October 15 , 2015

Kenneth Sides 7119 Labrador Ln Mechanicsville, VA 23111 757.761.1329 kside001 @gmail.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. §§ Part 21; 45.23(b); 61.113(a)&(b); 91.7(a) ; 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (1) (2); 91.417(a)&(b)

Dear Sir or Madam:

I, Kenneth Sides , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Kenneth Sides , an owner and operator of small unmanned aircrafts, be exempted from the Federal Aviation Regulation s (“FARs”) listed below so that I, Kenneth Sides may operate my small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

I, Kenneth Sides , have over fifteen years of digital photography experience as well as over fifteen years of experience in the field of Remote Controlled Aircraft . Using the DJI Phantom 3 1 , I, Kenneth Sides , intend to provide aerial video and photography services in the areas of building inspections, real estate, site surveys, aerial mapping, and special events to include but not limited to weddings, private or public parties/events, environmental studies, and other outdoor recreational facilities and landscapes.

1 Attac hment

– DJI Phantom 3 Advanced Specifications

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 1I, Kenneth Sides , am committed to safety with each flight. My exemption request would permit

operation of a UAS(s) in areas away from the general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos or videos/ photos of other similar events

.

I. Contact Information:

Kenneth Sides 7119 Labrador Lane Mechanicsville, VA 23111 757.761.1329 kside 0 01 @gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Kenneth Sides Requests Exemption are:

III. The Extent of Relief Kenneth Sides Seeks and the Reason He Seeks Such Relief:

I, Kenneth Sides , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Kenneth Sides , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may operate my small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). The Reform Act in Section 332 provides for such integration of civil unma nned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, Kenneth Sides ’ , light

- weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the (next page)

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 2integration of my light weight UAS is expressly contemplated by the Reform Act. The Reform Act guides

the Secretary in determining the types of UAS's th at may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's, whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated b y line of sight 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Kenneth Sides . My UAS utilizes four (4) counter

- rotating propellers for balance, control and stability and is equipped with a GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit) ; including camera with gimbal.

I, Kenneth Sides , will operate the Phantom 3 in a safe manner, using the following checklists as well as operating procedures to determine that the aircraft is physically and electronically ready for safe flight and that permission from the property ow ner/representative is received when applicable.

Pre

- flight Checklist:

 Survey the property for hazards, such as trees, utility poles /lines and other elements that might compromise safe flight including dense vehicular traffic or crowds . If the location is not deemed safe , the flight will be aborted immediately.

 Check the weather for wind speed, cloud cover
, and any forecast changes that might adversely affect flight safety and performance.

 Closely e xamine the aircraft
, - verifying connections and searching for cracks and loose parts.

 Verify the electronic elements are performing correctly (receiving 6 or m ore GPS signals along with calibration of the magnetic compass).

o Determine that the barometric altimeter reflects approximately 0 feet AGL. (Phantom 3 only)

o Following takeoff, hover at an altitude of approximately 10 feet to assure that the Home Point is correctly located . Then exercise all controls to confirm their functionality, if any of the controls is not functioning, the flight will be terminated immediately.

 During Flight, the pilot will always:

 Give right

- of

- way to any manned aircraft

 Stay clear of FAA controlled airspace at airports (generally a five nautical mile radius) as well as restricted and prohibited zones.

 Fly no higher than 400' and no further than 1000' from the Home Point, recognizing that the primary responsibility is to safely keep the aircraft safely within VLOS.

 Stay clear of clouds and fog (500' vertically and 2,000' horizontally).

Post

- flight Checklist:

 Inspect the UAS to determine its physical and electronic condition. Examine the aircraft

- looking at connections and searching for cracks and loose parts.

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 3IV. How Kenneth Sides ’ Request Will Benefit the Public as A Whole:

Aerial videography and photography has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies and individuals, the expense of such ae rial videography and photography is cost prohibitive. Only large companies and high

- income individuals can afford to absorb such expense. Manned aircraft pose a threat to the public through potential catastrophic crashes resulting in a potential loss of li fe. My, Kenneth Sides ’ , UAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS’ into the nat ional airspace system, hence the passing of the Reform Act. My, Kenneth Sides , light

- weight UAS is battery powered and creates no emissions that can harm the environment.

V. Reasons Why Kenneth Sides ’ Exemption Will Not Adversely Affect Safety Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Kenneth S ides ’ , exemption will not adversely affect safety for the following reasons:

 My UAS weighs less than 5 pounds complete with a small light

- weight high defini tion (HD)
camera. I only operate my UAS below 400 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012).

 I land my UAS prior to manufacturer recommended minimum level of battery power.

 I pilot my UAS through remote control/FPV only by line of sight.

 My UAS has GPS with a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost.

 I only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas.

 I conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance.

 I always obtain all necessary permissions prior to opera tion.

VI. A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. § 21, 14 C.F.R. § 91 and 91.151: Airworthiness Certificates, Manuals and the Like

14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements fo r procurement of necessary airworthiness certificates in relation to FAR § 91.203(a) (1). The size, weight and enclosed operational area of my, Kenneth Sides ’ , UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FA A to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size,

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 4speed, maneuverability and proximity to areas such as airports and dense populations. My, Kenneth Sides ’ , current and projected UAS’ meet or exceed each of the elements.

14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where s afety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.151(a) with the condition that the PIC does not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the s ame reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Kenneth Sides

.

B. 14 C.F.R. § 45.23: Marking of the Aircraft Applicable Codes of Federal Regulation re quire aircraft to be marked according to certain specifications. My, Kenneth Sides , UAS is, by definition, unmanned. Therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is diff icult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I, Kenneth Sides , will mark the UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F. R. § 45.29 (f) so that I, Kenneth Sides , the pilot, will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitation s: PIC Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to non commercial operations. I, Kenneth Sides , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 5pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Kenneth Sides , to operate my UAS in a manner that meets and exceeds current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. § 91.119: Minimum Safe Altitudes 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude g reater than 400 AGL; safely below the standard of 400 AGL. I, Kenneth Sides , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections The above

- cited Regulations require, amongst other things, 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 para graph (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 my, Kenneth Sides ’ , UAS. However, as a safet y precaution, I, Kenneth Sides , inspect my UAS before and after each flight.

A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14

. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworth iness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permit exemption from Part 21 because my, Kenneth Sides ’ , UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both piece s of legislation permit the FAA to exempt UAS’ from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the el ements. 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14

. § 91.9 (b) (2) requires an aircraf t flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 69299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Kenneth Sides seeks an exemption from the following Regulations: 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91.103 (b); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a) (1); and, 14 C.F.R. § 91.417 (a) & (b)

I, Kenneth Sides , am requesting this exemption for the purposes of aerial photography, cinematography, videography, inspections and other flight operations. The reason for such a general and broad based request is that I, Kenneth Sides , wish to utilize a business strat egy that capitalizes on opportunities as they may arise in the future. My, Kenneth Sides ’ , business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business.

Granting my, Kenne th Sides ’ , request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable t han conventional video and photographic aircraft. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. There are no personnel on board my, Kenneth Sides ’ , UAS and t herefore the likelihood of death or serious bodily injury is significantly diminished. My, Kenneth Sides ’ , operation of my UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Kenneth Sides , respectfully request that the FAA grant my exemption.

Respectfully submitted,

Kenneth Sides

Attachment s : DJI Phantom 3 Advanced Specifications

Kenneth Sides ’ Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 754 © 2015 DJI. All Rights Reserved. 

### Appendix

Specifications

Aircraft Weight (Battery & Propellers Included) 1280 g

Max. Ascent Speed 5 m/s Max. Descent Speed 3 m/s Max. Speed 16 m/s (ATTI mode, no wind) Max. Flight Altitude 6000 m Max. Flight Time Approximately 23 minutes Operating Temperature 0°C to 40°C
GPS Mode GPS/GLONASS
Gimbal Controllable Range Pitch: - 90° to + 30° Vision Positioning Velocity Range < 8 m/s (2 m above ground) Altitude Range 30 cm-300 cm Operating Range 30 cm-300 cm Operating Environment Brightly lit (lux > 15) patterned surfaces
Camera
Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M)
Lens FOV 94° 20mm(35mm format equivalent ) f/2.8 ISO Range 100-3200(video) 100-1600(photo) Electronic Shutter Speed 8s -1/8000s Image Max. Size 4000 x 3000

Still Photography Modes Single shot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5
Bracketed frames at 0.7EV Bias Time-lapse

Supported SD Card Types Micro SD Max. capacity: 64 GB. Class 10 or UHS-1 rating required

Video Recording Modes UHD : 4096x2160p 24/25, 3840x2160p24/25/30 FHD:1920x1080p 24/25/30/48/50/60 HD:1280x720p 24/25/30/48/50/60
Max. Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG-4 AVC/H.264) Operating Temperature Range 0°C to 40°C© 2015 DJI. All Rights Reserved. 55 Remote Controller Operating Frequency 2.400 GHz-2.483 GHz Transmitting Distance 2000 m (Outdoor And Unobstructed) Video Output Port USB Operating Temperature Range 0°C- 40°C Battery 6000 mAh LiPo 2S
Mobile Device Holder Tablets and smartphones Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm Working Voltage 1.2 A @7.4 V Charger Voltage 17.4 V
Rated Power 100 W Intelligent Flight Battery ( PH3-4480 mAh-15.2 V ) Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight 365 g Operating Temperature -10°C- 40°C Max. Charging Power 100 W

Aircraft Status Indicator Description

Normal Red, Green and Yellow Flash Alternatively Turning on and Self-Diagnostics

Green and Yellow Flash Alternatively Aircraft Warming Up Green Flashes Slowly Safe to Fly (P-mode with GPS and Vision Positioning)

X2 Green Flashes Twice Safe to Fly (P-mode with Vision Positioning but without GPS)

Yellow Flashes Slowly Safe to Fly (A-mode but No GPS and Vision Posi

tioning) Warning Fast Yellow Flashing Remote Controller Signal Lost Slow Red Flashing Low Battery Warning
Fast Red Flashing Critical Battery Warning
Red Flashing Alternatively IMU Error

— Solid Red Critical Error
Red and Yellow Flash Alternatively Compass Calibration Required56 © 2015 DJI. All Rights Reserved. Intelligent Flig ht Mode
Intelligent Flight mode includes Course Lock, Home Lock, Point of Interest (POI), Follow Me and Waypoints features to assist users to create professional shoots during the flight. Course Lock and Home Point lock helps to lock the orientation of aircraft so that the user can focus more on other operations. Point of Interest, Follow Me and Waypoints mode enable aircraft to fly automatically according to the pre-set flight maneuvers.

Course Lock Lock the current nose direction as the aircraft’s forward direction. The aircraft will move in the locked directions regardless of its orientation (yaw angle).
Home Lock Pull the pitch stick backward to move the aircraft toward its recorderd Home Point.

Point of Interest The aircraft will orbit around the subject automatically to allow the operator can be more focus on framing their shoot on the subject in Point of Interest.

Follow Me A virtual tether is created between the aircraft and the mobile device so that the aircraft can track your movement as you move. Note that Follow Me performance is subject to the GPS accuracy on the mobile device.

Waypoints Record a flight path, then the aircraft will fly along the same path repeatedly while you control the camera and orientation. The flight path can be saved and re-apply in the future.

Enable Multiple Flight Mode by launching the DJI GO app > Camera View > > Advanced Settings > Mulitple Flight Mode before using the Intelligent Flight Mode f or the first time.© 2015 DJI. All Rights Reserved. 57 FCC Compliance
FCC Compliance This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.

Compliance Information

FCC Warning Message Any changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment. This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

FCC Radiation Exposure Statement: This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance 20cm between the radiator& your body. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.

Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: —Reorient or relocate the receiving antenna. —Increase the separation between the equipment and receiver. —Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. —Consult the dealer or an experienced radio/TV technician for help.

IC RSS warning This device complies with Industry Canada licence-exempt RSS standard (s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device. Le présent areil est conforme aux CNR d'Industrie Canada licables aux areils radio exempts de licence.

L'exploitation est autorisée aux deux conditions suivantes: (1) l'areil ne doit pas produire de brouillage, et (2) l'utilisateur de l'areil doit accepter tout brouillage radioélectrique subi, même si le brouillage est58 © 2015 DJI. All Rights Reserved. susceptible d'en compromettre le fonctionnement.

IC Radiation Exposure Statement: This equipment complies with IC RF radiation exposure limits set forth for an uncontrolled environment. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter. This equipment should be installed and operated with minimum distance 20cm between the radiator& your body. Any Changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.

KCC Warning Message “해당무선설비는 운용 중 전파혼신 가능성이 있으므로 인명안전과 관련된 서비스는 할 수 없습니다 .” “해당 무선설비는 운용 중 전파혼신 가능성이 있음”

NCC Warning Message 低功率電波輻射性電機管理辦法 第十二條經型式認證合格之低功率射頻電機,非經許可,公司、商號或使用者均不得擅自變更頻率、加 大功率或變更原設計之特性及功能。 第十四條低功率射頻電機之使用不得影響飛航安全及干擾合法通信;經發現有干擾現象時,應改善至無 干擾時方得繼續使用。前項合法通信,指依電信法規定作業之無線電通信。低功率射頻電機須忍受合法 通信或工業、科學及醫療用電波輻射性電機設備之干擾。© 2015 DJI. All Rights Reserved. The content is subject to change.

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