DrewMateya 

Steel City NDT LLC 

BlackHawk Aerial Systems 

322 Mall Blvd. Suite 270 

Monroeville, P A 15146 

Cell: 412-765-9585 

Office: 724-212-7322 

Fax: 878-302-3164 

Email: dmateya@steelcityndt.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 2059 

RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 

Attachments: 1) Phantom 2 Vision+ Technical Data 

2) Phantom 3 Technical Data 

3) Phantom Inspire 1 Technical Data 

4) Avyon MD4-200 Technical Data 

5) Avyon MD4-1000 Technical Data 

05/28/15 

References: 1) Exemption No. 11409 Regulatory Docket No. FAA-2015-0187 in the matter 

ofthe petition ofWADE BELL. 

2) SkyLynx, LLC petition for exemption letter. 

Dear Sir or Madam, 

In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under 

section 333 ofthe FAA Modernization and Reform Act of2012, I Drew Mateya, referred to 

hereafter as the petitioner, request exemption from the following sections of Title 14, Code of 

Federal Regulations §§ 

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 61.113(b); 14 CFR 

91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203(a); 14 CFR 91.203(b); 14 CFR 91.405(a); 14 

CFR 91.407(a) (1); 14 CFR 91.409(a) (2); 14 CFR 91.409(a)(2); 14 CFR 91.417(a); 14 

CFR 91.417(b); 

In order to operate small Unmanned Aircraft Systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography, cinematography, videography, mapping, crop surveying, inspection and other 

flight operations that could be performed safely and more cost effectively with the use of small 

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UAS at low altitude within the United States national airspace system as compared to a 

manned aircraft. Operations will be performed only at the request of and with the commerce 

and raise awareness of the beneficial uses of small unmanned air systems. So long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 3 3 3. The conditions identified and proposed by 

the petitioner are drawn from Attachments 1-5. 

The Federal Aviation Regulations (FARs) 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

The petitioner seeks exemption from the above mentioned F ARs for the following reasons; 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing 

or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

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exclusively within a secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

under the requirements and in compliance with local public safety requirements. The FAA 

will have advance notice of all operations. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F .R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UAS, due to its size, speed of operation, location of operation, lack 

of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 CFR §45.23(b): Marking of the Aircraft 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 

6 inches high, the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed 

as the U AS will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage 

as required by §45.29 (f) where the pilot, observer and others working with the UAS will 

see the identification ofthe UAS as "Experimental." 

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations- Pilot in Command 

The petitioner requests relief in order to facilitate the utilization of pilots, who hold a Private 

Pilot (or greater) certificate. Any pilots operating under this exemption would be required to 

comply with any conditions as set forth and in a similar fashion to the previously granted 

exemptions. 

14 CFR §91.7(a): Civil Aircraft Airworthiness 

No person may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

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

for maintenance and use of safety check lists prior to each flight an equivalent level of 

safety will be provided. 

14 CFR §91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft 

Section §91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

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Manual, approved manual material, markings, and placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it. 

14 CFR §91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in 

Section 4 under Normal Procedures including but not limited to reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

14 CFR §91.109: Flight Instruction 

Section §91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. UAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety provided 

by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size 

and speed of the aircraft. 

14 CFR §91.119(c): Minimum Safe Altitudes 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer 

than 500 feet to the ground may require that the UAS be operated closer than 500 feet to 

essential persons, or objects that would not be possible without additional relief. The 

petitioner requests modification, waiver or exemption and clarification concerning the terms 

"congested areas" and "densely populated". The petitioner requests waiver for this 

condition to allow reasonable and responsible operations in areas of subdivisions and 

neighborhoods if required. 

14 CFR §91.121: Altimeter Settings 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for 

altitude information. 

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions 

As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief 

has been granted for manned aircraft to operate at less than the prescribed minimums, 

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific reliefhas 

been granted within Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. 

The UAS provides battery power remaining in percent to the PIC. The UAS batteries provide 

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approximately an average of 25 minutes of powered flight. Information provided in the 

operating documents discusses procedures regarding remaining battery power management. 

Those documents contain a condition in which the PIC will initiate a landing procedure when 

battery remaining reaches a specified level. Given the limitations on proposed operations and 

the location of those proposed operations, The FAA found that a reduced minimum power 

reserve for flight in daytime VFR conditions was reasonable. 

14 CFR §9l.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following: 

( 1) An appropriate and current airworthiness certificate 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to the UAS. 

91.405(a); 91.407(a) (1); 91.409 (a)(1) & (2); 91.417(a) & (b): Maintenance Inspections 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect 

and ensure that the UAS is in a condition for safe flight in accordance with the operating 

documents. The FAA found that adherence to the petitioner's operating documents and the 

conditions and limitations specified, describing the requirements for maintenance, inspection, 

and recordkeeping, were sufficient to ensure that safety would not be adversely affected. 

THE UAS(s) 

DJI Phantom 2 Vision+ 

The DJI Phantom 2 Vision+ is a highly successful consumer grade small rotorcraft in the 

quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed 

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less 

than 30 knots (15m/s) and a maximum climb rate ofless than 1200 feet per minute (6 m/s). It is 

powered by four electric motors with a distance between motors of less than 14 inches 

(350mm). It utilizes an internal inertial measuring unit (IMU) with integrated barometric 

sensor augmented with global positioning system (GPS) to maintain its geospatial orientation 

and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information is transmitted back to a ground control station allowing 

the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance 

from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for 

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either loss of RC or GPS signal. Altitude can be limited by the on board flight controller and 

maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic termination of flight 

and landing will be initiated when the battery reaches a predetermined low state. It is 

anticipated that flights will usually last less than 10 minutes. More information is available in 

Attachment I or http://www.dji.com/product/phantom-2-vision-plus/spec 

DJI Phantom 3 

The DJI Phantom 3 is a new highly successful consumer grade small rotocraft in the 

quadcopter configuration with an advertised weight of 45 Ounces (1280g) designed primarily 

to carry aloft a high definition camera. It has an advertised maximum speed of 31 knots (16 

rn/s) and a maximum climb rate of984 feet per minute (5 m/s). The DJI Phantom 3 is powered 

by four electric motors with a distance between motors of23.22 inches (590 mm). The DJI 

Phantom 3 utilizes and internal inertial measuring unit (IMU) with integrated barometric 

sensor augmented with global positioning system (GPS) to maintain its geospatial orientation 

and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information is transmitted back to a ground control station allowing 

the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance 

from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for 

either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and 

maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 23 minutes. The onboard flight controller will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic termination of flight 

and landing will be initiated when the battery reaches a predetermined low state. It is 

anticipated that flights will usually last less than I 0 minutes. More information is available in 

Attachment 2 or http://www.dji.com/product/phantom-3/spec. 

DJI Inspire 1 

The DJI Inspire 1 is DJis newest and most advanced consumer grade small rotocraft in the 

quadcopter configuration with an advertised weight of less than 103.5 Ounces (2935g) 

designed primarily to carry aloft a high definition camera. It has an advertised maximum 

speed ofless than 42.8 knots (22 rn/s) and a maximum climb rate ofless than 990 feet per 

minute (5 rn/s). The DJI Inspire I is powered by four electric motors with a distance between 

motors of22 to 22.87 inches (559 to 58Imm). The DJI Inspire I utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global positioning 

system (GPS) to maintain its geospatial orientation and position. It is controlled primarily 

through an FCC certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to monitor 

battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and 

control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. 

Altitude can be limited by the onboard flight controller and maximum altitude can be 

preprogrammed by the PIC. Battery life limits flight times to approximately I8 minutes. The 

onboard flight controller will warn the pilot via telemetry and external lighting cues before 

reaching a low battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights will usually 

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last less than 1 0 minutes. More information is available in Attachment 3 or 

http:/ /www.dj i.com/product/inspire-1 /spec 

Avyon MD4-200 

The MD4-200 is Avyon's (Microdrones) smallest consumer grade small rotocraft in the 

quadcopter configuration with an advertised weight of28.2 ounces (800g) designed primarily 

to carry aloft a high definition camera. The MD4-200 has an advertised maximum speed of9.7 

knots (5m/s) and a maximum climb rate of984.25 feet per minute (5m/s). The MD4-200 is 

powered by four electric motors with a distance between motors of21.26 inches (540mm). 

The MD4-200 utilizes an internal inertial measuring unit (IMU), magnetometer (Mag), 

barometric sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. Control and telemetry is provided through an FCC certified radio 

control (RC) unit. Real time video and telemetry information is also transmitted back to a 

ground control station allowing the operator and/or PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has 

failsafe modes of operation for either loss ofRC, GPS signal or low battery level. Altitude can 

be limited by the onboard flight controller and maximum altitude can be preprogrammed by 

the PIC. Battery life limits flight times to approximately 30 minutes. The onboard flight 

controller will warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state. It is anticipated that flights will typically last less than 15 

minutes. More information is available in Attachment 4 or 

http://www.microdrones.com/en/products/md4-200/technical-data/ 

Avyon MD4-1000 

The MD4-1 000 is A vyon' s (Microdrones) consumer grade small rotocraft in the quadcopter 

configuration with an advertised weight of93.47 ounces (2,650g) designed primarily to carry 

aloft a high definition camera. The MD4-1000 has an advertised maximum speed of23.33 

knots (12.0m/s) and a maximum climb rate of22.97 feet per minute (7m/s). The MD4-1000 is 

powered by four electric motors with a distance between motors of 40.55 inches (1,030mm). 

The MD4-1 000 utilizes an internal inertial measuring unit (IMU), magnetometer (Mag), 

barometric sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. Control and telemetry is provided through an FCC certified radio 

control (RC) unit. Real time video and telemetry information is also transmitted back to a 

ground control station allowing the operator and/or PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has 

failsafe modes of operation for either loss of RC, GPS signal or low battery level. Altitude can 

be limited by the onboard flight controller and maximum altitude can be preprogrammed by 

the PIC. Battery life limits flight times to approximately 88 minutes. The onboard flight 

controller will warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state. It is anticipated that flights will typically last less than 30 

minutes. More information is available in Attachment 5 or 

http://www.microdrones.com/en/products/md4- 1 000/technical-data/. 

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RISK MITIGATION & SAFETY 

The petitioner has reviewed FAA exemption reference's 1-3 Conditions and Limitations 

section and the procedures set forth will be utilized in order to manage and mitigate risk and 

ensure public safety. A preflight checklist will be developed and implemented to ensure that 

the UA airworthiness will be verified and documented before flight. Airworthiness will be 

maintained by performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure-prone components. In addition a full safety 

program will be implemented and followed to ensure that further safety precautions are 

followed during operational flights. Full maintenance procedures (SOPs) as well as 

maintenance frequencies shall be developed and documented to reduce and/or eliminate 

failures. 

The petitioner requests that in a manner similar to reference 3, that the petitioner be allowed to 

operate within 5 miles of an airport provided that; 

"The UA may not operate in Class B, C, or D airspace without written approval from 

the FAA. The UA may not operate within 5 nautical miles of the geographic center of a 

nontowered airport as denoted on a current FAA-published aeronautical chart unless 

a letter of agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a NOT AM as required by the operator's COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request." 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is 

requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise. Operations within class B airspace are not requested due 

to the lack of mode C transponder. 

PUBLIC INTEREST 

Use of specified UAS(s) in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft of 

greater proportions, carrying a crew and flammable fuel. Additionally, use of specified 

UAS(s) in order to facilitate commerce could lead to economic growth. Operations for this 

petition will enable service for property owners or their designees seeking an enhanced 

perspective for characteristics, amenities, and benefits of their desired photographic subjects 

that cannot be displayed through ground level videography/photography. Aerial photography 

is a valuable marketing tool that can lead to increased commerce and enhance personal 

photography. Crop surveying applications could lead to decreased use of pesticides and 

fertilizer and conservation of water as well as increased crop yields and decreased costs. 

Aerial surveying and inspections can increase work site efficiency, improve volumetric 

estimations and reduce risks. The petitioner will provide clients with photographic data for 

these purposes on a 'for hire' basis acting as an independent contractor. A visual observer will 

be utilized. Liability insurance will be obtained commensurate with the granting of this request 

for exemption. Flight data including UA flight time, control unit operation time, incident, 

accident, and details concerning any deviations from normal operations will be available to 

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FAA for use in collecting data regarding the use of U AS as part of this application. This data 

may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as 

required. 

CONCLUSION 

The petitioner is requesting this exemption for the purposes of"aerial photography, 

cinematography, videography, mapping, crop surveying, inspections and other flight 

operations". The reason for such a general and broad based request is that the petitioner 

wishes to utilize a business strategy of horizontal integration and maximize economies of 

scope in order to capitalize on opportunities as they may arise in the future without the long 

turnaround time associated with additional exemptions. The petitioner's business model is 

based on the idea of offering ad hoc small UAS services to individuals or companies who 

wish to employ these services as a safe, effective, and legal option to enhance their business 

or hobby. The petitioner's own market research shows pent up demand for these services 

currently exists in the real estate market and other markets are just beginning to emerge. 

Although videography and photography are included in the request, the primary objective will 

be aerial survey of farm crops for precision agriculture. The petitioner has identified 

universities and other agencies that could benefit from the operation requested in this 

application. 

Internet research shows that many are currently operating similar UAS in exactly this fashion 

without, it is assumed, FAA authorization. The petitioner has refrained from engaging in 

commercial use ofthe UAS. The primary purpose of seeking this exemption is to obtain the 

capability to offer those services while remaining in compliance. 

Respectfully Submitted 

Drew Mateya 

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