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US Department of Transportation Exemption Request Pursuant to Section : _ -.- ·.,':-' . .:_ L_:_~- .- .~ 

333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations· · -· · :- · · ·. · ~ 

October1 0, 2015 

Paul David Preblich 

10176 Kimbro CircleS 

Cottage Grove, MN 55016 

ppreblich@cadets.com 

U.S Department of Transportation Docket Management System 

1200 New Jersey Ave., SE Washington DC 20590 

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

Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 

CFR 45.23(b); 14 CFR 61.113(a) and (b); 14CFR 91.7(a); 14 

CFR91.9(b)(2); 14 CFR 91.1 03; 14 CFR 91.1 09; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151 (a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and 

(b). 

The exemption is in the public interest and pursuant to the authority 

contained in 49 U.S.C. 1 06(f), 40113, and 44701. 

Dear Sir or Madam: 

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

(the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), 

Paul David Preblich hereby applies for ·an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow for commercial operation of designated 

UAS, provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required 

by Section 333. 

Thank you in advance for your consideration. 

1 
Commercial operation of an UAS, as described herein (which are equipped 

with camera(s) and sensors), would provide professional services in the 

following areas: 

1. Real Estate 

2. Aerial Photography I Videography 

3. Aerial Inspection commercial and Private 

4. Construction Sites 

5. Search and Rescue 

6. Public and Private Events 

7. Research 

8. UAS Operations within NAS 

9. Local and State Operations if needed 

10. Public Awareness 

11. Wildlife and forestry 

12. Cell Towers I Wind Turbines I Pipe Line Inspections 

13. UAS Training · 

14. Aerial Imaging for Safety 

15. Surveying 

16. Film Making 

17. Agriculture 

As described fully below, the requested exemption would permit the operation of 

designated UAS as set forth in this document under controlled conditions in the 

NAS that would be a) limited, b) controlled, c) predetermined, and d) safe. 

Approval of this exemption would increase public awareness of UAS operations 

and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to" .... establish requirements for the safe 

operation of such aircraft systems in the national airspace system." 

The name and address of the applicant is: 

Paul David Preblich 

10176 Kimbro CircleS 

Cottage Grove, MN 55016 

ppreblich @cadets.com 

2 
From which the exemption is requested: 14 CFR Part 21 subpart H 14 

CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 91.7 (a), 14 CFR 91.9 (b) 

(2), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119 (c), 14 CFR 91.121, 14 

CFR 91.151 (a), 14 CFR 91.203 (a), 14 CFR 91.405 (a), 14 CFR 91.407 (a), 

14 CFR 91.409 (a), 14 CFR 91.417 (a): 

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 

11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213 to 

Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645 to Allied 

Drones (see Docket No. FAA-2014- 0804), There is enhanced safety achieved 

using an unmanned aircraft (UA) with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, 

gives the FAA good cause to find that the UAS operation enabled by this 

exemption is in the public interest. 

Paul David Preblich will operate one or more of the following model UAS: 

3DR Solo, 3DR Iris, DJI Phantom 2, DJI Phantom 3 Professional, DJI Inspire 

1 

Safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, 

including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly, the applicant 

graciously requests that the FAA grant the requested exemption. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or 

property using conventional aircraft. These limitations and conditions to which 

the applicant agrees to adhere to (when conducting commercial operations 

under the FAA issued exemption) are set forth in the Flight Operations 

Manual (FOM) and will include: 

3 
1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 

pounds with battery and camera. 

2. The UAS, depending on the model in operation, will have a 

maximum operating speed of no more than 50mph. 

3. Flights will be operated within line of sight of the Pilot in 

Command (PIC) and/or Visual Observer (VO). 

4. Maximum flight time for each operational flight will be depending on the 

UAS model in operation, but will not exceed 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time 

whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above 

Ground Level (AGL) and not more than 200 feet above an elevated platform 

from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot and at 

least one Visual Observer (VO), and may include a third, but separate, 

Camera Operator (CO). 

7. The UAS pilot will be a designated Pilot in Command (PIC). The 

PIC will have logged a minimum of 20 hours on the designated UAS 

and possess an FAA PPL. 

8. A safety briefing will be performed prior to each day's flight; 

consisting of all the day's activities and any safety related concerns. 

Production activities. 

9. All flight activities will be logged and documented. 

10. All flights will occur under Visual Flight Rules Meteorological 

Conditions (VMC) only. 

4 
11 . The flights will occur in Class G airspace no closer than a 5 mile 

radius of the geographic center/Airport Reference Point (ARP) of a tower 

controlled or uncontrolled airport. 

12. The operator will do a pre-check of the aircraft prior to each flight. 

13. The operator will obtain verbal/written consent of all persons involved 

with the planned operation, ensuring that only consenting persons be 

allowed within 100 feet of the flight operation. The radius may be reduced to 

30 feet based upon an equivalent level of safety determination, as required 

by the U.S. Department of Transportation, under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be 

approved. 

14. The PIC and VO will have been trained in operation of UAS 

and receive up to date information for the particular UAS to be 

operated. 

15. The PIC and VO will be able to communicate by voice and/or radio at 

all times. 

16. The PIC will abide by all rules. 

17. If the UAS loses communications with the remote controller or loses 

GPS signal, the UAS will have the capability to return to a predetermined 

location within a designated location and land autonomously. 

18. The UAS will have the capability to abort a flight in case of emergencies 

with an automated "Return Home and Land" function. 

19. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or other emergencies such as low battery. 

20. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

5 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1 ). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for 

an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. The UAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements 

and in compliance with local public safety requirements. These safety 

enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. 

§ 45.23 (b). Marking of the Aircraft The regulation requires: When marks include 

only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or 

"provisional/' as applicable. 

6 
14 C. F. R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks 

include onlythe Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' 

or "provisional/' as applicable. Even though the UAS will have no airworthiness 

certificate, an exemption may be needed as the UAS will have no entrance to the 

cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of the UAS, two inch lettering will be impossible. The word 

"Experimental" will be placed on the fuselage incompliance with §45.29 (f). US 

Department of Transportation February 20, 2015 The equivalent level of safety will 

be provided by having the UAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the UAS will see the identification 

of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS 

operations may achieve an equivalent level of safety as achieved by current 

regulations because the applicant's UAS do not carry any pilots or passengers nor 

property. It is believed that the operation and limitations set forth in the FOM will 

equate to the safe operation of the UAS. 14 C.F.R. §91.7{a): Civil Aircraft 

Airworthiness. The regulation requires that no person may operate a civil aircraft 

unless it is in airworthy condition. As there will be no airworthiness certificate issued 

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 checklists (prior to each flight), an equivalent level of safety will be 

provided. 14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 

91.9 (b){2) provides: No person may operate a U.S. registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21 .5 of this 

chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. The UAS (given its size and configuration), has no ability or 

place to carry such a flight manual on the aircraft, not only because there is no pilot 

on board, but because there is no room or capacity to carry such an item on the 

aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot (flying the UAS) will have 

immediate access to it. 14 C.F.R. § 91.103: Preflight Action. This regulation requires 

each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided, for the aircraft, 

an exemption will be needed. 

7 
The PIC will take all actions as stated in the FOM in Section 4 under Normal 

Procedures including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides 

that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual 

controls. UAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety is provided by the factthat neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 14 C.F. R. §91.119: 

Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the 

minimums prescribed, provided the person operating the helicopter complies with 

any route or altitudes prescribed for helicopters by the FAA. As this exemption is for 

a UAS (that is a helicopter) and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As 

set forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the UAS will not be operated more 

than 200 feet above the highest point on the structure. It will however be operated 

in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent. The equivalent level of 

safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of 

the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. 

In addition, the low altitude operations of the UAS will ensure separation between 

these UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires 

each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the UAS may not have a 

8 
barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151 (a): 

Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an 

individual from beginning "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; or (2) At night, to fly after that for at 

least 45 minutes." The applicant believes that an exemption from 14 CFR 

§91.151 (a) falls within the scope of prior exemptions. Operating the UAS in a tightly 

controlled area where only people and property owners or official representatives 

who have signed waivers will be allowed does not engender the type of risks that 

Section 91.151 (a) was intended to alleviate given the size and speed of the small 

UAS. The applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 25% of battery power- whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): 

Carrying Civil Aircraft Certification and Registration The regulation provides in 

pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil 

aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate, (b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew. The UAS fully loaded weighs well under the 

proposed 55 lb limit and is operated without an onboard pilot. As such, there is no 

ability or place to carry certification and registration documents or to display them 

on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have 

immediate access to them, to the extent they are applicable to the UAS. 14 C.F.R. 

§91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These 

regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall, between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter. .. ," and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these sections and Part 

43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and 

9 
operate only in restricted areas for a limited period of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no higher than 400 

feet AGL. The operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual. As provided in the FOM, and a link on last page, the 

operator will ensure that the UAS is in working order prior to initiating flight and 

perform required maintenance as needed. 

Additional Information: 

The applicant Paul David Preblich believes this exemption request and 

associated safety considerations adequately satisfy criteria provided in Section 

333 of the Reform Act of 2012, providing sufficient justification for the granting of 

commercial operations of the applicant's UAS. 

The applicant, Paul David Preblich requests your respective approval of this 

Section 333 exemption petition request. 

Thank you for your attention and consideration in this matter. Please notify Paul 

David Preblich of your actions, and or approvals. 

Sincerely, 

~" 10176 Kimbro Circle S. 

Cottage Grove, MN 55016 

Ph. 651-247-3617 

Email: ppreblich@cadets.com 

10 
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