

The Unmanned Aircraft (UAS):

● The UAS is lightweight (under 55lb. gross weight), battery operated multi­rotor copter

that takes off and lands vertically and has the ability to hover in one location during flight.

The UAS Includes:

● An on­board flight computer with GPS navigation and location ability that receives

signals for flight controls from a ground­based transmitter/controller

● An on­board camera capable of capturing imagery in the form of full color, high definition

still photos and video

● An on­board telemetry system that delivers flight data from the on­board flight computer

to the on­board radio transmitter, including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction back to its launch site

● A Wifi or 2.4 GHz on­board radio transmitter that transmits live video from the on­board

camera plus all the flight data from the telemetry system described above.

The Ground Station Part of the System:

● A Pilot in Command (PIC) In operational control of a mission from beginning to end, and

who controls the UAS while in the air

● A 2.4 GHz radio transmitter/controller operated by the PIC to control the UAS while in

flight Ground Station (computer, tablet for smartphone­based app) which receives and

displays video and system telemetry real time from the UAS

● A Visual Observer (VO), a person who provides a second pair of eyes to visually track

the UAS while in flight.
Intended Use:

The requested exemption would permit the operation of a lightweight, small, unmanned aircraft

under controlled conditions to provide the following services to the community;

● Real Estate photography

● Aerial inspection of real estate properties

● Videography and closed set film­making for promotional videos

● Aerial photo and video

● Aerial survey

This exemption would permit operation of a lightweight, unmanned aircraft in predetermined

areas away from the general public, airports, heliports, and vehicular aircraft. Operations would

be limited, conducted under controlled conditions, conducted within federal guidelines, and

conducted with the assistance of an observer. Operations would be conducted after carefully

reviewing, inspecting, and examining the area of aerial operation to ensure the safety of

persons and property.

Regulations from which the exemptions are being requested:

● 14 CFR Part 21 Subpart H

● 14 CFR 45.23 (b)

● 14 CFR 91.7 (a)

● 14 CFR 91.9 (b)(2)

● 14 CFR 91.103

● 14 CFR 61.113 (a) (b)

● 14 CFR 91.119

● 14 CFR 91.121

● 14 CFR 91.203 (a) (b)

● 14 CFR 91.151

● 14 CFR Subpart E 91.405 (a)

● 14 CFR Subpart E 91.407 (a)(1)

● 14 CFR Subpart E 91.409 (a)(2)

● 14 CFR Subpart E 91.417 (a) &(b)

● FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

Extent of Relief and Why:

14 CFR Part 21 Subpart H: Airworthiness Certificates

The UAS to be operated carries neither pilot nor passenger and carries no explosive materials

or flammable liquids. Given the size, weight, speed and limited operating area associated with

the aircraft to be utilized, I request exception. In the restricted environment and under the

conditions proposed operation will be at least as safe, or safer, than a conventional aircraft
operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b) : Marking of the Aircraft

I request an exemption from §45.23 Marking of the aircraft because my UAS will not have a

cabin, cockpit or pilot station on which to mark certain words or phrases. Additionally two­inch

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal

lettering requirement.

14 CFR 91.7 (a) : Airworthiness Certificates

As there will be no airworthiness certificate 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 check list prior to each flight, an equivalent level of safety will be

provided.

14 CFR 91.9 (b) (2) : Civil Aircraft Flight Manual in the Aircraft

Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft.

There is no room capacity, or pilot on board to adequately carry flight manual. An equivalent

level of safety will be maintained by keeping the flight manual at ground control point where the

pilot will have immediate access to it.

14 CFR 61.113 (a) and (b) Private Pilot Privileges and Limitations: Pilot in Command

Under §61.113 (a) and(b) private pilots are limited to non­commercial operations, however I can

achieve an equivalent level of safety as achieved by current regulations because my UAS does

not carry any pilots or passengers. While helpful, a pilot’s license will not ensure remote control

piloting skills. The risks of operating a UAS are far less than the risk levels inherent in the

commercial activities outlined in 14 CFR part61,et seq., I requests an exemption from §61.113

Private Pilot Privileges and Limitations.

A side note, I have already explored getting my pilot’s license, at the direction of the FAA, I

would gladly begin education and eventual licensing.

Regarding UAS operational training, I have two years’ experience flying numerous practice

flights in remote areas as a hobbyist simulating flights for future commercial use to gain

familiarization with the characteristics of the UAS’ performance under different temperature and

weather conditions. I also own and practices on a computerized simulated flights software to

maintain adequate skills and response reflex time.

14 CFR 91.103: Preflight Action

This requires each Pilot in Command (PIC) to take certain actions before flight to insure safety

of flight. There is no FAA approved flight manual, however the PIC will take actions prior to flight

by reviewing the weather, flight battery requirements, and ensuring there is a safe location to

land and depart so as not to cause undue hazard to people or property on the ground. The

manufacturer manual will be used prior to flight to ensure safety.
14 CFR 91.119 Minimum Safe Altitudes

Due to the limitation that operations be conducted at or below 400 feet AGL, an exemption will

be necessary to meet 91.119. The typical UAS flight will be operated as follows:

1) Operate the UAS for 10­15 minutes per flight, land my UAS according to the manufacturer’s

recommended minimum level of battery power.

2) Operate my UAS only within visual line of sight (VLOS).

3) Always obtain all necessary permissions prior to operation.

4) Procedures in place to abort flights in the event of safety breaches or potential danger.

14 CFR 91.121: Altimeter Setting

The UAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement

above the takeoff point is transmitted via radio from the UAS’s on­board computer to the display

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.203 (a) and (b): Certifications Required

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to carry

certificate and registration documents on the aircraft. An equivalent level of safety will be

achieved by keeping these documents, to the extent they are applicable to the UAS, at the

ground control point where pilot has immediate access to them.

14 CFR 91.151: Fuel Requirements for Flight in VFR Conditions

An exemption from 91.151 will be necessary as the normal flight time will only be 10­ 15

minutes. The UAS is fueled by battery power and a long duration flight is not possible. Also

since all flights will be conducted VLOS, this requirement is not applicable.

14 CFR 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.417 (a) &(b): Maintenance Inspections

These regulations require the owner/operator to have the aircraft inspected as prescribed in

subpart E of this part. An equivalent level of safety will be maintained because of the small size

and limitations of this UAS. Maintenance will be accomplished by the operator pursuant to the

owner’s manual. The operator will ensure that the UAS is in proper working order prior to each

flight, perform necessary maintenance, and keep a log of maintenance. The operator is the

person most familiar with the UAS operation and is best suited to maintain in an airworthy

condition to provide equivalent level of safety

8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical
This policy provides that both the PIC and Visual Observer (VO) must have a valid FAA

second­class medical certificate issued under part 67 in order to perform as a pilot or observer.

The UAS maximum gross weight is less than 20lbs., is constructed primarily of, plastic and

carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS.

Given the unlikely event that both the PIC and VO become medically incapacitated while the

aircraft is in flight, the UAS will return autonomously to the site of launching and land without

crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements

as commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

It is proposed that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and posses a valid, state issued driver's license. The 20/20 vision requirement will ensure

that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to

operate a much larger vehicle.

Commercial and Public Benefits:

Granting this exemption will provide a safe (by way of an unmanned system) and efficient

means to achieve aerial inspection, aerial photography, aerial videography, and closed set

aerial videography. Under this exemption I can provide this service to businesses and

individuals who would be unable to acquire this service by manned aircraft due to it being cost

prohibited. By moving these functions to UAS based aircraft not only can more people benefit

from this service but it will reduce aircraft noise, pollution, and airport congestion. In addition, it

will reduce the amount of people and property exposed to the hazards of a manned aircraft

flying at low altitude with the potential for catastrophic results. There are no combustibles

on­board the UAS, thus eliminating the risk of explosion and fire due to a crash. The operation

of this UAS will minimize ecological damage and promote economic growth by providing

information, useful images, and useful footage to companies and individuals.

The use of UAS, would allow these services to be provided and thus benefit both the community

and aviation by:

1. Providing a lower cost to the individual needing these services.

2. Zero emissions from the UAS.

3. Reduced noise over an aircraft.

4. Reduced hazard to people or property on the ground.

The use of a UAV will provide a level of safety at least equal to existing rules and will

only be operated in a safe environment that is strictly controlled. Operations will only be

conducted after a careful review of the area and weather conditions. Safety is the number one

priority.
Applicant:

Nathan Paul Trautman

1808 NW 5th Street

Bend, Oregon, 97703

503 577 7309

nathan.trautman@gmail.com

Attachments:

Appendix A­ Flight Operations and Procedures

Appendix B­ User Manual

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UA’s will be operated under the following flight restrictions.

OPERATIONAL FLIGHT RESTRICTIONS

The UA will be operated in the field with both a PIC and a VO in accordance with and with the

following Restrictions:

● All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

● All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

● The PIC must have accumulated and logged, in a manner consistent with 14 CFR

§61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a

UA pilot with a similar UA type;

● The UA will not be operated over densely populated areas; without prior approval.

● The UA will not be operated over any open‐air assembly of people; without prior

approval.

● The UA will not be operated within 5 NM of an airport or heliport; without prior approval.

● Operations will be restricted to day only and weather conditions equivalent to VFR;

● The PIC will brief the VO and property owner about the operation and risk before

operation

● No flight will be made without a Pre‐Flight Inspection by the PIC before each operation

to ascertain that the UA is in a condition safe for flight

PRE‐FLIGHT CHECKLIST
Prior to operation preflight checklists provided by the manufacturer of the UA’s will be followed.

Below is such an example.

1. Remote Controller, smart battery, Range Extender and smartphone are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Micro‐SD card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Smartphone application can connect to the camera.

TAKE OFF/LANDING PROCEDURES

Manufacturer recommended Takeoff and Landing procedures will be followed.

Place the UA on ground with the battery level indicator facing you.

1. Power on the remote controller.

2. Power on the range extender.

3. Switch the camera to the “WIFI ON” position.

4. Power on the aircraft by turning on the intelligent battery

5. Connect the mobile device to the UA, run the Smartphone App to enter the camera

preview page.

6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the

aircraft is initializing and entering the “Ready to Fly”/“Ready to Fly (non‐GPS).” state. Then

proceed to execute the CSC command to start motors.

7. Push the throttle stick up slowly to lift the aircraft off the ground.

8. When landing, be sure to be hovering over a level surface. Pull down on the throttle stick

gently to descend and land.

9. After landing the aircraft on the ground, keep the throttle stick at its lowest position for

about 3 to 5 seconds which will automatically stop the motors.

FAILSAFE FUNCTION

The UAS will enter Failsafe mode when the connection from the remote controller is lost. The

flight control system will automatically control the aircraft to return to home and land to reduce

injuries or damage. The following situations would make the aircraft fail to receive a signal from

the remote controller and enter Failsafe mode:

1. The remote controller is powered off.

2. The aircraft has flown out of the effective communication range of the remote controller.

3. There is an obstacle obstructing the signal between the remote controller and the

aircraft, essentially reducing the distance the signal can travel.

4. There is interference causing a signal problem with the remote controller.
APPENDIX B – USER’S MANUAL DJI Phantom 3 Pro

The User Manual for this system can be downloaded here:

DJI Phantom 3 Professional User Manual

A copy is kept with the UAS. Upon request the Manual will be provided.