.. 

Matthew P. Kasten 

118 Dylan Ct. Brighton, II 62012 

314-486-4895 

Mpkasten1@sbcglobal.net 

Date: 10/16/15 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

RE: Amended Petition of Matthew P. Kasten for Exemption Pursuant to Section 333 

of the FAA Reform Act 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform 

Act) and 14 C.F.R. Part 11Matthew P. Kasten, operator of Small Unmanned Aircraft 

Systems ("sUASs") equipped to conduct aerial photography and videography, News 

gathering, Aerial Surveying, training, hereby applies for an exemption from the listed 

Federal Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long 

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

may be established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the operation of 

small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace 

that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, 

would allow Matthew P. Kasten to conduct commercial operations of small unmanned 

aircraft systems ("UAS") meeting or exceeding all of the operational and safety 

requirements Congress has set forth in Section 333. Page 2. Matthew P. Kasten asks that if 

any part of this request is deemed not in compliance, that part be removed and process the 

remaining of this request as applicable. 

Kasten Photography is a Photography company owned and run by Matthew P. Kasten. 

Mr. Kasten has 25+ years' experience in the air medical industry (Rotor Wing & Fixed 

Wing). Also very active in Radio Controlled Aircraft for over 5 years with experience in 

rotary wing aircraft. 

Matthew P. Kasten plans to exploit the capabilities of Unmanned Aerial Systems to offer a 

multitude of services, including: 

- Aerial surveying 

- Event PhotographyNideography 

- Agriculture purposes 

- Real Estate Photography 

- Aerial filmmaking and photography 

- Construction site inspections and monitoring 

- Closed set video production 
- News Gathering 

Statutory Authority Section 333, titled ' Special Rules for Certain Unmanned Aircraft 

Systems", provides a mechanism for see · g expedited FAA authorization of safe civil UAS 

operations in the NAS. Section 333(a) s tes that the FAA "shall determine if certain 

unmanned aircraft systems may operat safely in the national airspace system before 

completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of 

this Act or the guidance required by se tion 334 of this Act." In Section 332(b )(1 ), Congress 

made it clear that Section 333 provides mechanism for "expedited operation 

authorization" if several factors are me • Petitioner meets all requirements to permit FAA 

approval of commercial UAS operation • 

The Petitioner Requests Relief from the Following: 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F .R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121Page 3 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft Systems UASs are oftentimes seen as superior to helicopters due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety. 

We are petitioning for exemption to enable Matthew P. Kasten to operate the DJI Phantom 

Professional equipped with a three-axis camera gimbal and using a High-Def camera. This 

sUAS has the failsafe function of the autopilot system which means when the 

communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from controller will go to the center position. If the GPS 

signal is good enough, the system will automatically trigger Return to Home and will land 

safely. 

Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal 

and Camera 

A Pre-flight inspection will be performed by the PIC in accordance with the factory 

instruction manual. An added step will be the inspection of the propellers. A propeller will 

be replaced if it has any nicks and cracks with a manufacturers authorized propeller. 
\ 

The sUAS will be maintained in accordance with the manufacturers instruction manual 

and only manufacturer's authorized replacement parts will be used. 

FCC Information 

This transmitter used for controlling the sUAS complies with part 15 of the FCC rules. 

Operation is subject to the following two conditions: 

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference 

received, including interference that may cause undesired operation. 

The radio transmitters used for controlling the sUAS is wireless technology which has been 

tested and found to be compliant with the applicable regulations governing a radio 

transmitters in the 2.400GHz to 2.4835GHz frequency range. 

Antenna Separation Distance 

When operating our transmitters, the PIC will maintain a separation distance of at least 

5 em between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna 

to meet RF exposure safety requirements as determined by FCC regulations. 

Pilot in Command and Observer Qualifications and Duties 

The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical 

certificate or drivers license, plus at least 1 hours flying time and 3 takeoffs and landings 

within the previous 90 days in the type ofUAS utilized in operations. The PIC will have at 

least 10 hours flying Radio Controlled Model Aircraft of which will be 5 hours flying 

sUAS's. 

Training will be conducted at a local Controlled Access flying field. Matthew P. Kasten has 

the ability to safely train new sUAS Pilots. The PIC instructor will be at all times be able 

assume control of the sUAS. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation, in flight operation, post flight requirements, all 

procedures including but not limited to: 

Safe in flight operations 

Risk Mitigation to Persons and property 

Airfield Suitability 

The Observer must have the visual acuity to observe the sUA V and be able to communicate 

clearly with the PIC. 

The Observers duties are; 

warning the PIC of any impending obstacles in the flight path of the sUAS. 

warning the PIC of any deviations in the planned flight path of the sUAS. 
warning the PIC should any unauthorized personnel appear in the area of the planned 

flight. 

The Observer will have the authority to order the PIC to terminate the flight should he feel 

the flight cannot be conducted safely. 

General Operating Standards 

Matthew P. Kasten will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from hazard areas. Such operations will 

insure that the sUAS will "not create a hazard to users of the national airspace system or 

the public." 

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAS will be operated. The sUAS will not be operated at an 

altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot 

ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUAS be operated within the final approach course 

and the takeoff course of any runway. The sUAS will not be operated at an altitude of over 

400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

• The sUA V will be programmed so that it will be operated at an altitude of no more than 

400 feet AGL. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUAV operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbals). 

• The sUA V will operate at speeds of no more than 40 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUA V and the restricted sterile environment within which they 

will operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The UAS, powered by batteries, is smaller, lighter 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 tlight time 

of only 20 minutes, this is otTers little or no risk to national security. 

Low level oblique photos and video from several angles are far more etTective 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 atTord. The benefits of reduced cost and improved quality of presentation from 

the UA will be valuable to and benefit many buyers and sellers of real property as well as 

mitigating risk by not carrying personnel for tlight operations. 

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

(b) All operations must occur in FAA allowed Class of airspace at no more than 400 ft 

AGL, at an airspeed of no more than 40 knots and no further than Visual line of sight 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 tlight operation; 

(d) All required permits will be obtained from state and local government prior to 

operation; 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Matthew P. Kasten requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, 

we 

request an experimental certificate be issued for the DJI Phantom 3 Professional under 

either or 

both of the following provisions: 

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 tlights 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. Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would expect that 

an 

experimental certificate would permit our commercial purpose as well. The aircraft will 

not carry 

persons or property, will not carry fuel, and will only fly under strict operational 

requirements. 

Combined with the UA's light weight, being constructed primarily of carbon fiber and 

plastic, we 

propose that the UA will be at least as safe, if not safer, than a conventionally certificated 

aircraft performing the same mission. If an experimental 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 outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display 

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to it 

by the FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the 

PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while 

it is preparing for launch will be able to see the designation. Additionally, we feel that the 

permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station 

a high contrast flag, sign or banner that contains the words "Unmanned Aircraft in Use" 

in letters 3 inches high or greater. Since the aircraft will operate within Line of Sight of the 

ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot 

in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot 

to 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. Our proposed operations require that the 

PIC 

must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft 

cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph 

(b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the F ARs, this 

Regulation is 

inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the 

aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for 

flight 

instruction unless that aircraft has fully functioning dual controls." Training will be 

conducted at a local Limited Access flying field. Matthew P. Kasten has the ability to 

provide " Safe Dual Training". The PIC instructor will be at all times be able assume 

control of the sUA V. 

91.119 Minimum safe altitudes: 

GeneraL The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size of the UAS, the hazard to persons, vehicles and structures is minimal compared 

to manned aircraft, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS 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 the takeoff 

point is transmitted via radio from the sUAS on-board computer to the display screen held 

by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to :fly to the fli'St point of intended landing and to fly 

after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAS is battery operated and the 

maximum 

duration of flight from a single battery charge is 20 minutes with a 25% reserve. Since the 

aircraft will never :fly more than line of sight from the point of intended landing, a fuU 

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". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned 

to the aircraft and a registration certificate must be aboard the aircraft. AdditionaUy, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.1 

pounds, 

the sUAS is too smaU 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 

with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23. 

14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements 

This regulation provides a minimum set of instruments and equipment required for day 

and night VFR flight. Due to the small size of the sUAS it would be impossible to carry 

many of these instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS 

has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held 

controller. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less 

than the maximum required by this exemption and has no effect on performance. 91.205 
.. 

(b) 10 is not applicable as the landing gear position can be verified visually before landing. 

91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 

91.205 (c) Much of this equipment is too heavy to be carried by the sUAS. We feel that 

visual contact with the sUAS and indications provided via the controller that all critical 

information can be monitored. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. 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." 

The 

PIC will ensure that the aircraft is in an airworthy condition prior to every ffight 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 their designated repair facility. We feel that due to the 

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of 

safety. 

Safety and Benefits of the UAS 

Matthew P. Kasten will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer myriad benefits over the use of full-sized manned aircraft for electric power line 

inspection, 

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a 

few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with 

smaiiUAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and 

crew. 

By granting Matthew P. Kasten's requested exemptions, the FAA will help drive 

development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. Matthew P. Kasten is committed to promoting the 

UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by 

sharing data from its commercial UAS operations and serving as a resource for future UAS 

research operations. Thus, the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which our company would use, under 
\ 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line 

of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 

miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation 

activities, 

unless the air traffic control authorities {ATC) have been notified and have authorized each 

flight 

within a radius of this distance. 

All our SUAs have proven capability for controlled flight. They are devices offered for 

general 

sale on the market around the world and have often been used as Model Aircraft in the 

USA. 

We are certain that the studies conducted until now by the FAA, about Section 332, Public 

Law 

112-95, 2014, have already provided you with the assurances on the airworthiness of SUAs 

such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted Matthew P. 

Kasten should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating parameters deemed necessary and appropriate by the 

FAA. 

The submission of this application and its contents is the best demonstration that indeed it 

is 

possible to pursue the authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions. If any individual aspect of this 

request for exemption be unacceptable we ask that it be struck alone and the remainder of 

the exemption be allowed as requested. 

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Matthew P. Kasten