Joseph Kuhl

92 Brook Street We st Sayville, NY 11796 kuhljoe7@gmail.com 631

- 219

- 3683 September 4, 2015 Docket Operations U.S. Department of Transportation (DOT) 1200 New jersey Ave. SE, Rm W 12

- 140 We st Bui l ding Gro und Floor Wa shington, DC 20590

Re : Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3) (c) (d) (e) (f) (g) (h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203, 91.151
Link: Phantom 2 Vision+ User Manual (EN) v1.8 http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_ Manual_v1.8_en.zip

Dear Sir or Madam: This petition is being submitted on my behalf without legal co unsel or consulting services

. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F .R. Part 11, I, Joseph Kuhl, would like to apply for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commerc ial operation of lightweight Unmanned Aircraft Systems (sUAS) for aerial imaging and video of homes in the New York, New Jersey and Connecticut area. I have been Chairman of the Audio Department of Five Town s College for the past 25 years . I earned my pri vate pilot license/instrument rating in 1998 and have never been involved in an accident or incident. I am a member of AOPA (Aircraft Owners and Pilots Association) and the AMA (Academy of Model Aeronautics). I have been flying RC aircraft for ten years an d have been operat ing UAVs for a year. The UAS I will be using for photography is the DJI Phantom 2 Vision Plus which is powered by a battery and has four electric motors

. Max forward speed is 33.5 mph. The UAS weighs 2.7lbs whichincludes battery, props a nd camera. The Phantom 2 Vision Plus has a GPS guided

failsafe function which returns the UAS back to the initial launc h point. The Phantom also has a barometric sensor which transmits altitude back to a smart phone or tablet. Please see attached link to P hantom 2 Vision Plus User Manual for more information. My exemption request would permit operation of ultra

- light weight, unmanned aircraft (piloted by remote control) in predetermined areas away from the general public, airports, helipo rts and vehicular traffic and under 200ft AGL

. All operations will be conducted during the day and a v isual spotter will also be available. I will abide by all FAA requirements to ensure this exemption will provide a level of safety at least equal to existing rules and wil l only operate in a safe environment that is strictly controlled, is away from power lines, elevated lights, airports and actively populated areas; and I will conduct extensive preflight inspections and protocol during which safety carries primary importan ce. **14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates 14 CFR § 91.203** Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I am asking exemption from 14CFR part21, Subpart H (Airworthiness Certifica tes) and §91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations. **14 C.F.R. 45.27(a): Location of marks; non fixed -**  **wing aircraft. 14 C.F.R. 45.29 (3)** (c) **(d) (e)(f)(h): Size of Marks**  Furthermore I request an exemption from §45.23 , m arking of the aircraft , because my UAS will not have a cabin, cockpit or pilot station on which to mark certain words o r phrases. Additionally two inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. I understand the need for markings and will mark my UAS in the largest possible lettering by placing the word "Experimental" or assigned number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting as a spotter will see the markings. I also ask for an exemption from §§91.405{a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and(b). The previously

- cited Regulations require aircraft owners and operators to “have [the] ai rcraft 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to the petitioners UAS. However, as a safety precaution I inspect my UAS regularly as well as before and after each flight and have a maintenance program that involves regular s oftware updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. As a safety precaution , I will perform a preflight inspection of my UAV before each flight as outlined in the operating documents.**14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command.** 

Under §61.113 (a) and(b) private pilots are limited to non

- commercial op erations, however I can achieve an equivalent level of safety as achieved by current regulations be ca use my UAV does not carry any pilots or passengers. I earned my Private pilot license/Instrument rating in 1998 and have flown without any incidents. The risks of operating a UA S are far less than the risk levels inherent in the co mmercial activities outli ned in 14 CFR part61,et seq., I requests an exemption from §61.113 Private Pilo t Privileges and Limitations. I also received formal training on my UA S, as well as fixed win g training , at the U nmanned Vehicle University in Phoenix, Arizona. I was awarded th e UAV Pilot Certificate in July 2015. I am currently enrolled in more classes a t the University and am working on obtaining the UAS Project Management Certificate **14 C.F.R. 91.103 (b) (1}, (b)(2}: Preflight A ction.**  If granted an exemption I agree to addi tional safety procedures including, but not limited to: 1) Keeping my UA S within a radius distance of 1000 feet from the controller aid in direct line of sight visual observation. 2) Operate the UAS for 3

- 7 minutes per flight; land my UAS according to the manufacturer's recommended minimum level of battery power. 3) Operate my UAS only during the day within visual line of sight (VLOS). 4) Use the UAS 's global positioning system and fail safe flight safety feature; it returns to launch point, hovers and the n slowly lands if communication with the remote control is lost. 5) Conduct all operations under my own personal and flight safety protocols (including posting a warning sign reading: "Attention Aerial Photography in Progress

- Remain Back Min 150 feet"). 6 ) I will operate and will actively analyze flight data and other sources of information to constantly update and enhance my safety protocols. 7) Contact respective airports if operations will be within 5 miles to advise them of the estimated flight time, flight duration, elevation of flight and other pertinent information. 8) Always obtain all necessary permissions prior to operation. 9) Have procedures in place to abort flights in the event of safety breaches or potential danger. 10) Calibrate the compass and allow UAS time to establish a GPS home point in the event of lost communications.
**How this Request will benefit the public as a whole** 

**.** Aerial photography for geographical awareness of real estate marketing has been around for years through manned fixed winged aircraft and helicopters. Small businesses are unable to pay the fees associated with such flights. Granting this exemption would allow me to provide thi s service at a much lower cost. Further, my small UAS, when used properly, will pose no threa t to the publi c given its small size and lack of combustible fuel when compared to larger manned aircraft. The ope ration of hisUAS will minimize ecological damage and promote economic growth by providing

informati on to individuals looking to relocate or b uild in the New York area. Thank you.
Sincerely,

Joseph Kuhl