**U.S Department Of Transportation, Docket Operations West**

**Building Ground Floor, Room WS**
**- 12**  **- 140**  **1200 New Jersey Avenue SE Washington, DC 20590**  **Dear Sir or Madam,**  **Accordance to Section 333 of the FAA Modernization and Reform Act of 2012, (the Reform Act),**  **I, Kevin Spaulding, DBA Outback Aviation LLC, hereby apply for an exemption from Federal Aviation Regulations (FAR’s) detailed below to allow**  **for commercial operat ion**  **of a Phantom 3 Standard, four rotor UAS with an attached factory Gimbal Mount** **ed DJI 2.7K**  **UHD Camera for the purposes of aerial**  **photography and video for real estate and client requested photo and video. As the Reform Act allows the FAA to “establish**  **requirements for safe operation of such aircraft systems in the national airspace system”, I**  **, Kevin Spaulding, use r**  **of the Phantom 3 Standard will provide the following benefits and enhance or provide an equivalent level of safety.** 
**1. The Phantom 3 Standard has a maximum takeoff weight of less than 3**  **pounds. ( Maximum takeoff weight is 2.68 LBS) an d thus offers a**  **lightweight, small and compact platform compared to manned aircraft.**

**2. The Phantom 3 Standard offers significant safety, noise, emission, security**  **and environmental benefits not available to larger manned aircraft.**
**3. The Phantom 3 Standard h**  **as numerous safety features such as an automatic return home feature should the signal between PIC and UAS be**  **interrupted, GPS based altitude and distance locks, fli ght limit**  **functions to provide preset limits for al**  **titude, speed and distance limits, and l ow**  **battery warnings which is automatically sent to the PIC and will return home automatically and land when needed** 

**4. Operations utilizing the Phantom 3 Standard will provide a benefit to the**  **general public and serve the public interest by providing the serv ice of**  **aerial photographic images and video to numerous businesses and individuals for considerably less than the previously available option of** 

**utilizing manned aircraft at an equivalent level of safety .**  **The Aircraft Operations and an Equivalent Level Of Safety** 

**1. The safe operation of the UAS will be the first priority before, during and**  **after every operation. It will be taken with the most seriousness. Safety is number one and that is why I wish to request this exemption.** 

**2. The Phantom 3 Standard has**  **a maximum takeoff weight of 1216 grams or approximately 2.68 pounds. It has a diagonal length of 590mm and a**  **maximum speed of 16 meters per second.**



### 3. **The UAS utilizes GPS/GLONASS location and is controlled by a high**  **powered 5. 8 GHz transmitter which keeps t** **he UAS very responsive. All**  **frequencies conform to Federal Communication Commission requirements**  **. The maximum transmission distance is 1000m (U.S.) and**  **automatically changes when entering o ther countries such as Europe or**  **Japan.** 

### REMOTE CONTROLLER Operating Frequency 5.725 GHz

– 5.825 GHz, 922.7 MHz

– 927.7 MHz (Japan) Max Transmission Distance FCC: 1000 m; CE: 500 m (outdoors and unobstructed, aircraft's altitude at 400 feet (120 m)) Operating Temperature 0°C to 40°C Battery 2600 mAh LiPo 18650 Transmitter Power (EIRP) FCC: 19 dBm CE: 14 dBm Working Voltage 600 mA @ 3.7V Charging Port Micro USB

**4. All UAS operations will be conducted at a Visual**  **Line Of Sight (VLOS) of no higher**  **than 400 feet AGL. 5.**  **No UAS operations will be conducted within 5NM of an airport.** 

**6. No UAS operations shall occur over densely populated areas, large**  **assemblies of people, stadiums, government building s** **, power lines or major roads**  **.**
**7. All nonparticipating persons shall be a minimum of 500 feet from the**  **UAS.**

**8. If a nonpartici**  **pating person comes within 500 feet of the UAS, flight operations will cease immediately. Safety will be the most important**  **concern.**

**9. All UAS operations shall take place during daylight hours and under**  **conditions equivalent to Visual Flight Rules (VFR) wit h the UAS no more**  **than 1/2 mile from the PIC.**

**10. All UAS operations will have a Visual Observer (VO) present and all**  **operations will be with line of sight (LOS) of the VO.**

**11. The UAS will yield to all manned aircraft at all times.** 

**12. All required permits and pe**  **rmissions will be obtained from local and state government should they be required.** 

**13. A preflight inspection by the PIC will be performed prior to each flight to**  **ensure that the UAS is safe for flight. A post**
**- flight inspection will also be**  **performed as an added level of safety.** **14. At no time shall the UAS be operated with missing or manufactured** 

**unapproved parts, or in any condition that could pose a hazard to any other aircraft or structure or person on the ground.** 

**15. Prior to all UAS operations a preflight**  **meeting or observation will be held to determine the parameters of flight in a given location, any hazards**  **present, weather conditions, safety procedures at the specific locat ion**  **and approximate duration, route of flight**  **and temporary flight restrictions**  **. If any hazards are found the flight will NOT take place.**  **Once I receive an “Exemption Number” or a “Docket Number” I will obtain a**  **“Certificate Of Waiver or Authorization” from the FAA Air Traffic Organization prior to conducting operations with**  **in the Nat**  **ional Airspace System.** 

**16. The Phantom 3 Standard UAS will utilize GPS/GLONASS location, auto**  **return home and will never be operated below 20% battery capacity.**

**17. The PIC for Outback Aviation LLC will be Kevin Spaulding. Mr. Spaulding**  **holds an Airline Transport Pilot Certificate for airplane single and multiengine land, Flight Instructor Certificate and is an FAA Designated**  **Pilot Examiner. Mr. Spaulding has been a certificated pilot since Aug 4,**  **1982 and is currently a professional pilot with over 21,000 total flight**  **hours and has never had a violation** **/incident or accident . Mr. Spaulding**  **will maintain at least a current FAA third class medical. However, if Mr. Spaul**  **ding chooses to do so he could act as the PIC at the Sport Pilot level which does not require an FAA medical in which case he would be**  **required to maintain a current drivers license. Mr. Spaulding is obtaining UAS training from another Phantom 3 Standard P**  **IC and through t**  **he manufacture**  **r . Mr. Spaulding**  **is comfortable and confident in his abilities. Mr. Spaulding is also obtaining information from the local FSDO, the**  **Michigan State Police, Michigan Department Of Natural Resource as well as local law**  **enforcement entities to become current on a ny local**  **operating restrictions as well as to make those entities aware of the intent**  **to begin commercial operations and to assure them that all operations will be conducted safely and within the scope of the** **regu lations.**  **Mr. Spaulding will be the final authority when determining** 

**all preflight, flight and post flight actions and decisions regarding GO/No**
  ** Go decisions.**

**18. Visual Observers will be resp**  **onsible to Kevin Spaulding. The visual observer will be responsib**  **le for being a “second set of eyes” for the PIC. The visual observer will watch the UAS to make sure that all operating**  **limitation s** **, weather minimums, obstacle clearances, and all applicable regulations are being complied with. The visual observer will als**  **o watch for hazards during the flight such a**  **s approaching people, vehicles, hazardous weather,**  **and make sure that the UAS remains within its**  **prescribed flight area. The observer will maintain visual contact with the UAS at all times. The visual observer wi**  **ll notify the PIC im mediate if**  **something unsafe, hazard**  **ous or potentially hazardous is observe**  **d. The**  **visual observer will receive such training from Kevin Spaulding and will be thoroughly briefed by Mr. Spaulding prior to the operation.**  **Mr. Spaulding’s fam**  **ily has been involved in aviation with him for over 20 years and understand these regulations and the role of**  **being a visual**  **observer.**

**The Phan tom 3 Standard is a small and safe sub 10 pound plastic an**  **d composite UAS utilizing four**  **p ropellers driven by an**  **Intellige nt Flight 4480 mAh LiPo 4s**  **15.2v smart battery with a maximum flight time of 25 minutes. The remote transmitter operates at 5.8 HGz. The aircraft software has been set to FAA**  **regulations of 400 feet ceiling and recognizes zones around airports an d forbids**  **flight within 1.5 miles of the center of a type A airport, and outside the 1.5**  **miles up to 5 miles the altitude increase from 35 feet to 400 feet in a conical fashion. For example: at 1.5 miles from the center the maximum altitude is 35**  **feet and at 3.25 miles from the center the maximum altitude is 217.5 feet. This**  **is an excellent feature and allows those who wish to take photos with their drone at very low altitude to do so sa**  **fely. Example.....if an operator wants to**  **take photo’s at 10 feet above the ground two miles from an airport, the**  **operation can be conducted safely. The incorporated FLY SAFE technology restricts flight in areas deemed not permitted by the FAA, for example**  **Washington DC. The aircraft will automatically return to the point of**  **origin or descend in place if**

**the signal with the transmitter becomes weak or lost. The UAS is unmanned,**  **operates at low altitudes, does not run on combustible fuel, has a very low decibel noise level emission, has a very small payload capacity and a short**  **flight time which significantly reduces current risk levels involved with utilizing**  **manned aircraft for aerial photography. Additionally, past purchasers of aerial photography have had to contract with**  **manned aircraft operations at significant expense. I will provide a public benefit**  **in allowing more people to access aerial photography images and video at a significantly lower price and in the process we will be providing that data at a**  **great or equivalent level of safety in comparison to similar manned o perations.**  **It is the applicants belief that the small size of the Phantom 3 Standard UAS, the basic operating parameters outlined above, the specific exemptions listed**  **below, equivalent level or safety provided at a much lower cost to the general public w**  **ill allow the FAA to grant an exemption to DBA: Outback Aviation LLC, for commercial UAS aerial photography operations under Reform Act 2012.**  **The exemption requests follow below. Thank you for considering my request.**  **Sincerely, Kevin Spaulding**  **Outbac k Aviation LLC**  **1701 W Lotan Rd McBain Mi 49657**  **231 -**  **878 -**  **3316 Email:**  **outbackaviationllc@yahoo.com Petitio**  **n for Part 21;and 45.23(b); 61.113(a)&(b); 91.7 (a); 91.9(b)(2);**

**91.103(b); 91.109; 91.119; 91.121; 91.1519(a); 91.203(a)&(b);**  **91.405(a): 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b) of the Title 14, Code Of Federal Regulations**