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January 6, 2016
Kevin E Gabriel Dba: AV Flight Simulation, LLC 6402 Stewart Road Galveston, TX 77551 Phone 409-682-4444 Email: kevingab@mac.com

Department ofTransportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590
Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: DJI Phantom 3 Professional User Manual V 1.6

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter ofthe petition of DOUGLAS TRUDEAU 

### 2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC
3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter ofthe petition of FLYING CAM INC In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012, I, Kevin E Gabriel, request exemption from the following sections ofTitle 14, Code of Federal Regulations §§ 61.113(a). 61.113(b). 91.119(c). 91.121. 91.151(a). 91.405(a). 91.407(a)(1). 91.409 (a)(1). 91.409(a)(2). 91.417(a) & (b). 

### In orderto operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) forthe purposes of construction development, real estate, aerial 

### photography and other flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Operations will be performed only at the request of and with the authorization and permission 

### of clients or their authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air systems. 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. The conditions identified and proposed by, Kevin Gabriel, are drawn from references 13.
The FARsI, Kevin Gabriel, request exemption from the above mentioned FARs for the following reasons. I Hold an

Commercial Pilot Certificate 3164358 and hold a Class 3 Medical Certificate. 61.113(a) &(b). I, Kevin E Gabriel request relief in order to facilitate the utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exemptions. A Visual Observer will be used at all times while under this requested exemption.

91. 119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the terms "congested areas" and "densely populated". I, Kevin Gabriel, request waiver for this condition to allow reasonable and responsible operations with safety as my main concern in areas of subdivisions and neighborhoods if required. 91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. 91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 minutes of powered flight. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable. 91.405(a). 91.407(a)(1). 91.409 (a)(1) &(2). 91.417(a) &(b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, Kevin Gabriel, propose to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner's operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected.
The UAS's The DJI Phantom 3 is a small rotorcraft in the quadcopter configuration with a weight of 1280g designed primarily to carry aloft photo equipment. It has a maximum speed of less than 35 knots (16m/s) and a maximum climb rate of less than 1000 feet per minute (6 m/s). It is powered by four eiectric motors. We have enclosed DJI Phantom 3 Professional User Manual V 1.6

Risk mitigation I, Kevin Gabriel, have reviewed FAA exemptions reference's 13 Conditions and Limitations section and believe that the procedures specified therein are reasonable and will be utilized in order to manage and

### mitigate risk and ensure public safety. A preflight checklist will be developed and employed to ensure

that the UAS's airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. I, Kevin Gabriel, request that in a manner similar to reference 3, be allowed to operate within 5 miles of an airport provided that. "The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non towered airport as denoted on a current FAA published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request."

Operations within 5 miles of an airport are not anticipated to be routine but I am requesting a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the lack of mode C transponder.
Public interest Use ofthe UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Our primary use will be photography and video of real estate and land development. The UAS is an ideal tool forthis because of its small size and quiet operation compared to a piloted aircraft or helicopter. It will provide a way for companies to have aerial photography without the need for people to travel in areas that are hard to reach by vehicle or foot. Operations for this petition will enable service for business owners or their designees seeking enhanced business processes like aerial photography and aerial video. A visual observer will be utilized at all times that the UAS is performing duties for compensation and the PIC will hold a Commercial Pilot Certificate. Flight data including UAS flight time, Control Unit operation time, incident, and details will be recorded for each flight and made available to the FAA at any time needed. Any deviations from normal operations will also be recorded and made available to FAA.

Conclusion I, Kevin Gabriel am requesting this exemption for the purposes of aerial photography, aerial video, and other flight operations. The reason for such a general and broad based request is that I, Kevin Gabriel, wish to utilize a business strategy in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. My business model is based on the idea of offering small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their businessSincerely,

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