January 12, 2016

TO:							 U.S. DEPARTMENT OF	TRANSPORTATION	

DOCKET MANAGEMENT SYSTEM

1200 New Jersey Avenue SE

Washington, DC 20590

FROM: MICHAEL	L.	WINALSKI

81	Magnolia	Drive

Leola,	PA	17540

Michael.Winalski@icloud.com

RE:							 Request for Exemption Per PL 112-95 §333 from 14 CFR 61.113(a) and (b), 14 CFR 91.103,

14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR

91.407(a)(1), 14 CFR 91.409(a)(2), 14 CFR 91.417(a) and (b)

These	documents	have been	enclosed	as	attachments to	provide	additional reference	of	

safety,	maintenance and use of sUAV under consideration for this petition’srequest for

exemption of above:

• DJI	Phantom 3	Safety Guidelines

• DJI	Phantom 3	User Manual

Dear	Sir or Madam:

This document serves as a	petition and request for exemption of the above cited section of Title 14 CFR	

for myself, Michael	L.	Winalski, hereinafter referred to as “the petitioner”, for sole purposes of conducting	

commercial aerial photography, videography, and	 survey operations using	 a small Unmanned Aircraft	

System (sUAS)	in	areas that could possibly fall under FAA controlled	airspace.

This petition provides necessary information to justify an exemption from the above referenced Federal

Aviation Regulations.

THE	sUAS

The petitioner is the sole owner and sole pilot	in	command (PIC) of	a DJI Phantom 3 Standard

multi-rotor / quadcopter with 4 carbon fiber propellers,	onboard camera, gimbal and on-board	

flight control systems that uses GPS and ground movement for stabilization purposes, as well as	

manual input control systems, such as those found in remote control (RC) units. The Phantom	3	

is operated by	way	of	RC within	5.725	GHz	– 5.825	GHz	frequency	range	.
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JANUARY 12, 2016

The Phantom 3 has a built-in	functionality that can limit the height above ground level (AGL),	limit

the distance between said aircraft and PIC, therefore restricting its operation under Class B,	C, and

D	airspace. The aircraft also provides the ability to “return to home” (RTH) toward the PIC	and

land if	connection to the RC is lost	for more than	10 seconds.

The aircraft	weighs	in at	1,216 grams (2.68 lbs.)	while carrying battery	and camera gimbal.	It	has	

a maximum speed of 16 meters per second at 0 wind (just under 30 knots). It is	powered by	

Lithium Polymer	battery which supplies electric power to the 4 on-board brushless motors.

You may	refer to the enclosed attached documents pertaining	the DJI	Phantom 3 User Manual,	

for more specific details.

It is warranted by petitioner that	no changes to the aircraft will be made to such manufacturer’s	

specifications.

THE	UAV PILOT IN COMMAND	(PIC)

Basis	for	Request for	Exemption	Relief	from	certain	requirements	of	Section	§61.113(a)	and	(b),	

entitled	 Private	 pilot	 privileges	 and	 limitations:	 To	 the	 extent	 necessary	 to	 allow	 a	 Pilot	 in	

Command	 (PIC)	holding	a	private	pilot	or	higher	level	certificate,	as	well	as	an	airman	medical	

certificate,	 and	 who	 has	 demonstrated,	 by	 meeting	 minimum	 flight-hour	 and	 currency	

requirements	 is	 requested.	 The	 training	 and	 knowledge	 required	 for	 Commercial	 pilots	 of	

conventional	aircraft	would	not	necessary	make	a	Commercial	pilot	safe	to	operate	a	UAS.	Here,	

the	risk	to	the	public	is	mitigated	because	the	small	size	of	the	UAS	prevents	carrying	a	pilot	or	

passengers	or	any	cargo	other	than	a	camera.	As	Pilot	In	Command	(PIC),	Visual	Observer	(VO)	

and	crew	will	always	remain	on	the	ground,	the	level	of	safety	is	thereby	greater	than	what	can	

be	achieved	in	traditional	aircraft.	

The	FAA	has	previously	declared	 that	additional	manned	airship	experience	of	a	commercially	

certified	 pilot	 would	 not	 correlate	 to	 the	 airmanship	 skills	 necessary	 for	 similarly	 proposed	

operations	in	previously	issued	exemptions	to	this	regulation	through	Exemption	Nos.	11062	and	

11138.	Granting	exemption	here	will	permit	UAS	operation	and	will	mitigate	potential	hazards	to	

the	public	without	being	unduly	burdensome	to	the	operation	of	the	UAS.	Therefore,	exemption	

from	14	C.F.R.	§61.113	to	allow	commercial	operation	of	the	UAS	is	sought.	

I,	 Michael	 Winalski,	 the	 PIC,	 am	 able	 to	safely	 operate	 the	 DJI	 Phantom	 3 UAS	 in	 a	 manner	

consistent	 with	 this	 exemption,	 including	 evasive	 and	 emergency	maneuvers	 and	maintaining	

appropriate	distances	from	people,	vessels,	vehicles	and	structures.	I,	Michael	Winalski	requests	

an	exemption	 from	the	limitations	of	§61.113	as	an	equivalent	level	of	safety	can	be	achieved	

through	extensive	flight	experience	in	piloting	the	UAS.
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JANUARY	12,	2016

THE	OPERATIONS REVIEW

The sUAS operations scope will be to provide aerial photos, videos, and surveying services to the	

general	public sectors, governmental, residential	or commercial, and	particularly	pertaining to	

real estate properties, general events, activities and surveys.

Operations under	this exemption request is accepted by the petitioner to program or operate	

aircraft	to prevent it from flying 400 feet	or more AGL or 1,500 feet away from PIC.
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JANUARY	12,	2016

Before every	operation and therefore takeoff, PIC and VO will review	the aircraft’s	checklists (as	

found under manufacturer provided documentations,	as well as	contained herein the attached	

documents) and survey	area to determine if weather / wind / cloud conditions are suitable for	

flight and to determine emergency landing sites. All nearby persons will be dully	notified and	

made aware of any flight operations. Flights will not take place over densely populated areas nor	

private property without owner’s	or occupant’s	permission.	 After landing,	flight operations will	

not be considered complete, unless a thorough physical inspection of all aircraft parts,	batteries	

and camera is finalized to determine if any	maintenance is needed.

In comparison with manned flights, sUAS are less dangerous,	 hence would not affect safety	

adversely.	 We take into account the following,	which justifies	our need for exemption of the	

referenced FAR’s sections	and rulings:

• The aircraft carries and uses no explosive materials or combustible liquid fuels of any kind.

• The sUAV, less than 3 lbs. of	total aircraft weight	with battery	and camera gimbal, would	

cause minimal damage in the event of	flight	failure.

• The sUAV operational properties will allow to operate the same under a defined and	

controlled	area for takeoff, flight and landing.

• Takeoffs, flights and landings will be restricted to small area where all nearby people may	

and can be aware	of	flight operations in	progress.

• All flights by PIC will begin and remain more than 5-mile radius of any airport,

unless	approved by	Flight Standards	Services, Ground / Tower Controls.

• All flights	will be maintained	with visual line of	sight (VLOS)	of	both, PIC	and VO

• Visual and verbal contact	will be maintained at all times of flight	operations	between PIC

and VO to detect and avoid possible midair hazards, such as trees, foliage, overhead	

transmission lines, towers,	birds, animals or other objects.

All aspects	of operations	will be conducted with the utmost consideration for safety. Preflight,	

flight, and post flightsafety assessment continuity and the inherently reduced risk of flying	a	sUAS

(when compared to traditional manned aircraftfor video, photo and surveys)the petitioner	will be

able to provide a greater level	of	safety.
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JANUARY	12,	2016

THE	BENEFIT	TO PUBLIC	INTEREST

By the FAA granting	 this exemption, it will provide a	 practical and economical benefit to	

consumers in general, in the	petitioner’s territory of operation within the Commonwealth of	the	

United	 States	 of	 America. By providing	 other alternatives to traditional forms	 of aerial

videography,	photography,	and surveys, we all can	benefit	economically	and risk	wise.

These key aerial sUAV characteristics make these services more accessible to smaller businesses,	

small and family owned	agricultural operations, surveying homeowners	and condo associations,	

just to name a few	as examples. All this, in	turn	increases public benefit	as	a whole.

IN CONCLUSION

The petitioner shall satisfy all criteria as established in Section 333 of the Reform	Act of 2012,	

including: size, weight,	 speed,	 flight within VLOS, distance	 from	 PIC, distance from airports,	

operational capabilities, preventive and safety maintenance, and benefit to the public in general.

Also, in accordance with FAA’s announcement of March 23rd, 2015, the petitioner will apply for

a Certificate of	Waiver or Authorization	for any and all flights	above 200 feet AGL.

These qualifications justify granting the petitioner, Michael	L.	Winalski, with an exemption to the	

stated sections of Title 14 CFR.	 In addition, the requests	of this	petition are very	similar and no	

different to numerous	other businesses (corporations, LLC’s or individuals), all of whom have	

received Section 333	exemptions for use of comparable aircraft	for similar operations.

I appreciate all your efforts and should you require contacting me, the petitioner, you may do so	

at e-mail:	Michael.Winalski@iCloud.com. Thank you very much for	your consideration.

Best Regards,

Michael	L.	Winalski

The petitioner