January 19, 2016 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
**RE: Petition of** 

### Kjell Redal **for Exemption Pu**  **rsuant to Section 333 of the FAA**  **Reform Act** Petitioner’s Name and Address: Kjell Redal 1151 Grant Street Bellingham, WA 98225 (720) 209

- 2994 kjell.redal@y ahoo.com Note: As my self, Kjell Redal, will be the sole operator of the aircraft for which I am petitioning, some of the language in this pet ition switches between referring to “him” and to “I”. Both of these refer to Kjell Redal. To whom it may

concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Kjell Redal , operator of a Small Unmanned Aircraft S ys tem (“sUAS ”) equipped to conduct aerial photography and videograph y, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commerc ial operation of his sUAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

Section 333.1 As described more full y below, the requested exemption would permit the operation of a small, unmanned and relatively inexpensive s UAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Kjell Redal to conduct commercial operations of sUASs meeting or exceeding all of the operational and safety r equirements Congress has set forth in Section 333. Kjell Redal is a freelance visual media specialist operating in Washington State for various companies and organizations. Kjell Redal plans to use the capabilities of his sUAS to offer a multitude of serv ices, including:

- Event Photograph y/ Videograph y

- News Photograph y/Videograph y

- Real Estate Photography /Videography- Aerial filmmaking and photograph y

- Corporate Business Promotions Videograph y and Photograph y Statutory Authorit y Section 333, titled “Special Rules for Certain Unmanned Aircraft Sy stems”, provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft Sy stems (UAS) operations in the National Airspace S ys tem (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required b y section 334 of this Act.” InSection 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.
The name and addr ess of the applicant are: Name: Kjell Redal Address: 1151 Grant Street Bellingham, WA 80303 Phone #: (720) 209

- 2994 kjell.redal@y ahoo.com 

### About Mr. **Redal** Redal is a Visual Journalism and History double major at Western Washington University . He has 15 y ears of remote

- controlled vehicle experience and 10 y ears of visual media experience. He attends The Inn, a college ministry , and also writes for various campus publications. Originall y from Colorado, he also enjoys spending his time outside and pursues various activities like skiing, hiking, and fl y - fishing. He has no criminal record and has never been convicted of a traffic violation other than a parking tic ket. Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R 45.29 14 C.F.R. 61.3 14 C.F.R 61.23 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b)(2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)14 C.F.R. 91.215

14 C.F.R. (91.401

- 91.417) sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the reduction of pers onnel needed to operate equipment, reduced noise levels and zero emissions into the environment. In addition to providing cost savings and having little to no impact on the environment, sUASs provide enhanced safet y. These factors are beneficial for, and i n the best interest of, the public. Accordingl y, the applicant respectfull y requests that the FAA grant the requested exemption without delay

. Petitioner is requesting an exemption to enable Kjell Redal to operate a DJ I Phantom 3 Professional sUAS that is unmodified and p reset to standard safe factory specifications. The sUAS has a built

- in capability to limit 1) the height it flies above the ground and 2) the radius of the distance it flies fro m the operator. The DJ I Phantom also has the failsafe function of the autopilot sy stem, which means, when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the sy stem wil l automatically trigger Return to Home and will land safel y. A pre

- flight inspection will be performed by the PIC in accordance with the factory instruction manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make sure that the compass, gy ro and acceleration values are within specs, positive GPS locks are secure, battery

health in each individual LiPo cells are balanced, and radio signals are locked in. The sUAS will be maintained in accordance with the manufacturer’s instr

uction manual and onl y manufacturer's authorized replacement parts will be used. 

### FCC Information
The DJ I Phantom ’ s transmitters used for controlling the sUAS c omplies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1 ) This device may not cause harmful interference, and (2) this device must accept an y interference received, including interference that may cause undesired operation. The DJ I Phantom ’ s radio transmitter used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. 

### Antenna Separation Distance When operating the DJ I Phantoms transmitter, the PI C will maint ain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations. Pilot in Command and Observer Qualifications and Duties The PI C (Kjell Redal) will maintain a curre nt State issued drivers license and keep adding to his 50+ hours of sUAS fl yi ng time to keep his fl yi ng skills sharp.

. The PI C is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation and inspection, in flight operation, post flight requirements, and all procedures including but not limited to:S a f e i n f l i gh t o p e r at i o n s R i s k e v a l u at i o n C ur r e nt w e ath e r c o n d i t i o n s f

o r s a f e f l i gh t The Observer must have the visual acuity to observe the sUAS and be able to communicate clearl y with the PI C. The Observers duties are: W ar n i n g th e P I C o f an y i mp e n d i n g o b s t a c l e s i n th e f l i gh t p ath o f th e s U A S

. W ar n i n g th e P I C o f an y d e v i at i o n s i n th e p l ann e d f l i gh t p ath o f th e s U A S

. W ar n i n g th e P I C s h o u l d an y un a uth o r i z e d p e r s o nn e l a

p p e ar i n th e ar e a o f th e p l ann e d flight. The Observer will have the authority to order the PI C to terminat e the flight should he feel the flight cannot be conducted safely

. 

### 14. CFR §61.23: Medical certificates: Requirement and duration Regulations provide that a person: (1) Must hold a first

- class medical certificate: • When exercising the pilot

- in

- command privileges of an airli ne transport pilot certificate; • When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or • When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising: • Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or • Privileges of a commercial pilot certificate Given the size of the UAV, its structure, the limited flight area, and the s afety features integrated in the autopilot (among others a flight termination system), Eric Stillwell believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's license. 

### 14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display o **f mark s; size of mark** **s** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. 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. Given the size of the UAVs, this requirement is impossible to match. 

### 14 C.F.R. § 61.3: Requirement **s for certificates, ratings and authorizations**  **14 C.F.R. § 61.113(a} & (b); 61.133(a }: Private P**  **ilot Privileges and Limitations; Pilot in**  **Command; Commercial Pilot Privileges and Limitations**  The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that

person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when th e aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Sub paragraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for co mpensation or hire. Given the safety features of the UAV, Eric Stillwell proposes that operators of the UAV should not be required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved by having an operator trained UAV manufacturer, and using the integrated features of the aircraft to maintain a high level of safety during the different missions. 

### General Operating Standards

- Kjell Redal will only

operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ys tem or the public."

- Before an operation of a sUAS within 5NM of an ai rport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAV will be operated. The sUAS will not be operated at an altitude of over 200 feet AGL. Weathe r minimums will be 3 miles visibility and a 1000

- foot ceiling.

- Before an operation of a sUAS within 5NM of a non

- tower controlled, airport operators will be notified and the PIC will give the right of way to avoid fl yi ng in the proximity of full

- scale aircraft. At no time will the sUAS be operated within the final approach course and the takeoff course of any runway . The sUAV will not be operated at an alt itude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000

- foot ceiling.

- Maximum flight time for each operational flight will be 18

- 20 minutes.

- Flights will be terminated at 30% battery power reserve should that occur prior to the 18

- 20 minute limit.

- The sUAV will not be operated at an altitude of more than 200 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

- Minimum crew for each operation will consist of the sUAS Pilot, and Visu al Observer.

- The sUAV operated b y the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).- The sUAS will operate at speeds of no more than 25 knots, can hover, and can

simultaneously move vertically and horizontally

.

- Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safet y requirements. The sUAS, powered b y batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. The sUAS operates at lower altitudes with no people on board and will thereb y reduce current risk levels, enhance safet y and diminish the likelihood of death or serious bodily inj ury . With a small payload and maximum flight time of onl y 25 minutes, this offers little or no risk to national security. Low

- level oblique photos and video from several angles are far more effective than ground based imagery

for displaying the characteris tics of large, complex properties with several buildings and large trees. The benefits of reduced cost and improved quality of presentation from the sUAS over manned aircraft will be valuable to and benefit man y buy e rs and sellers of real propert y and news services. sUAS operations will remain subject to all limitations cited below: (a) No flight will be made with a Gross weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PI C; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate b y voice at all times during a flight operation; (d) Operations will be restricted to fl ights over private property with the permission of the propert y owner; (e) All required permits will be obtained from state and local government prior to operation; (f) Kjell Redal will not be operated over densel y populated areas; (g) Kjell Redal will not be operating over an y open - air assembl y of people; (h) Kjell Redal will not be operating over heavily trafficked roads; (i) Kjell Redal will not be operating at night. 

### EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Kjell Redal requests an exemption f rom the following regulations as well as an y additional regulations that may technicall y appl y t o the operation of the sUAV Sy stem: **14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issuance both airworthiness certificates. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Sy stems, he requests an experimental certificat e be issued for the DJI Phantom 3 Professional under either or both of the following provisions: 21.191 Expe rimental certificates. Experimental certificates are issued for the following purposes:**(a) Research and development.**

Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing compliance with regulations.** Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of t yp e and supplemental ty pe certificates, flights to substantiate major desi gn changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations , and customer crew training, I would expect that an experimental certificate would permit my commercial purpose as we ll. The aircraft will not carry persons or propert y, will not carry fuel, and will only fl y under strict operational requirements. Combined with the UAS's light weight, being constructed primarily of carbon fiber and plastic, I propose that the UAS will be at least as safe, if not safer, than a conventionally

certificated aircraft per forming the same mission. I f an experimental airworthiness cert ificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous paragraph.
**14 CFR 9 1.7 Prohibits the Operation of an aircraft without an airworthiness**  **certificate.** As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 CFR 91.9 Civil aircraft flight manual, marking, and placa rd requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. I assume that the intent of thi s requirement is to ensure that flight manual information is available to the airc rew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight**  **tests** The regulation states that "No person may operate a civil aircraf

t that is being used for flight instruction unless that aircraft has full y functioning dual controls. The DJ I Phantom 3 Professional is n ot capable of duel/linked controls so Kjell Redal will be operating with a single remote controller.
**91.119 Minimum safe altitudes:** General. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the t ypicalmission of the sUAS would be photograph y or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over propert y or persons where permission has been obtained and careful preplanned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or prope rt y on the surface. Therefore I maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
**CFR 91.121 Altimeter settings.**  The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will alway s fl y below 200 feet AGL and will not need to maintain cru ising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held b y the PI C, providing a constantly upd ated AGL readout. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fl y to the first point of intended landing an d to fly after that for at least 30 minutes. Ithink the intention of this paragraph is to provide an energy reserve as a safety

buffer for delay s to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 2 5 minutes. Since the aircraft will never fly

more than 0.263 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy r equirement of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy ". **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally , subparagraph (b) provides that the airworthiness certificate be "display ed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47 pounds, the U AS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. As no such certificate will be applicable in the form contemplated b y the FARs, this Regulation is inapplicable. **14 CFR Subpart E (91.401**
**- 91.417)** 
**- Maintenance, Preventive Maintenance,**  **Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 r equire that the aircraft be "approved for return to service by a personauthorized under 43.7" after mainte nance and inspection. It is m y intention that I perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PI C is limited to repairing small cracks, r eplacing a propeller, checking electrical connections and updating software and firmware for the on

board computer. All other maintenance will be performed b y the manufacturer or their designated repair facility . The PI C will document work perform ed in acc ordance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PI C (my self) can ensure an equivalent level of safet y. 

### Safety and Benefits of the UAS Kjell Redal will be using the UAS in a variet y of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer more efficient and safer benefits over the use of full

- sized manned aircraft for aerial photograph y, film and still photograph y, newsgathering, real estate marketing and aerial videograph y. Replacing significantl y larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater marg in of safet y for the pilots and crew. By granting Kjell Redal ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. 

### Conclusion As pointed out in this application, the DJ I Phantom 3 Professional which I would use, under authorization by

the US DOT

- FAA, is a small, light

- weight device operated within the line of sight of the Pilot

- in

- Command (PI C), less than 200 feet above the ground a nd outside 5 miles from any

airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.