Keegan	Kliman

PO	Box	1815 Kings	Beach, CA	96143 keegankliman@yahoo.cm ( 650)	521

- 2522

I,	Keegan	Kliman	of	372	Rim	Dr,	Tahoe	Vista,	CA 96148 and	Owner/Operator of	Flyman	Media,	am	writing	you	to	request	exemption	from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption would all ow me to operate the PHANTOM 2 quad

- copter unmanned aircraft system (UAS) to conduct aerial v ideography and cinematograp hy to enhance awareness for those individuals and companies unfamiliar with the geographical layout of t he

Tahoe/Truckee area and augment real estate listi ng and resort promotional videos

.

**I request relief from the following reg ulations:** 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates , and airworthiness approvals.

Section 45.23(b) prescribes that when marks include only the Roman capita l 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 pr ivate 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 com pensation 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 compensat ion 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 shalldiscontinue 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 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airpor ts of intended use, and takeoff and landing distance information.

Section 91.109(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

h as fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the fol lowing altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergenc y 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 withi n 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 fe et 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 t han 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

- co ntrol 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 “...t o 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 con ditions) 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 fr om 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 Aircra ft registration Application as provided for in § 47.31(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 displa yed at the cabin or cockpit entrance so that it is legible to passengers or crew.

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 prescri bed in part 43 of the chapter.

Section 91.407(a)(1) 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 op erate 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, a nd 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

Adminis trator) 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 ti me 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 curren t 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 t he 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 followin g 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 p aragraph (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 a re repaired and the aircraft is approved for return to service.

**Supporting Information:**

At the end of this document, I have included: 1) Supplemental Response for Petition, 2) PHANTOM Flying Flow Chart V1.0 , PHANTOM Quick Start Manual v1.7, 3)

PHANTOM 2 User Manual 4) restricted areas map, and 5) personal safety protocol s and

controls

.

Unmanned Aircraft System

I plan to operate a UAS, the PHANTOM 2, which is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is re ferred to as a quad

- copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximumairspeed of 30 knots. I plan to attach a small ultra

- lightweight GoPro H ero 3 camera to my UA and operate the UA over various areas near Lake Tahoe, California to enhance geographical awareness and augment real estate listing and resort promotional videos. I will follow these operational enhancements to ensure this exemption w ill provide a level of safety at least equal to existing rules:

• I	will	only	operate	in	reasonably	safe	environments	that	are	strictly controlled,	are	away	from	power	lines,	elevated	lights,	airports	and	actively populated	areas.

• I	will	conduct	extensive	p reflight	inspections	and	protocols,	during	which safety	carries	primary	importance.

I believe that given the size, weight, speed, and limited operating area associated with th e aircraft , an exemption from 14 CFR part 21, Subpart H (Airworthiness Certific ates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

I reques t an exemption from § 45.23 Marking of the aircraft because my UA will 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 a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this , I will mark my UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that I or anyone assisting me as a spotter will see the marking s.

I believe that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certifica te. However, as a safety pre caution I will perfo rm a preflight inspection of my UAS befor e each flight as outlined in my operating

documents.

UAS Pilot in Command (PIC)

I	assert	that under § 61.113 (a) and (b) private pilots are limited to nonco mmercial operations, however I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry any pilots or pas sengers. Further , while helpful, a pilot license will not ensure remote control piloting ski lls. T he risks of operating a UAS are far le ss than the risk levels inherent in the commercial activities

outlined in 14 CFR part 61, et seq., thus I request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational traini ng, I have flown nume rous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS’ performan ce under different temperature and weather

condi tions.

In a supplemental request to the FAA, I request consideration of a 120 day temporary

airman certificate in accor dance with § 63.13, to allow me time to obtain a private pilotcertificate or to allow the FAA time to establish minimum UAS airman certification

standards.

UAS Operating Par ameters

I will abide by the following additional operating conditions under this exemption:

• operate my 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;

• op erate the UAS for 3

- 7 minutes per flight;

• land my UAS prior to the manufacturer’s recommended minimum level of battery power;

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

• use the UAS’ global positioning system (GPS) flight safe ty feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under my own personal and flight safety protocols (including posting a warning sign reading: “Attention Aerial Photograp hy 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 with in 5 miles to advise them of 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 ev ent of safety breaches or potential danger.

§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. S ince there is currently no certificate applicable to his operation, this regulation is inapplicable.

§ 91.9(b)(2) requir es an aircraft flight manual in the aircraft, however since there are no pilots or passengers on boa rd my aircraft and given it ’ s size, this regulation is

in applicable. I assure you that an equivalent level of safety will be achieved by maintaining a safet y/flight manual with the UAS ground station.

§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. I will not operate my

UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitude s.” G iven the size,weight, m aneuverabi lity, and speed of my UAS, an equivalent or higher level of safety

will be achieved.

§ 91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS with a

barometric sensor.

Public Interest

Aerial videography for geographical awarene ss and real estate and resort marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost

- prohibitive. Granting this exemption

would allow me to provide this ser vice at a much lower cost. My small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. T he operation of my UAS will minimize ecological damage and promote economic growth by providin g information to companies and prospective

homeowners looking to reloc ate or build in the Tahoe/Truckee area.**Phantom Flying Flow Chart:**Phantom	Quick	Start	Manual:Phantom	2	User	Manual: See	attached.

Restricted	Areas Map:

United	States:

West	Coast:Personal Safety Protocols	and	Controls:

Pre

- flight:

- Check	batteries,	and	make	sure	to	only	use	fully	charged	batteries

.

- Check	and	install	all	propellers	manually	before	each	flight

.

- Set	up	a	warning	sign	at	each	shoot	t hat	says,	“Attention	Aerial	Photography	in Progress:	Remain	Back	150	Feet”

- Check	batt eries	and	ensure	functionality of	remote	control	and	POV	screen.

- Check	connection	of	transmitter	and	receiver	for	POV	screen.

- Check	to	make	sure	all	software	for	Phantom	2 and	Gimbal	is	up

- to

- date

During	Flight:

- Only	have	Phantom	2	in	the	air	for	3

- 7	minutes	per	flight/battery.	(Battery	life	is	20

- 25 minutes	on	full	charge)

- Operate	Phantom	2	only	within	visual	line	of	sight.

- Use	GPS	system	to	ensure	safe	landing	should	the signal	from	the	remote	control	be

lost.

- Operational	hours	will	be limited	to	daylight	hours ( between	dawn	and	dusk )

.

- Only	operate	in	favorable	weather:	wind	speeds	less	than	10	mph,	no	precipitation,	and good	visibility.