January 28 th 2016 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue SE Washington, DC 20590
**Exemption petition under Section 333** Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91. 405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b)
To Whom It May

Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R Part 11, I , Mr. Cole Drechsler , an operator of a sma ll Unmanned Aircraft Sy stem (“UAS”) for aerial photograph y, videograph y, surveying, and mapping hereb y appl y for an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial operation of my UAS, so long as such operations are conduc ted within and under the conditions outlined herein or as may be established b y the FAA as required by Section 333.
As described more full y below, the requested exemption would permit the operation of a small, unmanned, and relatively inexpensive UAS unde r controlled conditions in the National Airspace Sy stem (NAS) that is (1) limited, (2) predetermined, (3) subject to controlled access, and (4) provide greater safet y in connection with aircraft operations. As established b y the exemptions already granted by the FAA, approval of my exemption would enhance safety

and fulfill the Secretary

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.” Section 333(c) of the Reform Act. The name and address of the applicant is:
**Name:** Cole John Drechsler ( Petitioner’) **Address:** 411 E. Washington St. Unit 403B Ann Arbor, MI 48104 **Phone:** 951

- 595

- 1247 **Email:** coledre@umich.edu This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider wh ether certain unmanned aircraft s ys tems may operate safel yin the NAS before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following: • The UAS’s size, weight, speed, and operational capability • Operation of the UAS in close proximity to airports and populated areas • Operation of the UAS within visual line of sight of the operator The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authorit y by its terms includes exempting civil aircraft, as the term defined under §40101 of the Act, which includes UASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The UAS that I will be operating weighs less that 55 pounds, including the camera, lens and gimbal. It can reach a top speed of no more then 30 knots. The UAS can hover and can move verticall y and horizontally simultaneously

. I will only operate the UAS in line of sight and will operate only within the designated area of interest. Such operations will insure that the UAS will “not create a hazard to users in the national airspace sy stem of the public.” I seek an exemption to operate the DJ I Phantom 3 model UAS, a quadcopter, for compensation or hire within the NAS. Such activities include, but are not limited to, aerial photograph y and videogra phy , aerial survey, and aerial mapping

. The UAS has a maximum weight less than 3 pounds, maximum speed of 35mph, and a run time of approximately

23 minutes. A cop y of the operating handbook will also be attached to this proposal.
Given the small size of my UAS and the restricted sterile environment within which it will operate, the applicant falls squarel y within the zone of safet y (an equivalent level of safet y) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately . Additionally , due to the size of the UAS and the limited areas in which they will operate, approval of this application presents no national security threat. Given the clear direction in Section 333 of the Reform Act, the autho rity contained in the Federal Aviation Act, as amended; the strong equivalent level of safet y surrounding the proposed operations, and the significant public benefit, including enhanced safet y, reduction in environmental impacts, including reduced emission s associated with allowing UASs for photo and video commercial operations, the grant of the requested exemptions is in the public interest. Accordingl y, I respectfull y request that the FAA grant the requested exemption without delay. **How my request would benefit the public as a whole**  Aerial photograph y and videograph y for estate marketing or an y l egal business utilizing aerial imagery

has been around for an extensive period of time and has been done with manned fixed wing aircraft and helicopters. My partner (Robert Dwy er) and Iwant tobring a more cost effective method for real estate agents to obtain photographs and videos

of their real estate . Most methods involving manned aircrafts are expensive and dangerous to the NAS. Since the UAS I will be using i s small and confined within a zone of safet y, it would be a much more convenient to capture images of real estate. Our services of photographs and videograph y will not be limited to real estate listings but to any small businessperson that would be interested in having aerial photography and videograph y of their property. Unmanned Aircraft Sy stems significantly reduce the potential threat to the public compared to manned aircraft s while also improving the photographs captured of the real estate.
Als o, surveying the local land and displaying it to the general public would raise awareness of the local resources and environment. This would promote conservation of the land in our community. **Aircraft and Equivalent Level of Safety** I propose that the e xemption requested appl y to civil aircraft that have the characteristics and that operate with the limitations listed. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safet y enhancement to the already safe aerial photograph y and videograph y operations conducted with conventional aircraft.
These limitations and conditions to which Iagree to be bound when conducting commercial operations under an FAA issued exemption include:

 The UAS will weigh less than 55 pounds.

 Flights will be operated within line of sight of a pilot and/or observer.

 Maximum total flight time for each operation flight will be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

 Flights will be operated at an altitude of no more that 400 feet AGL or not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer

 UAS Pilot will be Pilot in Command (PI C). If the PI C deems another operator to be qualified with the necessary skills to be PI C, that person can also be designated as PI C provided th ey have a minimum of 50 hours of flight time with the UAS.

 Flights will be conducted at a lateral distance of at least 50 feet from aninhabited structures, buildings, vehicles, vessels, o r people not associated with the operation or who have not signed a waiver in advance of the operation.

 A briefing will be conducted in regard to the planned UAS operations prior t o each day ’s production activities. It will be mandatory that all personnel involved with the operation duties of the flight within the boundaries of the safet y perimeter be present for this briefing.

 For photograph y and videograph y missions, the operator will file a written Plan of Activities to the FSDO three day s before the proposed mission. This Plan of Activities will include:
a. Dates and times for all flights b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption c. Name and phone number of the person responsible for the on

- scene operation of the UAS d. Make, model, and serial or N −Number of UAS to be used e. Name and certificate number of UAS PI Cs involved in the aerial filming f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request g. Signature of exemption holder or representative h. A description of the flight activity , including maps or diagrams of an y area, city , town, count y, and/or state over which f ilming will be conducted and the altitudes essential to accomplish the operation

 Pilot and Observer will be trained in operation of UAS generally and receive up to date information on the particular UAS to be operated.

 All crew members will at all times be able to communicate b y only voice communications as to ensure all crew members maintain a visual contact with the UAS at all times.

 Written and/or oral permission from the relevant property holders will be obtained.

 If the UAS loses communications or loses its GPS signal, it will have the capability to return to a pre

- determined location within the security perimeter and land.

 The UAS will have the capability to abort a fl ight in case of unpredicted emergencies.**The specific section or sections of 14 Code of Federal Regulations (CFR) from which** 

**I seek an exemption:**
14 CFR Part 21 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 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b ) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (1) & (2) 14 CFR 417 (a) & (b) **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 b 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 safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC§44701 (f)) and Section 333 of the 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 anal ys is 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 t o be operated hereunder is less than 55 lbs. full loaded, carries neither pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured 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, to provide securit y for the area of operation as is now done with conventional filming. The FAA will hav e advance notice of all operations. These safet y enhancements, which already appl y to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safet y t o the public and property owners than conventiona l operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H.Lastl y, application of these same criteria demonstrates that there is no credible threat to

national securit y posed by the UAS, due to its size, speed of operati on, 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** The regulation requires: 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 aircraft or experimental or provisionally certificated aircraft , the operator must also display

on the 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” a s applicable. Even though the UAS will have no airworthiness c ertificate, an exemption may be needed as the UAS 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

- i nch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29. The equivalent level of safet y will be provided b y having the UAS marked on its fuselage as required b y §45.29 (f) where the pilot, observe r, and others working with the UAS will see the identification of the UAS as “Experimental.” The FAA has issued the follow exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167, and 10167A. **14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in**  **Command** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C operating the aircraft to have no less than 50 hours of flight time with the UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. **14 CFR §91.7 (a): Civil Aircraft Airworthiness** The regulation requires that 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 of the aircraft and the requirements contained in theManufacturers Operating Manual for maintenance and use of safet y checklists 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) provides: No person may

operate a U.S.

- registered civ il aircraft... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placard s, 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 capacit y to carry such an item on the aircraft. The equivalent level of safet y 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. The FAA has issued the following exemptions to this regulation: Exemp tion Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **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 including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight. **14 CFR §91.109: Flight Instruction** Section 91.109 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 full y functioning dual controls.
UAS and remotel y piloted aircraft, b y their design, do not have full functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communication s. The FAA has approved exemptions for flight training without full functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safet y is provided by the f act that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft. **14 CFR §91.119: Minimum Safe Altitudes**Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9

- 1.119

(d) allow s helicopters to be operated at less than minimums prescribed, provided the person operating the helicopter complies with an y route or altitudes prescribed for helicopters b y the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 200’ above an elevated platform from which filming is planned, an exemption may be needed to allow for such operations. As set forth herein, the UAS will never operate at higher than 400’ AGL with the exception that in circumstances where the UAS is used to survey or photograph y a structure whose height exceeds 400’ AGL, the UAS will not be operated more than 200’ above the highest point on the structure. It will however be operate d in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safet y will be achieved given the size, weight, and speed of the UAS as well as the lo cation where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the propert y owner and participants in the filming activity, all affected individuals will be aware of th e planned flight operations. Compared to flight operations with the aircraft or rotorcraft weight fare more than 55 pounds, proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500’ AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that musty comply with Section 91.119.
**14 CFR §91.121: Altimeter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available be fore departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by

the operator, pursuant to the Manual and Safet y Check List, by receiving altitude information via a digitall y encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . This altitude information will be generated by equipment installed on board the aircr aft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or an y combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot. **14 CFR §91.151 (a) : Fuel Requirements For Flight In VFR Conditions**  Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first poi nt of intended landing, and, assuming normal cruising speed

– (1) During the day , to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”The battery powering the UAS provides approximately 23 minutes of pow ered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights would be not be possible. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time f rame for flight in daylight or twilight VFR conditions is reasonable. I believe that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance wi th FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where onl y people and propert y owners or official representatives who have signed waivers will be allowed, with less that 30 minutes of reserve fuel, does not engender the ty pe of ri sks that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS. I believe that an equivalent level of safety can be achieved b y limiting flights 15 minutes or 25% battery

power, whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from an ywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exempt ion Nos. 2689F, 5745, 10673, and 10808. **14 CFR §91.203 (a) & (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 wi thin it the following: (1) An appropriate and current airworthiness certificate... (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under §91.7 15 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 pounds and is operated without an onboard pilot. As such, there is no ability or place to carry

certification and reg istration document 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. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 CFR §91.405 (a); 407 (a) 1; 409 (a) 1 & 2; 417 (a) & (b): Maintenance Inspections**  These regulations require that an aircraft operator or owner “shall have that aircraftinspected 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...” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 appl y only to aircraft with an airworthiness ce rtificate, these sections will not apply to the applicant. Maintenance will be accomplished b y the operator pursuant to the Flight Manual and Operating Handbook. As the manufacturer does not provide specific maintenance instructions, maintenance will be “o n condition” for all aircraft and each aircraft will have a maintenance log. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry

a small payload and operate only in restricted areas for limited p eriods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400’ AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required m aintenance, and keep a log of an maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety. If the operator encounters a maintenance issue, which cannot be addressed, the UAS will be returned to the manufacturer or a qualified repair facility where such repairs or maintenance can be performed. **A summary we can publish in the Federal Register:** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 40 7 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) to operate commerciall y a small unmanned system for aerial photograph y, videograph y, surveying, mapping and photogrammetry , and scientific & environmental research. Approval of exemptions allowing commercial operations of UASs in the aerial photo and film industry

will enhance safet y b y reducing risk. Conventional aerial photo and film operations, using jet or piston powered aircraft, operate at extremely low altitudes, just feet from the subject be ing filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000 pounds, carry l arge amounts of jet A or other fuel. Such aircraft must fly to and from the film location. In contrast, a UAS weighing less than 55lbs. and powered by batteries eliminates virtually

all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the film set and not flown. The UAS will carryno passengers or crew and, therefore, will not expose them to risks associated with

manned aircraft flights. The operation of small UASs, weighing less than 55 pounds, conducted in the strict conditions outlined above, will provide an equivalent level of sa fet y supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. **UAS Description**
DJIPhantom 3 : Weight (Including Battery And Propellers): 1280 g Diagonal Size (Including Propellers): 590 mm Max Ascent Speed: 5 m/s Max Descent Speed: 3 m/s Hover Accuracy : Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

Horizontal: +/

- 1.5 m Max Speed: 16 m/s (ATTImode, no wind) Max Altitude Above Sea Level: 6000 m Operating Temperature: 0°C to 40°C GPS Mode: GPS/GL ONASS Remote Control : Operating Frequency : 2.400 GHz

- 2.483 GHz Max Distance: 2000m (outdoors and unobstructed) Operating Temperature: 0°C

- 40°C Battery : 6000 mAh LiPo 2S Receiver Sensitivity

(1%PER):

- 101 dBm ±2 dBm Transmitter Power (EIRP): FCC: 20 dBm, CE: 16 dBm Working Voltage: 1.2 A @7.4 V Battery : Capacity : 4480 mAh Voltage: 15.2 V Battery Ty pe: LiPo 4S Energy : 68 Wh Net Weight: 365 g Max Flight Time: Approximately 23 minutes Operating Temperature:

- 10°C to 40°C Max Charging Power: 100 WAlso attached for review is the User Manual

Sincerel y, Mr. Cole Drechsler Mr. Robert Dy

wer