December 2 8 th 2015

US Department of Transportation Docket M anagement System 1200 New Jersey Avenue Southeast Washington DC 20590

Re: R equest for Exemption under Section 3 33 of the FAA M odernization and Reform Act of 2012 and P art 11 of the Federal Aviation Regulations.

**Name and address of P**  **etitioner** Kris Donahue

- RVC Air Studios 5124 Yuma Lane North Plymouth , Minnesota 55446 Phone number 651

- 755

- 8280 Email : kdonahue@evercorellc.com

Dear Sir or Madam: Pursuant to section 333 of the FAA Mo dernization and Reform Act of 2012 and 14 CFR part 11, Kris Donahue

- RVC Air Studios the petitioner, request exemption from the following Federal Aviation Regulations in order to legally operate an unmanned aircraft system UAS in the National Ai rspace system. **Regulations from which the E** **xemption is requested** 14 CFR 21 H, 14 CFR 45.23 B, 14 CF R 61.113 A& B, 14 CFR 91.7 A, 14 CFR 91.9 D 2, 14 CFR 91.10 3 D , 14 CFR 91.109, 14 CFR 91.1 19, 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, 14 CFR 91.409 A & B, 14 CFR 91.417 A & B, 14 CFR T itle 14 C hapter 1 S ub D part 62 thru 67
– 61.1 to 61.429
. Petitioner wishes to be granted the E xemptions of the UAS C ommercial O perations listed below **Applications and Operations** State and M unicipal R oadways for P lanning, N ew Construction, R e - construction and R epair Bridge A butments, Column P lacements and Job Site Access R outesTopographical Overhead of C onstruction site

Environmental Assessments Location of U tilities, W etlands and other unforeseen obstacles for Road Construction Aerial photography real time D ay-to
- D ay pro gress Identify p otential Ground Construction Safety concerns **Producer’s P**  **lants and G**  **ravel P**  **its** Mapping and M onitoring Stockpile q uantities Aerial P hotography to ensure W aste W ater R unoff is in compliance with all Local R egulations **Equipment I**  **nspections** Visual M onitoring of E quipment and placement **Operations:** The UAS will **not** be operated at a speed exceeding 30 knts. ( 35 mph),at a attitude of greater than 400 feet above ground level, or, when visibility is less than 3 statute miles, less than 500 feet or 2000 feet horizontally from a cloud. All operations will be conducted during daylight hours under visual meteorological conditions. The Petitioner will insure prior to operation that the PIC (Pilot in Charge) has demonstrated the abili ty to safely operat e the SAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. The Petitioner, at all times will have a Visual Observer “VO” on site and in close proximity to the Pilot in Charge “PIC” during Flight operations. The petitioner believes that the use of the UAS is more economical and safer to use for the aforementioned purpose. Use of the UAS rather than de mand aircraft is more economical to the consumer, and beneficial to the general public due to a small size, low noise and minimal impact to people and the environment

. **Characteristics of A**  **ircraft :**  **UAS Registration # FA3Y3FREAK (** **Align 690L Hexacopter)** The U AS is to be used by the petitioner is the Align 690L H exacopter. **Features I**  **nclude: Autopilot System (APS M)** 

– T he APS M Control Unit has superior performance due to it cutting edge information technologies, utilizing high precision sensors and modern system control subroutines. **Dual S** **atellite GPS S** **ystem :**  System is able to acquire up to 35 S atellites for maintaining positioning and assuring pinpoint accuracy for “ R eturn to H ome” feature

. **3 F**  **light M**  **odes :**  Attitude GPS, GPS S peed, GPS A ngular. (NO MANUAL FLIGHT MODE) **3 Intelligent Flight Modes:** CFO Mode N/A, HCL Mode, is the Coarse Heading Lock and the POI Mode , is the “Point of Interest”.**Return to Home:** I s activated by a remote switch on the ground station unit, or if signal is lost between

the UAV and Ground Station the UAV will go into Failsafe and “Return to Home” automatically. **Low Voltage Failsafe:** If the Flight Batteries drop below a specified value (Values determined by Manufacture) the UAV will enter the Failsafe Mode and automatically “Return to Home”. **On Screen Display:** Provides real time flight data to the Ground Station ( OSD) , for Altitude, Speed, Direction, Satellites Acquired, Battery Voltage, Horizon Orientation, and Distance to Home as well as Ela psed Flight Time for that specific flight

. **RoHS C**  **ertified**
**Request for E** **xemption, S** **ection 333 of the FAA Reform Act pertaining to Federal Aviation Regulations** The petitioner request an exemption from the following regulations as well as a dditional regulations that made technically applied to the operation of the UAS. **14 CFR 21 H A**  **irworthiness C**  **ertificates** Certification procedures for products and parts **Reason for E** **xemption** It has been determined that similar UAS do not require an air worthiness certificate has granted an exemption number 11623, 11650, 11664 and 11734. **14 CFR 45.23 B M**  **arking of the A**  **ircraft** These regulations provide that each aircraft must display in and the aircraft registration number in the letters at least 3 inches hi gh. Additionally, the aircraft must display the word experimental in letters at least 2 inches high near the entrance to the cabin, cockpit or pilot station. **The reason for E** **xception** Even though the UAS will have no air the worthiness certificate, an exem ption may be needed as the UAS will not have an entrance to the cabin, cockpit or pilot station on which the word experimental can be placed given the size of the UAS, 2 inch lettering will be impossible. The word experimental will be placed on the fuselag e and compliance with 45.29 The FAA has issued the following exemptions to this regulation to exemption numbers 10700, 10167 8 738 and 10167. **14 CFR 61.113 a b Private**  **Pilot P**  **rivileges and L** **imitations** The regulation provides that no person may serve as a required pilot flight crew member of a civil aircraft of the United States unless that person 1 .) has a pilot certificate or special purpose authorization issued under this part in that person’s physical possession or readily accessible, 2 .) the flight is only incidental to that business or employment. 3 .) the aircraft is not carry passengers or property for compensation or hire.**Reason for E** **xception**

The petitioner will follow all manufacturers training program and safety manuals I also please these requirements are unnecessary for a pilot controlled Drone flight additionally, current FAA proposals have committed this as a future requirements for small UAS. **14 CFR 91.7 A C**  **ivil A**  **ircraft A**  **irworthiness** Civil aircraft airworthiness A no person that operate as civilized craft unless it is an air worthy condition. **Reason for E** **xception** It has been determined that similar UASs do not require airworthiness certificate, however the petitioner will ensure airworthiness through the combined use of the manufacturer’s o peration manuals and pre

-flight checks. **14 CFR 91.9 B C**  **ivil A**  **ircraft F**  **light M**  **anual in the A**  **ircraft** This regulation provides that no person shall operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that a flight manual information is available to the other crew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too smal l to carry documentation; the documentation would not be available to the crew. **Reason for E** **xception** The equivalent level of safety will be maintained by keeping flight manuals at the ground station point where the pilot flying the UAS will have immediate access to it, the FSS has issued the following exemptions to this regulation ; exemption number 8607, 8737, 8738, 92 99 , 9299A to list a few. **14 CFR 91.1 03 B P**  **reflight I**  **nspection** This regulation requires each P ilot in Command (PIC) to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The petitioner will take all actions including reviewing weather, flight battery requirements, landi ng and takeoff distances and aircraft performance data before initiating flight. **14 CRS 91.109 Flight I**  **nstructions** This regulation provides that no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual control. **Reason for E** **xception** UAS and remotely piloted aircraft, by their design so not to have fully functional dual control. Flight control is accomplished through the use of a control box which communicates with the aircraft via R adio Communications. The FAA has approved exemption s for flight training without fully functional dual controls for a number of aircraft and for Flight instruction in experimental aircraft. See exemptions # 5778 K and 9862 A . The equi valent level of safety provi ded, by the fact that either a Pilot or a passenger will be carried in the aircraft and by the size and speed of the aircraft.**14 CFR 91.1 1 -** **9 M**  **inimum S** **afe A**  **ltitudes**

Th e regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirem ent. **Reason for E** **xception** The use of the UAS will be flying no higher than 400 feet AGL in LOS over developed and developing residential areas that may be considered congested areas. That will not always be the case and providing a property survey flight because they could be conducting over empty lots or acreage with no structure. In the case of flying over or near existing private property while providing aerial imagery, property inspections, and property assessments, land owners will be notified in person by the petitioner, or buy a card left behind by the petitioner if requested. Petitioner will review the landowners associated risks to people and property due to the small size of the UAS the associated with two persons, vessels, vehicles in structures is not comparable to an aircraft and should be taken into consideration. **14 CFR 91.121 A**  **ltimeter S** **ettings** This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of aircraft, as the case maybe, by reference to an altimeter that is set, when operating below 18,000 feet MSL. **Reason for E** **xception** Most UAS do not have a barometric altimeter if it does have GPS that will calculate altitude, speed and position. The petitioner will limit flights to a maxi mum altitude of 400 feet AGL as granted and exemption number 11623, 11624 and 11734

. **14 CFR 9 0.151 A F**  **uel R**  **equirements for F**  **light and VFR**  **C onditions**  Fuel requirements for flight in VFR condition A ) no person maybe began a flight in an airplane under VFR c onditions un less 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 E** **xception** The UAS provides low battery warning to indicate when you should return the UAS to the launch point. In addition a low and critical battery level warning and implemented a “R eturn to H ome ” action in these situations. The petitioner will not initiate a flig ht unless there is enough power to fly at normal cruising speed to the intended landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to others. **14 CFR 91.203 A & B Carrying**  **Civil A**  **ircraft C**  **ertification and R**  **egistration** This regulation provides as follows No person may operate the C ivil A ircraft unless it as the appropriate and current A irworthiness C ertificate.No person may operate a C ivil A ircraft unless a A irworthiness C ertificate requi red by paragraph ( A) of

this section or a special flight authorization is issued under 19.71 displayed at the cabin or cockpit entrance so that it is legible passengers or crew. **Reason for E** **xception** To obtain equivalent level of safety and meet the intent of 91.203, documentation will be housed at a ground control points where the PIC is flying the UAS for immediate access to the extent they are applicable to the UAS . And doing some research the FAA has issued numerous exemptions to this regulation. **14 CFR 91.405**  **A: Maintenance inspections**  Each owner or operator of an aircraft A)shall have that Aircraft inspected as prescribed and Sub Part E of this part in shall be between required inspection, except as provided in paragraph C of this section, have discrepancies repaired as prescribed and part 43 of this chapter. **Reasons for E** **xception** The P etitioner shall inspect the A ircraft prior to every flight. The Petitioner also will follow the manufacturer’s recommended preflight checklist and make any repairs nec essary before flight s occur. The P etitioner will also maintain a log of any maintenance and or repairs preformed. **14 CFR 91.407 (** **A )(**  **1 )M**  **aintenance** Operation after maintenance, preventive maintenance rebuilding or alteration A) no person may operate an airc raft 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 this chapter. **Reason for E** **xception** T he petitioner who has the responsibility for the operation and safety of the UAS will follow the manufacturer’s suggested replacement parts.

**14 CFR 91.409 (**  **a )**  **1&2. Inspections** Inspection 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 ) 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) and exception for the issuance of an A irworthiness Certificate in accordance with the P art 21 of this chapter. No inspection performed under paragraph B of the section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspection s and is entered as an annual inspection in the required maintenance records. **Reason for E** **xemption** The Petitioner will follow manufactures suggestions to insure that the UAS is in condition for safe Flight at all tim es.**14 CFR 91.417 A & B : Maintenance Records** 

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator shall keep the following records for the periods specified in paragraph B of this section 1 2 & 3. **Reason for E** **x ception**  The P etitioner will keep a record of all repairs and modifications. The P etitioner also proclaims to use approved manufactured parts for all repairs and modifications. **14 CFR T** **itle 14 C**  **hapter 1 S**  **ubchapters D**  **P arts 60 thru 67**  **- 61.1 to 61.429:**  **P ilot**  **C ertification**  This section pertains to flight rules, pilot certification requirements, manuals, etc. **Reason for E** **xception** Petitioner believes that these requirements are unnecessary for pilot controlled drone flight s and current FSS proposals have admitt ed this as a future requirement for a small UAS. **In conclusion:** I Kris Donahue

- RVC Air Studios , the petitioner request for exemption from the above

- mentioned Federal Aviation regulation in order to legally operate an unmanned aircraft system UAS and the national air space system in order to perform the applications and operations pertaining to my c urrent construction work in a safe and controlled environment the petitioner hopes for a timely consideration , as I have made considerable investment in time and finances on this project.
Sincerely

Kris E. Donahue

- RVC Air Studios 5124 Yuma Lane North Pl ymouth, MN 55446 651

- 755

-8280 krisd@rvcairstudios.com kdonahue@evercorellc.com