**Name and Address of Petitioner:**



### Keith W Wachter

, American Marine 2161 Jericho tpke Commack, NY 11725 (631)543

- 6433 Keith@AmericanMarineNY.com

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(l) & (a)(2), 91.409(a)(l), 91.417(a)&(b)

I, Keith W. Wachter , the petitioner, request exemptions in order to legally operate an Unmanned Aircraft System (UAS), a DJI Phantom 3 Profess ional, in the National Airspace System. The DJIPhantom 3 Professional this petitioner seeks exemption to use will be referred to as “ UAS ’ . All flights of the UAS will be flown by an FAA licensed pilot, in line of sight during daylight hours, at less than 2 00' above ground level (AGL) and well clear of the flight path of any manned aircraft

. During operation, the Pilot in Command will always be assisted by a visual “ spotter ” . In addition, the UAS has GPS guidance and a "return to home" safety feature instal led. The UAS also uses a smartphone to enhance controls by showing current AGL and visual location of the UAS to the subject and its surroundings. The petitioner wishes to be granted the exemption for use of the UAS for commercial videography and photography of: 1. Residential and Commercial Real Estate, for marketing purposes. 2. Construction (Residential and Commercial), providing a visual review of the construction process to be used for marketing of a construction company or documentation to be provided to the owner. 3. Property Survey, providing a visual review of the property to the land owner to be sold, purchased, or prior to construction. 4. Property Inspection, providing a visual review of existing conditions to the land owner. 5. Landscap ing , providing visual documentation of ‘ before and after ’ improvement to the land owner. Should an exemption be granted, the risk to public safety will be greatly reduced by utilizing a small UAS in comparison to a manned fixed wing aircraft or rotorcraft. Weighing 2.8 pounds, the DJI Phantom 3 Professional is incapable of causing the level of damage or injury that could potentially be caused by a full

- size, manned aircraft carrying a significant quantity of liquid fuel. In addition, the ecolo gic and noise impact is negligible as compared to a traditional manned aircraft. Given that real estate is an important part of our local economy, the use of a small UAS aerial filming platform is a cost

- effective and visually impactful means to promote o ur available properties, therefore becoming an economic driver in the community. 6. Boat and vessel surveying for the purpose of inspection and advertising photography and Videography.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations: **14 CFR Part 21** Certification Procedures For Products and Parts **REASON FOR EXCEPTION** Ithas been determined that similar UAS ’ s do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664, and 11734. **14 CFR 91.7(a)** Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition.**REASON FOR EXCEPTION**

Ithas been determined that similar UAS ’ s do not require an airworthiness certificate, however the p etitioner will ensure airworthiness through the combined use of the manufacturer's

o perations manual and preflight checks. **14 CFR 91.119(c)** Minimum Safe Altitudes:(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or structure. **REASON FOR EXCEPTION** The UAS will be flown no higher than 2 00 ’ AGL in line of sight over developed an d developing residential areas that may be considered congested areas. That will not always be the case when providing a ‘ Property Survey ’ flight because they could be conducted over empty lots or acreages with no structures. This will minimize the amount of bystanders present or in the surrounding area. In the case of flying over or near existing private property while providing photography for ‘ Residential and Commercial Marketing ’
, ‘ Construction Process ’
, ‘ Property Inspection ’
, and ‘ Property Landscaping ’ landowners will be notified in person by the petitioner, or by a card left behind by the petitioner, of an occurring UAS flight. The petitioner also proposes to display a caution sign on site while a UAS flight is ongoing. The petitioner will review with the landowners the associated risks to people and property. Due to the small size of the UAS the associated risk to persons, vessels, vehicles, and structures is not comparable to manned aircraft

. **14 CFR 91.121** Altimeter Settings. **REASON FOR EXCEPTION** The UAS does not have a barometric altimeter. It does have a GPS that will calculate altitude. The petitioner will limit flights to a maximum altitude of 2 00 feet AGL as granted in Exemption No. 11623, 11650, 11664, and 11734. **14 CFR 91.151(a)(l)** Fuel require ments for flight in VFR conditions:(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed(1) During the day, to fly after that for at least 30 minutes. **REASON FOR EXCEPTION** The UAS provides low battery warnings to indicate when the Pilot in Command should return the UAS to the launch point. The UAS will be landed upon the 1st low battery alert. The petitioner will not initiate a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point. All flights will be done during the day and at an appropriate time as to not be a nuisance to others. **14 CFR 91.405(a)** Maintenance required: Each owner or operator of an aircraft : ( a) Shall have that aircraft inspected as prescribed in Subpart E of this part and shall between required inspections, except as provide d in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. **REASON FOR EXCEPTION** The petitioner shall inspect the aircraft prior to every flight. The petitioner plans to follow manufacturer's recommended prefli ght checklist. Reference given to the Operations Manual. **14 CFR 91.407(a)(l)** Operation after maintenance, preventive maintenance, rebuilding, or alteration: (a) No person

may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless(1)It has been approved for return to service by a person authorized under 43.7 of this chapter **REASON FOR EXCEPTION**The petitioner who has the responsibility for the operation and safety of the UAS will

follow the manufacturer's suggestions for maintenance and repair. Including the use of suggested replacement parts. **14 CFR 91.409(a)(l) & (2)** Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter ; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspe ctions and is entered as an "annual" inspection in the required maintenance records. **REASON FOR EXCEPTION** The petitioner will follow manufacturer ’ s suggestions to ensure that the UAS is in a condition for safe flight. **14 CFR 91.417(a) & (b)** Maintenance Records: (a) Except for work performed in accordance with 91.411 and 91.413, each registered owner or operator shall keep the following records (l)( i )( ii )(iii ) (2)(i)(ii)(iii)(iv)(v) (vi) for the periods specified in paragraph (b) of this sectio n: (1)(2)(3) **REASON FOR EXCEPTION** The petitioner will keep a record of all repairs and modifications. The petitioner will also use manufacturer approved parts for repairs and modifications.

**SUMMARY** I, Keith W. Wachter

, the petitioner

, request for exemptio n Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(l) & (a)(2), 91.409(a)(l), 91.417(a)&(b) in order to legally operate an Unmanned Aircraft System, DJI Phantom 3 Professional, in the National Airspace System in order to take aerial video and photography for real estate marketing, construction

, vessel and marine
survey and marketing , landscape and inspection purposes

.