US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

October 3 , 2015



### Matthew Yodis
8303 SW 10th Ave. Portland, Oregon 97219 mactown@mac.com
503 710 8179

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act an d Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14

CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act")



### and 14 CFR 

### Part 11 Matthew Yodis operator of Unmanned Aircraft Systems (UAS), hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, that the relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airw orthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

UAS, provided such operations are conducted within and under the conditions outlined herein or

as may be established by the FAA as requir ed by Section 333.

Thank you in advance for your considerationCommercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas:



### 1. Crops

2. Real Estate



### 3. Search & Rescue



### 4. Oceanic Thermal Imaging



### 5. Terrestrial Thermal Imaging

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

as set forth in this document under controlled conditions in t he NAS that would be a) limited b)

controlled c) predetermined and d) safe. Approval of this exemption would increase public

awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) res ponsibilities to " .... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is



### Matthew Yodis
8303 SW 10th Ave. Portland, Oregon 97219 mactown@mac.com

503 710 8179

Regulations from which the exemption is requested : 14 CFR Part 21 subpart H 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 (b) (c) (d)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)



### P ursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 14 CFR § § 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

### Matthew Yodis will operate one 

### or more of the Following model UAS: 

### DJI Inspire 1 and DJI Phantom Pro

Aircraft



### DJI Phantom Pro



## 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	ac tive)	or	+/

- 0.5	m

• Horizontal:	+/

- 1.5	m Max	Speed 16	m/s	(ATTI	mode,	no	wind)

Max	Altitude	Above	Sea	Level

6000	m Operating	Temperature

0°C	to	40°C Gps	Mode GPS/GLONASS

Camera

Sensor Sony	EXMOR	1/2.3”	Effective	pixels:	12.4	M	(total	pixels:	12.76	M)

Len s FOV	94°	20	mm	(35	mm	format	equivalent)	f/2.8,	focus	at	∞ Iso	Range

100

- 3200	(video)	100

- 1600	(photo) Shutter	Speed

8s

- 1/8000s Image	Max	Size

4000	x	3000 Still	Photography	Modes

• Single	Shot

• Burst	Shooting:	3/5/7	shots

## • Auto	Exposure	Bracketing	(AEB):	3/5

• Bracketed	Frames	at	0.7EV	Bias

• Time

- lapse Video	Recording	Modes

• UHD:	4096x2160p	24/25,	3840x2160p	24/25/30

• FHD:	1920x1080p	24/25/30/48/50/60

• HD:	1280x720p	24/25/30/48/50/60

Remote	Controller

Operating	Frequency

2.400	GHz

- 2.483	GHz

Max	Distance 2000m	(ou tdoors	and	unobstructed) Video	Output	Port

USB Operating	Temperature

0°C

- 40°C Battery

6000	mAh	LiPo	2S

Mobile	Device	Holder For	tablet	or	phone 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

DJI	Inspire	1

Aircraft

Model

T600 Weight	(Battery	Included) 2935	g Hovering	Accuracy	(Gps	Mode)

Vertical:	0.5	m

Horizontal:	2.5	m Max	Angular	Velocity

## Pitch:	300°/s Yaw:	150°/s Max	Tilt	Angle

35° Max	Ascent	Speed 5	m/s Max	Descent	Speed 4	m/s Max	Speed 22	m/s	(ATTI	mode,	no	wind) Max	Flight	Altitude

4500	m Max	Wind	Speed	Resistance 10	m/s Max	Flight	Time Approximately	18	minutes

Motor	Model DJI	3510 Propeller	Model DJI	1345 Indoor	Hovering Enabled	by	default Operating	Temperature	Range

- 10°	to	40°	C Diagonal	Distance

559	to	581	mm

Dimensions

438x451x301	mm Power	Spectral	Density 9.06mW/MHz

Gimbal

Model

ZENMUSE	X3 Operating	Current

Station:	750	mA

Motion:	900	mA Angular	Vibration	Range

±0.03° Mounting

Detachable

## Controllable	Range

Pitch:

- 90°	to	+30°

Pan:	± 320° Mechanical	Range

Pitch:

- 125°	to	+45°

Pan:	±330° Max	Controllable	Speed Pitch:	120°/s Pan:	180°/s

Camera

Name

X3

Model

FC350

Total	Pixels

12.76M

Effective	Pixels

12.4M Image	Max	Size

4000x3000 Iso	Range

100

- 3200	(video)

100

- 1600	(photo) Electronic	Shutter	Speed

8s

- 1/8000s Fov	(Field	Of	View)

94°

Cmos Sony	EXMOR	1/2.3”

Lens 20mm	(35mm	format	equivalent)f/2.8	focus	at ∞ 9	Elements	in	9	groups

Anti

- distortion Still	Photography	Modes Single	shoot Burst	shooting:	3/5/7	frames Auto	Exposure	B racketing	(AEB):	3/5	bracketed	frames	at	0.7EV	Bias

Time

- lapse Video	Recording	Modes UHD	(4K):	4096x2160p24/25,	3840x2160p24/25/30

## FHD:	1920x1080p24/25/30/48/50/60 HD:	1280x720p24/25/30/48/50/60 Max	Bitrate	Of	Video	Storage 60	Mbps Supported	File	Formats

F AT32/exFAT Photo:	JPEG,	DNG Video:	MP4/MOV	(MPEG

- 4	AVC/H.264) Supported	Sd	Card	Types

Micro	SD Max	capacity:	64	GB.	Class	10	or	UHS

- 1	rating	required.

Remote	Controller

Name

C1 Operating	Frequency 922.7~927.7	MHz	(Japan	Only)

5.725~5.825	GHz

2.400~2.483	GHz Transmitting	Distance	(Outdoor	And	Unobstructed)

2	km Eirp 10dBm@900m,	13dBm@5.8G,	20dBm@2.4G Video	Output	Port
USB,	mini

- HDMI Power	Supply

Built

- in	battery

Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security is sues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest.

Ac cordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations

will further enhance the saf ety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (F OM)

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and

camera.2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be opera ted within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% batte ry power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

6. Min imum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a

minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days'

Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Mete orological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 m ile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advance d permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate b y voice and/or radio at all times.17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an

automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or e mergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as re quired by 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 safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§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 analysis

of these criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and under the conditions pro posed 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 to be operated hereunder is less than 55 lbs. fully load ed, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated 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. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with ai rworthiness certificates issued

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration num ber 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

14 C.F.R. § 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 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. Even though the UAS

will have no airworthiness certificate, an exemption ma y 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 inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20, 2015 The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in comm and of an aircraft that

is carrying passengers or property for compensation or hire. The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14

CFR 61. It is believed that the operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §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 exemp tion be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2) : Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S.registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is availab le in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, 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 capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pil ot flying the UAS will have immediate access to it.

14 C.F.R. § 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 n ot be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that

aircr aft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a

control box that communicates with the aircraft via radio communicat ions. the FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor p assengers will be carried in the aircraft and by the size and speed of the

aircraft.14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to opera te 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 such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception tha t in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated 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 safety will be achieved given the size, weight, and speed of the UAS as well as the location 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 property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional air craft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121
Altimeter Setti ngs. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the al titude of the launch site shown on the GPS altitude indicator before flight. 14 C .F.R. § 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

unles s (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

### power

- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating

area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Cer tification 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 within it the following: (1) An appropriate and current airworthiness certificate



### . . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or c rew. The UAS fully loaded weighs well under the proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level ofsafe ty 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.

1 4 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Main tenance Inspections. These regulations require that an aircraft operator or owner "shall have that 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...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these section s will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the

UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of s afety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the

UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator

will ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.

Additional Information.

The applicant, 

### Matthew Yodis believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 3 33 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's UAS. 

### The applicant,

Matthew Yodis requests your respective approval of this Section 3 exemption petition request.

Thank you for your attention in this matter. Please notify Matthew Yodis of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,



### Matthew YodisDJI Manual Link :

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf