September 16th, 2015

Docket Operations, M-30

U.S. Dept. of Transportation,

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, C Three Photography LLC, seeks an exemption

from Federal Aviation Regulations (“FARs”) detailed below for the following described

Small Unmanned Aerial System (sUAS) which includes an Unmanned Aircraft (UA) and

ground station-based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

* A lightweight (6.5 lb gross weight with all on-board equipment), manufactured by DJI,

Phantom 3 Pro that includes the following equipment in flight;

* An on-board flight computer with GPS navigation and location ability that receives

signals for flight controls from a ground-based transmitter/controller;

* An on-board camera capable of capturing imagery in the form of full color, high

definition still photos and video;

* An on-board telemetry system that delivers flight data from the on-board flight

computer to the on-board radio transmitter including altitude AGL, horizontal and

vertical speed, compass direction of flight and direction back to its launch site;

* A 2.4GHz on-board radio transmitter that transmits live video from the on-board

camera plus all the flight data from the telemetry system described above;

THE GROUND STATION BASED PART OF THE SYSTEM:

* A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UA while in the air;

* A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in

flight;

* A radio receiver receiving live video and flight data from the on-board camera and

computer projects it all together onto a screen for the PIC to view during flight;

* A Visual Observer (VO) is a person who provides a second pair of eyes to visually

track the UA while in flight.
The requested exemption would support an application for a commercial Certificate of

Authorization to use the above described sUAS System to support aerial photography

and video primarily of real property in order to:

* Provide aerial views of residential property already listed with or to be listed with a

Multiple Listing Service

* Provide aerial views of commercial properties already listed with or to be listed with

the MLS

* To work directly with Real Estate Brokers, Lenders and Appraisers and all of the

above listed affiliates to obtain aerial views for valuations, marketing and overviews of

topography.

* To work with private parties and provide unique still and video of high quality for

personal use.

The UA, 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 flight time of only 23 minutes, this offers little or no risk to national security or

the general public.

Low level oblique photos and video from several angles are far more effective than

ground-based imagery for displaying the characteristics of large, complex properties

with several buildings and large trees. The alternative could be to charter a full-sized

helicopter for this purpose, which has proven more costly than many potential clients

are able to afford. 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 and

marine property.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, the police, the sheriff, et al.,

while remaining subject to all limitations cited in this application as we do so.

The sUAS System will be operated in the field with both a PIC and a VO in accordance

with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with

the following Restrictions:

1) No flight will be made with a UA Gross weight exceeding 55 pounds;

2) All operations must occur in FAA Class G airspace unless prior approval to operate

in other classes has been received from the controlling ATC, at no more than 400 ft

AGL, at an

airspeed of no more than 50 knots and no further than 3/4 NM from the PIC;

3) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

4) Operations will be restricted to flights over property with the permission of the

property owner;

5) The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft
pilot and at least ten hours logged as a UA pilot with a similar UA type;

6) The sUAS System will not be operated over densely populated areas;

7) The sUAS System will not be operated at air shows;

8) The sUAS System will not be operated over any open-air assembly of people;

9) The sUAS System will not be operated over heavily trafficked roads;

10) The sUAS System will not be operated within 5 NM of an airport or heliport without

the prior approval of the controlling ATC;

11) Operations will be restricted to day only and weather conditions equivalent to VFR;

12) The PIC will brief the VO and property owner about the operation and risk before

the first flight at each new location;

13) No flight may be made without a Pre-Flight Inspection by the PIC before each

operation to ascertain that the UA is in a condition safe for flight (see Appendix A).

14) The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227

Section 16 personnel Qualifications. Additionally, the PIC and VO will perform

maintenance on the system and will complete a course of maintenance instruction as

part of their initial training.

We submit that the combination of the UA's light weight, flight performance and ability,

fully qualified flight crew and strict operation under the guidelines established in

8900.227, and under all of the Restrictions (a) through (n) listed above, the FAA can

have full confidence that the operation will have an equivalent or greater level of safety

than manned aircraft performing the same mission.
The name and contact information of the applicant are:

Charles E. Macuga III

C Three Photography LLC

3146 Champions Way

Medina, Ohio 44256

Ph: 216-390-3329

3kcuhc@gmail.com

The equipment used will be DJI Phantom 3 Pro

The regulations from which the exemption is requested are listed below. Beside each

regulation number is the page of the attached Addendum upon which each may be

found together with our proposed equivalent level of safety for each regulation:

- 14 CFR Part 21

- 14 CFR 45.23, 45.29

- 14 CFR 61.56

- 14 CFR 61.113

- 14 CFR 61.133

- 14 CFR 91.9

- 14 CFR 91.105

- 14 CFR 91.109

- 14 CFR 91.119

- 14 CFR 91.121

- 14 CFR 91.151

- 14 CFR 91.203

- 14 CFR Subpart E (91.401 thru 91.417)

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ...Addendum 1

Sincerely,

Charles E. Macuga III
ADDENDUM A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

C Three Photography LLC, 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, Subpart H: 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 sUAS System under either or both of the

following provisions: 21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

Research and development. Testing new aircraft design concepts, new aircraft equipment, new

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights 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 UA 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 where the PIC, VO 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 or banner that contains

the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since
the aircraft will operate within 3/4 NM 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 61.56 Flight Review

This regulation provides for a regular review by an authorized instructor of pilot proficiency in

the type of aircraft for which the pilot is rated.

Since this sUAS does not have a Type Certificate under 14 CFR 21, 23 or 25, we

request exemption from this regulation. Based on the wording of 61.56, the

requirement to complete a review in the aircraft for which the pilot is rated is impossible

to comply with.

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 either Hold a Commercial Pilot

Certificate issued by the FAA, and have logged 25 hours of flight experience in this type

of UA, or Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a

pilot certificate" in which the PIC is required to complete "FAA private pilot ground

instruction" and pass "the FAA Private Pilot written examination." Since there are

currently no means available for the pilot of a UAS to gain the experience in an

equivalent category and class in order to apply for a commercial pilot's license, we

propose to generate an equivalent level of safety by requiring our pilots to complete, at

a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial

Pilot written examination in addition to completing the private pilot requirements. 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 91.9 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 UA Flight Manual (Appendix A) must be available to the crew at the ground

station anytime the aircraft is in, or preparing for flight.
14 CFR 91.105 Flight crew members at stations.

This regulation provides that all crew members must keep safety belts and shoulder harnesses

fastened.

We request an exemption from this regulation because seat belts and shoulder

harnesses are not part of the environment of a sUAS operation.

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."

The sUAS System ground-based control station consists of a small hand-held radio

transmitter and while it does not offer a second set of "controls", both the student and

instructor can, and will, operate the single set of controls simultaneously. With both

student and instructor having "hands-on" the controls during flight, we feel that this

technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 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 aircraft will be operating at a maximum of 400 feet AGL, we cannot comply

with this requirement. In order to provide an equivalent level of safety we will only fly

over private property with the permission of the property owner. The aircraft will not be

operated over congested areas or over any open air assembly of persons. The property

owner will be briefed on the expected route of flight and the associated risks to persons

and property on the ground. 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 UA, the hazard to

persons, vehicles and structures is minimal compared to manned aircraft, which should

be considered in granting the exemption.

14 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 UA 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 UA 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 first 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 UA is battery operated and the maximum duration of

flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft

will never fly more than three-quarter NM from the point of intended landing, a full

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. Additionally, 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 6.5 pounds, the UA is too small 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 co-located 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;

Example: C Three Photography LLC

3146 Champions Way

Medina, Ohio 44256

S/N 999999999

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 flight 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. The PIC will

document work performed in accordance with 91.417. We feel that due to the size,

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

safety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second-class

medical certificate issued under part 67 in order to perform as a pilot or observer. The

UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic

and the PIC is not on board. Both the PIC and the VO are required to be in VLOS.

Given the unlikely event that both the PIC and VO become medically incapacitated

while the aircraft is in flight, the UA will return autonomously to the site of launching and

land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a

commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision

corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision

requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed

driver is medically qualified to operate a much larger vehicle.
ADDENDUM B

FLIGHT RESTRICTIONS and PREFLIGHT CHECKLIST

FLIGHT RESTRICTIONS

* No flight will be made with a UA Gross weight exceeding 55 pounds;

* All operations must occur in FAA Class G airspace unless prior approval to operate in

other classes has been received from the controlling ATC, at no more than 400 ft AGL,

at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC

* All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate verbally at all times during a flight operation;

* Operations will be restricted to flights over property with the permission of the property

owner;

* The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft

pilot and at least ten hours logged as a UA pilot with a similar UA type;

* The sUAS System will not be operated over densely populated areas;

* The sUAS System will not be operated at air shows;

* The sUAS System will not be operated over any open-air assembly of people;

* The sUAS System will not be operated over heavily trafficked roads;

* The sUAS System will not be operated within 5 NM of an airport or heliport;

* Operations will be restricted to day only and weather conditions equivalent to VFR;

* The PIC will brief the VO and property owner about the operation and risk before the

first flight at each new location;

* No flight may be made without a successful Pre-Flight Inspection by the PIC before

each operation to ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST

Remote controller, aircraft battery, and mobile device are fully charged.

Propellers are mounted correctly and firmly.

Micro-SD card has been inserted if necessary.

Gimbal is functioning as normal.

Motors can start and are functioning as normal.

DJI Pilot app connected to the aircraft.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home

feature is activated and will bring the UAV back to the PIC.
ADDENDUM C

AIRCRAFT FLIGHT MANUAL

(See the DJI Phantom 3 Professional documentation available on the internet)