US Department of Transportation Exemption Request Pursuant to Section 333 of

the FAA

Reform Act and Part 11 of the Federal Aviation

October 28 , 2015

Alexander Rivkin 2350 Murray Ave. Huntingdon Valley, PA 19006

ari vkin@yahoo.com

U.S Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation Regulations from: 14 CF R 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

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

" Reform Act") And 14 CFR Part 11 of Unmanned Aircraft Systems (UAS),

Alexander Rivkin Hereby applies for an exemptio n from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following

areas:

1. Real Estate

2. Weddings

3. Resort / Hotel Advertisin g
4. Surveying

5. Weddings

6. Sports and Events Videography

7. Aerial Photography / Videography

8. Structural Inspections

9. Construction Sites

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document un der controlled conditions in the

NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... establish requirements for the safe operation of such aircraft systems in the national airspace system." The name and address of the applicant is

Alexander Rivkin 2350 Murray Ave. Huntingdon Valley, PA 19006 arivkin@yahoo.comFrom which the exemption is requested : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 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 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a) :

Grants of exemption in circumstances simil ar in all material respects, In Grants of Exemption Nos. 11062 to Astraeus Aeri al (see Docket No.

FAA

− 2014

− 0352), 11109 to Clayco, Inc. (see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No.

FAA

− 2014

− 0382), 11213 to Aeryon Labs, Inc. (see Docket No.

FAA

− 2014

− 0642), and 12645 to Allied Drones (see Docket No. FAA

2014

- 0804) Exemption Nos. 11062, 11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11112, 11213, and 12645

.

Alexander Rivkin Will operate one or more of the Following model UAS

DJI Phantom 3 Pro

S afety requirements. The approval of this application presents no national

s ecurity issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public in terest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enh ance the safety of the persons and/or propertyusing conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operatio ns Manual (FOM)

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is pla nned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a de signated Pilot in Command (PIC) . The PIC will have log ged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's fli ghts consisting of all the day’s activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Met eorological Conditions (VMC) only.11. The flights will occur in Cla ss G airspace no closer than a mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5

- m ile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advance d permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to

date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all

times.

17. The PIC will abide by all rules

.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated locatio n and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with

an automated "Return Home and Land" function

.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, o r emergencies such as low battery.

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 proceduralrequirements for the issuance of airworthiness certificates a s 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. The Federal Aviation Act (49 U.S.C.§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, operati onal 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted wi th airworthiness certificates issued under
14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operat ion, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external

load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registrati on number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters no t less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable

.

T he operator must also 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/' "light sport/' "experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed, as t he UAS will have no entrance to the cabin, cockpit or pilot station on which the word lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). USDepartment of Transportation February 20, 2015

.

Th e equivalent level of safety will be pro vided by having the UAS marked With a N number and or Experimental . Given the size of the UAS, two inch on its fuselage as required by §45.29 (f) where the pilot, observer and others working

with the UAS will see the identification of the UAS

, 14 C.F.R. § 61.113 (a) and (b ).

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property.

14 C.F .R. §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 for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2):

Civil Aircraft Fl ight Manual in the Aircraft. Section 91.9 (b) {2) 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 UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not onl y 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 flight manual at the ground control point where the pilot flying the UAS will have immediate access to

it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft perfo rmance data before initiation of flight

.

14 C.F.R. §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 fun ctioning dual controls. UAS andremotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the airc raft via radio communications. T he FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §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 th e minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstan ces where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perime ter, where buildings and people will not be exposed to operations without their pre

obtained consent.

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 of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to

fli ght operations with aircraft or rotorcraft weighting far more than the maximum

SSibs. Proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 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 C.F.R. §91.121 Altimeter Settings.

This regul ation 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." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the l aunch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFRConditions Section 91.151 (a) 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 applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes

or 2 5% of battery power

- 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 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation 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
operat e 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 UAS full y loaded we ighs well under the proposed 55 l b limit and is 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 UAS. An equivalent level of safety will be achie ved 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.

1 4 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspecti ons. 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 re paired as prescrib ed 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 to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. 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. An equival ent level of safety will be achieved because maintenance and inspections will be performed

in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensure that the UAS is in working order pri or to initiating flight and perform required maintenance needed. A uthority contained in 49 U.S.C. 106(f), 40113, and 44701

.

Additional Information.

The Alexander Rivkin believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's

UAS

.

The applicant, Alexander Rivkin requests your respective approval of this Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify Alexander Rivkin Of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Alexander RivkinMANUAL

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