Petition for Exemption 14 CFR § 11.81 - Exemption Petition under § 333

1. Your name and mailing address. You may include other contact information such as a fax number, telephone number, or email address.

Name: Dave von Fintel Address: 6326 Morningside Drive, Kansas City, Missouri 64113 Phone: (816) 868-8116 Email: dave@davevonfintel.com

2. The specific section or sections of 14 CFR from which you seek an exemption.

Petition for Exemption under Sec 333.

3. The extent of relief you seek and the reason you seek the relief.

Sec 333 prohibits the use of a UAS for commercial purposes. I am petitioning for an exemption to provide a commercial service to companies who wish to obtain and capture Aerial photos and videos for a variety of purposes including real estate, insurance property claims, infrastructure inspections and marketing. I would like to be able to accept payment for these services therefore making this a commercial use of a UAS.

4. How your request would benefit the public as a whole.

My request benefits various industries by providing a safer, more economical and efficient solution to traditional challenges. I am an experienced, certified and fully insured RC Pilot in command that understands how to safely operate such technology. I also teach a class on UAS's to kids at an after school program. This allows me to educate people at a grassroots level about the risks of using a UAS and how to manage one responsibly while adhering to any guidelines and rules.

5. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule.

I understand the importance of different uses and safety concerns regarding FAA regulated airspace. I would be a good candidate for exemption of Sec 333 while not pufting Air Safety in any accelerated risk. The specific UAS (Phantom 2& 3DR Solo) I am seeking exemption with are equipped with many safety and failsafe programs including geofencing not allowing me to fly within 5 miles of airports or elevating past 140 ft into the sky. My general knowledge of the aviation safety systems implemented by the FAA would be used to ensure that safety would not be affected by my operations. I would not be flying near disaster areas, national parks, sporting events, or high traffic areas including airports, and I would pay aftention to NOTAMS. Furthermore, I always fly in GPS mode ensuring that the UAS will navigate to the exact location I dictate and in a controlled manner. Filming for cinematography means that all flight is very steady and slow.

16. 1 intend to follow these suggested safety regulations.

• Always keep aircraft in sight and under control. • Always keep people and pets at least 35 feet (10 meters) away when the battery is connected. • Keep children out of the vicinity of this product at all times. • Always use fully charged batteries. • Always keep transmitter powered on while aircraft is powered. • Always remove batteries before disassembly. • Always keep moving parts clean. • Always keep parts dry. • Always let parts cool after use before touching. • Always remove batteries after use. • Always have a first aid kit with you. • Always have an appropriate fire extinguisher with you. • Never operate aircraft with damaged wiring. • Never touch moving parts.

7. A summary we can publish in the Federal Register Federal Register.

I, Dave von Fintel, am seeking an exemption of the FAA's Sec 333 rules that does not allow the use of an Unmanned Aircraft to be used for Commercial purposes in regards to National Airspace Safety. I am petitioning for an exemption to provide a commercial service to companies who wish to obtain and capture Aerial photos and videos for a variety of purposes including real estate, insurance property claims, infrastructure inspections and marketing. I would like to be able to accept payment for these services therefore making this a commercial use of a UAS. Being an a certified RC Pilot and therefore understanding the importance of different uses and safety concerns regarding FAA regulated airspace, I would be a good candidate for exemption of Sec 333 while not putting Air Safety in any accelerated risk. The specific UAS I am seeking exemption with are equipped with many safety programs, including SAFE technology and GPS navigating. When flying for this commercial purpose I would be flying at a maximum altitude of 40 meters and flying mostly vertically for the purposes of taking photos, decreasing the risk of any interference. My general knowledge of the aviation safety systems implemented by the FAA would be used to ensure that safety would not be affected by my operations. I would not be flying near disaster areas, sporting events, or high traffic areas including airports, and I would pay attention to NOTAMS. I appreciate the FAA's consideration of this petition for exemption.

8. Any additional information, views, or arguments available to support your request.

I am fully aware of the preflight safety checks and procedures implicated in the operation manual for my UAS platforms and intend to implement preflight safety checks and utilize the safety technology provided with these units. I intend to only fly in

2non-populated, residential or rural areas and stay clear of all utility lines etc. I intend to

be fully aware of my surroundings at all times and to only fly the unmanned aircraft within a visual line of sight and only in Visual Flight Conditions. Being that I teach a class on "Drones" to kids at an afterschool program, it would allow them to see that following proper guidelines is very important and give me more credibility. I'm also an active member of DroneU, an organization that keeps its members current on all things drone and provides frequent drone skills classes allowing us to become better and safer pilots. Finally, I'm a fully insured UAS pilot. This is something not attained without proof of proper skill and training. I understand and will comply with all the health and safety regulations for PIC's and will be the only operator under this exemption.

9. General Safety Precautions and Warnings I intend to follow.

• Always keep a safe distance in all directions around your model to avoid collisions or injury. This model is controlled by a radio signal subject to interFerence from many sources outside your control. Interfererice can cause momentary loss of control. • Always operate your model in open spaces away from full-size vehicles, traffic and people. • Always carefully follow the directions and warnings for this and any optional support equipment (chargers, rechargeable battery packs, etc. ). • Always keep all chemicals, small parts and anything electrical out of the reach of children. • Always avoid water exposure to all equipment not specifically designed and protected for this purpose. Moisture causes damage to electronics. • Never place any portion of the model in your mouth as it could cause serious injury or even death. • Never operate your model with low transmitter batteries. • Always keep aircraft in sight and under control. • Always move the throttle fully down at rotor strike. • Always use fully charged batteries. • Always keep transmitter powered on while aircraft is powered. • Always remove batteries before disassembly • Always keep moving parts clean. • Always keep parts dry. • Always let parts cool after use before touching. • Always remove batteries after use. • Never operate aircraft with damaged wiring. • Never touch moving parts. • Always fly in good weather (no rain, no fog, no high winds, only daytime)

10.If you want to exercise the privileges of your exemption outside the United

3States, you must state the reason.

I have no intention of operating outside of the United States.

11.Additional Comments to support my application.

Regarding the Unmanned Aircraft System

12. Petitioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight Manual or similar document.

I understand the importance of different uses and safety concerns regarding FAA regulated airspace. I would be a good candidate for exemption of Sec 333 while not putting Air Safety in any accelerated risk. The specific UAS (Phantom 2& 3DR Solo) I am seeking exemption with are equipped with many safety and failsafe programs including geofencing not allowing me to fly within 5 miles of airports or elevating past 140 

### ft into the sky. My general knowledge of the aviation safety systems implemented by the FAA would be used to ensure that safety would not be affected by my operations. I would not be flying near disaster areas, national parks, sporting events, or high traffic areas including airports, and I would pay attention to NOTAMS. Further more, I always fly in GPS mode ensuring that the UAS will navigate to the exact location I dictate and in a controlled manner. Filming for cinematography means that all flight is very steady and slow.

I fly a DJI Phantom 2 and 3DR Solo. They're equipped with a gimbal and GoPro camera. Both my UAS platforms are quad copters weighing under 51bs. They're diagonal measurement is under 2ft. Both have a number of safety features. They fly only after at least 6 satellite signals are locked in on which keeps the drones in the exact location you determine, without drifting. I have a constant readout of the battery levels and voltage and if the levels drop below 20% an alarm will alert me to start bringing it home. If, for some reason, I fly longer and the battery levels reach 10%, the UAS will come home automatically. It is programmed to fly to 60ft, avoiding any obstacles, in this fail safe mode, then return to the starting position and land safely. The UAS are have a max speed of 10mph. The status lights on the plane signal in a certain color code to let me know if there's something not normal. I always fly keeping the UAS in line of sight. I also have prop guards to avoid any harm to person or property. I wear a safety vest when flying so people are aware of who's operating the UAS. I always ask property owners and local security for permission to fly before doing so. My drones are equipped with upgraded, stronger motors and transmitters to keep it steady if a sudden wind gust should occur and eliminate any potential

4interference. I have telemetry data sent to my screen on my controller so I'm always

aware of the exact position, height, speed, battery levels, etc. I'm operating with a high end multi-spectrum controller (Futaba SG14) which gives me a more secure connection to the UAS and allows me to setup specific alerts for timing my flights and keeping them under 15 minutes, well in advance of any battery drainage.

13. Petitioners should describe any procedures they would implement, such as pre-flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or similar
document.

Prior to any flight I ensure all battery levels are at a maximum level. I inspect the UAS for cracks or abnormalities in the frame and components. At the flight location I go through a detailed pre-flight checklist, which I have printed out and with me. Amongst other items, I ensure I'm not in a no-fly zone referenced with a pre-flight app on my phone. I ensure the weather is ideal, wind under 12mph, no rain, snow or fog. Inspect that nothing is in the way to obstruct a safe flight and transmission like power lines, buildings and people/pets. I wear a safety vest so anyone knows that I'm operating a UAS. I ensure that I have permission from local security and property owners ahead of my flight and always fly in daylight.

14.The petitioner should describe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

AII equipment complies with the Federal Communications Commission. The UAS's operate on a 2.4GHz Band. The telemetry data and image from the GoPro is sent via a 5.8GHz Band using a Flysight Black Mamba transmitter.

15. Petitioners should describe the qualifications required of any PIC(s) who will be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; and any minimum hours of flight experience required by the PIC(s), both total flight time and the time with the particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications.

5I'm an active member of the DroneU which is a club dedicated to the safe use of a

UAS. Part of that membership requires its members to pass flight test both for training and ensuring competence in flying a quad copter in a controlled and safe manner. We stay up to date on all regulations from local government to FAA. I have over 200 sorties under my belt and am flying almost daily. Total flight time equals almost 4000 total hours. I take regular CPR classes. My proficiency in flying has qualified me to be fully insured for damage to my equipment and property/liability.

16. Petitioners should describe the medical standards and certification of the PIC(s) directly responsible for the operation of the UAS.

I take a an annual CPR class and carry a first aid kit with me when flying.

17. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the proposed operation(s) would not adversely affect safety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both in the air and on the ground. This can be described in the petition, in an Operations Manual, or similar document.

I am petitioning for an exemption to provide a commercial service to companies who wish to obtain and capture Aerial photos and videos for a variety of purposes including real estate, insurance property claims, infrastructure inspections and marketing. My service would decrease any risk to life and property for uses where I can directly replace people in a helicopter, airplane, cherry picker or ladder trying to accomplish the same task. There are numerous reports on the number of accidents and even deaths resulting from people in those situations. The responsible use of a UAS takes the risk for life and property out of the equation. My safety measures outlined above describe a meticulous pre-flight check as well as many safety features once the UAS is in the air.

18. Petitioners should specify the proposed maximum operating speed and altitude, and describe minimum flight visibility and distance from clouds for their intended operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposed conditions. These issues can be addressed in the petition, an Operations Manual, or similar
document.

Maximum operating speed is 15mph. Maximum ascent and descent speed is 10mph. Maximum altitude of operation is 100ft. I don't fly in bad weather, which includes fog or

1.1low clouds. I ensure that the UAS is always in line of sight for any of my flights. Wind

speed has to be at or below 12mph.

19. Petitioners should describe the characteristics of the area of intended 

### operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333, regarding proximity to populated 

### areas. These issues can be addressed in the petition, an Operations Manual, or similar document.

I plan to use the UAS for a variety of industries including real estate, insurance property claims, infrastructure inspections and marketing. The area of intended operations therefore is quite varied for the different uses. Some areas might involve shooting on a closed studio set for a production company. Others include still photos of company buildings or surveying a country road in preparation for asphalt or inspecting wind turbines. In all cases, I ensure that my operations are in a regulated environment with little to no people. The weather has to be good and everyone, including local authorities, are aware of my operations.

20. Petitioners should describe if they intend to operate in the proximity of any airports, in accordance with the statutory mandate under Section 333 regarding proximity to airports.

I will not operate in any no-fly zones, including airports, national parks, military bases, stadiums or other highly populated areas. I'II adhere to the FAA regulations and online maps outlining the safe perimeter around some of those areas.

21.The UAS must be operated within visual line-of-sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to comply with his mandate.

I always operate a UAS using visual line of sight. I have a monitor to frame my shots but the UAS is always at a location where I can distinctly see it, its status lights and which way it's pointing.

22. Petitioners should describe any procedures they would implement for conducting a preflight safety risk assessment to determine that the UAS is 

### in a condition for safe flight (14 CFR § 91.7(b)) and that the planned operation can be completed safely. These procedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, or similar
document.

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### ENVIRONMENTAL

•Check for people, animals, property in the flight vicinity. •Notify any bystanders or nearby property owner of your intentions. •If flying FPV, discuss flight plan with your check-pilot. •If flying in controlled airspace, notify airspace authority of your intentions. •First Aid / Safety Kit on hand, stocked, readily accessible, and visible to anyone in the

area

HARDWARE / EQUIPMENT •Cracks (especially in high stress areas like joints).

VISUALLY INSPECT THE AIRFRAME: •Loose or damaged screws / fasteners / bands / straps / ties •Loose or damaged wiring. •Loose or damaged connections (solder, plugs, etc). •Inspect prop mounts & screws & apply slight counter pressure on arms to check for loosened construction. •For FPV, inspect/clean FPV and/or Gopro camera lens and ensure that cameras are secured. •Battery/batteries fully charged, properly seated & secured. •Remove props and test fail-safe behavior (if applicable). •Props are smooth and free of damage/defect (check blade, surface, & hub). •Tighten prop adapters (careful not to over tighten which may damage prop). •Ensure voltage alarm is connected. •Ensure arming/idle timeout is properly configured (6-15 seconds is generally acceptable). •Check whether the right model is selected in the transmitter (if applicable). •Check your RC transmitter shows the right range and centering for all sticks. •If desired, perform range test.

PRE-FLIGHT •Batteries charged & secured.

POWER UP/PRE TAKEOFF •Position quad in a level, safe location for takeoff. •For FPV, power up ground station, video receiver, goggles, etc. •If using onboard video recorder (i.e., Gopro), turn on camera. •AII transmitter controls move freely in all directions. •AII transmitter trims in its neutral position. •AII transmitter switches in correct position (typically away). •Transmitter throttle to zero. •Radio transmitter on. •Connect/power on battery to airframe. •Ensure led indicators & audible tones are all correct. •Timer on (if applicable).

0

### •For FPV, check video in goggles.

•Scan for nearby people or animals. •Stand clear - audibly, loudly announce the word "CLEAR!" •Arm flight controller. •Increase throttle slightly listening for any abnormalities. •Short 20-30 second hover at 3-5 feet (listen for any weird vibrations or anything that sounds loose).

23.If petitioners intend to conduct operations which have existing requirements to notify Flight Standards District Offices (FSDOs) prior to operations — such as motion picture and television filming, or pipeline and powerline patrol — petitioners should describe their intended coordination in this regard for their proposed operation(s).



### If confronted with this situation, I'd call the FSDO offices and ask for permission to conduct our flight. In other situations, I always contact the local authorities and property owners to get permission to fly. An exact plan is outlined to the specific authorities as to our intended flight path.

*End of Additional Comments to support the application of Dave Von Fintel.

Submitted this 28 thday of September, 2015, to Docket Operations: (202) 493-2251 (fax).

/s/ David von Fintel



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