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); 91.417(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 engineering, 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: 2.83lbs
Diagonal 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 – 5.850 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/Glonass Flight Control System: Vertical Hover Accuracy +/- 10cm

 Horizontal Hover Accuracy +/- 1m

 Transmitter: 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 automatically 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 in 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 inspection 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 Observer (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 speed 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 flights.

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, speed, 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 the 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 55 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 requires 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," "lightsport," "experimental," or "provisional," 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 operations. 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 

civil aircraft unless it is in airworthy condition.

No FAA regulatory standard currently exists 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 place 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 action 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 weightshift-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 will 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 preobtained consent.

h) 14 C.F.R. § 91.121 Altimeter Settings requires each person operating 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 setting 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 VFR 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 weighs 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

will 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 discrepancies repaired as prescribed in 

part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in 

compliance with Part 43.

These 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 mechanical issues arise, the sUAS can land immediately and will be operating 

from no higher than 300 feet AGL.

As provided for in the Safety Checklist, the applicant will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the applicant is the person 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 the 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.djiinnovations.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