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”) see ks an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial operatio n 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

**Air craft 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 op eration will be at least as safe, or safer, than a convent ional 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 c onfiguration, 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. A n 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 aircra ft 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 c arried 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 receiv ing 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 U AS, 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 sectio ns 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 m aximum speed of the UAS is 33.5 mph. The UAS is battery powered with no combustible fuels onboard. Maximum flight time for this particular UAS is 25 minutes batt ery 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 t hem 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 functional ity.- 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, region al, 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