January 18, 2016 

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 

61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 

91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, 

I, Arnold Wratschko, operator of an Unmanned Aircraft System 

(UAS), hereby apply for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, 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. 

I would like to formally submit for an exemption from part 21, 

subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow the 
operation of unmanned aircraft systems (UAS) for the purpose of 

aerial videography and photography real estate purposes and events. 

Applicant: 

Arnold Wratschko

109 Stoney Ridge Ct, Williamstown KY 41097

arnold5150@gmail.com

(859) 816-9673 

Commercial operation of an UAS, as described herein, which are 

equipped with camera and sensors, would operate in the following 

manner: 

• Aerial photography and/or video for public and/or private use 

including real estate and other related professional activities. 

• Aerial video and/or photography for public and/or private use 

including public and private events. 

As described fully below, the requested exemption would permit the 

operation of a UAS under controlled conditions in the NAS that 

would be a) limited, b) controlled, c) predetermined, and d) will 

provide safety enhancements to the already safe operations in the 

industry presently using conventional aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of 

Transportation responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace 

system.” 
As found in Exemption No. 11138 (Trudeau), the FAA recently 

approved similar use of a PHANTOM 2 UAS. We will operate a 

UAS, the DJI Phantom 3 Professional, Model W323, which is 

comprised of an unmanned aircraft (UA or Phantom), an attached 

4K camera and a transportable ground station. The PHANTOM 3 is 

a quadcopter with a gross weight of 2.8 pounds. It is equipped with 

four rotors that are driven by electric motors powered by batteries. 

The UA has a maximum airspeed of 16 m/s. It will be operated over 

various metropolitan areas, primarily around Nashville, TN, to 

augment real estate listing videos, capture event aerial video and 

photography, and related business operations. 

UAS Operating Parameters 

We will abide by the following additional operating conditions 

under this exemption, which ensures a level of safety at least equal 

to existing rules: 

• operate UAS below 400 feet and within a radius distance of 

1000 feet from the controller to aid in direct line of sight visual 

observation; 

• obtain permission from the owner/controller of any vessels, 

vehicles and structures when operations may be conducted 

closer than 500 feet to any such vessels, vehicles or structures; 

we will conduct a safety assessment of the risk of operating 

closer to those objects and determine that it does not present an 
undue hazard; 

• operate the UAS for 5-10 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum 

level of battery 

power; 

• operate UAS during daylight hours only within visual line of 

sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety 

feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost; 

• conduct all operations under the flight safety protocols 

(including posting a warning sign reading: “Attention Aerial 

Photography in Progress – Remain Back 150 feet”) contained 

in the operating documents and will actively analyze flight data 

and other sources of information to constantly update and 
enhance safety protocols; 

• will NOT fly within 5 miles of any airport; 

• will NOT fly in any National Park; 

• Will NOT hinder or fly near any emergency situation or 

emergency response 

personnel; 

• always obtain all necessary permissions prior to operation; 

have procedures in 

place to abort flights in the event of safety breaches or potential 

danger; 

• only operate in safe environments that are strictly controlled, 

are away from 

power lines, elevated lights, airports and densely populated 

areas (defined by areas depicted in “yellow” on VFR charts 

and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO); 
• conduct extensive preflight inspections and protocols, during 

which safety carries primary importance (reference 

PHANTOM Flying Flow Chart and User Manual). 

Regarding UAS operational training, we have flown numerous 

practice flights in remote areas as hobbyists simulating flights for 

future commercial use to gain familiarization with the 

characteristics of the UAS’ performance under different temperature 

and weather conditions. 

Any PIC operating our UAS will have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. The PIC will also have accumulated 

and logged a minimum of 5 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations. In addition to the 

hour requirements, the PIC will accomplish 3 take-offs and landings 

in the preceding 90 days (for currency purposes) prior to any flight. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated 

with the UA, we feel an exemption from 14 CFR part 21, Subpart H 

(Airworthiness Certificates) and § 91.203(a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted 

and meets the requirements for an equivalent level of safety under 

14 CFR part 11 and Section 333 of P.L. 112d95 (Section 333). 
I request an exemption from § 45.23 Marking of the aircraft because 

the UA will not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, the two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, I can 

mark the UAS in the largest possible lettering by placing the word 

“Experimental” on its fuselage as required by § 45.29(f) so that 

anyone will see the markings. 

I request an exemption from § 91.7(a) which prohibits the operation 

of an aircraft without an airworthiness certificate, since there is 

currently no certificate applicable to our operation, this regulation is 

inapplicable. 

I request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)

(2) and 91.417(a) and (b) Maintenance inspections since they only 

apply to aircraft with an airworthiness certificate. However, as a 

safety precaution I will perform a preflight inspection of the UAS 

before each flight as outlined in the attached operating documents. 

I request an exemption from § 91.9(b)(2) which requires an aircraft 

flight manual in the aircraft, however since there are no pilots or 

passengers on board the aircraft and given its size, this regulation is 

inapplicable. I believe an equivalent level of safety will be achieved 

by maintaining a safety/flight manual with the UAS ground station. 

I request an exemption from § 91.119 which prescribes safe 

altitudes for the operation of civil aircraft, but it allows helicopters 
to be operated at lower altitudes in certain conditions. I will not 

operate our UAS above the altitude of 400 feet above ground level 

(AGL) and will also only operate in safe areas away from the public 

and traffic, thus “providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes.” Given the size, 

weight, maneuverability, and speed of the UAS, an equivalent or 

higher level of safety will be achieved. 

I request an exemption from § 91.121 Altimeter settings as it is 

inapplicable since the UAS utilizes electronic GPS with a 

barometric sensor. 

I request an exemption from § 91.151(a) Fuel requirements for flight 

in VFR conditions. The UAV is 100% electric and two low battery 

alerts are issued per the operating documents, the UAV will be 

landed at the first alert. Also, our flights will last only 5-10 minutes 

each, and the UAS has an automated function, which results in 

immediate landing when a low battery is detected. The PIC will not 

begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended 

landing and, assuming normal cruising speed, land the UA with 30% 

battery power remaining. 

Public Interest 

Aerial photography and videography for real estate and events are 

proven strategies to enhance marketing efforts and increase business 

success. The industry is not new. However, until recently it was 

conducted through the use of costly manned aircraft, a prohibitive 

business activity for small companies. By granting this exemption I 

would be able to provide safer and more affordable services. 
Further, the small UAS will pose no threat to the public given its 

small size and lack of combustible fuel when compared to larger 

manned aircraft. Additionally, the operation of our UAS will 

minimize harm to the environment economic growth by providing 

information to companies and the public looking to relocate or build 

in the metro areas we service. Public and private events serviced by 

our business enhance vibrancy and add culture to the community 

and its citizens. 

Summary 

I will comply with all of the following conditions and limitations 

should this exemption be provided: 

. 1) Operations will be limited to the following aircraft 

described in the operating 

documents, which is a quad-rotor aircraft weighing 2.8 pounds: 

Phantom 3 

Unmanned Aircraft System. 

. 2) The UA will not be flown at an indicated airspeed 

exceeding 50 knots. 

. 3) The UA will be operated at an altitude of no more than 400 

feet above ground level 

(AGL), All altitudes reported to ATC must be in feet AGL. 
. 4) The UA will be operated within visual line of sight (VLOS) 

of the Pilot In Command 

(PIC) at all times. 

. 5) All operations will utilize a visual observer (VO). The UA 

will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and 

PIC will be able to communicate verbally at all times. The PIC 

will be designated before the flight and will not transfer his or 

her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the functions prescribed in the 

operating documents. 

. 6) The operating documents will be accessible during UAS 

operations and made available to the Administrator upon 

request. Any revisions to the operating documents will be 

presented to the Administrator upon request. 

. 7) Prior to each flight, the PIC will inspect the UAS to ensure 

it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UAS, the UAS 

will not be operated until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe 

flight. The Ground Control Station will be included in the 

preflight inspection. All maintenance and alterations will be 

properly documented in the aircraft records. 

. 8) Any UAS maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight 

critical component, will undergo a functional test flight. The 
PIC who conducts the functional test flight will make an entry 

in the aircraft records. 

. 9) The preflight inspection section in the operating documents 

will account for all discrepancies, i.e. inoperable components, 

items, or equipment, not already covered in the relevant 

sections of the operating documents. 

. 10) I will follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements. 

. 11) I will carry out maintenance, inspections, and record 

keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, and alterations will be 

noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the 

authorized person returning the UAS to service. 

. 12) Each UAS operated will comply with all manufacturer 

Safety Bulletins. 

. 13) An authorized person will make an entry in the aircraft 

record of the corrective action 

taken against discrepancies discovered between inspections. 

. 14) Prior to operations conducted for the purpose of aerial 

videography/photography and 
for real estate listing videos and public and private events and 

similar operations, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR 61.51(b), a minimum of 

25 hours of total time as a UAS rotorcraft pilot including at 

least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

. 15) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and 

public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 

CFR 61.51(b), a minimum of 5 hours as UAS pilot operating 

the make and model of the UAS to be used in operations. The 

PIC will accomplish 3 take-offs and landings in the preceding 

90 days. 

. 16) The PIC will not operate the UAS for the purpose of aerial 

videography/photography and for real estate listing videos and 

public and private events and similar operations, unless the 

PIC has demonstrated and logged in a manner consistent with 

14 CFR 61.51(b), the ability to safely operate the UAS in a 

manner consistent with the operating documents, including 

evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and 

structures.

17) UAS operations will not be conducted during night, as 

defined in 14 CFR 1.1. All operations will be conducted under 

visual meteorological conditions (VMC).

18) The UAS will not operate within 5 nautical miles of an 

airport reference point as denoted on a current FAA published 
aeronautical chart.

19) The UA will 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. 

20) If a UA loses communications or loses its GPS signal, it 

will return to a predetermined location within the planned 

operating area and land or be recovered in accordance 

with the operating documents.

21)The PIC will abort a flight in the event of unpredicted 

obstacles or emergencies in accordance with the operating 

documents. 

22) The PIC will not begin a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly 

at normal cruising speed to the intended landing point and land 

the UA with 30% battery power remaining. 

23) Before conducting operations, the radio frequency 

spectrum used for operation and control of the UA will 

comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency 

requirements. 

24) The documents required under 14 CFR 91.9 and 91.203 

will be available to the PIC at the Ground Control Station 

of the UAS any time the UAS is operating. These documents 

will be made available to the Administrator or any law 

enforcement official upon request. 

25) The UA will remain clear and yield the right of way to all 

manned aviation operations and activities at all times.

26) The UAS will not be operated by the PIC from any 

moving device or vehicle.
27) The UA will not be operated over congested or densely 

populated areas. 

28) Flight operations will be conducted at least 500 feet from 

all nonparticipating persons, vessels, vehicles, and structures 

unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of 

an accident. We will 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where 

the owner/controller of such vessels, vehicles or structures has 

granted permission 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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a). 

29) All operations will be conducted over private or controlled 

access property with permission from the land owner/controller or 

authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be 

conducted.

30) Any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by 

the applicable COA will be reported to the FAA's UAS Integration 

Office (AFSd80) within 24 hours. Accidents will be reported to the 

National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
If you have questions or need additional information, please contact 

me at arnold5150@gmail.com or (859) 816-9673. 

Thank you, 

Arnold Wratschko

Airline Transport Pilot