Yevgeniy Dumbrava

DBA Eugene Michel Photography

5428 N Stevens St

Spokane, WA 99205

edumbrava@gmail.com

(509) 599-9980

January 12, 2016

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and

CFR Part 11, Yevgeniy Dumbrava, owner of Eugene Michel Photography, requests to be exempted from 

the Federal Aviation Regulations (FAR) listed below so that Eugene Michel Photography may operate 

UASs commercially in airspace regulated by the FAA, as 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.

Eugene Michel Photography is owned Yevgeniy Dumbrava from Spokane, Washington and has a state 

issued Driver’s License. Yevgeniy has been a professional photographer for over 8 years and is a 

longtime hobbyist of UASs. Commercial operations to be performed are real estate photography, 

videography, and real estate survey. Because of the nature of the operations, the UAS will not be flying 

higher than 200 feet. All operations will be performed with the public’s safety in mind and right to 

privacy safeguarded at all times.

As described below, the requested exception would permit the operation of light weight (less

than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a UAS pilot

with full knowledge of airspace fulfilling the Secretary of Transportation’s (the FAA Administrator’s)

responsibility to” establish requirements for safe operation of such aircraft systems in national airspace

systems.” Section 333(c), of the Reform Act.

Eugene Michel Photography UASs (DJI Phantom 3 Pro) are rotorcraft weighing less than 55

pounds including payload. They operate at a speed less than 50 knots and have the capability to hover

and move in the vertical and horizontal plane simultaneously. The aircraft has an auto return to launch

point when battery power is under 25%. The UAS will operate within the line of sight within a protected

flight area as described below and at 200 feet AGL or less with an observer located close at hand as to

make voice communication possible. The PIC Yevgeniy Dumbrava has a screen that indicates AGL, 

Speed, and distance aircraft is from the PIC. The operations for These operations will not create a hazard 

to users of the airspace, public nor the environment.
Eugene Michel Photography respectfully requests the grant of an exception to the

following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight

UASs for commercial use:

14 CFR 21, subpart H

• 14 CFR 45.23 (b)

• 14 CFR 91.7 (a)

• 91.9 (b) (2) 91.103 (b),

• 91.109,

• 91.119,

• 91.121,

• 91.151,(a),

• 91.203(a) &(b),

• 91.405(a),

• 91.407(a)(1),

• 91.409(a)&(b)

Eugene Michel Photography submits this application in accordance with the Reform Act 112 P.L. 95 

331334, seeking relief from any currently applicable FAR’S operating to prevent Eugene Michel 

Photography future commercial use of small UASs to operate in the national airspace system

as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft

into our national airspace system as it is in the public’s interest to do so.

Eugene Michel Photography UAS meets the definition of “small unmanned aircraft” as defined in Section 

331 and therefore the integration of these UASs are expressly contemplated by the Reform Act. Thomas 

Miller Video Productions would like to operate its lightweight UASs prior to the time period by which the 

Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned

aircraft systems may operate safely in national airspace before completion of the rule making required

under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is

required to determine which UASs do create a hazard to users of the national airspace system or the

public or pose a threat to national security in light of the following:

• The UASs size, speed, weight and operational capability

• Operation of the UASs in close proximity to airports and populated areas

• Operation of the UASs within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in

National Airspace System, the secretary shall establish requirements for the safe operation in national

airspace.

Eugene Michel Photography UASs are rotorcrafts weighing less than 55 lbs. and they operate at speeds 

less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. 

The UASs will operate only within the line of sight of the operator within a protected flight area and at 

200 feet AGL or less. These will not present a hazard to the national airspace nor the public.
The very small nature of these UASs combined with the safe guards presented below, will allow

for the safe operation greater than that envisioned by Congress for the FAA to establish and by

exemption allow commercial operations of UASs to commence immediately. Also due to the size of

UASs and the areas and altitudes they will operate approval of this exception presents no national 

security issues and absolutely minimal safety concerns which have been mitigated through our rigorous

risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority

contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety,

reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly

reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the

applicant requests that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Eugene Michel Photography

• Flights will be operated in the line of sight of the operator(PIC) and Observer,(VSO)

• All required FAA clearances, will be obtained and distances from airports strictly observed.

• Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by 

manufacturers recommendations,

• Flights will only occur in the daylight hours,

• The UASs will weigh less than 55 lbs. (2.9lbs to be exact),

• Flights will be operated at 200 feet AGL or less.

• PIC will have a Hand held Radio to monitor local air traffic for added safety

• Crew will be at a minimum of operator(PIC) and an observer and/or camera

operator(VSO), Operator and crew will remain in contact during the flight operation,

• The UASs operator will perform a check of the flight area and make certain of the safety

of all persons in the area,

• Consent will be obtained from all persons within the video capabilities of the units to

further reduce the chance of violating anyone’s privacy.

• All UASs will have the capability to return automatically to the operator in a safe manner

with the auto return function checked and working.

• Flights will only operate in VFR conditions.

• UASs have a function on the control to tell operator the distance away from the

operator and its battery power remaining.

• Flight team will communicate by voice and the use of two-way radio if the area is too big

to hear voice from all team members.

• When operating over or near water the UASs will be equipped with flotation devices so

that recovery can be made as to prevent lithium battery exposure to the water table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H,

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in

relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Eugene Michel 

Photography UAS flights permits exception from Part 21 because they meet 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 USC 4470(f) and Section 333 of the Reform

Act. Both pieces of legislation permit the FAA to exempt UAS from airworthiness certificates in 

consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense

populations. Eugene Michel Photography meets or exceeds each of these elements.
As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for

flights at or under 200 AGL to any UASs operator with a section 333 exemption.

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations.

These are inapplicable for the same reasons stated above. The equivalent level of safety

will be achieved by maintaining such certifications and registrations at Eugene Michel

Photography operations center. 14CFR91.7 (a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in

the form contemplated by FAR’s this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil

Aircraft Flight Manual in Aircraft

 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots

or passengers, and given the size of the UASs this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining such certifications and

registrations at Eugene Michel Photography operations center. The FAA has

previously issued exemptions to this regulation in Exemptions No’s

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

 14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions.

Thomas Miller Video Productions will only operate its UASs at or below 200AGL. They

will be operated on a will defined AOR that has been carefully reviewed for hazards and

minimizes the presence of any persons not essential for these operations. Flights will

only be over private property that the owner has consented and all persons within this

video area also give consent for this filming. Compared to flight operations of

conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs.,

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk

to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service

of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional

aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close

proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery

operated and fling below 200 feet AGL the risk of injury of people on the ground or the crew has been

reduced or almost erased. Granting Eugene Michel Photography the above exemption will allow for

the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment

of the masses. Eugene Michel Photography respectfully requests the FAA grant its exception

without delay. The FAA has the authority to issue the exemption sought Eugene Michel Photography

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958).

Sincerely,

Yevgeniy Dumbrava, Owner

Eugene Michel Photography

5428 N Stevens St

Spokane, WA 99205

edumbrava@gmail.com

(509) 599-9980