Requestor: Frank Keiser 01/25/16 265 Roswell Avenue Long Beach, CA 90803 (562)

- 439

- 3493 FAA UAS Certificate of Registration #FA3YM7Y9HW, Dated 01/11/2016

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119

, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

Dear Sir or Madam:

My name is Frank Keiser and I am writing pursuant to the FAA Modernization and Refo rm Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, the owner of a unmanned aircraft system (UAS) be granted exemption from the Federal Aviation Regulations (FARS) listed within so that I may operate my UAS commercially in a irspace regulated by the Federal Aviation Administration. This exemption would allow operation of my UAS for the purpose of aerial photography, aerial videography, data collection, inspection and surveying.

My equipment is a DJI Phantom 3, Standard (4) bl ade quad copter weighing 6 lbs. 7.5 ounces. ( See appendix 1) The UAS has a maximum airspeed of 30 knots. Using a remote controller operating on frequency 5.728

- 5.850GHZ / 2.400

- 2.483GHZ.The Phantom 3 is equipped with built in ground support technology that allows it to fly utilizing GPS for stability, tracking, safe flight mode and a return to home feature in the event of loss of remote control signal or a critically low battery. All flights start with a pre flight safety check and all flight data are recor ded. The Phantom 3 is equipped with a fixed position camera that sends a live video signal to the controller allowing the person in control (PIC) to monitor video in real time. Flight data, speed, height, distance, battery level and general aircraft condit ion and information are also displayed during operation. The Phantom 3 battery has a flight time of approximately 20 minutes. It is always returned to its original take off point and always flown utilizing VLOS. I have invested a considerable amount of

mon ey and have logged over 20 recreational hours with this UAS and trained over 100 hours with other UAS equipment. My request for exemption would allow me to offer video and photographic services to clients at a considerable discount compared to using helico pters or fixed wing aircraft.

1UAS Safety Operating Parameters I will abide by the following additional operating conditions under this exemption, which ensures a le vel of safety during UAS flight:

Operate UAS below 2 00 feet and within a radius of 1000 feet from PIC always maint aining VLOS.

Obtain permission from the owner/controller of any vessels, vehicles and structures when operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; I will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard.

Operate the UAS for no more than 15 minutes per flight.

Land UAS prior to the manufacturers recommended minimum level of battery power.

Operate UAS during daylight hours on ly within visual line of sight (VLOS)

Utilize the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost or battery becomes critically low.

Contact respect ive airports if flight operations will be within 5 miles to advise them of estimated flight time, flight duration, elevation of flight and all other pertinent info.

Always obtain all necessary permission prior to operation.

Have procedures in place to ab ort flights in the event of safety or other concerns.

Review weather reports prior to flight and never operate UAS in unsafe conditions

— high wind, low clouds or other conditions that hinder visibility.

Only operate in safe environments that are strict ly controlled, are away from power lines, elevated lights, airports and densely populated areas (defined by areas depicted in "yellow" on VFR charts and through obtaining information regarding congested areas from the local Flight Standards District Office (FSDO); Also conduct extensive preflight inspections and protocols, during which safety carries primary importance.

The PIC will have a minimum of 5 hours logged on this craft and a minimum of 10 hours flying UAS quad copters under varying conditions and environments and will follow all established safety protocols as well as guidelines of 14 C.F.R 61.51

(b) Having the ability to safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and main taining appropriate distances from people, vessels, vehicles and structures as outlined.

2Specific Exemptions Requested Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 ( Section 333).

I request an exemption from § 45.23 Marking of the aircraft because the UA does not have a cabin, cockpit or pilot station on which to mark specific words or phrases. Further, two

inch lettering is difficult to place on a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, I can mark the UAS in the largest possible lettering by placing the word "Experimental" on its fuselage as required by § 45.29(f) so that anyone can see that designation.

I re quest an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since currently, there is no certificate applicable to our operation, this regulation is inapplicable.

I request an exemption from §§ 91.4 05(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety precaution I will perform a preflight inspection of the UAS before each flight as outl ined in the attached operating documents.

I request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapp licable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but allows hel icopters to be operated at lower altitudes in certain conditions. I will not operate the UAS above the altitude of 2 00 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus "providing a level of safet y at least equivalent to or below those in relation to minimum safe altitudes." Given the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of safety will be achieved.

I request an exemption from § 91.121 Altimeter settin gs as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor.

3I request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- per the op erating documents, the UAV will be landed at the first alert. Also, flights will last approximately 15 minutes each, and the UAS has an automated function which results in immediate landing when a low battery is detected. The PIC will not begin a flight un less

— 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.

Public Interest Aerial videography for geograp hical awareness and marketing has existed through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost

- prohibitive. By granting this exemption I would be able to provide this service at a much lower cost. Fur ther, my UAS will pose no threat to the public given its small size and lack of combustible fuel. Additionally, the operation of the UAS will minimize ecological damage and promote economic growth by providing information to companies looking to relocate o r build in the metro areas I service.

Summary I will comply with all of the following conditions and limitations should this grant of exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents whi ch is a 4

- rotor aircraft weighing less than 7 pounds: DJI Phantom 3 Aircraft System.

2) The UAS will not be flown at an indicated airspeed exceeding 30 knots.

3) The UAS will be operated at an altitude of no more than 2 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

4) The UAS will be operated within visual line of sight (VLOS) of the Person in Command (PIC) at all times.

5) All operations may util ize a visual observer (VO). The UA S will be operated within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to the Administrator u pon request. Any revisions to the operating documents will be presented to the Administrator upon request.

47) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition acceptable for safe flight. The Ground Control Station will be included in the preflight inspe ction. All maintenance and alterations will be properly documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a func tional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) The preflight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equip ment, not already covered in the relevant sections of the operating documents.

10) I will follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11) I will carry out maintenance, ins pections, and all record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discover ed between inspections.

14 ) The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on.

15) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b),

16) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate l isting videos (or similar operations), the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations.

517) The PIC will not operate the UAS for the purpose of aerial videography/ cinematography and augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

18) UAS operations will not be conducted at night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC).

19) The UA S will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart.

20) The UA S will not be operated less than 500 ft below or less than 2,000 ft horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA S loses communication or its GPS signal, it will return to a predetermined l ocation within the planned operating area and land or be recovered in accordance with the operating documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

23) The PIC wi ll not begin a flight unless

— considering wind and weather conditions

— there is enough power to fly at normal cruising speed to the intended landing point & land the UA with 30% battery power remaining.

24) We will obtain an Air Traffic Organization (AT O) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations, and also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

25) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 would be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

27) The UA S will remain clear and yield the right of way to all manned aviation operations and activities at all times.

28) The UAS will not be operated by the PIC from any moving device/vehicle.

29) The UA S will not be operated over congested or densely populated areas.

630) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

31) All operations will be conducted over private or controlled

- access property with permission from the land owner/controller or authorized re presentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours.

33) Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

I would like to thank you for your consideration in granting this exemption. It will be an honor and privilege to hold this designation and I look forward to providing UAS video I photography.

Thank you for your consideration.

Frank T Keiser

265 Roswell Ave, Long Beach, CA

gyroguy55@gmail.com

Enclosure : appendix1: DJI Phantom 3 Operation Manual

7 a. Ba rriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. I will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipatin g persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner / controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do

no t present an undue hazard to those persons per § 91.119(a).