Joseph Kuhl

92 Brook Street

West 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 W12-140

West Building Ground Floor

Washington, 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.djiinnovations.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 counsel 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 commercial 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 Towns College for the past 25 

years. I earned my private 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 and have been operating 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 which 
includes battery, props and camera. The Phantom 2 Vision Plus has a GPS guided 

failsafe function which returns the UAS back to the initial launch point. The Phantom 

also has a barometric sensor which transmits altitude back to a smart phone or tablet.

Please see attached link to Phantom 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, heliports and vehicular traffic and under 200ft AGL. All operations will be 

conducted during the day and a visual 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 will 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 

importance.

14 C.F.R. Part 21, Subpart H: Airworthiness 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 

Certificates) 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, marking of the aircraft, because my 

UAS will not have a cabin, cockpit or pilot station on which to mark certain words or 

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] aircraft 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 software 

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 operations, 

however I can achieve an equivalent level of safety as achieved by current regulations 

because 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 UAS are far less than the risk levels inherent in the commercial activities 

outlined in 14 CFR part61,et seq., I requests an exemption from §61.113 Private Pilot 

Privileges and Limitations. I also received formal training on my UAS, as well as fixed 

wing training, at the Unmanned Vehicle University in Phoenix, Arizona. I was awarded 

the UAV Pilot Certificate in July 2015. I am currently enrolled in more classes at the 

University and am working on obtaining the UAS Project Management Certificate

14 C.F.R. 91.103 (b) (1}, (b)(2}: Preflight Action.

If granted an exemption I agree to additional safety procedures including, but not limited 

to:

1) Keeping my UAS 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 then 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 this service at a much lower cost. Further, my 

small UAS, when used properly, will pose no threat to the public given its small size and 

lack of combustible fuel when compared to larger manned aircraft. The operation of his 
UAS will minimize ecological damage and promote economic growth by providing 

information to individuals looking to relocate or build in the New York area.

Thank you.

Sincerely,

Joseph Kuhl