RogerConatser 

309 W. Berkley Ave. 

Muncie, IN. 47304 

765 / 760-3095 

theislandmuncie@gmail.com 

September 14, 2015 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Exemption Pursuant to Section 333 

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) &(b); 13 C.F.R. 61.133(a); 91.7 (a);91.9 (b) 

(201.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) &(b);91.405 (a); 91.407(a) (1); 91.409 (a) 

(2);91.417 (a) & (b). 

Dear Sir(s)/Madam(s): 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Roger Conatser, the operator of a DJI Phantom 3 Advanced ("UA"), seeks an exemption from 

the Federal Aviation Regulations ("FARs") as listed and discussed below. 

Roger Conatser has flown its UAs, for recreational purposes, for hours without incident. Our UAs is 

equipped to take aerial videography and photography to enhance awareness for those individuals and 

companies unfamiliar with the geographical layout of certain areas and augment real estate listings and 

promote the use of certain real estate properties which provides an enhancement to academic research 

being performed in certain geographical areas, as well as public cultural and private events ("purpose"). 

This exemption request for Roger Conatser will permit the operation of comparatively inexpensive UAs 

in tightly controlled, predetermined and limited airspace. This 
airspace will include areas away from general public, airports, heliports and vehicular traffic for 

community videos, and within property boundaries for real estate listing videos and photos. 

The use of Roger Conatser UAs for these purposes above reduces the need to operate conventional 

aircraft, typically needed to perform these types of operations, provides an economic benefit to the 

business consumer as our UAs provides higher quality imagery at a fraction of the cost of aerial 

videography and photography using conventional aircraft. These savings result in not only enhanced 

efficiency and productivity for the affected activities but added environmental and safety benefits to the 

public at large in Central Indiana. 

As described more fully below, Roger Conatser requested exemption would authorize commercial 

operations of aerial videography and photography, using our UAs, which will be operated under 

controlled conditions at an altitude of no greater than four hundred (400) feet AGL in airspace that is 

limited in scope and will have automated control features including failsafe's like Geo fencing not 

allowing for the UAs to fly outside set scope boundaries and a Return to home feature when it is low on 

battery (25%). As outlined below, the airspace in which Roger Conatser UAs will operate within will be 

disclosed to the FAA in advance to flight operation, when required. Finally, Roger Conatser UAs will be 

used in lieu of comparativeiy hazardous operations now conducted with fixed wing and rotary 

conventional aircraft which should reassure the FAA that these operations will achieve at least an 

equivalent level or greater level of safety. In addition an automatically deployed parachute system will 

be added to the DJI Phantom 3 in November, 2015. 

Having 30 plus years of aerial photography experience, I do understand the need for safety, checklist, 

procedures and accountability. 

Photographs and videos produced help to promote our community in both image and business related 

aspects. Educational benefits are also an added feature. Ball State University holds a 20 year collection 

of Roger Conatser produced aerial images. 

As discussed above and more fully described below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive UAs under controlled conditions in airspace 

that is limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill 

the Administrator responsibilities to " _ establish requirements for the safe operation of such aircraft 

systems in the national airspace system_" Please see Section 333(c) of the Reform Act. 

The name and address of the applicant 

Roger Conatser 

309 W. Berkley Ave. 

Muncie, IN. 47304 

765 / 760-3095 

theislandmuncie@gmail.com 
REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

14 C.F.R. Part 2114 C.F.R. 45.23(b) 

14 C.F.R. 61.113(a) & (b) 

13 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. 91.103 

14 C. F. R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.405(a) 

14 C.F.R. 91.407(a)(1) 

14 C.F.R. 91.409(a)(2) 

14 C.F.R. 91.417(a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UAs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 
• The UA'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 visual line of sight ("VLOS") of the operator. 

Reform Act§ 333 (a). 

Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. §333(c) (emphasis added). 1 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act; 

that includes UAs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1). 

Roger Conatser UAs are rotorcraft weighing 1280 g including energy source(s), equipment and any 

payload. They operate, under normal conditions at a ground speed of no more than thirty (30) knots and 

have the capabi{ity to hover, and move in the vertical and horizontal plane simultaneously. The UAs will 

operate only in line of sight and within safe. Such operations will insure that the UA will "not create a 

hazard to users of the national airspace system or the public."3 

Given the small size of the UAs involved and the restricted environment within which they will operate, 

Roger Conatser falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UAs to commence 

immediately. Also due to the size of the UAs and the restricted areas in which the relevant UAs will 

operate, approval of the application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UAs for aerial videography and photography operations, the grant of the requested 

exemptions is in the public interest. Additionally, there is economic efficiency created with the use of 

Roger Conatser UAs as the typical cost to perform aeria) videography and photography with helicopters 

and airplanes heavily multiplies the cost to business consumers and government agencies, including law 

enforcement, for the services which are to be provided by 
THE EXTENT AND BASIS OF THE RELIEF SOUGHT BY Roeer Conatser 

Roger Conatser submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating that presently prevents Roger Conatser from 

contemplated commercial video-graphic, photographic and other flight operations within the national 

airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft 

systems into our national airspace system as it is in the public's interest to do so. Roger Conatser UAs 

meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration 

of Roger Conatser ultralight weight UAs is expressly contemplated by the Reform Act. Roger Conatser 

would like to operate its ultralight weight U As prior to the time period by which the Reform Act requires 

the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable 

information for formal regulation that can be administered uniformly to all real estate related UA aerial 

videography and photography. The Reform Act guides the Administrator in determining the types of UAs 

that may operate safely in our national airspace system. These considerations include: weight, size, 

speed and overall capabilities of the UAs; whether the UAs will be operated near airports or heavily 

populated areas and; whether the UAs will be operated by line of sight. Each of these items is favorable 

to the grant of an exemption to Roger Conatser. Roger Conatser UAs utilize four (4) counter-rotating 

propellers for balance, control and stability. Roger Conatser UAs are equipped with GPS barometer and 

auto return safety technology. Roger Conatser UAs weigh less than five (5) pounds including camera and 

gimbal assembly. 

4112 P.L. 95 § 333 (a). Roger Conatser puts safety first when considering any UA flight. Roger Conatser 

small UAs are designed to hover in place via GPS and operate in (ess than a 24 knot (27 mph) wind. In 

order to increase safety plus stability and limit harm and financial loss of property, Roger Conatser will 

not fly its UAs in winds exceeding 15 knots (17 mph). Roger Conatser established safety systems include 

a GPS mode that allows its UAs to hover in place when radio controis are released. When pilot 

communication is lost, Roger Conatser UAs are designed to return then slowly descend to the point of 

takeoff. Roger Conatser does not operate its UAs near airports or hospitals. Roger Conatser pilots and 

observers are constantly on alert for any manned aircraft and prepared to immediately abort and land 

the U A at the nearest and safest ground point in the event a manned aircraft approaches or the UAV 

Roger Conatser pilot or observer suspects a manned aircraft may approach the operating area of a UAV . 

Roger Conatser UAs are capable of vertical and horizontal operations, and are flown only within my line 

of sight of the pilot. Roger Conatser UA flights generally last twenty (20) minutes with an altitude under 

four hundred (400) and utilize battery power rather than combustible fuels. 
does not operate its UAs below the manufacturer's recommended minimum charge levels for operation 

preferring to remain well within a safe operating range to insure adequate communication between 

radio control and the UAs to eliminate potential for crashes, loss of control or hazard. Fully charged 

reserve batteries are on hand with to insure replacement for a sufficiently safe level of operation. Roger 

Conatser operates very conservatively and does not believe in taking risks that may cause a crash or that 

could create hazard to the public, property and manned aircraft. Roger Conatser pilots have logged 

numerous practice flights in order to simulate flights for future commercial use to gain familiarization 

with the characteristics of this specific UA's performance under different temperature and weather 

conditions. 

Roger Conatser is extremely cautious when operating of its UAs and will not "create a hazard to users of 

the national airspace system or the public. Given the small size and weight of Roger Conatser UAs, they 

fall well within Congress's contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAs into the national airspace system Roger Conatser UAs, utilized 

in hobby flight, has a demonstrable safety record and do not pose any threat to the general public or 

national security. 

ROGER CONATSER REQUEST WILL BENEFIT THE PUBLIC AT LARGE 

Aerial videography and photography for geographical awareness and for real estate marketing and 

promotion has been around for a long time through the use of manned fixed wing aircraft and 

helicopters. The challenge for smaller real estate companies and average landowners is that the expense 

related to manned videography and photography is cost prohibitive. Typically, only large businesses, 

large high end real estate companies and high net worth landowners are able to absorb such an 

enormous expense. This deprives non-luxury landowners and small revenue real estate companies from 

the enjoying the benefit of this valuable marketing and promotional tool. Manned aircraft pose a clear 

threat to the general public through potential catastrophic crashes that may occur. There are many 

documented events where a manned aircraft has crashed into populated areas with the size and 

combustibility of these manned aircraft causing large property damage, human injuries and loss of life. 

Roger Conatser UAs pose no such threat since size and lack of combustible fuel alleviates any of these 

potential threats to the public. An added level of safety will be the automatically deployed parachute 

system. 

With the passage of the Reform Act, Congress has already proclaimed that it is in the public's interest to 

integrate commercially flown UAs into the national airspace system. The grant of the exemption request 

by Roger Conatser furthers the public interest through academic and visual awareness of the 

geographical benefits of certain areas and by making this cost effective alternative available to small real 

estate companies and the average landowner. Roger Conatser UAs are battery powered and create no 

emissions that may harm the environment. In the unlikely event of a Roger Conatser UA crash, the 

consequence is far less than a full size helicopter or fixed wing aircraft, which are heavy and contain 

combustible fuel, crashing and causing catastrophic devastation to the public. 
The public's interest is furthered as Roger Conatser UAs minimizes ecological and crash threat by 

permitting aerial videography and photography captured through Roger Conatser battery operated 

ultralight UA's. Permitting Roger Conatser to immediately fly within national air space furthers not only 

public safety but economic growth. 

Granting Roger Conatser exemption request substantially furthers the economic impact for any 

community and for companies looking to relocate or build in a certain community as well as individuals 

looking to refocate to a community for career advancement through academic and geographical 

awareness provided by Roger Conatser. In the end, the granting of this exemption to Roger Conatser will 

serve as a benefit and stimulus to any community. 

ROGER CONATSER'S EXEMPTION WILL NOT ADVERSELY AFFECT SAFETY AND WILL PROVIDE A LEVEL OF 

SAFETY AT LEAST EQUAL TO EXISTING FAA STANDARDS 

Roger Conatser's exemption will not adversely affect safety, as it will in fact enhance safety. Roger 

Conatser's ability to log significant, controlled and monitored flight time in FAA controlled airspace will 

allow Roger Conatser to contribute to the innovation and implementation of new, novel and 

undiscovered safety protocols for realtors that may be embraced by the NAR2 through consistent and 

ongoing cooperation with the FAA. Additionally, the FAA may utilize the new safety protocols for the use 

of UAs in FAA controlled airspace for all industries. 

Roger Conatser submits the following representations of enhancements to current aerial videography 

and photography: 

• Roger Conatser UAs weigh less than 5 pounds at (1280 g) complete with the camera and gimbal 

assembly; 

• Roger Conatser will only operate its UAs below four hundred (400) feet which is well within the four 

hundred (400) feet ceiling having been established by the Reform Act of2012;. Roger Conatser UAs only 

operate for twenty (20) minutes per flight; 

• Roger Conatser lands its UAs prior to manufacturer's recommended minimum level of battery power; 

Roger Conatser pilots operate the UAs through Visual Line of Sight only; 

• Roger Conatser UAs have a GPS flight safety feature whereby the UA hovers and then slowly lands if 

communication with the pilot is lost; 

Roger Conatser actively analyzes its flight data and other sources of Information to constantly update 

and enhance its safety protocols; 
• Roger Conatser only operates in reasonably safe environments which are strictly controlled and away 

from power lines, elevated lights, airports and actively populated areas; 

• Roger Conatser conducts extensive pre-flight inspections and protocol to ensure safety remains the 

primary concern; 

• Roger Conatser always obtains all necessary permissions from the FAA and landowners, when 

required, prior to the operation its UAs and; 

• Roger Conatser has established safety procedures in place to abort fiights in the event of safety 

breaches or any potential danger. 

Roger Conatser safety protocols provide a level of safety equal to or exceeding existing FAA rules. It is 

important to note that absent the integration of commercial UAs into our national airspace system, 

manned fixed wing airplanes and helicopters are the primary means of aerial videography and 

photography for community awareness and real estate uses. While the safety record of such helicopters 

is outstanding, there have been incidents involving loss of life as well as extensive property damage due 

to crashes of these manned aircraft and it is far safer and fess expensive to operate a battery powered 

Roger Conatser UAs to accomplish the same task. The potential for loss of life is greatly diminished with 

a UA as Roger Conatser UAs carry no people or fuel on board and the UAs are also very small and 

versatile which allows Roger Conatser to avoid hazards quickly and safely. 

Accordingly, Roger Conatser respectfully requests that the FAA grant the requested exemption without 

delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Roger Conatser proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current reguiatory structure 

because the proposed operations represent a safety enhancement to the operations conducted with 

conventional aircraft. The FAA has noted in past exemptions that "Conventional aerial video operations, 

using jet or piston-powered aircraft present risks associated with aircraft that weigh in the 

neighborhood of 5,000 to 7,000 pounds or more, carry large quantities of fuel, passengers, and, in some 

cases, cargo. Such aircraft must fly to and from the survey location. Please see FAA Exemption 11110 

These limitations and conditions to which Roger Conatser agrees to be bound when conducting all 

operations under an FAA issued exemption include: 

1. The UAs will weigh less than five (5) pounds at (1280 g).