Calvin Nemec

140 Jewett Holmwood

East Aur ora, NY 14052
7169498451

C nemec6 5@gmail.com

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

Re: Exemption Request under Section 333 of the FA A Reform Act of 2012 and Part 11 of

the FAA Regulations a nd certain parts of the F AR ’ s

Dear Sir or Madam:

Request:

In order to provide safe an d environmentally

- f riendly aerial videography and photography for and public business interests, I, Calvin Nemec , pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 ("FRMA"), w ould like to formally submit for exemptions from the foll owing Section 333 regulations:

• 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) and (b) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.119(c)

• 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a)(l)

• 14 C. F .R. 91.203 (a) and (b)
• 14 C.F

. R. 91.405(a) • 14 C.F.R. 91.407(a)(l)

• 1 4 C.F.R. 91.409(a)(l) and (2)

• 14 C. F .R. 91.417(a) and (b)

I am requesting these exemptions so that I may saf ely operate the DJI Phantom 3 Professional UAS commercially along the guidelines of the accompanying operator's manual a s well as F AA guidelines for U AS flight an d safety guidelines set by the Academy of Model Aeronautics (AMA).

Proposed UAS and O perations:

The DJI Phantom 3 Professional weighs less than thre e pounds, will always be flown under 400 feet limited via software by its GPS and barom etric sensors, is electrically powered by a lithium ion battery, carries no combust ible fuel or crew, and will be transported in proper storage to andfrom all flight areas (in accordance with FAA guidelines). The aforementioned proposed

exemptions would allow me to operate the DJI Phantom 3 Professional UAS for commercial

purp oses of aerial videography and photography as a service to public and business int erests, including: real

- es tate photography and videography, wedding and priv ate individual photography

and videography, public and commercial photography and videography, and agricultural photography and videography. The pursuant has over a decade of experience developing media content for a variety of clients in both the commercial and nonprofit sectors.

As evidenced by recent Exemption Nos. 12045 and 12 058, the FAA recently approved similar
use of the DJI Phantom 3 Professional UAS. The se particular UAS have been proven reliable and safe flying machines managed by gyr oscopically

- stabilized flight, ground detection, GPS

aided navigation, a built

- in c ompass, blinking LED lights, a manual and automatic failsafe

"Return To Home" mode for returning to the point of takeoff, and propeller guards in order to protect both the U AS and the environment. This particular model combines state

- of

- the

- art, proven technology with high quality manufacturing and user

- friendly control to ensure safe operation and easy maintenance and care.

Specific section(s) of 14 CFR which I seek relief an d the reason(s) I seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and l imited operating area associated w ith the UAS to be utilized, an exemption from Part 21 meets the requirements of an eq uivalent level of safety under Part 11 and Section

333 of the Reform Act. As evidenc ed in Exemption No. 12045, "in all cases, an an alysis of these

criteria demonstrates th at the UAS operated without an airworthiness certificate, in the restricted

environment and under the conditions proposed will be at least as safe, or safer, than
conventional aircraft o perating with an airworthiness certificate without restrict ions and conditions proposed."

14 C.F.R. 45 .23: Display of marks: general

Because the DJI Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. However, in ef forts to comply with the above regulation and those set by the Academy of Model A er onautics (AMA), I will affix a small label to the external hull of the UAS

indicatin g my name, address, and my AMA Member Number.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Under § 61.113 (a) and (b), certified private pilot s are limited to noncommercial operations. However, I am able to achieve an equivalent l evel of safety through current FAA regulations of UAS operation and AMA safety guide lines (outlined in the summary of this document) without

such a certification because of the above mentioned safety features of the DJI Phantom 3. According to Exempt ion No. 12045 in which the DJI Phantom 3 Professional was authorized for similar oper ation, "The FAA has previously declared that additional manned airship experience

of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 1106 2 and 11138." Therefore, bearing any pilot certification or license will notensure remote piloting skills of a UAS; the risks of operating this UAS are far less than the risk

levels inherent in commercial activities with traditional aircraft given t he DJI Phantom's safety features and the limited range and speed of the UAS. The FAA has approved a similar exemption
to the above rule as evi denced in Exemption No. 12058.

14 C.F.R 91.7 : Civil aircraft airworthiness

Currently there is no certifica te applicable to this UAS, and therefore it will be up to myself,

Calvin Nemec , to determine the airworthiness of t he DJI Phantom 3 in accordance with its official operating manual. Written and signed pre and post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS locks as indicat ed by the DJI Phantom's display of "Saf e to Fly" message will be performed before and after each flight, accurate records of which will be kept with the UA S's storage and transportation system at all times. These records will be dated

and will in clude the total flight time of each flight.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, mark ing, and placard requirements

As evidenced in Exemption 12045, since there are "no pilo ts or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safet y/flight manual with the operator." I n addition to the official safety/flight manual provided by DJI u pon purchase of the Phantom 3, following the AMA guidelines for safe flight operatio ns and the FAA regulations for UAS operations will ensure a high level of safety.

14 C.F.R. 91. 119(c): Minimum safe altitudes

I, Calvin Nemec will ensure that the UAS does not opera te any higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part of the pre

- fli ght inspection. I will not fly over congested areas or directly above unprotected people o r moving vehicles. I will plan operations before hand for proper flight safety and proper height ana lysis a s to avoid collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of

which will be fed to my tablet device in real time as I operate the UAS.

14 C.F.R. 91.121: Altimeter se ttings

The DJI Phantom 3 utilizes the latest GPS/GLO NASS technologies as well as a barometric sensor with live data output to the tablet device a ttached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achiev ed by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirement s for flight in VFR conditions

The DJI Phantom 3 is electrically

- powered by lithium i on batteries which are made by DJI specifically for this particular UAS. They are rated as providing no lon ger than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently impossib le to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil air craft: Certifications required

Currently, there are no procedures for providing airw orthiness certificates for the mentioned UAS. I, Calvin Nemec , however will alwa ys fly safely while having the manuals of the DJI Phantom 3 and abiding by FAA reg ulations for UAS operation and AMA saf ety guidelines.14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after

maintenance, preventive maintenance, rebuilding, or alte ration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be gran ted since they apply to aircraft with an airworthiness certificate. However I, Calvin Nemec , will perform both preflight and post

flight inspections of the UAS before and after each fli ght as outlined in the operating documents. I, Calvin Nemec , will also follo w manufacturer recommendations from said operating documents and keep a written record of any maintenance done to the UAS.

Publ ic Interest and Public Safety:

Aerial photography and videography provided t o the public allows for a more cost

- effective, safe, and environmentally

- friendly method to capturing imagery than its alternative: manned aircraft and helicopters. The latte r are expensive to ope rate and maintain, create a high level of noise, and are much more hazardous due to size and combustible fuel

- especially if flown at low

altitudes re quired for some operations. I, Calvin Nemec , in addition to using my UAS for commercial endeavors, will also gla dly offer my services free of charge upon request and with

prope r coordination to any official search and rescue or emergency services organization to benefit the public. Because of this, an increase of commercial activity and a gaining of more

detai led understanding of private and/or farm land would help local and area commu nities by: reducing pollution, risk, and operating costs by alternative aerial video an d photography services

such as manned airplanes and helicopters, reducing carbon emiss ions and traffic congestion by vehicles looking to view properties such as real

- est ate o r farm land, and increase visibility to local attractions thereby bolsteri ng local commerce and tourism.

Given that there is no fuel and no crew on this UAS, tha t it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate danger to the environment , wildlife, infrastructure or people. DJI has built in a "No Fly Zone" for major cities and points of interest that have registered as a "do not fly zone." Ope ration of the Phantom 3 cannot happen in these locations, as any flight capabilities become s blocked by the UAS itself if within range and the operator is
notified. Given its GPS an d ground

- sensing capabilities, a failsafe "Return To Home" mode will safely return the cra ft to the operator at the push of a single button or automatically whe n the

craft is ei ther low on power or operating outside of its transmitter's range. This ensures that the

cra ft will not remain airborne in unsafe conditio ns and pose any public danger.

Summary

I, Calvin Nemec , am seeking exemption from the following rules: 14 C.F .R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 1 4 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 1 4 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 9 1 .409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the mentione d rules I, Calvin Nemec , will be seeking to make my UAS photography/videography se rvices available to public and c ommercial interests. The FAA has

authorized similar o perations under Exemption Nos. 12045 and 12053. Alternatively, public and

commercial i nterests had previously sought the use of manned aircraft to achieve what I canoffer in a safer, more cost

- effic ient and environmentally

- friendly manner by not using

combustible fu el, flying at safe heights and strictly following the usage recommendations from DJI and safety procedures by the Academy of Model Aeronautics. These include but are not

limited to:

• Flying the DJI Phantom 3 safely in accorda nce with its operator's manual • Maintaining active and full membership in th e Academy of Model Aeronautics (AMA), which provides' a high level of insurance and tra ining programs to its members. • Always flying below 400 feet, using the DJI Phantom's al titude limiter to ensure this. • Completing thorough inspection of UAS before and after flights and keeping inspection

recor ds with the craft at all times

• Keeping the UAS within a visual line of sight (VLOS) at all times when in operation • Using a n observer to assist if needed • Remaining safely clear of and do not interfere w ith manned aircraft operations • Not flying directly over unprotected persons or moving vehicle s • Not flying within 5 miles of an airport or control tower • Not flying in adverse weather conditions such as high winds , rain, or impaired visibility • Not flying under the influence of alcohol or drugs • Ensuring the operating environment is sa fe • Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc. • Checking and following all local laws and ordinan ces before flying over private
property • Not conducting surveillance or photographing pers ons in areas where there is an expectation of privacy witho u t the individual's permission.

In addition to these above general standards, I, Calvin Nemec , will follow and abide by the following AMA safet y guidelines:

A. [DEFINITION]: A "model aircraft" is a non

- huma n

- carrying aircraft capable of sustained flight in the atmosphere. [This includes U AS such as the Dll Phantom 3].

1. Mod el aircraft will not be flown: (a) In a careless or reckless mann er. (b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will: (a) Yield the right of way to all human

- carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA

Docum ent #540

- D.) (c) Not fly higher than approximately 400 feet above ground level or within five miles of an airport. (d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane

base. (e) Not exceed a take off weight, including fue l, of 55 pounds. (AMA Document 520

- A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the
owner on the inside or affixed to the outside of the model aircraft.(g) Not op erate aircraft with metal

- blade propellers or with gaseous boosts (AMA

Document #555.) (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pilot's ability to safely control the model. (i) Not operate model aircraft carrying pyrotechnic devices that explode or bum, or any device which propels a projectile or d rops any object that creates a hazard to persons or
property. (j ) Not operate a turbine

- powered aircraft, unless in compliance with the AMA turbine regul ations. (AMA Document #510

- A.)

3. Model aircraft will not be flown in AMA sanctio ned events, air shows or model
demonstrations unless: (a) The aircraft, contr ol system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by an experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNEL L or NOCSAE approved or comply with comparable standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotecte d people, ves sels, vehicles or structures
and shall avoi d endangerment of life and property of others.

2. A successful radio equipment ground

- range check in accordance with manufacturer's recommendations will be completed befor e the first flight of a new or repaired model aircraft.

3. At all flying sites a safety line(s) must be established in f ront of which all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio

- control frequ e ncies currently allowed by the Federal Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre

- existing flying site without a frequency

- management agre ement. (AMA Documents #922 and #923.)

6. With the exception of events flown under officia l AMA Competition Regulations, excluding takeoff and landing, no power ed model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline.7. Under no circumstances may a pilot or other person touc h an outdoor model aircraft in flight

while it is still under power, except to divert it from striking an individual.

9. The pilot of an RC model aircraft shall: (a) Mai ntain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot. ( b ) Fly using the assistance of autopilot o r stabilization system only in accordance with the procedures outlined in AMA Document #560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators a nd automobile p arking when the model

aircraft is launched.

2. Launch area must be clear of all individuals except m echanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to any above

- ground electric utility lines.

5. The flying area must be clear of all nonessential particip ants and spectators before the engine
is started.

I thank you for your time and effort in processing th is request and look forward to cooperating
with the FAA in its continued com mitment for the safe operation of UAS.

Sincerely,

Calvin Nemec

140 Jewett Holmwood Road East Aurora, NY 14052

C nemec6 5 @gmail.com

716

- 949

- 8451