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Matthew P. Kasten 118 Dylan Ct. Brighton, II 62012 314-486-4895 Mpkasten1@sbcglobal.net

Date: 10/16/15

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

RE: Amended Petition ofMatthew P. Kasten for Exemption Pursuantto Section 333 oftheFAA Reform Act

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11Matthew P. Kasten, operator ofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photography and videography, News gathering, Aerial Surveying, training, hereby applies for an exemption from the listed FederalAviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long

as such operations are conducted within and underthe 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, ifgranted, would allow Matthew P. Kasten to conduct commercial operations ofsmall unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has set forth in Section 333. Page 2. Matthew P. Kasten asks that if
any part ofthis request is deemed not in compliance, that part be removed and process the remaining ofthis 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 (RotorWing & 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 ofUnmanned Aerial Systems to offer a multitude ofservices, including:

- Aerial surveying

- Event PhotographyNideography

- Agriculture purposes

- Real Estate Photography

- Aerialfilmmaking and photography

- Construction site inspections and monitoring

- Closed setvideo production- News Gathering

Statutory Authority Section 333, titled ' Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for see · g expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333(a) s tes thatthe FAA "shall determine ifcertain unmanned aircraft systems may operat safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act orthe guidance required by se tion 334 ofthis Act." In Section 332(b )(1), Congress made it clearthat Section 333 provides mechanism for "expedited operation authorization" ifseveral factors are me •Petitioner meets all requirements to permitFAA approval ofcommercial UAS operation •

ThePetitionerRequests Relieffrom the Following: Regulations from which the exemption is requested: 14 C.F.R. Part21 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 superiorto helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impactwhich promotes public safety.

We are petitioning for exemption to enable Matthew P. Kasten to operatethe DJI Phantom Professional equippedwith a three-axis camera gimbal and using a High-Defcamera. This sUAS has the failsafe function ofthe autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs ofall command sticks from controllerwill go to the centerposition. Ifthe GPS signal is good enough, the system will automatically trigger Return to Home andwill 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 ofthe propellers. A propellerwill be replaced ifit 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 partswill be used.

FCC Information

This transmitterused for controlling the sUAS complies with part 15 ofthe 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 compliantwith the applicable regulations governing a radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating ourtransmitters, the PIC will maintain a separation distance ofat 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 ofwhich will be 5 hours flying sUAS's.

Trainingwill be conducted at a local Controlled Access flying field. Matthew P. Kasten has the ability to safely train new sUAS Pilots. The PIC instructorwill be at all times be able

assume control ofthe sUAS.

The PIC is responsible for the safe and efficient operation ofthe aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations RiskMitigation to Persons and property Airfield Suitability

The Observer must have thevisual acuity to observe the sUAV and be able to communicate clearly with the PIC. The Observers duties are; warning the PIC ofany impending obstacles in the flight path ofthe sUAS. warningthe PIC ofany deviations in the planned flight path ofthe sUAS.warningthe PIC should any unauthorized personnel appearin the area ofthe planned flight. The Observerwill have the authority to orderthe 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 ofsight ofa pilot and/or observer and will operate at sites that are a 'sufficient distance' from hazard areas. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system or the public."

• Before an operation ofa sUAS within 5NM ofan airportwith 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 ofover 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

Before an operation ofa sUAS within 5NM ofa non-tower controlled, airport operators will be notified and the PIC will give the right ofway to avoid flying in the proximity of full-scale aircraft. At no time will the sUAS be operated within the final approach course and thetakeoffcourse ofany runway. The sUAS will not be operated at an altitude ofover 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 priorto the 30 minute limit.

• The sUA V will be programmed so that it will be operated at an altitude ofno more than 400 feet AGL.

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

• The sUAV operated by the petitionerweighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds ofno more than 40 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size ofthe sUAV and the restricted sterile environmentwithin 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 boardand will thereby reduce currentrisklevels and thereby enhance safety and diminish the likelihood ofdeath or serious bodily injury. With a small payload and maximum tlight time ofonly 20 minutes, this is otTers little or no riskto national security.

Low level oblique photos and video from several angles are far more etTective than ground based imagery for displaying the characteristics oflarge, complex propertieswith several buildings and large trees. The applicants in the pasthave chartered 2-seat full-sized helicopters for this purpose, whichhas proven more costly than many potentialclients have been able to atTord. The benefits ofreduced cost and improved quality ofpresentation from the UAwill bevaluable to and benefit many buyers and sellers ofreal property as well as mitigating riskby not carryingpersonnelfor tlight operations.

(a) No tlightwill be madewith a Grossweight exceeding 55 pounds;

(b) All operations must occurin FAA allowed Class ofairspace at no morethan 400 ft AGL, at an airspeed ofno more than 40 knots and no further thanVisual line ofsight from the PIC;

(c) All operations must utilize a visual observer (VO). TheVO andPIC mustbe able to communicate byvoice at alltimes during a tlight operation;

(d) All required permitswill beobtained from state and local government priorto 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 ofthe sUAS System:

14 CFRPart21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues toworkto develop airworthiness standards for UnmannedAerial Systems,

we request an experimental certificate be issued for theDJI Phantom 3 Professional under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a)Research anddevelopment. Testing new aircraft design concepts, new aircraft equipment,

new aircraftinstallations, new aircraft operatingtechniques, ornew uses for aircraft. (b)Showing compliance with regulations. Conducting flight tests and other operations to show compliance withthe airworthiness regulations including tlights to show compliance forissuance oftype and supplementaltype certificates, flights to substantiate major design changes, and flights to show compliancewith the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercialpurposes such as market surveys, sales demonstrations, and customer crew training,wewould expect that

an experimental certificate would permit our commercialpurpose as well. The aircraftwill
not carry persons orproperty,will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe UA will be at least as safe, ifnot safer, than a conventionally certificated aircraft performingthe same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFRPart21, Subpart 

### H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks. 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 theword "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, orpilot 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 ofsafety by including theword "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity ofthe aircraftwhile it is preparingfor launch will be able to see the designation. Additionally, we feel that the permanentplacard 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 orbanner that contains the words "UnmannedAircraft in Use" in letters 

### 3 inches high or greater. Since the aircraftwill operatewithin Line ofSight ofthe ground station, the banner should bevisible to anyone that observes the aircraft and chooses to investigate its point oforigin.

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 ofan aircraft for compensation orhire. Subparagraph (b) allows a private pilot to act

as pilot in command ofan aircraft in connectionwith any business or employment if: (1) Theflight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. Ourproposed operations require thatthe PIC musthold at least a Sport Pilot Certificatewith a Drivers License and since the aircraft cannot carry passengers orproperty,we feel we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.

14 CFR91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides thatno person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis 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 aircraftis not only too small to carry documentation, the documentation would not be available to the crew duringflight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, we propose that a current, approved sUAS FlightManualmust be available to the crew atthe ground station anytime the aircraftis in, orpreparingfor, flight.

14 CFR91.109 FlightInstruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." Trainingwill be conducted at a local Limited Access flying field. Matthew P. Kasten has the ability to provide " Safe DualTraining". The PIC instructorwill be at all times be able assume control ofthe sUA V.

91.119 Minimum safe altitudes: GeneraL The regulation states that over sparsely populated areas the aircraftcannotbe operated closerthan 500 feet to any person,vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles or structures itwould be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property orpersonswhere permission has been obtained and carefulpre-planned flight path has been performed. The aircraftwill be operated at a low altitude allowing, ifa power unitfails, an emergency landingwithout undue hazard to persons orproperty on the surface. Thereforewe maintain that due tothe small size ofthe UAS, thehazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

CFR91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft. An Above Ground Level altimeter measurement above the takeoff point is transmittedvia radio from the sUAS on-board computerto the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR91.151 Fuel requirements for flight in VFRconditions. The regulation provides that no person may begin a flight in an airplane underday-vFR conditions unless there is enough fuel to :fly to the fli'St point ofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy
reserve as a safety bufferfor delays to landing. The sUAS is battery operated and the maximum duration offlight from a single battery charge is 20 minutes with a 25% reserve. Since the aircraftwill never :fly more than line ofsightfrom the point ofintended landing, a fuU battery charge at launch will ensure thatwe meet the reserve energy requirement ofthis paragraph. We request an exemption to theword "fuel" and askfor an equivalent interpretation with the word "energy".

14 CFR91.203(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 atthe cabin or cockpit entrance so that it is legible to passengers orcrew." At a maximum gross weight of6.1 pounds, the sUAS is too smaU to carry documentation, does not have an entrance, and is not capable of carrying passengers orcrew. To obtain an equivalent level ofsafety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft,we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containingthe following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR91.205(a), (b), (c) Instrument and Equipment Requirements This regulation provides a minimum set ofinstruments and equipment required for day and night VFR flight. Due to the small size ofthe sUAS itwould be impossible to carry many ofthese 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 ofthe sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205

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(b) 10 is not applicable as the landing gear position can beverified visually before landing. 91.205 (b) 15 Due to the size itwould be impossible for the sUAS to carry any known ELT. 91.205 (c) Much ofthis equipmentis too heavy to be carried by the sUAS. We feel that visual contactwith the sUAS and indications provided via the controllerthat all critical information can be monitored.

14 CFR SubpartE (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations Theregulation provides thatthe operatoris primarily responsible for maintaining the aircraft in an airworthy condition, including compliancewith part39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approvedfor return to service by a person authorized under 43.7" after maintenance and inspection. Itis ourintention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto every ffight and in addition conduct detailed inspections afterevery two hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All othermaintenancewill be performed bythe manufacturerortheirdesignated repairfacility. We feel that due to the size, construction, and simplicity ofthe aircraft, thePIC can ensure an equivalent level of safety.

Safety and Benefits ofthe UAS Matthew P. Kasten will be using the UAS in a variety ofapplications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerialvehicles offer myriad benefits overthe use offull-sized manned aircraft for electric powerline inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,justto name a few. Replacing significantly larger manned aircraft carryingcrew and flammable fuel with smaiiUAS carrying no passengers or crew creates a much greater margin ofsafety for the pilots and

crew. By grantingMatthew P. Kasten's requested exemptions, the FAA will help drive development ofsafe and successful commercial UAS operations andwill advance the public knowledge base for such operations. Matthew P. Kasten is committed to promotingthe UAS research efforts ofpolicymakers 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 companywould use, under\

authorization by the US DOT-FAA, are small, light-weight devices operatedwithin the line of sight ofthe Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or otherlocation with aviation activities, unless the airtraffic control authorities {ATC) have been notified and have authorized each flight within a radius ofthis 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 thatthe 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 ofSUAs such as ours.

Forthe 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 otheroperating parameters deemed necessary and appropriate by the FAA. The submission ofthis 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 underreasonably safe conditions. Ifany individual aspect ofthis request for exemption be unacceptable we askthatitbe struckalone and the remainder of the exemption be allowed as requested.

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