April 25, 2015

US Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington DC 20590 Re: Exemption Request **RE: Petition for Exemption**
**– Section 333 of the**  **Federal Aviation Administration Reform Act and Part**  **11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a) & (b); 91.407**  **(a)(1); 91.409(a)(1) & (a)(2); 9**  **1.417(a) & (b).**

Dear Sirs, I, Michael Racz, owner and operator of the small unmanned aircraft listed within request to be exempted from the Federal Aviation Regulations listed below so that I may operate a small ultra

- light weight unmanned aircraft system (sUAS) commercially in the National AirSpace System (NAS) regulated by the Federal Aviation Administration in accordance with FAA UAS Regulations and Policies.

**I) Contact Information:**  Michael Racz 425 Union Ave. Pittsburgh PA 15205 mracz@digitalactuality.com

**II) Proposed Operations:**  a) sUAS equipped with cameras and sensors will be used for video filming and photography by air for private purposes such as cinematography, advertising, and/or promotions. Filming and photography will only be conducted with the written permission and under contract with the owners and only when it is safe to do so. b) sUAS equipped with cameras and sensors will be used for aerial mapping and photogrammetry to collect data for e ngineering, land survey and development

. Flights will only be conducted with written permission and under contract with the owners and only when it is safe to do so.

**III) Description of Unmanned Aircraft System**  **:** a) DJI Phantom 2 Vision Plus Weight: 2.83lbsDiagonal Size: 350mm or 1.14ft Power Supply: 5200 mAh Lipo battery Max Flight Speed: 15m/s or 29.15 knots Integrated GPS Flight Control System: Vertical Hover Accuracy 0.8m Horizontal Hover Accuracy 2.5m Transmitter: Operating Frequency 5.278 GHz

– 5.85 0 GHz Communication Distance: FCC Compliance 800m Transmitter Power: FCC Compliance 100mW b) DJI Phantom 3 Advanced Weight: 1280g or 2.82lbs Diagonal Size (Including propellers): 590mm or 1.93ft Power Supply: 4480 mAh battery Max Flight Speed: 16m/s or 31.10 knots Integrated GPS/Glonas s Flight Control System: Vertical Hover Accuracy +/

- 10cm Horizontal Hover Accuracy +/

- 1m Transm itter: Operating Frequency 2.400 GHz

– 2.483 GHz Transmitter Power (EIRP): FCC Compliance 20dBm

**IV) Flight Safety**  **:** a) On board flight control system with GPS navigation and location ability that receives signals from a ground station, the flight control system will auto matically control the aircraft to fly back to the launch point and land if communication with ground station is lost. b) On board telemetry system that receives flight data including altitude (ALG), horizontal and vertical speed, compass direction of flight, and distance from launch point and transmits that data to the ground station. c) On board camera that transmits live video to the ground station. d) Ground station that receives all flight data from the on board systems and can be viewed on screen by the Pilot i n Charge (PIC) during the entire flight. e) The sUAS will not be operated in any adverse conditions. f) The sUAS will only be operated during daylight hours. g) The sUAS will not be operated in wind speeds in excess of 17mph. h) The sUAS will go through a preflight in spection before use including inspection of body, propellers, compass calibration, GPS reception, and connection to the ground station. i) The sUAS will be in control of the Pilot in Charge (PIC) at all times. j) A Visual O bserver (VO) will be present during entire flights to provide a second pair of eyes to visually track the sUAS during flight. k) Launch/landing point will be clearly marked and coned off if needed. l) The sUAS maximum altitude (ALG) will not exceed 300’. m) The sUAS flight spe ed shall not exceed 30mph. n) The sUAS will not fly within 5 miles of any airport. o) The Pilot in Charge will keep the sUAS in his Visual Line of Sight (VLOS) and not exceed a horizontal distance of 1000’ from himself. p) Should the PIC or VO detect a manned aircraft in close proximity, the PIC will cease the sUAS flight and land. q) All FAA documents and sUAS manuals will be kept at launch point during all flights.r) A flight log detailing weather conditions, flight data , and any maintenance will be kept for all flight s. **V) Exemptions Requested and Reasons for These Exemptions**  **: a)**  **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H**  , entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. Section 44701 (t) of the Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration of the size, weight, spee d, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under t he conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated are less than 5 5 lbs. fully loaded, flight speed will not exceed 30mph, it carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area

. **b) 14 C.F.R. § 45.23 (b). Marking of the Aircraft**  req uires that the operator must display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

sport," "experimental," or "provision al," as applicable." The sUAS will not have a cabin, cockpit, or pilot station on which to mark these words and furthermore two inch lettering is difficult to place on the sUAS with dimensions smaller than the minimal lettering requirements. **c) 14 C.F.R. §**  **61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command** **,** limit private pilots to non

- commercial operations.
The sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current o perations . The sUAS are remotely

- controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level of safety provided by the requirements included in the Safety Checklist exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. **d) 14 C.F.R. §91.7(a): Civil aircraft airworthiness**  requires that no person may operate a c ivil aircraft unless it is in airworthy condition.
No FAA regulatory standard currently exist s for determining airworthiness of the sUAS.Given the size of the aircraft and the requirements of the Safety Checklist prior to each flight, an equivalent level of safety will be provided. **e) 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft**  provides “ No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof."
The sUAS given its size and configuration has no ability or plac e to carry such a flight manual on the aircraft . The equivalent level of safety will be maintained by keeping the flight manual at the ground station to which the sUAS pilots flying the sUAS will have immediate access.
**f) 14 C.F.R. § 91.103**  **(b) : Preflight act**  **ion** requires each pilot in command to take certain actions before flight to insure the safety of flight.
No FAA

- approved flight manuals currently exist for the sUAS. An equivalent level of safety will be provided as set forth in the Safety Checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **g) 14 C.F.R. § 91.119: Minimum safe altitudes**  establishes safe altitudes for operation of civil aircraft. Section 91.119( d) allows helicopters, powered parachutes and weight

shift

- control aircraft to be operated at less than the minimums prescribed because their low speed and responsive controls allow operations to be conducted, " without hazard to persons or property on the surface ... "
The sUAS wil l never operate at higher than 300 AGL. It will be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

obtained consent. **h) 14 C**  **.F.R. § 91.121 Altimeter Settings** requires each person operatin g an aircraft to maintain cruising altitude by reference to an altimeter that is set “ ... to the elevation of the departure airport or an appropriate altimeter settin g available before departure." No method currently exists to adjust the barometric altimeter on the sUAS. An equivalent level of safety will be achieved by the PIC, pursuant to the Safety Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **i) 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions**  prohibits an individual from beginning " a flight in an airplane under VF R conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day,to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."
The sUAS is powered by battery and not combustible fuel and is much more limited than that of combustion powered flight. The sUAS will be flown in a predetermined area and returned to the ground station when battery capacity has reached 20%. The sUAS will not be flown at night. **j) 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration**  provides in pertinent part: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1 ) An appropriate and current airworthiness certificate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUAS fully loaded weigh s no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents, or to display them on the sUAS

. An equivalent level of safety will be achieved by keeping these documents at the ground station where the PIC flying the sUA wil l have immediate access to them.
**k) 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a**  **) & (b): Maintenance Inspections**  require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discre pancies repaired as prescribed in part 43 of this c hapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43.
T hese sections and Part 43 apply only to aircraft with an airworthiness certificate . An equivalent level of safety will be achieved because the sUAS is very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If me chanical issues arise, the sUAS can land immediately and will be operating from no higher tha n 3 00 feet AGL. As provided for in the Safety Checklist, the a pplicant will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any mainte nance performed. Moreover, the a pplicant is the p erson most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. **VI) Public Interest**  **:** a) Aerial filming and photography will bring interest to certain events and regions promoting economic benefits for these events and regions by showing them in a new perspective unattainable by other means and offer a low cost alternative to current methods for cinematography, advertising and/or promotions.b) Aerial mapping and photogrammetry for t he professions of engineering, land survey and development will provide a low cost alternative to the current data collection methods. It will also shield workers in the field from unsafe site conditions such as hilly terrains and dangerous wild life such as ticks and rattlesnakes. **VII) Manuals:** 

a) DJI Phantom 2 Vision Plus http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User _Manual_v1.8_en.pdf b) DJI Phantom 3 Advanced Currently not available online

Sincerely,

Michael Racz