Thursday, October 15, 2015 Docket Operations, M-30 U.S. Department of Transportation (DOT) 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor Washington, DC 20590-0001
Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.109;119.121; 91.151(a); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam: I, Craig Kaplan, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Craig Kaplan, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Craig Kaplan, may op

erate a small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”) located in Southern California (specifically in Orange County and Los Angeles Counties) in accordance with FAA UAS Regulations & Policies. This exemption request is made based on information outlined in this petition, as well as the accompanying DJI Phantom Vision 2+ Operators Manual 1 and Personal Pro

tocols and Controls 2 . The DJI Phantom Vision 2+ UAS was selected because it has a proven capability for controlled flight as well as a gyro stabilized flight mode, GPS aided navigation, a compass, blinking LED’s on the bottom, a failsafe mode for re

turning home, and prop guards. These devices are offered for general sale around the world and have often been used as Model Aircraft in the USA. In addition, I, Craig Kaplan, have flown UAS’s and other Model Aircraft in a recreational capacity since 1974 and have adopted safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to video and photography usage as I, Craig Kaplan, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.I. Contact Information Craig Kaplan 32066 Mill Stream Road Trabuco Canyon, CA 92679 Phone: 805-441-4063 Email: chkaplan@yahoo.com

1 Appendix A – DJI Phantom 2 Vision+ Operator’s Manual 2 Appendix B – Personal Protocols and Controls Craig Kaplan – Section 333 Exemption Petition

II. Information regarding the Phantom 2 Vision+ UAS Specifically, the UAS is: An ultra lightweight battery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by DJI, Model Phantom 2 Vision+ and DJI Inspire, with the following equipment: An on-board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller; An integrated on-board camera capable of capturing imagery in the form of full color, high definition still photos and video; An on-board telemetry system that delivers flight data from the on-board flight com

puter to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site;A 600mW, 5.8GHz on-board radio transmitter that transmits live video from the onboard camera plus all the flight data from the telemetry system described above; The Ground Station Includes: A Pilot in Command (PIC) with FAA commercial and ATP ratings, in operational con

trol of a flight operation from beginning to end and who controls the UAS while in the air; A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAS while in flight; A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight; A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAS while in flight.III. Proposed Operations I, Craig Kaplan, intend to use UASs in two areas. First, I seek an exemption to per

form video filming and photographing by air for public and private use. Second, I will employ UAS’s to inspect land, residential commercial and industrial structures and property. Craig Kaplan – Section 333 Exemption Petition Specifically, I will use UASs which are equipped with cameras and sensors, in order to engage in the following commercial activities in Orange and Los Angeles Coun

ties: (a) Video filming by air and photographing for public and private purposes, including: television, cinematography, advertising or promotions. Filming and Photography will only be conducted with permission and under contract with registered owners or with any local government authority and only when safe to do so. (b) Video filming by air and photographing to support professional operations in engi

neering, land surveying and development, architecture, real estate and other related professional activities. Filming and Photography will only be conducted with permis

sion and under contract with registered owners or with any local government author

ity and only when safe to do so. (c) Inspection by air of infrastructure such as bridges, highways, photovoltaic power stations, and pipelines. These inspections will only be done under contract and per

mission with any registered owners or with any local government authority and only when safe to do so. (d) Inspection by air of land and residential, commercial and industrial structures, only under contract and permission with any registered owners or with any local gov

ernment authority and only when safe to do so. (e) Support provided to search and rescue operations and reconnaissance in cases of need, emergency or natural disasters only when government authorities have requested it by contract or donation and only when safe to do so. IV. Relevant Statutory Authority This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act") . Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAAAdministrator is to permit unmanned aircraft systems to operate in the National Air Space ("NAS") where it is safe to do so based on the following considerations: The UAS’s size, weight, speed and operational capability; Operation of the UAS in close proximity to airports and populated areas; and Operation of the UAS within the visual line of sight of the operator. Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator de

cides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defin

ing the Craig Kaplan – Section 333 Exemption Petition authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and§§ 44702-44716,et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). V. These Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act The proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and rele

vant factors are satisfied. VI. Approval is Warranted Based on the UAS Size, Weight, Speed, and Opera tional Capability I, Craig Kaplan, will employ the DJI Phantom Vision 2+ quadcopter and DJI Inspire for the operations specified in this Petition for exemption. The Phantom 2 Vision+ UASs have a maximum take-off weight of less than 5 pounds Flight speed will not exceed 15 miles per hour, and it will not be flown in controlled airspace or at an altitude that exceeds 300 feet AGL. All flights will be flown in such a manner that they can be safely terminated with a re

serve battery power of no less than 20% of the battery's maximum charge. The DJI Phantom 2 Vision+ UAS does not carry any flammable propellant or fuel. The Phantom 2 Vision+ UAS has an integrated GPS system that calculates the UAS’s position and height and relays that information via a secure connection to the operator. The Phantom 2 Vision+ UAS contain a failsafe mode if its connection to the remotecontrol is lost, and this system permits the UAS to return to a predetermined location and land without injury or damage. For additional safety, the Phantom 2 Vision+ will be retrofitted with prop guards. VII. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manual. DJI's operators manual 3 and the Personal Protocols and Controls 4 contain all of the procedures and limitations necessary to successfully perform the operations speci

fied in this Petition for Exemption.

3 Appendix A

4 Appendix B Craig Kaplan – Section 333 Exemption Petition
VIII. Public Interest The public interest will be served by granting Craig Kaplan a Petition for Exemption in Orange and Los Angeles Counties. Congress has established a national policy that favors early integration of UASs into the NAS in controlled, safe working envi

ronments such as those proposed in this Petition. In addition, the public also has an interest in reducing the hazards associated with alternate methods of conducting similar operations. Currently operations are conducted using teams that physically climb onto structures using ladders, using low flying helicopters or aircraft, are ex

tremely cost prohibitive or are simply not available by traditional means. By using UAS, exposure to physical hazards will be reduced by conducting the operation while remaining safely on the ground. Additionally, the intended uses of the Phantom 2 Vision+ and DJI Inspire UAS as out

lined in this document have identifiable safety benefits that include reducing the dan

ger and emissions associated with full size helicopters. UAS have no fuel to ignite or explode, no crew, add a greater degree of flexibility, supplement the current capabili

ties offered by manned aircraft, and public interest for a ground impact of a small lightweight UAS is further minimized from an ecological and safety standpoint.

IX. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.14 C.F.R. 91.7(a) I, Craig Kaplan, will ensure the UAS is in airworthy condition based on compliance with the Phantom 2 Vision+ and DJI Inspire operating documents prior to each flight. 14 C.F.R. § 91.121 Relief is requested considering the limited altitude of proposed operations. B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. I, Craig Kaplan, am a current ATP rated pilot with a first class medical and therefore fulfill all requirements as PIC. Certificate #2700744 D. 14 C.F.R. 91.119 (c): Minimum Safe Altitudes. 14 C.F.R. § 91.119 (c) I, Craig Kaplan, will ensure that all persons and objects not essential to flight operations must remain 500 feet away from operations. In addition to visual monitoring of the area, a traffic cone and warning sign 6 alerting persons in the area will be placed at the operation ground station. To protect objects and per

sonnel essential to flight operations the Phantom 2 Vision+ will be fitted with propel

ler guards and safety wire 7 to minimize potential hazards. E. 14 C.F.R. 91.151 (c): Fuel Requirements for Flight in VFR Conditions. 14 C.F.R. 91.151 (c), I, Craig Kaplan, will ensure that each individual flight will not begin unless there is enough power to fly to the first point of intended landing and land the UA with 30% battery power remaining. In addition, each individual flight will last no longer than 20 minutes, 5 minutes less than the manufacturer stated 25 min

utes of flight time. F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspec

tions. The above-cited Regulations require, amongst other things, aircraft owners and opera

tors to “have [the] aircraft inspected as prescribed in subpart E of this part and shall be

tween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Craig Kaplan’s, UAS. However, as a safety precaution I inspect my UAS per operating documents before and after each flight.5 Appendix C – Drake UAS Flight Logs

6 Appendix D – Warning Sign 7 Appendix E – Phantom 2 Prop Guard Attachment Instructions Craig Kaplan – Section 333 Exemption Petition
X. Conclusion This Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, prox

imity to airports and populated areas, operation within visual line of sight and national security. Additionally, the Petition provides more than adequate justification for the grant of the requested exemptions to permit Craig Kaplan to operate a Phantom Vi

sion 2+ Plus and DJI Inspire UAS in Orange and Los Angeles Counties for the opera

tions specified herein. Granting the exemption will benefit the public interest as a whole in several ways, including (1) significantly improving safety and reducing risk by alleviating human ex

posure to danger, and (2) improving the quality of services and decreasing operating costs compared with conventional flight operations. Very Respectfully, Craig Kaplan 32066 Mill Stream Road Trabuco Canyon, CA 92679 805-441-4063 chkaplan@yahoo.com