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 operate 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 Manual1 and Personal Protocols and Controls2. 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 returning 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 computer 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 control 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 perform 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 Counties:

(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 engineering, land surveying and development, architecture, real estate and other related 

professional activities. 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.

(c) Inspection by air of infrastructure such as bridges, highways, photovoltaic power 

stations, and pipelines. These inspections will only be done under contract and permission 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 government 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 FAA 
Administrator 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 decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining 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 relevant factors are satisfied.

VI. Approval is Warranted Based on the UAS Size, Weight, Speed, and Operational 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 reserve 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 remote 
control 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 manual3 and the Personal Protocols and Controls4 contain all of the 

procedures and limitations necessary to successfully perform the operations specified 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 environments 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 extremely 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 outlined in this document have identifiable safety benefits that include reducing the danger 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 capabilities 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 sign6 alerting persons in 

the area will be placed at the operation ground station. To protect objects and personnel essential to flight operations the Phantom 2 Vision+ will be fitted with propeller guards and safety wire7 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 minutes of flight time.

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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.

. . .”

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, proximity 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 Vision 2+ Plus and DJI Inspire UAS in Orange and Los Angeles Counties for the operations 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 exposure 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