13	July	2015

The	following	petitions	is	submitted	by	ERIK	E.	ULLRICH,	Petitioner,	and	made	to	

UNITED	STATES	DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION

WASHINGTON,	DC	20591

ALL	PROCEDURES WILL	BE	PILOTED BELOW	200 FEET,	WITHIN	VISUAL-LINE-OFSITE,	DURING	DAYLIGHT	HOURS	AND	APPROXIMATELY	TEN	MILES	AWAY	FROM	

ANY	AIRFIELD OR	HELIPORT	LOCATION.	

I	submit	the	following	

I	am	writing	pursuant	to	the	FAA	Modernization	and	Reform	Act	of	2012	and	the	

procedures	contained	in the	14	C.F	.R.	11,	to	request	that	Erik	E.	Ullrich,	owner	and	

operator	of	a	small	UAS,	be	exempted	from	the	Federal	Aviation	Regulations	listed	

below.	The	exemptions	are	needed	in	order	to	operate	a	small	lightweight	

unmanned	aircraft	system	commercially	in	the	National	Airspace	System.	These	

operations	will	be	conducted	within	and	under	the	conditions	outlined	herein	or	as	

may	be	established	by	the	FAA	as	required	by	Section	333.§11.81.

The	following	aspects	of	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012	should	be	considered.	

1. If	certain	unmanned	aircraft	systems,	if	any,	as	a	result	of	their	size,	weight,	

speed,	operational	capability,	proximity	to	airports	and	populated	areas,	and	

operation	within	visual	line	of	sight	do	not	create	a	hazard	to	users	of	the	

National	Airspace	System	or	the	public	or	pose	a	threat	to	national	security;	

The	operated	UAS,	Phantom	2	vision	plus,	meets	all	the	requirements	

of	an	Ultralight	Aircraft	except	for	the	ability	to	carry	a	passenger.	

This	aircraft	is	under	254	pounds	as	required	for	powered	Ultralights,	

they	are	also	electric,	so	they	carry	less	than	a	5	gallon	fuel	capacity,	it	

is	not	capable	of	speeds	over	55	knots,	and	it’s	power-off	stall	speed	is	

under	24	knots	calibrated	airspeed.	If	as	requested,	it	is	classified	as	

an	Ultralight	Aircraft	by	regulations	it	cannot	be	used	in	congested	

airspace	and	can	only	be	used	in	Class	G	Airspace	without	special	

authorization.	As	part	of	this	applications	the	UAS	will	only	be	used	in	

line	of	sight	in	order	to	meet	the	public	safety	requirements	of	an	

exemption	to	Title	14	Chapter	1	Subchapter	F	Part	103	Subpart	B	

§103.21
2. Whether	a	certificate	of	waiver,	certificate	of	authorizations,	or	airworthiness	

certification	under	section	44704	of	title	49,	United	States Code	is	required	

for	the	operations	of	unmanned	aircraft	systems	identified	under	paragraph	

(1).

If	as	requested	this	UAS	is	classified	as	an	Ultralight,	it	would	not	

require	a	certificate	of	waiver,	certificate	of	authorization,	or	

airworthiness	certification.	As	part	of	this	application	I	will	apply	for	a	

Certificate	of	Authorization	so	that	this	UAS	could	conduct	aerial	

videography	and	cinematography	to	improve	academic	community	

awareness	for	those	individuals	and	companies	unfamiliar	with	the	

geographical	layout	of	the	Dayton,	and	surrounding	areas,	to	enhance	

real	estate	listing	videos,	and	support	local	Emergency	Services	as	

needed.	

The	following	information	is	submitted	to	meet	the	requirement	of	the	above	act.

1. Name	and	Address

a. Erik	E.	Ullrich

b. 1050	Pritz	Ave,	Dayton	Ohio	45410

2. Section	of	14	CFR	from	which	I	seek	an	exemption

a. 103.1	(a)	is	used	or	intended	to	be	used	for	manned	operation	in	

the	air	by	a	single	occupant.

b. 103.1	(b)	is	used	or	intended	to	be	used	for	recreation	or	sport	use	

only

c. 103.21	No	person	may	operate	an	Ultralight	vehicle	except	by	

visual	reference	with	the	surface.

3. The	extent	of	relief	you	seek,	and	the	reason	you	seek	relief

a. 103.1	(a)	Request	the	operation	of	the	air	vehicle	as	an	UAS.	By	

definition	it	will	not	be	manned.

b. 103.1	(b)	Request	that	the	UAS	be	allowed	to	be	used	for	

commercial	purposes.	It	will	be	used	for	videography,	

cinematography,	real	estate,	agricultural	field	inspections	and	

aerial	property	monitoring.	

c. 103.21	Request	that	the	vehicle	be	operated	by	visual	reference	

“from	the	ground”	not	“with	the	ground.”	This	will	be	

accomplished	by	maintaining	maximum	altitude	and	distance	from	

the	PIC	of	200ft.	

4. The	reasons	why	granting	your	request	would	be	in	the	public	interest;	

that	is,	how	it	would	benefit	the	public as	a	whole.	

a. By	designating	small	UAS’	as	Ultralight	Aircraft	and	setting	below	

requirements	for	an	exemption	to	the	probation	for	commercial	

use,	public	safety	will	be	greatly	enhanced.	With	the	low	cost	of	

these	devices	many	are	in	the	process	of	using	them	in	a	nonregulated	none	tracked	manner.	In	addition,	to	the	exemption	list	

about	the	PIC	will	follow	the	below	requirements

i. 50	hours	of	flight	time	prior	to	use	for	commercial	

purposes.	The	hours	will	be	documented	in	the	standard	

FAA	logbook.
ii. Completion	of	an	FAA	Grounds	School	Program	or	home	

study	course	and	successfully	completion	of	the	knowledge	

test.	

b. The	above	stipulations	along	with	the	designation	of	this	UAS	as	

Ultralight	will	enhance	public	safety	in	the	following	ways:

i. Aircraft	and	PIC	will	be	registered	and	connected	to	allow	

for	accountability.

ii. Presently,	with	the	low	cost	these	devices	people	may	be	

operating	these	UAV’s	in	a	non-regulated	manner.	By	

providing	a	way	for	the	aircraft	to	be	registered	to	a	specific	

PIC,	if	there	is	an	incident	the	aircraft	can	be	traced	back	to	

an	individual.	I	will	notify	the	FAA	if	an	aircraft	is	added	or	

removed	from	the	fleet.

1. UAS,	Phantom	2	vision	plus	s/n	PT636023327	v1

2. PIC	Erik	E.	Ullrich

iii. By	matching	the	UAS	to	the	PIC	the	FAA	can	review	the	log	

book	to	ensure	that	the	PIC	has	spent	the	time	with	the	

particular	aircraft	to	ensure	public	safety.

iv. Although	the	UAS	has	a	home	function	as	a	safety	feature,	if	

the	aircraft	should	malfunction	and	not	respond	to	the	

transmitter	or	home	function,	the	PIC	will	notify	the	area	

controlling	station	in	the	same	manner	as	an	accidently	

released	tethered	balloon.	Once	an	aircraft	is	found	the	

serial	number	of	the	aircraft	can	confirm	the	PIC	

responsible	for	it.

c. By	designating	the	aircraft	as	an	Ultralight	the	rules	and regulation	

for	its	operation	are	already	established	for	safe	operation	in	

public	airspace

i. The	aircraft	cannot	operate	above	a	congested	gathering	

nor	can	it	operate	above	congested	parts	of	a	town	or	city.

ii. The	aircraft	can	only	operate	within	the	hours	of	daylight,	

unless	it	has	the	applicable	markings	and	safety	light.

iii. The	aircraft	can	only	operate	in	Class	G	airspace.	This	will	

keep	the	aircraft	away	from	other	air	traffic.

iv. The	aircraft	can	only	operate	in	airspace	as	stipulated	by	

the	cloud	cover	requirements	within	the	proper	103.	

Ensuring	safer	operation	around	other	aircrafts.

d. As	instructed	in	the	application	I	am	asking	for	an	exception,	

stating	that	the	UAS	can	only	operate	less	than	200	feet	AGL.	

Although	this	more	restrictive	then	the	Ultralight	requirements	it	

will	ensure	a	clear	line	of	sight	connections between	the	PIC	and	

the	UAS.

e. Aircraft	will	operate	in	airspace	controlled	by	emergency	

personnel	only	when	PIC	is	in	direct	voice	contact	with	Incident	

Commander	or	Designee.

f. Designating	the	UAS	as	an Ultralight,	the	following	regulations	will	
not	apply.	However,	public	safety	will	not	be	reduced	by	the	

actions	listed	and	will	be	enhanced	by	not	being	overly	

troublesome	to	the	operator	and	increasing	compliance.	

i. As	instructed	in	103.7	(c)	an	“N”	number	will	not	be	

required.	The	“N”	number	is	used	for	aircraft	identification.	

Limiting	the	aircraft	to	Class	G	airspace	or	airspace	

controlled	by	emergency	personnel	under	Incident	

Commander	control	eliminated	the	need	for	visual	

identification	of an	aircraft	within	an	airport	control.	The	

requirement	of	the	“N”	number	for	accident	identification	is	

fulfilled	by	the	registration	of	the	aircraft	and	the	PIC.

ii. As	instructed	in	103.7	(b)	airworthiness	certificate	is	not	

required	and	due	to	the	size	of	the	UAV.	Similar	to	other	

Ultralight	aircraft,	the	safety	hazard	represented	by	the	

aircraft	is	limited.	Also	the	requirement	the	aircraft	will	

operate	only	in	line of	sight	of	the	PIC	and	not	over	

congested	areas	further	reduce	any	hazard.	Mandating	that	

the	PIC	have	a	$1	million	dollar	insurance	policy	to	ensure	

that	proper	restitution	can	be	made	if	an	incident	does	

occur.	Public	safety	is	improved	by	reducing	the burden	on	

operator,	to	ensure	proper	registration	and	ensuring	that	

the	PIC	is	properly	insured	and	trained.	

iii. As	instructed	in	103.7	(a)	a	pilot	certificate	is	not	required.	

Due	to	the	differences	in	flying	a	UAS	and	operating	a	

manned	aircraft	for	personal	commercial	use,	little	is	

gained	from	requiring	one	of	these	certifications	for	UAS	

operation.	Passing	the	practical	test	and	showing	required	

logged	time	in	a	manned	aircraft	would	not	increase	the	

safety	of	the	UAS	operation.	This	being	said,	the	part of	the	

pilot	certification	that	would	be	applicable	is	the	knowledge	

and	ground	school	portion	of	the	certification.	This	part	of	

the	certification	would	give	the	PIC	an	understanding	of	the	

aircraft	operations	that	the	UAS	will	share	the	NAS	with	

and	the importance	of	staying	within	its	operating	

parameters.	The	knowledge	test	is	also	only	good	for	two	

years	and	will	have	to	be	renewed	insuring	recertification	

of	a	UAS	operating	permit.	Requiring	that	an	FAA	log	be	

filled	out	showing	knowledge	of	Specific UAS	operations	

will	also	enhance	public	safety.	The	above	will	ensure	

public	safety	while	not	placing	a	burden	on	UAS	operators	

that	may	encourage	unregistered	operation.	

g. My	request	for	an	exemption	differs	from	majority	of	request	that	I	

have	read	but	it	has	many	advantages.	

i. Starting	with	the	stipulation	that	these	small	drones	are	

Ultralight	aircraft,	many	of	the	rules	and	regulations	

necessary	to	keep	a	separation	from	other	manned	aircraft	
are	already	in	effect.	

1. No	person	may	operate	an	Ultralight	vehicle	except	

between	the	hours	of	sunrise	and	sunset.

2. Notwithstanding	paragraph	(1)	of	this	section,	

ulralight	vehicles	may	be	operated	during	the	

twilight	periods	30	minutes	before	official	sunrise	

and	30	min	after	official	sunset	or,	in	Alaska,	during	

the	period	of	civil	twilight	as	defined	in	the	Air	

Almanac,	if:

a. The	vehicle	is	equipped	with	an	operating	

anti-collision	light	visible	for	at	least	3	statute	

miles;	and

b. All	operations	are	conducted	in	uncontrolled	

airspace

3. Each	person	operating	an	Ultralight	vehicle	shall	

maintain	vigilance	so	as	to	see	and	avoid	aircraft	and	

will	yield	the	right-of-way	to	all	aircraft.

4. No	person	may	operate	an	Ultralight	vehicle	in	a	

manner	that	creates	a	collision	hazard	with	respect	

to	any	aircraft.

5. No	person	may	operate	an	Ultralight	vehicle	over	

any	congested	area	of	a	city,	town,	or	settlement,	or	

over	any	open	air	assembly	of	persons.

6. UAS	can	only	be	operated	in	Class	G	airspace

a. No	person	may	operate	an	Ultralight	vehicle	

within	Class	A,	B,	C,	or	D	airspace	or	within	

the	lateral	boundaries	of	the	surface	area	of	

Class	E	airspace	designated	for	an	airport	

unless	that	person	has	prior	authorization	

from	the	ATC	facility	having	jurisdiction	over	

that	airspace.

7. Any	person	operating	an	Ultralight	vehicle	under	

this	part	shall,	upon	request,	allow	the	

administrator,	or	his	designee,	to	inspect	the	vehicle	

to	determine	the	applicability	of	this	part.

8. No	person	may	operate	an	Ultralight vehicle	in	areas	

designated	in	a	Notice	to	Airmen	under	§91.137,	

§91.138,	§91.141,	§91.143	or	§91.145	of	this	

chapter,	unless	authorized	by:

a. Air	Traffic	Control	(ATC);	or

b. A	Flight	Standards	Certificate	of	Waiver;	or	

c. Authorization	issued	for	the	demonstration	

or	event.

9. No	person	may	operate	an	Ultralight	vehicle	in	

prohibited	or	restricted	areas	unless	that	person	has	

permission	from	the	using	or	controlling	agency.
10. The	pilot	or	operator	of	an	Ultralight	vehicle	must,	

upon	request	of	an	administrator,	furnish	

satisfactory	evidence	that	the	vehicle	is	subject	only	

to	the	provisions	of	this	part.

11. No	person	may	operate	any	Ultralight	vehicle	in	a	

manner	that	creates	hazard	to	other	persons	or	

property

12. No	person	may	allow	an	object	to	be	dropped	from	

an	Ultralight	vehicle	if	such	action	creates	a	hazard	

to	other	persons	or	property

13. No	person	may	conduct	operations	that	require	a	

deviation	from	this	part	except	under	a	written	

waiver	issued	by	the	administrator.	This	section	

mandates	that	several	aspects	of	Section	107	be	

waived	ensuring	proper	registration	of	UAS	being	

used	in	a	commercial	enterprise	and	that	the	PIC	is	

properly	experienced.

ii. Stipulating	these	small	UAS	as	Ultralight	aircraft	an	Airman	

certification	is	not	required.	By	stipulated	that	the	

knowledge	test	portion	of	the	air	certificate	is	enforced,	all	

operators	will	be	required	to	understand	the	requirement	

to	keep	UAS	away	from	manned	aircraft	and	the	rules	in	

which	they	will	operate	ensuring	public	safety.

iii. Mandating	document	hours	on	the	specific	UAS	prior	to	

commercial	use	will	ensure	public	safety	by	ensuring	the	

PIC	is	proficient	a	particular	airframe.	This	wil	also	

mandate	the	proper	documentation	to	prove	this	

proficiency.	

h. There	is	no	request	to	exercise	the	privileges	of	your	exemption	

outside	of	the	United	States.

Respectfully	submitted	

Erik	E.	Ullrich