'· '_·**·~ --~** -:_;__;**'~ :-~~.';'** **~'** US Department of Transportation Exemption Request Pursuant to Section :_-.-·.,':-'..:_**L_:_~-**.-**.~** 333 ofthe FAA Reform Act and Part 11ofthe Federal Aviation Regulations· ·-··:-···.·**~** October1 0, 2015 Paul David Preblich 10176 Kimbro CircleS Cottage Grove, MN 55016ppreblich@cadets.comU.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 r:s:·::·,o ':J:.:.=::**~!**

Re: Exemption Request Pursuant to Section 333 ofthe 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 isinthe public interest and pursuant tothe authority contained in49 U.S.C. 106(f), 40113, and 44701. Dear Siror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Actof 2012 (the "Reform Act") and 14 CFR Part 11of 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 oras may be established bythe FAA as required by Section 333. Thank youin advance for your consideration. 1Commercial operation ofan UAS, as described herein (which are equipped with camera(s) and sensors), would provide professional services inthe 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 IPipe 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 asset forth inthis document under controlled conditions inthe NAS that would bea) limited, b) controlled, c) predetermined, andd) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safety toaidin fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to".... establish requirements forthe safe operation of such aircraft systems inthe national airspace system." The name and address ofthe applicant is: Paul David Preblich 10176 Kimbro CircleS Cottage Grove, MN 55016 ppreblich @cadets.com 2From which the exemption is requested: 14 CFR Part 21 subpart H14 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): Asin 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 bythe petitioner and carrying no passengers or crew, rather thana manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause tofind that the UAS operation enabled bythis exemption isinthe public interest. Paul David Preblich will operate oneor more ofthe following model UAS: 3DR Solo, 3DR Iris, DJI Phantom 2,DJI Phantom 3 Professional, DJI Inspire 1 Safety requirements. The approval ofthis 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 ofthe requested exemption isinthe public interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed foran equivalent or higher level of safety because operations will further enhance the safety ofthe 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 inthe Flight Operations Manual (FOM) and will include: 31. The UAS will weigh significantly less than 55 lbs.It weighs less than 4 pounds with battery and camera. 2. The UAS, depending onthe model in operation, will have a maximum operating speed ofno more than 50mph. 3. Flights willbe operated within lineof sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO). 4. Maximum flight time for each operational flight will be depending onthe UAS model in operation, but will not exceed 30 minutes. Flights willbe terminated at 25% battery power reserve or30 minutes of flight time whichever occurs first. 5. Flights willbe operated atan altitude ofno 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 ofthe UAS Pilot andat least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot willbea designated Pilot in Command (PIC). The PIC will have logged a minimum of20 hours onthe designated UAS and possess an FAA PPL. 8. A safety briefing willbe performed prior to each day's flight; consisting ofallthe day's activities and any safety related concerns. Production activities. 9. All flight activities willbe logged and documented. 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 411. The flights will occur in Class G airspace no closer than a5mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport. 12. The operator will doa pre-check ofthe aircraft prior to each flight. 13. The operator will obtain verbal/written consent ofall persons involved with the planned operation, ensuring that only consenting persons be allowed within 100 feet ofthe flight operation. The radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required bythe U.S. Department of Transportation, under the FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.14. The PIC and VO will have been trained in operation of UAS and receive upto date information for the particular UAS tobe operated.15. The PIC and VO willbe able to communicate by voice and/or radio at all times. 16. The PIC will abide byall rules. 17. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return toa 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 ofthe operational area as defined bythe applicable COA must be reported tothe FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported tothe National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. 514 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 tobe utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan 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 ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. Inall cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate inthe restricted environment and under the conditions proposed willbeat 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 tobe operated hereunder isless than 55 lbs. fully loaded, carries neither apilot 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 andin compliance with local public safety requirements. These safety enhancements provide a greater degree of safety tothe 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 isno credible threat to national security posed bythe UAS, duetoits 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 ofthe 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 tothe

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. 614C.F.R.§ 45.23 (b). Marking ofthe 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 tothe 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 asthe UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering willbe impossible. The word "Experimental" will be placed onthe 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 onits fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (bThe 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. Itis believed that the operation and limitations set forth inthe FOM will

equate tothe safe operation ofthe UAS. 14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate acivil aircraft unless itisin airworthy condition. As there willbeno airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance

and useof 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 inthe Aircraft. Section 91.9 (b){2) provides: No person may operate aU.S. registered civil aircraft ...(2) For which an Airplane or Rotorcraft Flight Manual isnot required by§21.5ofthis chapter, unless there is available inthe 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 onthe aircraft, not only because there isno pilot on board, but because there isno room or capacity to carry such an item onthe aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control point where the pilot (flying the UAS) will have immediate access toit.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 notbe provided, for the aircraft, an exemption will be needed. 7The PIC will take all actions as stated inthe 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 acivil aircraft (except a manned free balloon) thatis 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 useofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls fora

number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither apilot nor passengers willbe carried inthe aircraft and bythe size and speed ofthe 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 tobe operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption isfor a UAS (that isa helicopter) and the exemption requests authority to operate at altitudes upto 400 AGL, ornot 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 thatin circumstances where the UAS is used to survey or photograph a

structure whose height exceeds 400 feet AGL, the UAS will notbe operated more than 200 feet above the highest point onthe structure. Itwill however be operated ina restricted area with security perimeter, where buildings and people will notbe exposed to operations without their pre-obtained consent. The equivalent level of safety willbe achieved given the size, weight, and speed ofthe UAS as well asthe location where itis operated. No flight willbe taken without the permission ofthe property owner or local officials. Because ofthe advance notice tothe property

owner and participants inthe 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 lackof flammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating ator below 500 AGL. In addition, the low altitude operations ofthe 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 toan altimeter thatisset"...tothe elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the UAS may not have a 8barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety willbe achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown onthe 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 inan airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fueltoflytothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly after that forat least 30 minutes; or(2)At night, tofly after that forat 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 ina 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 ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the UAS toits planned landing zone from anywhere inits 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 acivil

aircraft unless ithas within itthe following: (1)An appropriate and current airworthiness certificate, (b)No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a)ofthis section ora special flight authorization issued under §91. 715is displayed atthe cabin or cockpit entrance so thatitis legible to passengers or crew. The UAS fully loaded weighs well under the proposed 55lb limit andis operated without an onboard pilot. As such, there isno ability or place to carry certification and registration documents orto display them onthe UAS. An equivalent level of safety willbe achieved by keeping these documents atthe ground control point where the pilot flying the UAS will have immediate access to them, tothe extent they are applicable tothe 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 Eofthis part and shall, between required inspections, except as provided in paragraph (c)ofthis section, have discrepancies repaired as prescribed inpart 43ofthis 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 tothe applicant. Maintenance willbe accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level of safety willbe achieved because the UAS is very limited insize and will carry a small payload and 9operate only in restricted areas fora limited period of time. If mechanical issues arise the UAS can land immediately and willbe operating from no higher than 400

feet AGL. The operator will ensure that the UAS isin working order prior to initiating flight, perform required maintenance, and keep alogofany maintenance performed. Moreover, the operator isthe person most familiar with the aircraft and best suited to maintain the aircraft inan airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections willbe performed in accordance with the UAS Manufacturer's User Manual. As provided inthe FOM, andalink on last page, the operator will ensure that the UAS isin 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 333ofthe Reform Actof 2012, providing sufficient justification forthe granting of commercial operations ofthe applicant's UAS. The applicant, Paul David Preblich requests your respective approval ofthis Section 333 exemption petition request.

Thank you for your attention and consideration inthis matter. Please notify Paul David Preblich of your actions, andor approvals. Sincerely,**~"** 10176 Kimbro Circle S.

Cottage Grove, MN 55016 Ph. 651-247-3617Email: ppreblich@cadets.com 10Operators/Owners Manual Links : httQ://3drobotics.com/wp-content/uQioads/2015/07/v4 0707 15.QdfhttQ://download.djiinnovations.com/downloads/phantom 2/en/PHANTOM2 User Manual v1.4en. pdf http://download.dj_l.:_ innovations.com/downloads/Qhantom 3/en/Phantom 3 Professional User Man uaj v1.4 en 0915.Q.Qfhttp://download.djiinnovations.com/downloads/insQire 1 /en/lnsQire 1 User Manual v1.4 en.Qdf httQs ://3d robotics. com/wp-content/u Qloads/20 14/04/1 R IS-Operation-Manual- v6. ll