U.S. Department ofTransportation Docket Management Facility 1200 NewJersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590

To Sir or Ma'am: Andrew P. Kimos 6765 Larchmont Drive Mayfield Hts, Ohio 44124 n8986j@yahoo.com 440-221-2687 December 

### 11, 2015

In accordance with Section 333 ofthe FAA Modernization and Reform Act, I hereby apply for an exception from Code of**Fede~ai·Regulations** {CFRs) to allow commercial operation ofa Small Unmanned**Air~raft** System (sUAS). These pperations are proposed to be conducted in accordance ' , , . '

. '

. . I wjth.the conditions described,below •. I am an FAA certificated commercial pilot, a currently active flight instructor and ground instructor.

OPERATOR'S NAME AND ADDRESS: Andrew P. Kimos 6765 Larch!'flont Dr!ve Mayfield Heights, Ohio 44124

THE REGULATIONS 

## F'ROM WHICH'

## RELIEF IS.REduniEn

## AND 'rAE EXTENT

## oF·RELrEF REQUESTED: 14 CFR Part 21 Subpart H -Airworthiness Certificates The type ofSmall Unmanned Aircraft System (sUAS) that I plan to operate, the DJI Phantom 3 Standard, does not have an Airworthiness Certificate, nor are there plans that I know offor the FAA to require airworthiness certificates forthis or a similar sUAS. I do not propose to modify my DJI Phantom 3 Standard sUAS in anyway that would require a special airworthiness certificate.
14 CFR 91.119{c)
- Minimum Safe Altitudes.: General My sUAS 

## will not be operated at an altitude above 400' AGL. I request permission to operate the sUAS frorl1 0-400' AGL, ifall other safety requirements described herein are complied with.
14CFR 91.121 -AltimeterSettings 

### My sUAS

### ~illnothav~

# an installedaltimeter,will have altitude sensirtgand;GPS navigatiin capability to ensure it remains within the

### altitu~e {AGL} limits prescribed bythe operator, Andrew

# P:;·**Ki~$;** .. '' ' ') 14CFR 91.151 - Fuel Requirements for Flight in VFR ConditionsMysUAS will have a published endurance of25 minutes maximum using battery.power.
14 CFR 91.405 - Maintenance Required I will ensure that the sUAS is maintained in accordance with the manufacturer's recommendations.

14CFR 91.407(a)(1)- Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration and 14 CFR 91.409(a)(1) and (2) -Inspections As the operator ofthe sUAS, I will ensure that the sUAS is pre-flighted and post-flighted for proper systems integritywithout the services of an aircraft and powerplant (A&P) certified mechanic.
14CFR 91.417(a) and (b)- Maintenance Records
As the operator ofthe sUAS, I will keep a log of maintenance without the services ofan aircraft and powerplant (A&P) certified mechanic.

HOW THE OPERATOR WILL MAINTAIN AN EQUIVALENT LEVEL OF SAFETY AND NO ADVERSE IMPACT TO SAFETY: I wlU apply for and affix a registration numbertothe sUAS per '14 CFR 45.23(b)
- DisplayofMarks' priorto beginning any commercial operations within the sUAS. The sUAS will not be operated at a speed higherthan 31 knots. The sUAS will not be operated above 400' AGL. The sUAS will not be operated within 5 nautical miles of any known public airportwithout specific authorization and approval obtained from the involved airport manager. All operations will involve a second Visual Observer (VO} for**safetY~** All operations will remain within the Line 

### ofSight (LOS) ofthe operator. Ifany adjustments are made tothe sUAS, which I do not plan, then I 

### will conduct a functional flight test to ensure normal performance characteristics are preserved. I will inspect the sUA5 before and after each flight to ensure systems integrity. 

### 1

will follow all maintenance and overall requirements ofthe manufacturer. 1will have the sUAS operating manual and limitations available during commercial operations, including all documents required to maintain safe flight operations. 1will conduct all flights in daytimeVisual Meteorological Conditions (VMC), and complywith VMC cloud clearance requirements.The sUAS that I operate will return to its launch location ifcommunications are lost. I will abortthe flight in the event of unpredicted obstacles or emergencies. I will ensure that all operations will be conducted such that at least 5 minutes of reserve battery power is available. I will obtain an AirTraffic Control Certificate ofWaiver orAuthorization**(CO~)**as necessary. I will obtain permission to operate the sUAS from the property owner Ja-ontroller or authorized representative. Permission will be obtained priorto each flight to be donducted. All operations will be conducted over private or controlled access property.**~n--::** I will givewayto all manned aircraft operations. , I will not operate the sUAS from any moving device or vehicle. I will maintain my biennial flight review (BFR) currency and complywith any medicate certificate restrictions. I will not operate the sUAS within 500' from any non-participating person, vessel, vehicle, or structure unless permissions are obtained and barriers are in place to operate within 500' such that persons, vessels, vehicles, and structures would be protected by any debris in the event ofan accident. I will make a safety assessment ofany such operations priorto beginning each sUAS flight.

HOW GRANTING THE EXEMPTION WOULD BE IN THE PUBLIC INTEREST: Granting the Exemption would be in the public interest because:
a. Itwill avoid the need forfueled and manned aircraftthat would otherwise be necessary for the Proposed Operations. While exceptionally safe, manned and fueled aircraft operations would pose a greater risk tothe public if mishaps occur. b. It will avoid the need for people to climbabove.;grounc:t--on-structures n:rperforrn similar inspections and therefore will eliminate fall hazards tothe inspectors.

THE PROPOSED OPERATIONS: The sUAS will 

### be used for aerial assessment of roof materials, aerial video inspection of buildings and infrastructure, and for real estate marketingvideos. The operations will be conducted as specified in the 'equivalent safety' section above, within all authorizations and restrictions issued bythe FAA.

PROPOSED SUMMARY FOR THE FEDERAL REGISTER:Petitioner: Andrew P. Kimos, Commercial Pilot Sections of 14CFR Affected: 14CFR**P~rt** 21 Subpart H, 14CFR 91.119(c), 14CFR 91.121, 14CFR 91.151, 14CFR 91.405, 14CFf:t 91.407(a)(1), 14CFR 91.409(a)(1) and (2}, 14CFR 91.417(a} and (b). Description of**R~lief Sou~ht:**  Petitioner seel<s relieffrom the requirements of 14CFR Part 21 Subpart H, 14CFR**9\.l:L~~c),** 14Cfr 91.12.1, 

## l4 CFR 91.151, 14CFR 91.405, 14**CF~** 91.407lt)(1),**1~** CFR 91.40,9(a)(1) and''(2), 14CFR 91.4P("J and (b) to conduct commercial activities

### yVi~~ a

### srry~ll Unmanned Aircraft System**(sU~~).** The proposed sUAS operations conducted bythe petttloner will meet or exceed those that the FAA requires for similar operations. ·

THE MAKE & MODEL OF THE AIRCRAFT PROPOS,l!UQ§,(Mf'Of'i)})'S:·.._/ '-.;-;.:,.;"; sUAS: DJI Phantom 3 Standard Weight'(iAtf(Jding battery): 2.71bs Maximum Speed: 30.5 knots Maximum Operating Altitude: 400' AGL Operating Temperature: 0 - 40 degrees C

I do not plan to exercise an exemption outside ofthe United States. Thank you for your consideration of my petition.
Sincerely, 

# d

# /4Jl/A!J{;~p;r**~w**P.Yimos ·**67~5** Larchmont Drive Mayfield**~hts,** Ohio 

## 44l\Z4

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