Daniel Schwindt McPherson Aerial Photography 1107 N Walnut St McPherson, KS 67460 September 

### 22, 2015 U
.S
. Department of Transportation Docket Management System 1200 New Jersey Ave
., SE Washington DC 20590 Re: 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 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1} and (2) ; 14 CFR 91.417(a} and (b) To whom it may concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11 , Daniel Schwindt, owner of McPherson Aerial Photography, hereby applies for an exemption from the listed Federal Aviation Regu lations to allow commercial operation of a small UAS, 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, for all operators of small Unmanned Aerial Systems (UAS) working for McPherson Aerial Photography
. Commercial operation small UAS, as described herein, wh ich 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. Ae ri al video and/or photography for public and/or private use including television, public events, and cinematography

. 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 authorit ies or government has requested it by contract or donation. As described fully below, the requested exemption would permit the operation of small UAS under controlled conditions in the NAS that would be a} limited b) controlled c) predetermined and d) will provide safety enhancements to the al ready safe operations in the industry presently using conventional aircraft
. 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." The name, phone, email and address of the applicant: Name: Daniel Schwindt, owner of McPherson Aerial PhotographyPhone : 620-755-8832 Email: daniel.schwindt@gmail.com Address : 1107 N Walnut St McPherson , KS 67460 Regulations from which the exemption is requested : 14 CF R 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 CF R91.109 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 CF R91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a} & (b) The small UAS' s I will be using are mult i-rotor craft weighing no more than 551bs including payload. Under normal conditions they ope rate at speeds of no more than 45 mph or 39 knots and have the abil ity to hover and move along a vertica l and horizontal plane si mu ltaneously. They wi ll operate i n line of sight on ly and by the exempted personson ly obeying all other local and federal laws. Given the small size ofthe small UAS and the controlled environment provided 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 environmental impacts, including but not li mited to reduced emissions and noise, t he grant of the requested exem pt ion is in the publ ic interest
. Accord ingly the applicant requests that the FAA grant the requested exemption with minimum delay. AIRCR AFT AND E QUIVALENT L EVEL OF SAF ETY 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 cond itions to which 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 small UAS will weigh less than 55 lbs. 2
. F lights will be ope rated within line of sight of a pi lot and/or observer
. 3. Maximum flight time for each operational fl ight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 4
. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.5. Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC) , the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting of all the days' production activities. 7
. The PIC will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation , and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission or direction ofthe FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera. 9. The PIC and VO wi ll be able to comm unicate by voice, radio, and/or text at all times. 10. Written and/orverba l permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed
. 11. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously

. 12. The small UAS will have the capabil ity 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 Airwo rthin ess 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 uti lized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equ, ivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventiona l aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed

. The small UAS 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 th is exemption will be tig htly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements

. 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 criteria demonstrates that there is no credible threat to national security posed by the small UAS, 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 load
. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include on ly the Roman capital letter "N" and the registration number is displayed on limited , restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance tothe 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 small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the wo rd " Experimental " ca n be placed
. Given the size ofthe small UAS, two-inch lettering w ill be impossible. The word "Experimenta l" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as requi red by §45.29 (f) where the pilot, observer and others working with the small UAS will see the ident ification ofthe small UAS as "Experimental." 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pu rsuant to 14 CFR 61.113 (a), no person who holds a private pilot ce rtificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire
. Our small UAS 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 pi loting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS

. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regu lation requires that no person may operate a civil aircraft unless it is in airworthy condition

. As there will be no airworthiness certificate issued for the aircraf t, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness

. Given the size ofthe aircraft for maintenance and use of safety checklists prior to each flight an equivalent 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 Ai rplan e or Rotorcraft F light Manual is not required by §21.5 ofthis 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 small UAS, given its size and configuration 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 mai ntained by keeping the flight manual at the ground control point where the pilot flying the small UAS 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 offlight. As FAA approved rotorcraft flight manuals wi ll not be provided for the aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flight Instruction

.Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Small UASand remotely pi loted 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. The 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 equ ivalent 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 ofthe aircraft. 14 C.F.R . §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft

. Section 91.119 (d) allows helicopters to be operated at less than 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 small UAS that is a helicopter and the exemption requests authority to operate at altitudes 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 sma ll UAS wi ll neveroperate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. Itwill 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 ofthe small UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs
. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe small UAS 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 ofthe departure airport or an appropriate altimeter setting available before departure." As the small UAS 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 to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14C.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 airplane under VFR conditions unless (considering wind and forecast weather conditions) the re 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 the small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 , small UAS fl ights would be limited to approximately 10 minutes in length. Given thelimitations on the small UAS'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 engender the type of risks that Section 91.151{a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited 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 following: {1) An appropriate and current airworthiness certificate
.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The small UAS fully loaded weighs no more than 55 l bs. and is operated without an on board pilot
. As such, there is no ability or place to carry certification and reg istration documents or to display them on the small UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS. 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 aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter
... , " and others shall inspect or maintain the aircraft in compliance with Part 43
. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursua nt to the flight manual and operating handbook

. An equivalent level of safety will be achieved because 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 small UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS 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 maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referen ced in the Aircraft Operations Manual(AOM}. As provi ded in the FOM , the operator will ensure t hat the small UAS is in working o rder prior to initiating flight and perform required maintenance needed
. Small UAS Information Small UAS's to be used are as foll ows but not lim ited to providing they are within the scope of the exemption granted by th e FAA: 

### 1. DJI Phantom 3 Weight (Battery 

### & Propellers Included) -2.82 1 1bs. Hover Accuracy- Vertical :+ / - .33ft (when Vision Positioning is active) or+/- 1.64ft Horizontal : +/- 4.9 ft Max Yaw Angular Velocity -2oo·;s Max Tilt Ange l -35" Max Ascent Speed -16 ft/s Max Descent Speed
- 9 ft/s Max Flight Speed -36m ph DJI Phantom 3 Battery o DJI 4480mAH LiPo Battery DJI Phantom 3 Gimbal Controllable Range- Pitch -90 degrees to +30 degrees Stabilizat ion - 3-axis (pitch, roll, yaw) D

JI Phantom 3 Camera o Operating Temperature Range -32•F -lo4•F o Sensor Size -1/2.3 in. o Effective Pixels - 14M o Resolution -4384x3288 o HD Video Record ing • UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 • FHD : 1920x1080p 24/25 /30/48/50/60 • HD: 1280x720p 24/25/30/48/50/60 o Recording F ield of View -uo·;s5• DJI Phantom 3 Transmitter

Conclusion o Operating F requency -2
.400GHz -2.483GHz o Communication Distance (unobstructed) -FCC Compliance: 2400 ft o R eceive r Sensit ivity (1 %PER) -lOldbm +/- 2dbm o Transm itter Power -FCC Compliance: 20dbm CE: 16dbm

Thank you for the consideration ofthese exemptions

.



# s;np~~ Daniel Schwindt Owner I Operator McPherson Aerial Photography