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. Thisairspace 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.comREGULATIONS 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).