UNITED ST AT ES OF AMERI CA DEP AR TMENTOF TRANSPOR TA TI ON FEDERAL

A VI AT IO N ADMINISTRA TI ON WA SHI NGT ON, DC

Regulatory

Docket No. _______________

IN THE MA

TTER OF THE PETITION FOR EXEMPTI ON OF: Mark R. Kurzinski, L ieutenant, United States Navy (Retired) Certificat ed Private Pilot , Airplane Single and Multi

- E ngine Land #2836629

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TI TLE 14 OF THE CODE OF FEDERAL

REGULA

TI ONS SECTI ONS 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNI NG COMMERCIA L OPERA TI ON OF A DJ I INSPI RE 1 & DJ I Phantom 3 UNMANNED AI RCRAFTSYSTEMS PURSUANTTO SECTION 333 OF THE F AA MODERNIZA

TI ON AND REFORM ACTOF 2012 (PUBLIC LA

W 1 12

- 95)

Submitted on January

3, 2016

LTMark R. Kurzinski, USN(Ret.) 341 Carl Sands Dr

. Cary I L 60013 markurski@aol.com (619) 990

- 8268 Private Pilot Certificate #28366292 TA BLE OF CONTENTS Page GLOSSAR

Y OF ABBREVIA

TI ONS.................................................................................................................3
SUMMAR

Y.

..................................................................................... ....................................... 4
IN TRODUCTION AND INTERESTS OF PETITIONER......................................................4
BACKGROUND..................................................................................................................... 5
BASI S FOR PETI TI ON...........................................................................................................

..................... 5
NAME AND ADDRESS OF PETITIONER................................

............................... 6
THE SPECI FI C SECTIONS OF 14 C.F .R. FROM WHI CH MARK R KURZINSKI SEEKS EXEMPTI ON.........................

......................... ..... . ... 7
THE EXTENT O F RELIEF MARK R KURZINSKI SEEKS AND THE REASON MARK R KURZINSKI SEEKS THE RELIEF...

..................... ... 9
THE REASON S WHY

GRANTING MARK R KURZINSKI REQUEST WOUL D BE IN THE PUBLIC INTEREST

............................... ............... ...............10
THE REASONS WHY

GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL

Y A FFECTSAFETY

................................................ .. ............................17
CONCLUSION...................................................................

.................................................... . 19
**APPENDIX**

**– A**  DJIPHANT OM 3 TECHNI CAL SPECIFICA

TI ONS.............................................20
**APPENDIX**

**– B**  DJII NSPI RE 1 TECHNICAL SPECIFICA

TI ON .................................................213 GLOSSAR

Y OF ABBREVIA

TI ONS

AGL Above Ground Level AOI Area of Interest AT C Air T

raffic Control AT O Air T

raffic Organization AV Aerial V

ehicle CFR Code of Federal Regulations COA Certificate of Authorization DJI UA

V manufacturer ESC Electronic speed control FA A F ederal Av iation Administration FA R Federal Av iation Regulation FPV First Person V iew GCS Ground Control Station GPS Global Positioning Sy stem LO L Loss of Link LI

- PO Lithium Poly mer battery NAS National Airspace S ys tem NOT AM Notice to Airman PI C Pilot In Command RCV Radio Controlled vehicle Section 333 FA A Modernization and Reform Act of 2012 (FMRA) SO Safety

Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Vi sual Flight Rules VLOS Vi sual L ine of Site VMC Vi sual Meteorological Conditions VTOL Ve rtical T

akeof f and Landing4 **SUMMAR**

**Y** Mark R. Kurzinski, dba MidW est

- Drone Services LLC ( http://www .midwest

- drone.com/ ) seeks exemption from the requirements of 14 C.F .R §§ 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA). Th is exemption will permit MARK R KURZINSKI to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting ae ria l video and photograph y for coverage of events, film sets, news, scripted and unscripted television sets and landscape s , search and rescue, structural inspections of bridges, pipelines, wells, power lines, cell towers, agricultural fields, enhanced real estate listing s, and other building or structural inspections over certain areas of the United States

.

**INTRODUCTION AND INTERESTS OF**  **T HE PETITIONER**  My name is Li eutenant Mark R Kurzinski , 20

- ye ar retired veteran of the United States Navy

. I have been a certificat ed private pilot since 2004 with extensive knowledge of all current F AA regulations

. Currently working towards my

Instrument Certification add

- on. My flight exper ience consists of PICs of Cessna 150, 172 RG, 177RG, 182RG, Piper Cherokee 28R, Beechcraft Duch ess 76, Diamond 20, 40 and 42NG aircraft

. Along with my military and genera l aviation experience, I am a 21 ye ar experienced expert operator of multiple ty pes of RCV

a ircraft including mu lti rotor, quadc opters and g eneral fixed wing.
Th e objective of MARK R KURZINSKI dba MidW est

- Drone Services LLC, is to provide high quality imaging & filming for coverage of events, film sets, news, scripted and unscripted television sets and landscape s , search and rescue, structural inspections of bridges, pipelines, wells, power lines, cell towers, agricultural fields, enhanced real estate listings, and other buil ding or structural inspections. MARK R KURZINSKI will also provide knowledge of UAS and promote safe UAS operations.5 **BACKGROUND**
Unmanned Aircraft Sy stems: DJIPhantom 3, DJ I Inspire 1 MARK R KURZINSKI seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 3 and DJ I Inspire 1 are vertical takeof f and landing (VT OL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. The DJ I Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maxi mum speed of approximately 29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 1 1.8 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 3 and DJII nspi re 1 UAS are equipped with four main rotors; driven by L ithium Poly

mer battery powered electric motors.
The DJ I Phantom 3 and DJII nspire 1 UAS that will be operated b y MARK R KURZINSKI will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F .R Part 47, Aircraft Registration, and marked in accordance with 14 C.F .R. Part 45, Identification and Registration Markings.

**BASIS FOR PETITION**
Petitioner, MARK R KURZINSKI , pursuant to the provisions of the Federal A viation Regulations (14 C.F .R. § 1 1.61) and the F

AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby petitions the Administrator to commercially operate the D JIPhantom 3, DJIInspire 1 U AS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, MARK R KURZINSKI operation of DJ I Phant om 3 and DJ I Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Accordingly

, MARK R KURZINSKI requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requir ements for maintenance that only appl y to aircraft with an airworthiness certificate.
MARK R KURZINSKI submits that the requested relief is proper since an equivalent level of safet y wi ll be ensured. MARK R KURZINSKI will use experienced personnel or t echnicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance L og, and DJ I Phantom 3 and DJ I Inspire 1 Instruction Manual)

. Furthermore, MARK R KURZINSKI will document and maintain all maintenance records for the DJ I Phantom 3 and DJIInspire 1 UAS

. **Section 61.1 13(a) & b)** 
MARK R KURZINSKI seeks r elief from certain requirements of Section 61.1 13(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y MARK R KURZINSKI to the extent necessary

to allow a PI C holding a private pilot or higher level certificate, as well as an6

airman medical certificate, and who has demonstrated, b y meeting minimum flight hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 and DJIInspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from p eople, vessels, vehicles and structures. **Section 91.7(a)** MARK R KURZINSKI seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJ I Phantom 3 and DJIInspire 1 UAS do not require an airworthiness certificate in accordanc e with 14 C.F .R. Part 21, S ubpart H. As such, MARK R KURZINSKI submits that he will ensure that the DJ I Phantom 3 and DJIInspir e 1UAS are in an airworthy condition, prior to every

flight, by determining that the UAS are in compliance with the operating d ocuments (i.e., Monthly Maintenance Lo g, and DJ I Phantom 3 and DJ I Inspire 1 Instruction Manual), and that the aircraft are i n a condition for safe flight.
**Section 91 .121**  MARK R KURZINSKI seeks an exemption from the requirements of Section 91.121, entitled altimeter s ettings, as the DJ I Phantom 3 and DJ I Inspire 1 UA S do not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 and DJI Inspire 1UAS will be provided to the PI C via GPS equipment and radio communications telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path. This altitude information, combined with MARK R KURZINSKI operation of the DJ I Phantom 3 and DJIInspire 1 UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safet y equivalent to Section 91.121. **Section 91.151(b )**  Additionally

, MARK R KURZINSKI seeks an exemption from the requirements of Section 91.151(b), entitled f uel requirements for flight in V FR conditions

. MARK R KURZINSKI submits that safety will not be af

fected b y operation of the DJ I Phantom 3 and DJ I Inspire 1 UAS during daylight hours in VMC under VFR , with enough battery power to fly

for a to tal duration of approximately 18 .5 minutes to the first po int of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C .F .R. § 1 1.81, MARK R KURZINSKI provides the following information in support of its petition for e xemption:
**A. Name**  **and A**  **ddr ess**  **of the**  **Petitioner**
**.** LTMark R. Kurzinski, USN(Ret.) 341 Carl Sands Dr

. Cary I L 60013 markurski@aol.com (619) 990

- 8268 Private Pilot Certificate #28366297

**B. The**  **Specific Sections of**  **14 C.F .R. f**  **ro m Which**  **MARK R KURZINSKI Seeks Exemption.** 
**1. MARK R KURZINSKI**  **Seeks Exemption Fr om**  **The Requir ements Of Section 61.1**  **13(a) And (b).**  Section 61.1 13, entitled Private pilot privileges and limitations: Pilot in command, Subsections (a) and (b) prescribe the following, in relevant part: a. No person who holds a private pilot certificate may act as a PIC of an aircraft that is carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. b. A private pilot may

, for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if

— i. The flight is onl y incidental to that business or employment; and ii. The aircraft does not carry passengers or property

for compensation or hire. **2. MARK**  **R KURZINSKI Seeks Exemption Fr**  **om The Requir**  **ements Of Section 91.7(a).** Section 91.7, entitled civil aircraft airworthiness, subsection (a), stat es the following: (a) No person may

operate a civil aircraft unless it is i n an airworth y condition. **3. MARK R KURZ**  **INSKI Seeks Exemption Fr**  **om The Requir**  **ements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection ( a), states the following, in part: a. Each person operating an aircraft shall maintain th e cruising altitude or flight level of that airc raft, as the case may be, by reference to an altimeter that is set, when operating

-- Below 18,000 feet MSL, to

— i. The current reported altimeter setting of a station along the route and within 100 n autical miles of the aircraft; ii. If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; iii. In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate alti meter setting available before departure. **4. MARK R KURZINSKI**  **Seeks Exemption Fr om**  **The Requir ements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b ) No person may begin a flight in a r otor craft under VFR condi tions unless (considering wind and for ecast weather conditions) ther e is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly afte r that for at least 20 minutes. **5. MARK R KURZINSKI**  **Seeks Exemption Fr om**  **The Requir ement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), s tates the following: Each owner or operator of an aircraft

— (a) Shall have that 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[.] **6. MARK R KURZINSKI**  **Seeks Exemption Fr om**  **The Requir ements**  **Of Sectio n**  **91.407(a)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any

aircraft that has undergone maintenance, preventive maintenance, reb uilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized un der § 43.7 of this chapter [.] **7. MARK R KURZINSKI**  **Seeks Exemption Fr om**  **The Requir ements Of Sections**  **91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entit led Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless,8

within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. **8. MARK R KURZINSKI**  **Seek s Exemption Fr**  **om The Requir**  **ements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: a. Except for work performed in accordance with §§ 91.41 1 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved in spections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— i. A description (or reference to data acceptable to the Administrat or) of the work performed; and ii. The date of complet ion of the work performed; and iii. The signature and certificate number of the person approving the aircraft for return to service. Records containing the following information:

1. The total time in service of the airframe, each engine, each propeller, and each rotor

. 2. The current status of life

- limited parts of each airframe, engine, propeller , rotor, and appliance. 3. The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basi s. 4. The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. 5. The current status of applicable airworthiness directives (AD) a nd safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. 6. Copies of the forms presc ribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. b. The owner or operator shall retain the following records for the periods prescribed: i. The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. ii. The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. iii. A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.9

**C. The Ex tent Of Relief**  **MARK R KURZINSKI Seeks**  **And The Reason**  **MARK R KURZINSKI Seeks**  **The Relief. 1.**  **Ex tent Of Relief**  **MARK R KURZINSKI Seeks**  **And The Reason**  **MARK R KURZINSKI Seeks Relief Fr**  **om Section 61.1 13(a)**  **And (b).** Relief from Section 61.1 13(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currenc y requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in S ection 61.1 13(a) and (b) state that a private pilot may

, for compensation or hire, act as PI C of an aircraft in connection with an y business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or prop erty for compensation or hire. As set forth mor e full y below, MARK R KURZINSKI submits that an equivalent level of safet y will be maintained because no PI C will be allowed to operate the DJ I Phantom 3 or DJIInspire 1 UAS unless that PI C has met certain flight

- hour and currency requir ements, demonstrating that the PI C i s able to safely operate either the DJ I Phantom 3 or DJIInspire 1 UAS in a manner consistent with the operations specifications a s described in this exemption, including evasive and emergency maneuvers, as well as maintain ing appropriate distances from pe ople, vessels, vehicles and structures. Further, MARK R KURZINSKI submits that all flights of the DJ I Phantom 3 and DJ I Inspire 1 UAS , conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to MARK R KURZINSKI’ s business; and (2) will not carry passengers or property

for compensation or hire. **2. Ex**  **tent Of Relief MARK R KURZINSKI**  **Seeks And**  **The Reason MARK R KURZINSKI**  **Seeks Relief Fr om Section 91.7(a).**  Relief from Section 91.7(a) entit led c ivil aircraft airw orthiness, is requested to the extent required to allow MARK R KURZINSKI to determine that the DJ I Phantom 3 and DJ I Inspire 1 UAS are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. , MARK R KURZINSKI Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 and DJ I In spire 1 Instruction Manual). MARK R KURZINSKI seeks the requested relief bec ause the DJ I Phantom 3 and DJI Inspire 1 UAS do not require an airworthiness cert ificate in acco rdance with 14 C.F .R. Part 21, Subpart H. Therefore, MARK R KURZINSKI will ensure that the DJIPhantom 3 and DJI Inspire 1 UAS are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 and DJIInspire 1 Instruction Manual) prior to every flight, and further, determine that the airc raft are in condition for safe flight, as stated in the conditions and limitations below

. **3. Ex**  **tent Of Relief MARK R KURZINSKI**  **Seeks And**  **The Rea son**  **MARK R KURZINSKI Seeks Relief**  **Fro m Section 91.121.**  Relief from Section 91.121, entitled a ltimeter settings, may be required to allow flight operations of the DJ I Phantom 3 and DJIInspire 1 UAS , which utilize a barometric pressure sensor, GPS equipment , and a radio communications telemetry data link to downlink altitude information from the UA S to the PI C at the GCS

. Since the F AA requires that an y altitude information concerning UAS operations be r eported to AT C in feet AGL , MARK R KURZINSKI seek s the requested relief because the DJIP hantom 3 and DJIInspire 1 UAS altimeter may

be set on the ground to zero feet AGL , rather than the local barometric pressure or field altitude, before each flight.10

Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below

. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJI Phantom 3 and DJ I I nspire 1 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA S on the heads

- up display of the GCS. **4. Ex**  **tent Of Relief MARK R KURZINSKI**  **Seeks And**  **The Reason MARK R KURZINSKI**  **Seeks Relief Fr om Section 91.151(b).**  Relief f rom Section 91.151(b) entitled f uel requirements fo r flight in VFR conditions, is requested to the extent requir ed to allow flights of the battery powered DJ I Phantom 3 and DJI Inspire 1 UAS during daylight hours in VMC, under VFR, for a total duration of 18 .5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. MARK R KURZINSKI seeks the requested relief because without an exe mption from Section 91.151(b), the flight time duration of the battery powered DJ I Phanto m 3 and DJ I Inspire 1 UAS will severel y constrain the practicality of an y aeria l video or stil l photo flight operations that MARK R KURZINSKI proposes to conduct pursuant to this Petition. Significantly

, as set forth below, the technical specifications of the DJ I Phantom 3 and DJI Inspire 1 UAS , the DJ I Phantom 3 and DJ I Ins pire 1 op e rating documents, and MARK R KURZINSKI proposed operating limitations, ensure that MARK R KURZINSKI will safel y operate the battery

powered DJ I Phantom 3 and DJIInspire 1 UAS during daylight hours in VMC, under VFR , with enough battery power t o fly for a total duration of 18 .5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Ex**  **tent Of Relief MARK R KURZINSKI**  **Seeks And**  **The Reason MARK R KURZINSKI**  **Seeks Relief Fr om Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y apply to aircraft with an air

worthiness certificate, MARK R KURZINSKI requests relief from these S ections because the DJ I Phantom 3 and DJIInspire 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJIInspire 1 UAS meet the conditions of FMRA

Section 333 for operation without an airworthine ss certif icate. Accordingly

, MARK R KURZINSKI will use trained techn icians to perform maintenance, alterations, or preventive maintenance o n the UAS usin g the methods, techniques, and practices prescribed in the UAS ope rating documents (i.e., MARK R KURZINSKI Aeria l Operations Manual, Monthly

Maintenance Log, and D JIPhantom 3 and DJIInspire 1 Instruction Manual)

. Furthermore, MARK R KURZINSKI will document and maintain all maintenance records for the DJ I Phantom 3 and DJIInspire 1 UAS

. **D. The Reason**  **s Why Granting**  **MARK R KURZINSKI Request**  **Wo uld Be In**  **The Public Inter**  **est: That Is, How It**  **Wo uld Benefit**  **The Public As**  **A Whole.**  Granting the present Petition will further the public intere st by allowing MARK R KURZINSKI to safely

, ef ficiently , and economic ally

perf orm aerial coverage of events, film sets, news, scripted and unscripted television sets and landscape, search and rescue, structural inspections of bridges, pipelines, wells, power lines, cell towers, agricultural fields, enhanced real estate list ings, and other bui lding or structural inspection over certain areas of the United States. Additionally

, use of the DJIPhantom 3 and DJ I Inspire 1 UAS will decrease congestion of the11

NAS, reduce pollution, potential crashes and accidents caused b y pilot error and provide significant benefits to the economy

. Notabl y, the benefits of MARK R KURZINSKI’ s proposed operation of the DJ I Phantom 3 and DJ I In spire 1 UAS will be realized without implicating an y privacy

issues.
**1. The Public Will Benefit Fr**  **om Decr**  **eased Congestion Of The NAS.**  The DJ I Phantom 3 and DJIInspire 1 UAS are battery powered and serve as a safe, ef ficient, and economical alternative to the manned aircraft traditionally utilized to obtai n aerial imagery

. B y reducing the amount of manned aircraft needed to p erform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 or DJIInspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 3 and DJ I In spire 1 UAS do not require an airport t o takeof f or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traf fic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit Fr**  **om T**  **he Safety And Efficien**  **cy Of The DJI**  **Phantom 3 and DJI Inspir**  **e 1 UAS**
**.** Conducting aerial acquisitions with the DJI Phantom 3 and DJ I Inspire 1 UAS, instead of manned ai rcraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJ I Phantom 3 and DJ I Inspire 1 UAS produce no air pollution, and is the most viable environmentally conscious alternati ve to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography

, while burning approximat ely 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 and DJ I Inspire 1 UAS , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAS ar e propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 and DJ I Inspire 1 UASS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 and DJII nspire 1 UAS (weighing approximately 2 pounds 14 ounces and 6 pounds 7.5 ounces respectively

, at their maximum gross weights with lengths of 16 inches and 17.3 inches res pectively

, widths of 16 inches and 17.7 inches respectively , and with no fuel on board), has less ph ys ical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that typically conduct similar op erations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons). **3. Performing**  **Aerial Vi**  **deo and Photography Operations Wi**  **th The DJI Phan**  **tom 3 and DJI**  **Inspir e 1 UAS**  **Wi ll Benefit T**  **he Economy** 
**.** In addition to being safe and efficient, the DJ I Phanto m 3 and DJIInspire 1 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 and DJIInspire 1 UAS wi ll allow United States based companies, like MI DWEST

- DRONE SER

VI CES , to remain competitive and co ntribute to growth of the U.S. economy
. Specifically

, with the rising cost of aviation fuel an d the Environmental Protection Agency (EP A ) regulatory

actions p hasing out leaded aviation fuels,12

U.S. owned and operated companies must adopt new and alternative technology i n order to remain competitive. Operating the battery powered DJIPhantom 3 and DJ I In spire 1 UAS is one such technology that not only allows companies greater operational flexibility co mpared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 and DJI Inspire 1 UAS , companies such as MI DWEST

DRONE SER

V IC ES , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. economy
. Improved financial performance of U.S. companies, through commercial us e of the DJI Phantom 3 and DJ I Inspire 1 UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. Ther**  **e Ar**  **e No Privacy Issues.** Similar to the manned aerial acquisition flight operation s that have been conducted for decades, MARK R KURZINSKI proposed operation of the D JIPhantom 3 and DJ I In spire 1 UAS would not implicate any

privacy issues. Specifically , the D JIPhantom 3 and DJ I Inspire 1 UAS will be operated only

in compliance with operat ing documents (i.e., MARK R KURZINSKI Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 and DJIInspire 1 Instructio n Manual) which requires propert y owne r involvement as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F .R. § 91.1 19.
**E. The Reasons**  **Why Granting The Exemption W**  **ould Not Adversely**  **Affect Safety , Or**  **How The**  **Exemption W**

**ould Pr ovide**  **A Level Of Safety**  **At Least Equal To**  **T hat Pr**  **ovided By The Rule**  **Fr om** **Which MARK R KURZINSKI**  **Seeks Exemption.**
**1. Reasons Why The DJI**  **Phantom 3 and DJI Inspir e 1 UAS**  **Meet The Conditions Of**  **The FA**  **A Modernization and Reform**  **Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, MARK R KURZINSKI’ s operation of the DJ I Phantom 3 and DJ I Inspire 1 UAS meet the conditions of FMRA Sectio n 333, and will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Secti on 333 provides authority for a UAS to operate without airworthiness certificati on and sets forth requirements for considering whether a UAS will create a hazard to user s of the NAS or the public, or otherwise pose a threat to national security . Specificall y, FMRA

Section 333 states the following, in part: **a.** In General.

-- Notwithstanding an y other requirement of this subtitle, and not later than 180 day s after the date of enactment of this Act, the Sec retary of T ransportation shall determine if certain unmanned aircraft sy stems may operate s afely

in the national airspace sy stem before complet ion of the plan and rulemaking required b y section 332 of this Act or the guidance required b y section 334 of this Act. **b.** Assessment of Unmanned Aircraft S ys tems

. - - In making the determination under subsection (a), the Secretary shall determine, at a minimum

— **i.** Which ty

pes of unmanned aircraft s ys tems, if any , as a result of their size, weight, speed, operational capability , proximity

to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the n ational airsp ace s ys tem or the public or pose a threat to national security ; and whether a certifi cate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for13 the operation of unmanned aircraft s ys tems identified under paragraph (1). **c.** Requirements for Safe Operation

. - - If the Secretary determines under this section that certain unmanned aircraft sy stems may operate safely

in the national airspace s ys tem, the Secretary

shall establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem. In seeking this exemption, MARK R KURZINSKI submits that the DJ I Phantom 3 and DJIInspire 1 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 3 and DJIInspire 1 UAS ; (b) the pilot certification requirement; and (c) the s pecific operating limitations. i. **The Specifications Of The DJI Phantom 3 and DJ**  **I Inspir e 1 UA**  **S Demonstrate**  **Its Safe Characteristics.** The DJ I Phantom 3 and DJIInspire 1 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. ii. **Te ch**  **nical Specifications Of The DJI**  **Phantom 3 and DJI Inspir e 1 UAS** 
**.** The DJ I Phantom 3 and DJIInspire 1 Specifications and Data Sheet, attached hereto as Appendix A and B, set the technical specifications of the DJ I Phantom 3 and DJ I Insp ire 1 UAS forthwith

. iii. **The DJI Phantom 3 and DJI Inspir**  **e 1 UAS Autonomous Flight**  **And Navigation**  **Modes Enable The UAS To**  **Remain Within A**  **Defined Operational**  **Ar ea.**  The DJ I Phantom 3 and DJIInspire 1 UAS may be ope rated in both manual and fully autonomous fl ight modes. iv. **The DJI P hantom 3 and DJI Inspir**  **e 1 UAS Are Designed For**  **A utomatic**  **Return T o Home Point Or** 

**Hover In**  **The Event Of Loss Of**  **The Contr ol**  **Link Or Navigation.**  When the control l ink is lost, the DJIPhantom 3 an d DJIInspire 1 UAS will remain stationary

, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 and DJIInspire 1 UAS do not reacquire control link data from the GCS, the UAS will assume that the control l ink is lost and the UAS will return to the home position (i.e., failsafe mode ) via GPS, and will descend to the takeof f position and shutdown. v. **The DJI Phantom 3 and DJI Inspir e 1 GCS**  **And It’ s Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 and DJ I Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 3 User Manual and pages 40 through 47 of the DJIInspire 1 User Manual. vi. **Flight Operations Of DJI Phantom 3 and DJI Inspi**  **re 1 UAS Are Limited T**  **o The Line Of**  **Sight Of A**  **Certificated Pilot in Co mmand**  **Wi th**  **A Safety**  **Observer**
**.** MARK R KURZINSKI will only utilize certificated pilots who possess a current and valid airman medical certificat e to act as PI C of the DJ I Phantom 3 and DJI Inspire 1 UAS

. Additionally , a s afet y observer will assist all pilots during flight time. vii. **Flights Of DJI Phantom 3 and DJI Inspir e 1 UAS**  **Wi ll Be Conducted**  **Pursu ant**  **To Specific Operating Limitations.**  In seeking this exemption, MARK R KURZINSKI proposes to commercially operate DJ I Phant om 3 and DJIInspire 1 UAS for the special purpose of14 conducting aerial video and photograph y over certain areas of United States, pursuant to th e following specific operating limitations: 1. Operations authorized b y this grant of exemption wi ll be limited to the following aircraft described in the oper ating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 and DJ I Inspire 1 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petitio n or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The UAS may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA S must be oper ated at an altitude of no more than 400 feet AGL , as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y AT C. All altitudes reported to AT C must be in feet AGL

. 5. The UAS must be operat ed within VLOS of the P IC at all times. This requires the PIC to be able to use human vision un aided b y an y device other than corrective lenses, as specified on the PIC’ s F AA

- issued airman medical certificate. 6. The use of FPV

by the PIC or SO is not permitted. 7. All operations must utilize a SO

. The SO may be used to satisfy

the VLOS requirement as long as the PIC alway s maintains VLOS c apability

. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted dur ing flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond ass isting the PI C with seeing and avoiding other air traf fic and other ground based obstacles/obstru ctions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemp tion must be accessible during UAS operations and made available to the Administrator upon re quest. If a discrepancy exists between the conditions and limitations contained in the grant o f exemption and the procedures outlined in the operating documents, the conditions and limitat ions contained in the grant of exemption take precedence and must be followed. Otherwise , the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator ’s responsibility to tr ack such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determin es that any update or revision would af fect the basis upon which the F

AA granted the exe mption, then the operator must petition for amendment to its grant of exemption. The F AA’s UAS Integration Office (AFS

- 80) may b e contacted if questions arise regarding updates or revisions to the operating documents.15 10. Prior to each flight the PIC must inspect the UAS to ens ure that it is in a condition f

or safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. The GCS must be included in the preflight inspection. All maintenance an d a lterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that af fect the UA S operation or flight characteristics, e.g. replacement of a flight cr itical component, must undergo a functional test f light. The PIC who conducts the functional tes t flight must make an entry in the a ircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered i n the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspectio n, and life limit requirements. 14. The operator must carry out its maintenance, i nspections, and record ke eping requirements, in accordance with the operating documents. Maintenance, inspec tion, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accompli she d, and the signature of the authorized perso n returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins. 16. The authorized person must make an entry in the air craft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PI C to operate unles s the PI C meets the operator ’ s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and e mergency maneuvers and maintaining appropriate distances f rom persons, vess els, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F .R. § 61.51(b). Flights for the purposes of training the operator ’s PI Cs are permitted under the terms of the exemption. However, training oper ations may only be conducted during dedicated training sessions. During training, proficiency , and ex perience

building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must o perate the UA S with appropriate distance from nonparticipants in accord ance with 14 C.F .R. § 91.1 19. 19. UAS operations may

not be conducted during night, as defined in 14 C.F .R. § 1.1. All operations must be conduc ted under VMC

. If flight at night is required, a special request will be made at the F AA of fi ce closest to proposed area of operations. Flights under special visual flight rules16 (SVFR) are not authorized. 20. The UA S may

not operate within 5 nautical miles of an airport reference point as denoted on a current F AA

- published aeron autical chart unless a letter of agreement with that airport’ s management is obtained, and the operation is conduc ted in accordance with a NOT AM as required b y the operator ’s COA. The letter of agreement with the airport managem ent must be made available to the Administrator upon request. 21. The UA

may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA S loses communications or loses its GPS s ignal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicte d obstacles or emergencies in accordance with the ope rating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA S with 25% battery power remaining

. 25. The operator must obtain an Air T raf fic Organizati on (A

TO) issued Certificate of Wa iver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to requ est a NOT AM not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the AT O issued CO A including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemptio n must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F .R. part 45, Subpart C

. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA S must comply with the Federal Communicat ions Commission (FCC) or other appropriate government oversight agency

requirements. 28. The docume nts required fewer than 14 C.F .R. 91.9 and 91.203 must be available to the P IC at the GCS of the UAS an y time the UAS is operating. These documents must be made available to the Adm inistrator or an y law enforcement of ficial upon request. 29. The UA S must remain clear and yi eld the right of way to all manned aviation operation s and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparti cipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehic les, and structures unless: a. Barriers or structures are present that suf ficiently pr otect nonparticipating persons from the UA S and/or debris in the eve nt of an accident. The operator must ensure that nonparticipating17 persons remain under such protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA S , flight operations must cease immediatel y and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and th e PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator traine es or essential persons do not present an undue hazard to those persons per § 91.1 19(a). 32. All operations shall be conducted over private or c ontrolle d

- access propert y with permission from the land owner/controller or authorized repres entative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicab le COA must be reported to the FA A's UAS Integration Of fice (AFS

- 80) within 24 hours. Acc idents must be reported to the National Tr ansportation Safet y Board (NTSB) per instructions containe d on the NTSB W eb site: www .ntsb.gov

. **2. Reasons Why**  **An Exemption Fr om**  **The Requir eme**  **nts Of Section 61.1 13(a)**  **And (b) W**  **ould Not**  **Adversely Affect Safety** 
**.** MARK R KURZINSKI submits that the equivalent level of safet y establ ished by Section 61.1 13(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 and DJII nspire 1 UAS unless that PI C has de monstrated, b y meeting minimum flight

- hour and currency

requirements, that the PIC is able to sa fe ly operate the DJ I Phantom 3 or DJ I Inspire 1 UAS in a manner consistent with the ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels , vehicles and structures. Considering MARK R KURZINSKI’ s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of privat e pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 1 1062); and the airmanship skills necessary to safel y operate the DJIPhantom 3 or DJ I Inspire 1 UAS, MARK R KURZINSKI submits that the additional manned airmanshi p experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for MARK R KURZINSKI’ s specific pr oposed flight operations. The F AA has previously

granted relief from Section 61.1 13(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11 062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 111 53, 1 11 56, 1 11 58, 1 11 59, 111 60, 1 11 61). MARK R KURZINSKI will not allow any PIC to operate the DJ I Phantom 3 or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requireme nts or the DJ I Phantom 3 or DJIInspire 1 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 or DJ I Inspire 1 UAS in a manner consistent with this exemption, including e vasive and emergency maneuvers and mainta ining appropriate distances from people, vess els, vehicles and structures. Specifically

, the PIC must have accumulated and logged, in a manner consistent with 14 C.F .R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hour s of those hours as a UAS pilot operating the same make and model of UAS to be used for operations18 under the exemption). Inaddition to the hour requirements, the PI C must accomplish 3 takeof fs and landings in the preceding 90 day s (for currency purposes ). As in Exemption Nos. 1 1062, 1 11 38, and 1 11 53, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent leve l of safet y during MARK R KURZINSKI’ s proposed operations. The Administrator h as held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe o perations, stating as follows: In Exemption No. 1 1062, the F AA required that prior to conducting operations for the purpose of mo tion picture filming (or similar operations), the PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 1 1062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the F AA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the ho ur requirements, the PI C must accomplish 3 takeof fs and landings in the preceding 90 day s (for currency purposes). The F

AA finds that at a minimum, the flight hour requirements in Exemption No. 1 1062 are appropriate to practice and build proficiency

in th e skills necessary

to safel y conduct the petitioner ’s proposed operations. The FA A also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Tr aining, proficiency , and e xperience

building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA

with appropriate distances in acc ordance with 14 C.F .R 91.1 19. Exemption No. 1 11 38 at page 15. Accordingl y MARK R KURZINSKI will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom 3 or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 or DJIInspire 1 UAS in a manner consistent with th e exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehic les and structures.19 **CONCLUSION** MARK R KURZINSKI seeks an exemption pursuant to 14 C.F .R. § 1 1.61 and Section 333 of the F

AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 3 and DJI Inspire 1 UAS commerci ally , without an airworthiness certificate, for the li mited purpose of conducting coverage of events, film sets, news, scripted and unscripted television sets and landscape, search and rescue, structural inspections of bridges, pipeli nes, wells, power lines, cell towers, agricultural fields, enhanced real estate listings, and other building or structura l inspections

. By granting this Petition, the F AA Administrator will be fulfilling the Congressional mandate of the F AA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowin g MARK R KURZINSKI dba MidW

est

- Drone Services LLC to safely , ef ficiently , and economicall y operate the DJ I Phantom 3 and DJIInspire 1 UA S commercially within the NAS. WHE REFORE, in accordance with the Federal Av iation Regulations and the F AA Modernization and Reform Act of 2012, Sect ion 333, MARK R KURZINSKI respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F .R Sections 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit MARK R KURZINSKI to operate the DJI Phantom 3 and DJ I Inspire 1 UAS commerciall y for the purpose of conducting aerial vide o and photograph y over certain areas of the United States.
Dated: 3 JANUAR

Y 2015
Ve ry Respectfully Submitte d, Mark R Kurzinski Lieutenant USN(Ret.)20 **APPENDIX**

**– A**  DJIPHANT OM 3 TECHNI CAL SPECIFICA

TI ONS
MARK R KURZINSKI only utilizes safe and reliable UAS

. DJ I is an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which wi ll not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJ I software provides real

- time altitude and location information to the PI C via the linked monitor (smart pho ne/tablet devices).
DJIPhantom 3 1.1 Aircraft 1.1.1 Supported Battery

– DJ I 6000AH L iPo Battery 1.1.2 We ight (Battery

& Propellers Included)

– 2lbs 1 1.810oz (1242g) 1.1.3 Hover Accuracy

(Ready to Fly)

– Ve rtical: .8m; Horizontal: 2.5m 1.1.4 M ax Yaw Angular Ve locity

- 200/s 1.1.5 Max Ti lt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.6 Max Descent Speed

– 2m/s 1.1.7 Max Flight S peed

– 15m/s (NOTRECOMMENDED) 1.2 Gimbal 1.2.1 Wo rking Current

– Static: 750mA; Dy namic: 900mA 1.2.2 Control Accuracy

- ±0.03 1.2.3 Controllable Range

– Pi tch:

- 90

- 0 1.2.4 Maximum Angular Speed

– Pitch: 90/s 1.3 Camera 1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C) 1.3.2 Sensor Size

– 1/2.3” 1.3.3 Ef fective Pixels

– 14M 1.3.4 Resolution

– 4384x3288 1.3.5 HD V

ide o Recording

– 1080p30 & 720p 1.3.6 Recording Field of V iew

- 11 0/85 All specifications can be found in the user manual at: http://www .dji.com/product/phantom

- 3

- pro/info#downloads21 **APPENDIX**

**– B**  DJII NSPI RE 1 TECHNICAL SPECIFICA

TI ONS
MARK R KURZINSKI only utilizes safe and reliable UAS

. DJ I is an industry leader in small UAS production. DJ I UAS are loaded with ground breaking software enabling the user to set parameters which will not allow f

light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJ I software provides real

- time altitude and location i nformation to the PI C via the linked monito r (smart phone/tablet devices).
DJIInspire 1 1.1 Aircraft 1.1.1 Model

– T600 1.1.2 We ight (Battery

I ncluded)

– 6lbs 7.5291oz (2935g) 1.1.3 Hovering Accuracy

(GPS Mode)

– Ve rtical: 0.5m; Horizontal: 2.5m 1.1.4 Max Angular V

elocit y

– Pi tch: 300 0 /s; Yaw: 150 0 /s 1.1.5 Max Ti lt Angle

- 35 0 1.1.6 Max Ascent Speed

– 5m/s 1.1.7 Max Descent Speed

– 4m/s 1.1.8 Max Speed

– 22m/s (A TTImode, no wind

– NOT RECOMMENDED) 1.1.9 Max Flight Altitude

– 4500m 1.1.10 Max Wi nd Resistance

– 10m/s 1.1.11 Max Flight Time

– Approximately 18 minute s 1.1.12 Motor Model

– DJ I 3510 1.1.13 Propeller Model

– DJ I 1345 1.1.14 Operating Temperature Range

– 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 1.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12” 1.2 Gimbal 1.2.1 Model

– ZENMUSE X3 1.2.2 Output Power (with camera)

– Static: 9W; In Motion: 1 1W 1.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 1.2.4 Angular V

ibration Range

- ±0.03 0 1.2.5 Mounting

– Detachable 1.2.6 Controllable Range

– Pitch:

- 90 0 to +30 0 ; Pan: ±320 0 1.2.7 Mechanical Range

– Pitch:

- 125 0 to 45 0 ; Pan: ±330 0 1.2.8 Max Controllable Speed

– Pitch: 120 0 /s; Pan: 180 0 /s 1.3 Tr ansmitter 1.3.1 Name

– C1 1.3.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 1.3.3 Communicating Distance (unobstructed)

– 2000m 1.3.4 Output Power

– 9W 1.3.5 Operating Temperature Range

- 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 1.3.6 Battery

– 600mAh LiPo 2S F All specif ications can be found in the user manual at : http://www .dji.com/product/inspire

- 1/spec