Matthew Kennedy PhotographerNideographer 30 Alva Road Niskayuna, NY 12309 Date: February 8th, 2016

U.S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590

RE: Petition of Matthew Kennedy, for Exemption Pursuant to Section 331-334 ofthe FAA Reform Act Attn: To whom it may concern I, Matthew Kennedy, respectfully request exemption to section 331-334 ofthe FAA Reform Act. My Drone Specifics are: DJI Phantom 3 Professional FAA UAS registration number is FA34HN7XA3 

### I. The Specific Sections ofTitle 14 ofthe Code of Federal Regulations From Which Matthew Kennedy Requests Exemption are: 14 CFR 21 ;14 C.F.R. 45.23(b);14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;14 CFR 407 (a) (1);14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

### II. The Extent of relief Matthew Kennedy seeks and the Reason He Seeks Such Relief: I, Matthew Kennedy, submitthis application in accordance with the Reform Act, 112 P.L. 95 

### §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, Matthew Kennedy, contemplated commercial cinematic, academic and otherflight operations within the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. My, Matthew Kennedy's, ultra-light weight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra-light weight UAS priorto the time period by which the Reform Act requires the FAA topromulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography

. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system

. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; Whether the UAS will be operated near airports or heavily populated areas; and , Whetherthe UAS will be operated by line of sight. 1 12 P.L. 95 

### § 333 (a)

. Each ofthese items reflect in favor ofan exemption for me, Matthew Kennedy

. My UAS utilizes four (4) counter-rotating propellers for balance, control and stability and is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds, specially, 21b 13.15067 (far below the maximum 55 pound limit) ; including camera with gimbal.
I, Matthew Kennedy, consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear offinancial loss Iwill not fly in winds exceeding 16 kph (10 mph)

. Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are released

. With three modes to choose from , I utilize the DJI Phantom 3 Professional film mode for aerial videography/photography

.This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost UAS is designed slowly descend to point oftakeoff. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50-1 00) yards depending on location , conditions and weather

. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location

. My UAS is capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between five (5) to fifteen (15) minutes, with an altitude under two hundred (200) feet. I, Matthew Kennedy, utilize a fresh fully charged battery with each flight as a safety precaution ; full flight time limit for each battery is twenty (20) to twenty-five (25) minutes as tested

. I do not operate my UAS at or below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash , loss of control or hazard

. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation

. I do not believe in taking risk that may cause a crash ,that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I, Matthew Kennedy, am extremely cautious when operating of my UAS/ultra-light weight unmanned aircraft and will not "create a hazard to users ofthe national airspace system or the public." 112 P

.L. 95 

### § 333 (b)

. Given the small size and weight of my UAS it falls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace

### system. Matthew Kennedy's UAS, used in hobbyflight, has a demonstrable safety record and does not pose any threattothe general public or national security.

Ill. How Matthew Kennedy's RequestWill Benefitthe Public As A Whole: Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. Forsmall budget real estate companies and average homeowners the expense ofsuch aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense, thus allowing smaller real estate companies to become competitive with their bigger competitors. Congress has already proclaimed that it is in the public's interestto integrate commercially flown UAS's into the national airspace system, hencethe passing ofthe Reform Act. Granting my, Matthew Kennedy's, exemption requestfurthers the public interestthrough academic/visual awareness ofthe geographical benefits in and around the Albany, capital area. My ultra-lightweight UAS is battery powered and creates no emissionsthat can harm the environment. The consequence ofmy ultra-lightweight UAS crashing is far less than a full size helicopter orfixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra-light weight UAS's. Permitting me, Matthew Kennedy, to immediatelyfly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impactforthe Albany, capital communityfor companies looking to relocate or build in the Albany, capital area as well as individuals looking to relocate forcareer advancementthrough academic and geographical awareness. Both ofwhich serve as a stimulusto the community. 

### IV. Reasons Why Matthew Kennedy's Exemption Will NotAdversely Affect Safety Or HowThe Exemption Will Provide a Level ofSafety At Least Equal To Existing Rule: My, Matthew Kennedy's, exemption will not adversely affect safety. Quite the contrary, forthe reasons stated permitting me, Matthew Kennedy, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow meto contribute tothe innovation and implementation of new and novel, as ofyet undiscovered safety protocols for Realtors that can be embraced by the NAR, AAR, and TARfor development in cooperation with the FAA. In addition I, Matthew Kennedy, submitthe following representations ofenhancements to current aerial videography and photographyfor real estate: 

### 1.) My UAS weighs less than 

### 5 pounds, specifically 21b 

### 13.15067 complete with a small ultra-lightweight high quality DJI Phantom 3 Professional camera.

### 2.) I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set bythe FAA Modernization and Reform Act of2012). 3.) My UAS only operate for 5-10 minutes perflight; I land my UAS priorto manufacturer recommended minimum level of battery power. 4.) I pilot my UAS through remote control only by line ofsight, 5.) My UAS has GPS a flight safetyfeature that it hovers and then returns back to the last known location ofthe controller and slowly lands ifcommunication with the remote control pilot is lost. 6.) I actively analyze flight data and other sources of information to constantly update and enhance safety protocols. 7.) I only operate in reasonably safe environmentthat are strictly controlled, are awayfrom power lines, elevated lights, airports and actively populated areas. 8.) I conduct extensive pre-flight inspections and protocol, during which safety carries primary importance. 9.) I always obtain all necessary permissions priorto operation. 1

0.) I have procedures in place to abortflights in the event ofsafety breaches or potential danger. 11.) My FAA UAS registration number is FA34HN7XA3. My, Matthew Kennedy's, safety protocols provide a level ofsafety equal to or exceeding existing rules. It is importantto note that absentthe integration ofcommercial UAS into our national airspace system, helicopters are the primary means ofaerial video and photographyfor community awareness and real estate. While the safety record ofsuch helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far saferto operate a battery powered ultralightweight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific areas awayfrom mass populations. Second, there is no fuel on board a UAS and thus the potential for fire orexplosions is greatly diminished. Third, the small size and extreme maneuverability ofmy UAS allow meto remotely pilot awayfrom and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use ofpostediting software allowing pan and zoom. Accordingly, my UAS has been experimentally operated forfamiliarization/competency and will continue to operate at and above current safety levels. V. A Summary The FAA May Publish in the Federal Register: 

### A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR§ 91.203(a)(1).

### The size, weight and enclosed operational area of my, Matthew Kennedy's, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permit the FAAto exempt UAS'sfrom the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. My, Matthew Kennedy, current and projected UAS's meet orexceed each ofthe elements.
14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable.
14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. Asthere are no on board pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a safety/flight manual delineating areas ofwhere safety can be defined. The FAA has previously issued exemptions tothis regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. § 91.121 regarding altimetersettings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafetywill be achieved by maintaining any such required certifications and registrations by me, Matthew Kennedy.
14 C.F.R. § 45.23: Marking ofthe Aircraft. Applicable Codes of Federal Regulation require aircraftto be marked according to certain specifications. My UAS are, by definition, unmanned. Theytherefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficultto place on such small aircraftwith dimensions smallerthat minimal lettering requirement. Regardless, Iwill mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 

### (f) so that Ithe pilot, or anyone assisting me as a spotterwith the UAV will see the markings. The FAA has previously issued exemptions tothis regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuantto 14 C.F.R. §§ 61.113 (a) 

### & (b), private pilots are limited to non-commercial operations. I, Matthew Kennedy, can achieve an equivalent level ofsafety as achievedby current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, etseq. Thus, allowing me, Matthew Kennedy, to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).
14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes forthe operation ofcivil aircraft. It allows helicopters to be operated at loweraltitudes in certain conditions. My UAS will never operate at an altitude greaterthan 250 AGL; safely belowthe standard of400 AGL. I, Matthew Kennedy, will however operate my UAS in safe areas away from public and traffic, providing a level ofsafety at least equivalent to or belowthose in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy UAS, an equivalent or higher level ofsafety will be achieved.
14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...." These Regulations only applyto aircraftwith an airworthiness certificate. Theywill not, therefore, apply to my, Matthew Kennedy, UAS. However, as a safety precaution I inspect my UAS before and after each flight. A SummaryThe FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Matthew Kennedy's, UAS meets an equivalent level ofsafety pursuantto Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. Anequivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos

. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved

. In summary, Matthew Kennedy seeks an exemption from the following Regulations: 14 C

.F.R. 21 , subpart H; 14 C

.F.R. 45.23(b) ; 14 C

.F

.R. 

### §§ 61

.113 (a) & (b); 14 C.F

.R. 

### § 91

.7 (a) ; 14 C

.F

.R. 

### § 91

.9 (b)(2) ; 14 C

.F

.R. 

### § 91.103(b); 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) and (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. 

### § 91.409 (a) (2); and , 14 C

.F

.R. 

### §§ 91 .417 (a) & (b) to commercially operate my, Matthew Kennedy's, small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience ofthose seeking to relocate to the Albany and capital area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Matthew Kennedy's, request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel , is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time

. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. I, Matthew Kennedy, have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAAwill enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of2012. There are no personnel on board my, Matthew Kennedy's, UAS and therefore the likelihood of death or serious bodily injury is significantly diminished

. My, Matthew Kennedy's, operation of my UAS, weighing less than 5 pounds, specifically 21b 13

.15067 and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs

.Accordingly I, Matthew Kennedy, respectfully request that the FAA grant my exemption request and I am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large. Respectfully Submitted ,

# ~~~~ Matthew Kennedy, Photographer and Videographer 30 Alva Road Niskayuna, New York 12309