U.S. Department of Transportation

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Paul M. Slupski 256 Franklin Ave. Apt. 1A Maplewood, NJ 0704

July 30, 15

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

**Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal**  **Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 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) and (b); 14 CFR 91.40 5 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409**  **(a)(1) and (2); 14 CFR 91.417(a) and (b) Concerning commercial operation of DJI Phantom 2 Unmanned Aircraft System** 

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Paul M. Slupski , operator of Small Unmanned aircraft Systems, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of an sUAS, so long as such operations are

conducted within and und er the conditions outlined herein or as my be established by the FAA as required by Section 333.

Commercial operation sUAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture,

land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, cinematogra phy and news gathering

.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue operations

in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

5. The ability to offer training to persons individually or belonging to both private and/or public organizations that have in terests in the use and application of sUAS for the purpose of the safe operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

As described fully below, the requested exempti on would permit the operation of sUAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraf t. Approval of this exemption would thereby enhance safety and fulfill 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 .”U.S. Department of Transportation

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The name and address of the applicant is:

Attn: Paul Slupski Ph: (513) 375

- 5809

Email: slupski.video@gmail.com

Address: 256 Franklin Ave. Apt. 1A Maplewood, NJ 0704 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 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) & (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The sUAS’s I will be using are multi

- rotor craft weighing no more than 55lbs. including payload. Under normal conditions they ope rate at speeds of no more than 35 Mph or 30 Knots and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted person only obeying all other local and federal laws.

Given the small size of the sUAS and the controlled environment provide d the proposed operations will

adhere to the Reform Act’s 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 en vironmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

**AIRCRAFT AND E QUIVALENT 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 wh ich the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for ea ch operational flight will be 25 minutes. Flights will be terminated at 25% battery power reserve or 25 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more th an 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform fr om which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer (VO)

6. The sUAS pilot will be Paul Slupski ONLY not allowing any other person to operate the sU AS in a commercial capacity.

7. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight consisting of all the days’ production activities.

8. The operator will obtain verbal/w ritten consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determinati on, as required under the FOM. With the advanced permission or direction of the FSDO, operations at closer range may be approved.U.S. Department of Transportation

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9. The PIC and VO will have been trained in operation of sUAS and receive up

- to

- date information for the particular sUAS to be o perated and will be able to show upon request their competent ability to operate the sUAS and/or Camera.

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission and permits will be obtained f rom territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when

needed.

12. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return

to a pre

- determ ined location within a designated location and land autonomously.

13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

**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 ut ilized 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 auth o rize 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 sUAS. In all cases, an analysis o f these criteria demonstrates that the sUAS 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 sUAS 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

req uirements. 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 cr iteria demonstrates that there is no credible threat to national security posed by the sUAS, 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 lo ad.

**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 provisiona lly

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," "experim ental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45. 29 (f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.”

**14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.** Pursuant to 14 CFR 61.113 (a), no person who ho lds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113( a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limi tations set forth in the FOM will equate to the safe operation of the sUAS.U.S. Department of Transportation

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**14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is i n airworthy condition. As

there will be no airw orthiness 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 equiva lent 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 sUAS, given its size and configur ation 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 k eeping the flight manual at the ground control point where the pilot flying the sUAS 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. The PIC will take all actions including reviewing weather, flight battery requirements, landing

and takeoff distances and aircr aft 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 man ned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS 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. T he 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 provided by the fact that 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 91.1 19 (d) allows helicopters

to be operated at less t han 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 sUAS that is a helicopter and the exemption requests authority to operate at al titudes 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 sUAS will never operate at higher than 400 AGL with the exception that

in ci rcumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' 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 preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight wil l 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 f light operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operatin g at or below 500 AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these

small

- 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 sUAS may not have a 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 toU.S. Department of Transportation

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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 airpl ane under VFR conditions

unless (consi dering 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 battery powering th e sUAS provides approximately 25 minutes of powered flight. To meet the 25 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not enge nder the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believe s that an equivalent level of safety can be ac hieved by limiting flights to

25 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limite d 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 foll owing: (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 displ ayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certification and registration do cuments or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the

sUAS

.

**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 airc raft inspected as prescribed

in subpart E of this part and shall between required i nspections, 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 section and Part 43 ap ply 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 be cause these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL . The operator will ensure that the sUAS 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 main tain 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 sUAS Manufacturer's Manual, as referenced i n the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the sUAS is in working order prior to initiating flight and perform required maintenance needed.U.S. Department of Transportation

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**sUAS Information**

sUAS’s to be used are as follows but not limit ed to providing they are within the scope of the exemption granted by the FAA:

DJI Phantom 2

• Supported Battery

– DJI 5200mAH LiPo Battery

• Battery Weight: 1000g (2.2lbs)

• Hover Accuracy (RTF): Vertical: .8m; Horizontal: 2.5m

• Max Yaw Angular Velocity

- 200 0 /s

• Max Tilt Angel

- 35 0

• Max Ascent Speed

– 6m/s

• Max Descent Speed

– 2m/s

• Max Flight Speed

– 15m/s (NOT RECOMMENDED)

a. DJI Gimbal

• Working Current

– Static: 750mA; Dynamic: 900mA

• Control Accuracy

- ±0.03 0

• Controllable Range

– Pitch:

- 90 0

- 0 0

• Maximum Angular Spe ed

– Pitch: 90 0 /s

b. GoPro Hero 4 Camera

• Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

• Effective Pixels

– 12MP

• Resolution

– 3840x2160

• HD Video Recording

– 4K

•
c. DJI Transmitter

• Operating Frequency

– 2.4GHz ISM

• Communication Distance (unobstructed)

– FCC Compliance: 800m

• R eceiver Sensitivity (1%PER)

-- 97 dBm

• Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V

**Conclusion**

The use of sUAS’s provide many benefits to the general public, such as: decreased noise pollution when near the public, Decreased air traffic congestion at airports and provides a more affordable and reasonable alternative to current options available to the consumer. As for safety, Small Unmanned Aerial Systems do

not car ry people or property so it provides less of a chance of injury in the case of an accident and because of the size and weight of manned aircraft the ground casualties can be far less or nonexistent in the case of

a downed sUAS vs a manned aircraft.

Thank you for the consideration of these exemptions.

Sincerely,

Paul M. Slupski