November 20, 2015 

David A. Rudich 

1525 Mill Gap Rd 

Lost River, WV 26810 

304-897-6135 

rudichdk@yahoo.com 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 

.. I' 

·; 

RE; Exemption request under Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviatiion Regulations. 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 

(the "Reform Act") and 14 C.P.R. Part 11, David A. Rudich hereby applies 

for an exemption from the listed Federal Aviation Regulations "F ARs" listed 

below, to allow for operations of a DJI Phantom 3 Professional Quadcopter 

Aircraft, a small Unmanned Aircraft System (sUAS) to conduct aerial 

photography and videography for the purpose of real estate listing and 

marketing, agricultural survey, emergency search and rescue and fire 

observation and control. All exemption requests are for those items that are 

not pertinent to the proposed vehicle and operations. Special attention is 

given to safety and security in all proposed operations. As will be 

demonstrated, an exemption will result in a significant public benefit. This 

request is similar to many of the currently granted exemptions. All 

operations will be conducted within and under the conditions stated herein or 

as may be modified by the FAA as required by Section 333. 

SYNOPSIS 

This request for exemption to allow for the commercial operation of a small 

Unmanned Aircraft System (UAS) is similar to but more limited in 

operations to many of the granted requests for exemptions. All commercial 

operations will be limited to private properties, at flight altitudes of less 
than 200ft AGL located in predominately rural areas. Other operations 

including search and rescue, and fire observation and control will be 

offered to local government as a public service without remuneration. 

The aircraft, a DJI Phantom 3 Professional, is one of the most popular 

approved for exemptions because of its functionality and safety features. 

David A. Rudich, the Pilot in Command (PIC) is a FAA licensed instrument 

commercial pilot. 

Public Benefits include safety, environmental and economical benefits. 

Safety considerations includes the choice ofthe~vehicle itself because ofthe 

inherent safety features, strict limits on the area of operation, preflight 

inspections and protocols, extensive use of checklists and the use of a flight 

and site observer in verbal contact with the PIC at all times in preparation 

for and during flight operations. 

Because of the foregoing and the similarities to other approved requests it is 

requested that an exemption be approved in an expeditious manner. 

DISCUSSION 

The requested exemption would permit commercial operation by David A. 

Rudich of a Phantom 3 Professional (UAS), which weighs approximately 3 

lbs. and performs aerial surveys and videography that consists of 

photographs and vidiography taken by on-board cameras. The applications 

for which this waiver is sought include real estate listing and marketing, 

agricultural field survey, emergency search and rescue and fire observation 

and control. Use of the UAS for aerial photography and videography reduce 

the need to utilize conventional manned aircraft, manned lifting devices or 

manned climbing for the same purpose and provides a very high quality 

imagery at a fraction of the cost. These savings result in enhance safety, 

efficiency and productivity for the affected activities, as well as 

environmental benefits. 

The regulations from which the exemption is requested are as follows: 

14 C.P.R. Part 21; 

14 C.P.R. 45.23(b); 

14 C.P.R. 61.101(e)(4); 
14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133(a); 

14 C.F.R. 61.23(a) & (c); 

14 C.F.R. 61.315(a); 

'4 C.F.R. 91.7(a) & (b); 

14 C.F.R. 91.9(a)(2); 

14 C.F.R. 91.109(a); 

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) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(l) & (2); 

14 C.P.R. 91.417(a) & (b). 

All operations with the exception of emergency search and rescue and fire 

observation and control, would be conducted on private property with 

written approval of the property owner. All these flights will be within the 

"blanket" 200 foot Certificate of Waiver or Authorization (COA) as issued 

by the FAA. This policy pertains to aircraft weighing less than 55 pounds, 

operate during daytime Visual Flight Rules and operate within visual line of 

sight of the pilot. It also requires staying certain distances away from 

airports or heliports and/or to comply with any modifications in the future. 

I, David A. Rudich, am an FAA licensed instrument commercial pilot, 

License Number 3151096. My background includes being an operations 

analyst and systems engineer in the aerospace industry. This has given me 

an intimate knowledge of aircraft and satellite system control, operations and 

technology. Currently I am a Licensed Real Estate Broker-in both Virginia 

and West Virginia. 

Specifically, this exemption is to operate a DJI Phantom 3 Quadcopter 

which is comprised of an unmanned aircraft and a transportable ground 

station. The DJI Phantom 3 is referred to as a Quadcopter with a maximum 

gross weight of about 3 pounds. It is equipped with four rotors that are 

driven by electric motors powered by batteries. The UAS has a maximum 

airspeed of22m/s. This aircraft is one of the most popular UASs to receive 

exemptions under the current regulations due to its operating characteristics 

and safety features. The system complies with Part 15 of the FCC rules. 
Full details concerning the description, safety features and 

operations of the DJI Phantom 3 are available in the User 

Manual by scanning the following. 

Granting this exemption would result in a number of Public Benefits 

including but not limited to the following. The DJI Phantom Professional is 

battery powered and is a safe, efficient and economical alternative to 

manned aircraft traditionally utilized to obtain aerial imagery. An 

exemption allowing the use of a sUAS would reduce the amount of manned 

aircraft, reducing noise and air pollution as well as increase the safety of life 

and property in the air and on the ground. Furthermore the use of a sUAS in 

real estate photography would benefit both buyer and seller of real estate 

alike by providing an affordable way of displaying and viewing various 

properties. Agricultural surveys provide an economical way of examining 

crop fields. Emergency search and rescue and fire observation and control 

would be preformed as a public service without remuneration. 

A critical element of this exemption application involves evidence of the 

safety of operations prior to, during and following all flight operations. All 

UAS operations will be conducted in a manner to minimize risk to persons 

and property and to insure that all regulation and requirements are complied 

with. The Phantom 3 Professional was selected as the flight vehicle because 

of all it's built in safety features and operational characteristics. All 

operations in regard to Real Estate and Agriculture will be conducted over 

private land with owners approval. All operations will occur during 

daylight, Visual Flight Conditions and remain within Visual Line of Sight of 

the Pilot in Command. Above Ground Level (AGL) will be restricted to less 

than 200ft. Operations will be prohibited within 1 Onm of any airport. 

With respect to each individual flight I, David A. Rudich as Pilot in 

Command will be responsible for; 

All Pre-flight activities including pre-approval documentation, site 

inspection, secureing flight operations area, Pre-flight vehicle inspection 

utilizing a detailed checklist and following the manufacturers specified 

power up procedures. 
All flight operations to insure that the vehicle remains within the prescribed 

area of operations, and is operated in accordance to manufacturer's 

specifications. Highest priority will be given to providing for the safety of 

all persons and property. 

Post Flight Requirements including vehicle shutdown, final site inspection, 

and completion of Flight and Maintenance logs. Special attention will be 

given to documentation of any problems encountered. 

Following all flights a comprehensive inspection and preventative 

maintenance plan will be followed in accordance with the manufacturer's 

specifications to ensure the sUAS vehicle and software is up to date, the 

batteries are in good health and recharged and that the aircraft itself is ready 

for it's next safe flight. 

In addition to the previous, a Flight Observer will also be present and a 

participant for all flights. The Observer must have the visual acuity to 

observe the sUAS at all times and remain in verbal communication with the 

PIC at all times. Duties of the Observer include but are not necessarily 

limited to assisting the Pilot in Command in the following; 

Securing the flight area to insure that it is clear of any potential interfering 

obstacles and personnel. 

Warning the PIC of any impending obstacles in the flight path of the sUAS 

Warning the PIC of any deviations in the planned flight path of the sUAS. 

Warning the PIC of any unauthorized personnel appearing in the area of 

planned flight. 

In conclusion, this request is similar in all material respects to Grant of 

Exemption Nos. 11062, 11109,11112, 11213, and 12645 and as such I 

request that an exemption be granted in an expeditious manner. If necessary 

I am prepared to amend any part of this request to satisfy the need for an 

equivalent or higher level of safety.