Paul M Keehn

1200 Galapago St. Apt. 404

Mobile (231) 330-1993

paulkeehn@hotmail.com

June 22, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room Wl2-140

1200 New Jersey Avenue, SE VIA ELECTRONICALLY

Washington, DC 20590 VIA

Re: Exemption Request under 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 Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. Part 11 , Paul Keehn seeks an exemption from Federal Aviation Regulations ("FARs") detailed 

below for the following described Unmanned Aerial System, which includes a Phantom 3 Professional

quad-copter Unmanned Aerial Vehicle (UAV) and ground station-based equipment and crew:

THE DJI PHANTOM 3 PRO UNMANNED AIRCRAFT (UAV):

• A lightweight (maximum gross weight of 3 pounds), electric motors powered by batteries and operated 

with four rotors in the form of a quad-copter that takes off and lands vertically, manufactured by DJI, 3-

axial camera stabilization system;

• An on-board flight computer with GPS navigation and location ability that receives signals for flight 

controls from a ground-based transmitter/controller;

• A camera capable of capturing imagery in the form of full color, high definition still photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board 

radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and 

direction back to its launch site;

• A 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus all the flight 

data from the telemetry system described above; Frequency 2462MHz

THE GROUND STATION-BASED PART OF THE SYSTEM:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who 

controls the UA while in the air;

• A lOOmW, 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

• A radio receiver receiving live video and flight data from the on-board camera and computer projects it 

all together onto a screen for the PIC to view during flight;

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in 

flight.

The requested exemption would support an application for a commercial Certificate of Authorization to 

use the above described UAV System to conduct aerial vidiography and cinematography to enhance 

academic community awareness for those individuals and companies and augment real estate listing 

pictures and videos.
The UAV, powered by batteries, is smaller, lighter, requires no fuel, and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby 

reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious 

bodily injury. With a small payload and maximum flight time of only 25 minutes with maximum air speed of 

30 knots, this is offers little or no risk to national security.

Low-level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristics of large, complex properties with several buildings and large 

trees. The applicants in the past have chartered 2-seat full-sized helicopters for this purpose, which has 

proven more costly than many potential clients have been able to afford. The benefits of reduced cost and 

improved quality of presentation from the UAV will be valuable to and benefit many buyers and sellers of 

real property.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who 

might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all 

limitations cited in this application as we do so. The UAV System will be operated in the field with both a 

PIC and a Visual Observer in accordance with FAA Policy N 8900.227 Section 14 "Operational 

Requirements for UAS" and with the following Restrictions:

(a) No flight will be made with a UAV Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed of no 

more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the property owner;

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UAV rotorcraft pilot and at least ten hours 

logged as a UAV pilot with a similar UAV type;

(f) All required permits will be obtained from state and local government prior to operation;

(g) The UAV System will not be operated over densely populated areas;

(h) The UAV System will not be operated at air shows;

(i) The UAV System will not be operated over any open-air assembly of people;

(j) The UAV System will not be operated over heavily trafficked roads;

(k) The UAV System will not be operated within 5 NM of an airport or heliport;

(1) Operations will be restricted to day only and weather conditions equivalent to VFR;

(m) The PIC will brief the VO and property owner about the operation and risk before the first flight at 

each new location;

(n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain 

that the UAV is in a condition safe for flight (see Appendix A).

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training.
We submit that the combination of the UAV's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an 

equivalent or greater level of safety than manned aircraft performing the same mission.

The name and contact information of the applicant are:

Attn: Paul M. Keehn

Phone: (231) 330-1993

Email: paulkeehn@hotmail.com

The Title 14 Code of Federal Regulations from which the exemptions are requested and listed below. 

Beside each regulation number is the page of the attached Addendum upon which each may be found 

together with our proposed equivalent level of safety for each regulation:

-14 CFR Part 21 ......................................... Addendum Page 4

-14 CFR 45.23(b)................ ...... ... ... ...........Addendum Page 4

-14 CFR 61.113(a); 61.113(b); ...... .................Addendum Page 4

-14 CFR 91.7(a); 91.9(b)(2); 91.103(b) .............Addendum Page 4

-14 CFR 91.109; 91.119; 91.12l..................... Addendum Page 3

-14 CFR 91.151 (a); 91.203(a) & (b) .... ........... Addendum Page 4

-14 CFR Subpart E (91.405(a); 91.407(a)(l) .... .. Addendum Page 4

-14 CFR Subpart E (91.409(a)(2); 91.417(a) & (b)) Addendum Page 4

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l) ... Addendum Page 4

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact us at any time if you require additional information or clarification. We look forward 

to working with your office.

Sincerely,

Paul M. Keehn

Addendum containing Exemption Requests and Equivalent Level of Safety

Appendix A -Flight Manual

Appendix B-Owner's Manual for DJI Phantom 3 Pro (UAV)

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Paul Keehn requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the UAV System:

14 CFR Part 21, Subpart H: Airworthiness Certificates

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance of type

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations.
Section 45.23(b) prescribes that 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.

Section 61.113(a) and (b) prescribes that

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, 

act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with 

any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

Section 91.7 (b) prescribes that the pilot in command of a civil aircraft is responsible for determining 

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when 

unairworthy, mechanical, electrical, or structural conditions occur.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof.

Section 91.1 03 (b) prescribes that a pilot shall for any flight, become familiar with runway lengths at 

airports of intended use, and takeoff and landing distance information.

Section 91.1 09( a) prescribes, in pertinent part, 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.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft.

(c) Over other than congested areas.

An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft.

If the operation is conducted without hazard to persons or property on the surface

(1) A helicopter may be operated at less than the minimums prescribed in paragraph

(b) or (c) of this section, provided each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section.
Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set available within 100 NM of the aircraft " ...to the elevation of the 

departure airport or an appropriate altimeter setting available before departure."

Section 91.151 (a) prescribes that no person may begin a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, ( 1) during the day, to fly after that for at least 30 

minutes [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within 

it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate 

issued to its owner or, for operation within the United States the second copy of the Aircraft registration 

Application as provided for in § 4 7.31 (c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate 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.

At a maximum gross weight of 5.3 pounds, the UA is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and 

meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will 

be co-located with the crew at the ground control station and available for inspection upon request.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the 

chapter.

Section 91.407(a)(l) prohibits, in pertinent part, any person from operating an aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to 

service by a person authorized under§ 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate 

in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that (a) Each registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, 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 Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis.

(iv) 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.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, 

the method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is

required.
(vi) Copies of the forms prescribed by§ 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:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed.

(2) 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.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service.

Concluding, the Phantom 3 Pro aircraft (UA) will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the UAV's lightweight, being constructed 

primarily of carbon fiber and plastic, we propose that the UAV will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission.

If an airworthiness certificate is not appropriate for this application, then we request an exemption of 14 

CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety.

The UA is battery operated and the maximum duration of flight from a single battery charge is 25 minutes 

with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, 

a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. 

We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy".

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC 

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed 

inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All other 

maintenance will be performed by the manufacturer or designated repair facility. The PIC will document 

work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety.

The UAV maximum gross weight is 3.0 pounds and the PIC is not on board. Both the PIC and the VO are 

required to be in VLOS. Given the unlikely event that both the PIC and VO become medically 

incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and 

land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot 

carrying passengers in a large aircraft is an unnecessary burden.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above takeoff point is 

transmitted via radio from UA on-board computer to display screen held by the PIC, providing a constant 

updated AGL readout.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and 

a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can 

see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.
UAV Operating Parameters

The petitioner states that he will abide by the following additional operating conditions under this

exemption:

• operate his UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid 

in direct line of sight visual observation

• operate the UAS for 18 minutes per flight;

•land his UAS prior to the manufacturer's recommended minimum level of battery power;

• operate his UAS only within visual line of sight (VLOS);

•use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly 

lands if communication with the remote control pilot is lost;

•conduct all operations under his own personal and flight safety protocols (including posting a warning 

sign reading: "Attention Aerial Photography in Progress-Remain Back 150 feet") contained in the 

operating documents and will actively analyze flight data and other sources of information to constantly 

update and enhance his safety protocols;

•contact respective airports if operations will be within 5 miles to advise them of his estimated flight time,

flight duration, elevation of flight and other pertinent information;

•always obtain all necessary permissions prior to operation; and

•have procedures in place to abort flights in the event of safety breaches or potential

danger.

APPENDIX A-FLIGHT MANUAL

FLIGHT RESTRICTIONS

(a) No flight will be made with a UA Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed of no 

more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

verbally at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the property owner;

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten 

hours logged as a UA pilot with a similar UA type;

(f) All required permits will be obtained from state and local government prior to operation;

(g) The UAV System will not be operated over densely populated areas;

(h) The UAV System will not be operated at air shows;

(i) The UAV System will not be operated over any open-air assembly of people;

G) The UAV System will not be operated over heavily trafficked roads;

(k) The UAV System will not be operated within 5 NM of an airport or heliport;

(1) The UAV System will not be operated over properties smaller than two acres in size;

(m) Operations will be restricted to day only and weather conditions equivalent to VFR;

(n) The PIC will brief the VO and property owner about the operation and risk before the first flight at each 

new location;

(o) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UAV is in a condition safe for flight.
PRE-FLIGHT CHECKLIST

(1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected premature 

descent;

(2) Check all wiring connections are tight;

(3) Check all propellers are undamaged and no cracks exist in any structural members of the UAV;

(5) Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all control 

switches to forward or down position and throttle control stick full back position;

(6) Connect UA main battery, check for radio contact with UAV's radio receiver;

(7) At a location different from previous flight, re-set GPS and compass to current location;

(8) Turn on transmitter, gimbal and camera.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

1. Failsafe = ON If radio contact is not restored, the UAV

2. Throttle =50°/o will automatically continue at 60ft.

3. Mode = ATTl above its last elevation before losing

4. Failsafe= OFF contact toward its takeoff point, then Mode= G descend and land there autonomously