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Melvin T Treider 

803 Main St. W. 

Mt. Vernon, TX. 

75457

214-908-1579

meltreider@sbcglobal,net 

February 6,2016 

U. S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140 1200 

New Jersey Ave., SE

Washington, DC 20590

Re: Application for Exemption Pursuant To Section 333 of the FAA Reform Act of 20 12 from 

the following Federal Aviation Regulations ("FAR 's")

14 CFR § 21, subpart H, 

14 CFR §45.23 (b);

14 CFR §§ 61 .23 (a) and (c); 6l.10 l (c)(4) and (5); 61.l 13(a); 61.315(a);

14 CFR §§ 91.7(a); 91.9 (b) (2); 91.103; 91. 109(c); 91. l 19(c); 91.121; 91.15l (a)( l );

91.405(a); 91.407(a)(1); 91.409(a)( l) and (2) and 91.417{a) and (b).

Dear Sir orMadam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 

14 CFR Part 1 1, Melvin T. Treider ("Applicant") requests certain limited exemptions from the captioned 

FAR 's in order to own and operate small Unmanned Aircraft Systems (UAS) equipped to conduct 

commercial aerial photography and videography and for aerial data collection, inspection of structures and 

documentation of personal and real property so long as such operations are conducted within the conditions 

outlined herein or as may otherwise be provided under FAR's.

The Reform Act gives the Secretary of Transportation authority to determine if certain UAS may operate 

safely in the national airspace system (NAS) before completion of the FAA's plan and rulemaking to 

integrate UAS into the NAS. The Reform Act directs the Secretary to consider which types of UAS as a 

result of their size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within Visual Line of Sight (VLOS) do not create a hazard to users of the national airspace or a 

threat to national security. If the Secretary determines such aircraft may operate safely in the NAS the 

Secretary "shall establish requirements for the safe

operation of such aircraft."

The granting of this exemption request will benefit residential and commercial real estate, 

construction, agricultural and other industries by authorizing highly controlled UAS operations at or below 
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400 feet above ground level (AGL), within Visual Line of Sight (VLOS) by the applicant who holds an 

FAA Private Pilot Certificate or at times by another Pilot in Command (PIC) determined by the Applicant 

to be qualified and compliant with all FAR's.

Operations under the requested exemption would be limited to flights under VLOS, during 

daylight hours over privately owned property upon obtaining appropriate consent from owners and 

other interested parties. All UAS equipment operated under this application would weigh less than 

10 pounds including the payload, will operate at no more than 30 knots and have the capability to 

hover, and move vertically and horizontally simultaneously. It is anticipated that all operations would 

be conducted with the assistance of a Visual Observer who by maintaining the Subject UAS in VLOS 

and by verbal communication will assist the PIC to ensure in the area to be over-flown and surrounding 

are and remain clear of issues to safety.

All flight operations conducted under the requested exemptions will be by an FAA certificated 

pilot in conformance with all applicable FAR's and so that operation of the Subject UAS will not create a 

hazard to users of the National Airspace System (“NAS"), the public, property owners, or operators. The 

grant of this exemption request is in the public interest, would not create a hazard to users of the NAS 

or the public or pose a threat to national security.

The UAS proposed to be operated under the requested exemption will be a DJI Phantom 2 

Vision+ ("Subject UAS) which carries neither pilot, passenger, flammable liquids nor explosive 

materials and is controlled by radio communications over on a frequency which complies with regulations 

of the Federal Communications Commission (FCC). By reference a copy of the User Manual (V I .8) for 

the Subject UAS is intended as Attachment "A" to this application and can be viewed online at: 

http://download.dii-innovations.com

downloads/phantom-2-vision/en/Phantom2Vision User Manual v1.8 en.pdf.

Given the size, weight, speed, and limited operating area associated with operation of the Subject

 UAS and the restricted environment and conditions proposed, operations will be at least as 

safe, or safer, than a conventional aircraft operating with an airworthiness certificate without said 

restrictions. The Subject UAS does not have a cockpit, cabin, or pilot station and the size of aircraft 

identification and restriction markings will necessarily be reduced to be smaller than the required 

minimum. Such markings (e.g. "Experimental " and the FAA assigned "N" number) will, however, be as 

clearly discernible as possible and will otherwise comply with FAR's.

Following are references to certain FAR's followed by a brief explanation of why operation of 

the Subject UAS cannot comply with the same and why the proposed operations would nevertheless be 

safe and qualified under Section 333:

14 CFR 21, Subpart H and 14 CFR 91.7(a): As no airworthiness certificate has been issued for 

the Subject U AS the FAA regulatory standard for determining airworthiness has not been met. However, 

prior exemptions have been granted to other applicants intending to operate the identical or substantially 
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similar models of this aircraft. As noted below, by use of appropriate maintenance, pre-flight and 

operational practices in connection with each flight a level of safety equivalent to certificated aircraft 

will be attained. The "Phantom Pilot Training Guide" provided by the aircraft manufacturer by reference 

is incorporated as Attachment "B" to this application. The provisions therein will be incorporated into 

all operations and so will ensure safe operation of the Subject UAS. The complete pilot training guide can 

be viewed online at. http://download.dji -innovations.com/downloads/phantom 2 vision plus/en/

Phantom 2 Vision Plus Pilot_Training_Guide_ v l.l _en.pdf

14 CFR 91.9 (b) (2): The Subject UAS is not capable of carrying a flight manual on the aircraft, 

however an equivalent level of safety will be maintained by keeping the flight manual at ground control 

point where the PIC will have immediate access.

14 CFR 91.103: An FAA approved flight manual will not be provided for the Subject UAS so an 

exemption from this regulation is requested. Normal procedures to be followed will include but not be 

limited to; review of weather conditions, physical conditions at and surrounding the intended flight area, 

battery life requirements as related to the location of intended flight and takeoff and landing points and 

distances. All suggested safety and operational practices and protocols set out in the User Manual 

(Attachment A) will be followed.

14 CFR 91.109: The Subject UAS does not have fully functional dual controls. Flight control 

is achieved through the use of a control box linked to the aircraft via radio communication. A level of 

safety contemplated by this regulation will be achieved, however, because neither a pilot nor passenger 

will be on the Subject UAS and by its limited speed, size and range and operation over areas first cleared 

of persons on the ground.

14 CFR 91.121: The Subject UAS does not have a barometric altimeter buts a GPS based 

altitude read out provides an equivalent or higher level of safety since the PIC receives live flight 

data by radio telemetry which enables monitoring and confirming current altitude when considered 

with the elevation of launch site and as shown on GPS altitude indicator. The Subject UAS will not 

be operated at an altitude greater than 400 feet above ground level.

14 CFR 91.203 (a) and (b): Similar to 14 CFR 91.9 (b) (2), given the size and configuration, 

the UAS has no ability to carry certificate and registration documents on the aircraft. There is no 

room, capacity, or pilot on board to adequately stow such documents. An equivalent level of safety 

will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the 

ground control point where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a)(1), 14 CFR 91.409 (a)(2), 14 CFR 91.417 (a) and

(b): Given these sections apply to aircraft with an airworthiness certificate they do not apply to the 

Subject UAS. As a normal safety protocol the operator will perform preflight inspections and ensure 

UAS is in working condition before initiating each flight.
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In consideration of requested exemptions from FAR's. and in summary. the Applicant would restrict 

operation of the Subject UAS asfollows:

1. Limit the gross weight of the Subject UAS to less than 10 pounds.

2. Restrict the speed of the Subject UAS to the lesser of the maximum operating airspeed 

recommended by the manufacturer or I00 miles per hour.

3. The maximum altitude of operation of the Subject UAS above ground level will not exceed 400 feet. 

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

5. All operations will utilize a visual observer (VO) to assist the PIC in maintaining VLOS of the Subject UAS 

and situational awareness of potential hazards in the flight area. 

6. Prior to each flight the Applicant or a qualified and designated PIC will conduct a pre-flight inspection of 

the Subject UAS and confirm it is a condition for safe flight.

7. Flight operations will not be conducted at night.

8. Flight operations will be conducted under Visual Meteorological Conditions (VMC)

9. Operations will be conducted to allow a reserve of available power of five (5) minutes or the reserve 

recommended by the manufacturer whichever is greater. 

10. Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations section and believes 

that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk 

and ensure public safety. A preflight checklist will be developed and employed to ensure that the UA 

airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine 

inspections before each flight, maintaining flight and maintenance logs to record time on failure prone 

components. 

The petitioner requests that he be allowed to operate within five miles of an airport provided that: 

“The UA may not operate in class B, C, or D airspace without written approval from the FAA. The UA may 

not operate within five nautical miles of the geographic center of a non towered airport as denoted on a current 

FAA published aeronautical chart unless a letter of agreement with that airport’s management is obtained, 

and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. This letter 

of agreement with the airport management must be made available to the Administrator upon request.” 

Operations within five miles of an airport are not anticipated to be routine but the petitioner is requesting a 

mechanism to facilitate such activities without requesting a new and separate exemption should the need 

arise. Operations within class B airspace are not requested due to the aircraft’s lack of a mode C transponder. 

Because safe operation of the Subject UAS is so ensured and because the above operations and 

exemptions are reasonable and substantially similar to those previously granted other similarly situated 

applicants, this request isin the public interest and compatible with integration of civil unmanned aircraft 

systems (UAS) into the national airspace, a stated goal of the 20 12 Reform Act. 
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Thank you for your consideration of this application for which approval is requested. 

 Respectfully Submitted 

 

Melvin T Treider 

Attachment "A" OJ I Phantom 2 Vision+ User Manual (see hyperlink i n text on page 2)

Attachment "B"OJI Phantom 2 Vision+ Pilot Training Guide (see hyperlink in text on page 

3) TFT:Lexar:2015:drones