Kaufman Engineering, Inc.

1444 E Lackawanna Ave

Olyphant PA, 18447

cdrzewiecki@kaufmaneng.net

FAA

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12-140

Washington, DC 20590

Dear Sir or Madam,

Kaufman Engineering, Inc. is submitting this Petition for Exemption for Unmanned Aircraft Systems operations

(Section 333 of the FAA Modernization and Reform Act). 

Chad Drzewiecki is both an FAA certificated Private pilot (Certificate Number 3724383) and a UAS 

enthusiast with hundreds of recreational flight hours on various UAS Systems. Chad is employed by Kaufman 

Engineering, Inc., a mining engineering firm with interests of serving its clients with aerial surveys through the 

use of UAS. Chad is an active participant in approved FAA training classes for recognized educational 

hours through the FAA, and EAA with whom he is a member. Kaufman Engineering takes the skills and 

education for safe operation of UAS very seriously.

Kaufman Engineering, Inc.’s request is for a waiver of the sections identified below in an effort to operate a 

UAS for commercial applications comprised primarily of conducting topographic surveys of surface mining 

operations. Kaufman Engineering believes this exemption would serve both the public and economic 

interests through more frequent and cost effective surveying.
Introduction

Kaufman Engineering, Inc. believes we are eligible for the above stated exemption because of our 

extremely professional methodology and understanding of not only UAS systems, but other aeronautical 

operations. As with any aerial operation, we recognize the inherent danger associated with UAS systems, 

and our potential future operations would be conducted with safety as our primary goal. Our pilot (Chad 

Drzewiecki), has an understanding of operational and restricted airspace, aviation related weather, typical 

traffic patterns and altitudes of both commercial and General Aviation aircraft (both en-route and typical 

approach patterns nearing both towered and pilot controlled airports). Because of the licensure 

associated with flying GA aircraft, Mr. Drzewiecki’s understanding of these operations adds another level of 

safety in operating a UAS system. 

We believe that continual education of both civil/commercial aeronautical operations and UAS system 

operations are key to a safe and effective UAS operation. Through formal FAA sponsored classes and 

operational experience, Kaufman Engineering, Inc. believes that not only our, but all UAS systems have the 

opportunity to reach a higher level of safety and operational efficiency. It is our hope that safety protocols 

for commercial use of UAS can be developed as efficiently as possible. Through granting this exemption, 

we feel that our future operational experience could help play a role in developing a safer flight 

experience for all UAS users. 

Authority for Exemptions

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority 

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the exemption in 

the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether UASs may operate in the 

national airspace system without creating a hazard to the user, the public, or a threat to national security. 

In making this determination, the Secretary must consider:

 The UAS' size, weight, speed and operational capability; 

 Whether the UAS operates within the visual line of sight of the operator;

 Whether the UAS operates outside of highly populated areas and away from close proximity to 

airports. 

Reform Act 333(a). If the Secretary determines that a UAS "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. 333(c).
The DJI Phantom Vision 2+ is a multi-rotor aircraft weighing less than three pounds, including payload. It has 

the ability to operate under normal conditions at a speed of no more than 30 knots and has the capability 

to hover and move in the vertical and horizontal plane simultaneously. The UAS will operate only in the 

pilot's or visual observer's visual line of sight at all times. Such operations will insure that the UAS will "not 

create a hazard to users of the national airspace system or the public." Reform Act Section 333(b).

UAS Description:

The UAS Kaufman Engineering, Inc proposes to use is produced by DJI (model: Phantom 2 Vision +). This 

type of model is commonly referred to as a “quad copter,” which has four electric motors and four rotors 

that are independently controlled for directional movement. The DJI Phantom 2 vision + weighs less than 

three pounds (including payload) and is powered by lithium ion batteries. 

The Phantom 2 Vision + is controlled using a traditional transmitter (operating on a frequency ranging from 

5.728 GHz to 5.85 GHz) with an operational range exceeding 0.5 miles. This particular model can be 

operated in both fully autonomously or manually. Autonomous operations are controlled by an accurate 

on board GPS system. Typical operations will include uploading waypoints to the unit before takeoff, so if 

connection between the transmitter and aircraft is lost, the mission can be carried out and a fully 

autonomous safe landing will be made. At any time during autonomous flight, the operator can terminate 

the planned GPS flight and manually control the aircraft.

All flight parameters (all battery levels, altitude, GPS driven ground speed, GPS satellite connection 

status/number of GPS satellites in use, barometric altitude, aircraft distance/direction from operator, aircraft 

orientation, flight time, linear flight distance, etc.) can be monitored during flight. 

Flight Operations:

We are well aware of conducting safe flight operations and planning flight paths that eliminate any 

overflight of crowds. Our proposed public safety UAS operations are typically conducted at low altitudes 

less than 400 Feet AGL (within Class G airspace), not over crowds, and not near airports. Flights will end 

when battery reserve reaches 25 percent. Operations will not occur under IFR conditions. In addition, 

preflight and post-flight checklists and UAS examinations will help detect any abnormalities prior to flight 

and after flight. Any UAS unable to satisfy safety checklists will be removed from service until the issue can 

be resolved. Granting this request would not adversely affect safety since operations would be in 

accordance with current UAS rules. 

Privacy:

All flights will occur over private or controlled access property with the property owner's prior consent and 

knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise 

having agreed to be in the area where aerial photography will take place.
Section 333 Compliance and Appropriateness:

Based on the size of the craft, experience of the pilot, and operational goals, this request appears to be 

well suited for approval using the criteria outlined in Section 333 of the FAA Modernization and Reform Act 

of 2012 and will move safe flight operations forward in accordance with the intent of Section 333.

Kaufman Engineering, Inc. is currently seeking exemption of:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 45.29

14 CFR 61.23

14 CFR 61.113(a) & (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) & (b)

14 CFR Subpart E (91.401-91.417)

Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness certificates:

Subpart H, 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 Kaufman Engineering, Inc., 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. The Federal Aviation Act (49 

USC §44701(f) 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 UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted 
environment and under the conditions proposed, will be at least as safe, or safer, than a conventional 

aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. 

14 CFR 45.23(b) & 14 CFR 45.29: Marking of the aircraft; Display of Marks; Size of Marks

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high "limited", "restricted" "light-sport," 

"experimental," or "provisional," near each entrance to a cabin, cockpit or pilot station. Even though the 

UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance 

to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the 

UAS, 2 inch lettering will be impossible. Kaufman Engineering, Inc. will mark the UAS with the organization's 

name, address, and contact information. 

14 CFR 61.23: Medical certificates; Requirement and duration

Regulations provide that a person:

 (1) Must hold a first-class medical certificate: 

- When exercising the pilot-in-command privileges of an airline transport pilot certificate;

- When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

- When serving as a required pilot flight crew member in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday. 

 

(2) Must hold at least a second class medical certificate when exercising:

- Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(1)(ii) of this section); or 

- Privileges of a commercial pilot certificate. 

Given the size of the UAS, it’s structure, the limited flight area and the safety features integrated into the 

autopilot (among others the flight termination system), Kaufman Engineering, Inc. believes that an 

Equivalent Level of Safety can be reached if the pilot-in-command has a valid private pilot certificate.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113(a) and (b)

limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot 

operating the aircraft to have completed UAS manufacturers’ flight training before flying a UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living 
thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in the User Guide. The risks associated with the operation of the small 

UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety 

achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there 

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight 

an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, 

not only because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be maintained by keeping the User Manual at the 

ground control point where the pilot flying the UAS will have immediate access to it.

14 CFR 91.103: Preflight action 

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the User Guide and safety checklists. These actions will provide 

an equivalent level of safety.

14 CFR 91.109: Flight instruction Section 

91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. By design, UASs and remotely 

piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of 

a control box that communicates with the aircraft via radio communications. The equivalent level of safety 

is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control 

the UAS via radio signals from the controller and by the size and speed of the aircraft.
14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters 

to be operated at less than the minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multi-rotor 

craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate 

at altitudes of 200 feet above ground level (AGL), so an exemption may be needed to allow such 

operations. The UAS will never operate at altitude higher than 400 feet AGL and all operations will occur 

during daylight hours under Visual Meteorological Conditions (VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because advance notice to the property owner and any on-site personnel, as well as the 

precautions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 200 feet from all non-participating persons (persons other than 

the pilot in command (PIC) or visual observer (VO), vessels, vehicles and structures, unless: 

1. Barriers or structures are present that sufficiently protect non-participating persons from debris in the 

event of an accident. The PIC will ensure that non-participating persons remain under such protection. If a 

situation arises where non-participating persons leave such protection and are within 200 feet of the UAS, 

flight operations will cease immediately and/or; 

2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those objects and; 

3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a). 

The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 

miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will 

provide notification to the local Flight Standards District Office and airport controller of all operations within 

5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices-toairmen.

Compared to flight operations with aircraft or rotor craft weighing far more than the UAS proposed herein 

and carrying flammable fuel, any risk associated with our operations if far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, 

the low-altitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the 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." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to 

operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 

91.151(a). 

The battery powering the UAS provides approximately 20 minutes of powered flight. This would render the 

UAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on the UAS's 

proposed flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve to 

ensure that the UAS lands at the ground station with at least 25% of battery power (as determined by the 

on-board monitoring system and the PIC), whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

The UAS has no cabin, cockpit or pilot station and is operated without an on-board pilot. Therefore, there is

no ability or place to carry certification and registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the 

UAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b); 14 CFR Subpart E (91.401-91.417)

: Maintenance inspections 

These regulations 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.

Given that these sections and part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply Kaufman Engineering, Inc. Maintenance will be accomplished by the operator pursuant to 

the User Guide. 
An equivalent level of safety will be achieved because these UASs are 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 

UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User 

Guide, the operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance and keep a log of any maintenance performed. Moreover, the operator 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.

Ongoing Efforts:

We are also keenly aware of the new issues involved in UAS public safety operations and would greatly like 

to assist public safety departments to fly with commonsense and safety first in mind. With your help we 

hope to obtain this exemption in order to use my exempted flight experience to help any agencies get off 

on the right foot, learn what they don't know, and help them to move forward to operate safer while they 

utilize the UAS.

Suggested Public Federal Register Summary:

"The petitioner is seeking an exemption to operate unmanned aircraft systems (UAS) with a maximum 

weight of less than three pounds to perform engineering tasks such as producing topographic maps,

composite aerial photographic images, video production, and other engineering related tasks in the 

mining and related and industries. Onboard cameras will be used to collect both still images and videos. “

Sincerely,

Chad Drzewiecki

Kaufman Engineering, Inc.