1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

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David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

November 11, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

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, 

I, David C. Eichman, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures 

contained within 14 C.F.R. 11, to request that I, David C. Eichman, an owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, David C. Eichman, 

may operate unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”). 

I, David C. Eichman, have been flying a custom build quadcopter1 (known as UAS #1 herein) and a 3DR Solo2

(known as UAS #2 herein). As described herein I, David C. Eichman, am a Freelance Photographer & 

Videographer within the state of Kansas; experienced in flying hobby planes & multirotor aircraft for 

recreational purposes. I, David C. Eichman, am an AMA (Academy of Model Aeronautics) open member in good 

standing (#1081370). I have flown small RC electric planes & multirotor aircraft for over two (2) years without 

incident. 

Anticipated applications would include aerial photography, videography, inspection, and mapping for 

commercial purposes initially including: 

1. Corporate events: I.E banquets, conventions, awards ceremonies, expositions. 

2. Design & construction professional services: I.E. construction site monitoring, progress 

monitoring, marketing materials. 

3. Commercial photos & video production for businesses. 

4. Thermal video for the building insulation industries. 

5. Real estate video showcasing of residential and commercial grade properties for the 

purpose of resale. 

6. Aerial mapping and plotting of commercial and residential land. I.E. Topography for 

new construction & remodel. 

7. Agricultural planning and inspection of new and existing crops. 

The UAS applications listed above are closed to the general public, providing the opportunity to operate only in 

an area where informed, consenting participants and personnel are present. Use of the UAS(s) for aerial 

photography, videography, inspection, and mapping reduce the need to utilize conventional manned aircraft, 

manned lifting devices or manned climbing for the same purpose and provides very high quality imagery at a 

fraction of the cost. These savings result in enhanced safety, efficiency and productivity for the affected 

activities, as well as environmental benefits. 

I, David C. Eichman, am committed to safety with each flight. My exemption request would permit operation of 

ultra-light weight, UAS(s) in tightly controlled and limited airspace. Predetermined in areas away from general 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

2 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

public, airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled UAS(s) are 

legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

catastrophe. I, David C. Eichman, have personally instilled safety protocols and controls3to avoid and prevent 

public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive 

to lightweight UAS(s) specific to aerial photography, videography, inspection, and mapping applications as I, 

David C. Eichman, record flight data and other information gained through permitted flight operations to share 

with the FAA through any required FAA reports to assist with future protocol and safety regulation. 

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and 

authority to not only integrate UAS(s) into the national airspace system, but to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system” under Section 333(c) of the Reform Act 

specific to the use of UAS(s) for Cinematography/Photo purposes. Further I, David C. Eichman, will conduct my 

operations in compliance with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below I, David C. Eichman, respectfully request the grant of an exemption allowing myself 

to operate ultra-lightweight, remote controlled UAS(s) for aerial photography, videography, inspections, and 

mapping operations that are now conducted with fixed wing and rotary conventional aircraft or other manned 

means of inspections. All of which will promote local economic growth through increased employment and 

increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible 

fuel that poses potential public hazard. 

I. Contact Information

David C. Eichman 

3609 N High Point St. 

Wichita, KS 67205 

(903) 312-5054 

David.C.Eichman@gmail.com 

II. Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to UAS(s)

14 CFR Part 21 14 CFR 91.103 14 CFR 91.405 (a) 

14 C.F.R. 45.23(b) 14 CFR 91.109(a) 14 CFR 407 (a) (1)

14 CFR 61.113 (a) & (b) 14 CFR 91.119 14 CFR 409 (a) (2)

14 CFR 61.133 (a) 14 CFR 91.121 14 CFR 417 (a) & (b)

14 CFR 91.7 (a) and (b) 14 CFR 91.151 (a)

14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) & (b)

III. The Extent of Relief Sought and the Reason I Seek Such Relief

I, David C. Eichman, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331- 334, 

seeking relief from any currently applicable FARs operating to prevent I, David C. Eichman, to pursue aerial 

photography, videography, inspections, mapping and other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public’s interest to do so. My, David C. Eichman’s, ultralightweight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore 

the integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. I would like to 

operate my ultra-lightweight UAS prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such craft. 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

3 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

Thereby, providing direct experience and valuable information for formal regulation that can be administered 

uniformly to all related UAS aerial photography, videography, inspections, and mapping. The Reform Act

guides the Secretary in determining the types of UAS(s) that may operate safely in our national airspace 

system. Considerations include: The weight, size, speed and overall capabilities of the UAS(s); whether the 

UAS(s) will be operated near airports or heavily populated areas; and, whether the UAS(s) will be operated by 

line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for I, David C. 

Eichman. My UAS utilizes four (4) counter-rotating propellers for balance, control and stability. My UAS(s) 

are equipped with GPS and Return to Launch safety technology. Weighing less than ten (10) pounds (far 

below the maximum 55 pound limit); including camera with gimbal. 

I, David C. Eichman, consider safety as foremost with each flight. My small unmanned aircraft is designed to 

hover in place via GPS and operate in less than a 22 knot (25 mph) wind. For safety, stability and fear of 

financial loss I will not fly in winds exceeding 13 knot (15 mph). Built in safety systems include a Position Hold 

Mode that allows my UAS to hover in place when radio control inputs are released. With thirteen (13) 

modes to choose from (8 GPS assisted modes and 5 unassisted), I utilize the Position Hold Mode for aerial 

photography. This is the safest, most reliable, and stable mode to prevent accident and hazard. When pilot 

communication is lost, my UAS is designed to slowly descend to point of take-off. I do not operate my UAS 

near airports, hospitals nor police heliports, and do not operate near areas where general public is within 

fifty to one hundred (50-100) yards depending on location, conditions and weather. 

I, David C. Eichman, am constantly on alert for any manned aircraft (Police/medical helicopters, etc.) and I, 

David C. Eichman, am prepared to land/abort immediately to the nearest and safest ground point should a 

manned aircraft approach my location or I, David C. Eichman, suspect manned aircraft may approach near

my location. My UAS is capable of vertical and horizontal operations, and is flown only within line of sight of 

the pilot & visual observer. 

I, David C. Eichman, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time 

limit for each battery is five (5) to eight (8) minutes for UAS #11

 and eighteen (18) to twenty (20) minutes for 

UAS #22 as tested. I do not operate my UAS at or below manufacturer recommended minimum charge levels 

for operation; preferring to remain well within a safe operating range to insure adequate communication 

between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries 

are at hand with each exercise to insure replacement for sufficient safe level of operation. 

I, David C. Eichman, do not believe in taking risk that may cause a crash that could create hazard to the 

public/property/manned aircraft. I have clocked over 50+ hours of hobby level flights for future commercial 

use to gain familiarization with the characteristics of each UAS(s) performance under different temperature 

and weather conditions. I also practice computerized simulated flights to maintain adequate skills and

response reflex time. 

I, David C. Eichman, am extremely cautious when operating my UAS/ultra-lightweight unmanned aircraft and 

will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given 

the small size and weight of my UAS(s), falls well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UAS into the national airspace

system. The UAS(s), used in hobby flight, has a demonstrable safety record and does not pose any threat to 

the general public or national security. 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

4 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

IV. How David C. Eichman’s Request Will Benefit the General Public

Aerial photography, videography, surveying, inspections, and mapping for the Architectural, Engineering and 

Construction market has been around for a long time through manned fixed wing aircraft and helicopters. 

However, for small budget companies and average design professionals, the expense of such aerial services is 

cost prohibitive. Only large companies can afford to absorb such expenses, depriving smaller companies

from a valuable marketing and construction observation tool. There are many industries, in the state of Kansas, 

in which manned aircraft are used where a UAS can save them time, money, and the safety of the pilot and 

passengers. Manned aircraft can pose a threat to the public through potential catastrophic crashes which may 

result in possible loss of life. My UAS(s) poses no such threat since size and lack of combustible fuel alleviates 

any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS(s) into 

the national airspace system, hence the passing of the Reform Act. Granting my, David C. Eichman’s, 

exemption request furthers the public interest through academic/visual awareness of the geographical 

benefits in and around the state of Kansas. My, David C. Eichman’s, ultra-lightweight UAS(s) are battery 

powered and creates no emissions that can harm the environment. The consequence of my ultralightweight UAS(s) crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, 

contain combustible fuel and can cause catastrophic devastation to the public. 

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photography, 

videography, inspection, and mapping through my battery operated ultra lightweight UAS(s). 

Permitting me, David C. Eichman, to immediately fly within national air space furthers economic growth. 

Granting my exemption request substantially furthers the economic impact for the state of Kansas 

community for companies looking to benefit from aerial photography, videography, surveying, inspections, 

and mapping. Both of which serve as a stimulus to the community. 

V. Reasons Why David C. Eichman’s Exemption Will Not Adversely Affect Safety and How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule

My, David C. Eichman’s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated 

permitting me, David C. Eichman, to log more flight time in FAA controlled airspace, with communication 

with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet 

undiscovered safety protocols for UAS Pilots that can be embraced for development in cooperation with the 

FAA. In addition I, David C. Eichman, submit the following representations of enhancements to current aerial 

videography and photography: 

a. My UAS weighs less than 10 pounds complete with gimbal & camera. 

b. I only operate my UAS below 300 feet (well within the 400 foot permissible ceiling set by the 

FAA Modernization and Reform Act of 2012); 

c. My UAS only operates for 5-8 minutes for UAS #1 & 18-20 minutes for UAS #2 per flight; 

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

e. I pilot my UAS through remote control only by line of sight; 

f. I will have a visual observer, a fellow pilot observer, on site to maintain visual line of sight 

(VLOS) of the UAS at all times; 

g. My UAS has GPS, a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost; 

h. I actively analyze flight data and other sources of information to constantly update and enhance 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

5 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

my safety protocols; 

i. I only operate in reasonably safe environment that are strictly controlled, are away from 

power lines, elevated lights, airports and actively populated areas; 

j. I conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance; 

k. I always obtain all necessary permissions prior to operation; and, 

l. I have procedures in place to abort flights in the event of safety breaches or potential danger. 

My, David C. Eichman’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is 

important to note that absent the integration of commercial UAS(s) into our national airspace system, 

traditional helicopters and fixed wing aircraft are the primary means of aerial photography, videography, 

inspection, and mapping. While the safety record of such helicopters is remarkably astounding, it is far safer 

to operate a battery powered ultra-lightweight UAS.

a. First, the potential loss of life is diminished because UAS(s) carry no people on board and only operate in 

specific areas away from mass populations. 

b. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. 

c. Third, the small size and extreme maneuverability of my UAS(s) allow me to remotely pilot away from 

and avoid hazards quickly and safely. 

d. Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need

not be so close to the objects they are focused on through the technology and use of post editing software 

allowing pan and zoom. 

Accordingly, my UAS(s) has been experimentally operated for familiarization/competency and will continue 

to operate at and above current safety levels. 

VI. A Summary - The FAA May Publish in the Federal Register

A. 14 C.F.R. 21 & 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of My, David C. Eichman’s, UAS(s) permits exemption from Part 21 because my UAS meets

(and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS(s) from the

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and

proximity to areas such as airports and dense populations. My, David C. Eichman’s, current UAS(s) meet or 

exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS(s), this Regulation is inapplicable. An equivalent level of safety will 

be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 3 The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A,10602, 10700 and 32827. 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

6 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global 

positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by 

maintaining any such required certifications and registrations by David C. Eichman. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My 

UAS(s) are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. 

Further, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal 

lettering requirement. Regardless, I will mark my UAS(s) in the largest possible lettering by placing the word 

“EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, or anyone assisting as a 

spotter with the UAS will see the markings. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, David C. 

Eichman, can achieve an equivalent level of safety as achieved by current Regulations because my UAS(s) does 

not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control 

piloting skills. The risks attended to the operation of my UAS are far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, David C. Eichman, to operate my 

UAS(s) meeting and exceeding current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 300 

AGL; safely below the standard of 400 AGL. I, David C. Eichman, will however operate my UAS in safe areas 

away from public and traffic, providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or 

higher level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 

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. 

. . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to 

My, David C. Eichman’s, UAS. However, as a safety precaution I, David C. Eichman, inspect my UAS before 

and after each flight. 
1. Appendix A Custom Build Specifications and User Manual for UAS #1 

2. Appendix B 3DR Solo User Manual for UAS #2 

3. Appendix C Personal Protocols, Controls Checklist, & Flight Log 

7 of 7

David C. Eichman – Section 333 Petition for Exemption / Rulemaking 

A Summary: The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness 

Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area of my UAS permits exemption from Part 21 because My, David C. 

Eichman’s, UAS(s) meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS(s) 

from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. My, David C. Eichman’s, UAS(s) meet or 

exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no pilots or passengers, and given the size of the UAS(s), this Regulation is inapplicable. An equivalent 

level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program 

that involves regular software updates and curative measures for any damaged hardware. Therefore, an 

equivalent level of safety will be achieved. 

F. In summary, David C. Eichman seeks an exemption from the following Regulations

14 CFR Part 21 14 CFR 91.103 14 CFR 91.405 (a) 

14 C.F.R. 45.23(b) 14 CFR 91.109(a) 14 CFR 407 (a) (1)

14 CFR 61.113 (a) & (b) 14 CFR 91.119 14 CFR 409 (a) (2)

14 CFR 61.133 (a) 14 CFR 91.121 14 CFR 417 (a) & (b)

14 CFR 91.7 (a) and (b) 14 CFR 91.151 (a)

14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) & (b)

Granting my request for exemption will reduce current risk levels and thereby enhance safety. My, David C. 

Eichman’s, UAS(s) does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than 

conventional video and photographic aircraft with much less flight time. Further, I operate at lower altitudes 

and in controlled airspace eliminating potential public risk flying to and from established air fields. I, David C. 

Eichman, have been informally analyzing flight information and have compiled safety protocols and the 

implementation of a flight operations manual for UAS usage3 that exceeds currently accepted means and 

methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal 

efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are 

no personnel on board my UAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. 

Operation of my UAS, weighing less than 10 pounds, and travelling at lower speeds within limited areas will 

provide an equivalent level of safety as that achieved under current FARs. Accordingly, I, David C. Eichman, 

respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing 

information to benefit the FAA, safety of manned aircraft, and the general public at large. 

Sincerely, 

David C. Eichman