08/21/2015

U. S. Department Of Transportation

Docket Management System 

1200 New Jersey Ave.,

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderation of Reform Act of 2012 (the “Reform Act”), Kevin D Nagel 

(the “Applicant”), Operator of an Unmanned Aircraft Systems (“UAS”) seeks an exemption from the 

Federal Aviation Regulations (“FARs”) to allow for commercial operation of aerial imaging and video of 

real property (listed real estate, private properties, golf courses, resort properties) and events 

(weddings, festivals, receptions, parties & concerts).

Applicant

Kevin D Nagel 

309 Huron St 

Houghton Lake, MI 48629

Aircraft Type & Specifications:

Make: DJI

Model: Phantom 2 Vision Plus

Weight: 2.74 LBS

Diagonal Size: 23.25 IN

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)
14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Extent of relief, and purpose:

14 CFR Part 21 subpart H

The UAS to be operated carries neither pilot nor passenger and carries no explosive materials or 

flammable liquids. Given the size, weight, speed and limited operating area associated with the aircraft 

to be utilized, I request exception. In the restricted environment and under the conditions proposed 

operation will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness 

certificate without said restrictions.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety check list prior to each flight an equivalent level of safety will be 

provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is 

no room, capacity, or pilot on board to adequately carry flight manual. An equivalent level of safety will 

be maintained by keeping the flight manual at ground control point where the pilot will have immediate 

access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. 

Normal procedures including but not limited to; reviewing weather, flight battery requirement, landing 

and takeoff distances, along will all of those found in attachment “DJI Pilot Training”. An equivalent level 

of safety will be provided by preflight protocol, to properly match the machine.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved 

through the use of a control box that communicates with the aircraft via radio communications. The 

equivalent level of safety provided because neither a pilot nor passenger will be carried in the aircraft, 

and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b)
I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not 

carry pilot nor passenger. While helpful, a pilots’ license will not ensure remote control piloting skills.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. I believe 

an exemption may be needed. An equivalent level of safety is achieved by the operator receiving live 

flight data monitoring and confirming current altitude along with altitude of launch site shown on GPS 

altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to carry certificate 

and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately 

carry such documents. An equivalent level of safety will be achieved by keeping these documents, to the 

extent they are applicable to the UAS, at the ground control point where pilot has immediate access to 

them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these sections only apply to aircraft with an airworthiness certificate, these sections do not apply 

to this applicant, as a safety precaution, operator will perform preflight inspections and ensure UAS is in 

working condition before initiating each flight.

Kevin D Nagel is seeking relief from all FARs above preventing applicant from conducting aerial 

photography and video of real property and events taken at levels less than 400ft. The UAS to be used is 

a DJI Phantom 3 Advanced. At 2.74 pounds, the weight of the UAS meets the definition of “small 

unmanned aircraft” found in section 331 “The Reform Act”. The maximum speed of the UAS is 33.5mph. 

The UAS is battery powered with no combustible fuels onboard. Maximum flight time for this particular 

UAS is 25 minutes battery life, and all flights to be terminated with 25% battery life remaining. Given the 

size, weight, speed, and limited operating area associated with the aircraft to be utilized I find this 

exception to be reasonable with an equivalent, or greater, level of safety to be reached by the operator.

Safety 

Please see attachment “DJI Pilot Training” for safety precautions I use for every flight.

Additionally:

- I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the 

airport manager has been made.

- I land my UAS prior to manufacturer recommended minimum level of battery power.

- I pilot my UAS through remote control by line of sight.

- My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position 

and them slowly lands if communication with remote control pilot is lost.

- I actively analyze flight data and other sources of information to constantly update and enhance 

safety protocols.

- I conduct extensive pre-flight inspections to ensure aircraft functionality.
- I always obtain all necessary permissions prior to operation; and, I have procedures in place to 

abort flights in the event of potential danger.

Public Interest

The use aerial imagery made possible with the use of a UAS is a dynamic marketing resource for real 

estate, hospitality and event clientele. It allows them to provide their customer viewpoints only 

available from an elevated position. This type of imagery when combined with a great marketing 

strategy boosts revenues and stimulates local, regional, and national economies. It can also 

indirectly benefit other businesses in the area by encouraging tourism. Through the use of a UAS, 

aerial imagery can now be captured much more efficiently and cost effectively than traditional 

aviation methods saving time, fuel, emissions, and possibly even human life in the event of a 

mechanical failure.

Thank you for your consideration.

Kevin D Nagel