Matthew Kennedy 

PhotographerNideographer 

30 Alva Road 

Niskayuna, NY 12309 

Date: February 8th, 2016 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

RE: Petition of Matthew Kennedy, for Exemption Pursuant to Section 331-334 of the 

FAA Reform Act 

Attn: To whom it may concern 

I, Matthew Kennedy, respectfully request exemption to section 331-334 of the FAA 

Reform Act. 

My Drone Specifics are: 

DJI Phantom 3 Professional 

FAA UAS registration number is FA34HN7XA3 

I. The Specific Sections of Title 14 of the 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, submit this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to 

prevent me, Matthew Kennedy, contemplated commercial cinematic, academic 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. 

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-light weight 

UAS is expressly contemplated by the Reform Act. I would like to operate my ultra-light 

weight UAS 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 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 of the 

UAS's; Whether the UAS will be operated near airports or heavily populated areas; and , 

Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these 

items reflect in favor of an 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 of financial loss I will 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 of takeoff. 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 of the 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 hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

Ill. How Matthew Kennedy's Request Will Benefit the 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. For small 

budget real estate companies and average homeowners the expense of such 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 interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting my, Matthew Kennedy's, exemption request furthers the public 

interest through academic/visual awareness of the geographical benefits in and around 

the Albany, capital area. My ultra-light weight UAS is battery powered and creates no 

emissions that can harm the environment. The consequence of my ultra-light weight 

UAS crashing is far less than a full size helicopter or fixed 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 immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially furthers the economic 

impact for the Albany, capital community for companies looking to relocate or build in 

the Albany, capital area as well as individuals looking to relocate for career 

advancement through academic and geographical awareness. Both of which serve as a 

stimulus to the community. 

IV. Reasons Why Matthew Kennedy's Exemption Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule: 

My, Matthew Kennedy's, exemption will not adversely affect safety. Quite the contrary, 

for the reasons stated permitting me, Matthew Kennedy, to log more flight time in FAA 

controlled airspace, with communication with the FAA, will allow me to contribute to the 

innovation and implementation of new and novel, as of yet undiscovered safety 

protocols for Realtors that can be embraced by the NAR, AAR, and TAR for 

development in cooperation with the FAA. In addition I, Matthew Kennedy, submit the 

following representations of enhancements to current aerial videography and 

photography for real estate: 

1.) My UAS weighs less than 5 pounds, specifically 21b 13.15067 complete with 

a small ultra-light weight high quality DJI Phantom 3 Professional camera. 
2.) I only operate my UAS below 200 feet (well within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012). 

3.) My UAS only operate for 5-1 0 minutes per flight; I land my UAS prior to 

manufacturer recommended minimum level of battery power. 

4.) I pilot my UAS through remote control only by line of sight, 

5.) My UAS has GPS a flight safety feature that it hovers and then returns back 

to the last known location of the controller and slowly lands if communication 

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 environment that are strictly controlled, are 

away from 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 prior to operation. 

1 0.) I have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

11.) My FAA UAS registration number is FA34HN7XA3. 

My, Matthew Kennedy's, safety protocols provide a level of safety equal to or exceeding 

existing rules. It is important to note that absent the integration of commercial UAS into 

our national airspace system, helicopters are the primary means of aerial video and 

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

helicopters is remarkably astounding, there has been local incident involving loss of life 

as well as extensive property damage; it is far safer to operate a battery powered ultralight weight 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 away from mass populations. Second, 

there is no fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. 

Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot 

away from 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 of post editing software 

allowing pan and zoom. 

Accordingly, my UAS has been experimentally operated for familiarization/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 of necessary 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 of safety pursuant to 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 

of the weight, size, speed, maneuverability and proximity to areas such as airports and 

dense populations. My, Matthew Kennedy, current and projected UAS's meet or exceed 

each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

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 

on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 95658, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings 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 for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required 

certifications and registrations by me, Matthew Kennedy. 

14 C.F.R. § 45.23: Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to 

certain specifications. My UAS are, by definition, unmanned. They therefore do not have 

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Regardless, I will 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 I the pilot, or anyone assisting me as a spotter with the UAV 

will see the markings. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700. 

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. I, Matthew Kennedy, can achieve an equivalent level of safety as achieved 
by 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, et seq. 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 for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes 

in certain conditions. My UAS will never operate at an altitude greater than 250 AGL; 

safely below the standard of 400 AGL. I, Matthew Kennedy, will however operate my 

UAS in safe areas away from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety 

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 other things, aircraft owners and 

operators to "have [the] aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter .... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Matthew Kennedy, UAS. However, as a safety precaution I 

inspect my UAS before and after each flight. 

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 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 of safety pursuant to 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 of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. My 

UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation 

of an aircraft without an airworthiness certificate. As no such certificate will be 

applicable in the form contemplated by the 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 of the UAS's, this Regulation is inapplicable. An 
equivalent 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 of those 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 fl ight 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 FAA will enhance the FAA's internal 

efforts to establish protocols for complying with the FAA Modernization and Reform Act 

of 2012. 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