Yevgeniy Dumbrava

DBA Eugene Michel Photography

5428 N Stevens St

Spokane, WA 99205

e dumbrava@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 s o that Eugene Michel Photography may operate

UASs commercially i n 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.

Eugen e 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 r eal est at e photography,

videography, and real estate survey. Because of the nature of the operations, the UA S 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 Secr etary 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 horizonta l plane simultaneously. The air craft 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 Dumbrav a 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 gran t 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 oper ating 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

M iller 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 ce rtain 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 po pulated 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 op eration 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 op erate 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 pre sented 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 giv en 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

red ucing 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 o f 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 we ather 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 wil l 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 devi ces 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 procur ement 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 33 3 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 ce rtificates 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 E ugene 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 pi lots

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 i ssued 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 ope rated 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 person s 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 t he 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 expan sion 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

e dumbrava@gmail.com

(509) 599

- 9980