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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 FARs 
I, 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 business 
Sincerely, 

s 

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Kevl/iJn}Ga`b ri eI 

Operator