October 17, 2015 

German Novaria 

1015 E Yager Ln Unit 98 

Austin, TX 78753 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition for Exemption 

Dear Sir or Madam, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, German Novaria 

(the petitioner), hereby request exemption to conduct commercial aerial data collection and UAS 

flight instruction. The following is in accordance with 14 C.F.R. §11.81. 

Petitioner: 

Address: 

Phone: 

Email: 

German Novaria 

1015 E Yager Ln Unit 98 

Austin, TX 78753 

(512) 502-5120 

novaria@mail.com 

The petitioner seeks exemption from sections 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 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)(l) and (2); 14 CFR 91.417(a) and (b). 

The petitioner seeks relief from the listed sections to the extent necessary to allow the petitioner 

to operate a UAS to conduct aerial data collection, and UAS flight training for the following 

reasons. 

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 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 the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 ofthe 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 

small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated 

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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 

small 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 with 

airworthiness certificates issued under 14 CFR Part 21 , Subpart H. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by the small 

UAS, due to its size, speed of operation, location of operation, 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 

registration 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 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 small UAS will have no airworthiness certificate, an exemption may be needed 

as the small 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 small UAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the small 

UAS will see the identification of the small UAS as "Experimental." 

14 C.F.R. §61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot 

in command of an aircraft that is carrying passengers or property for compensation or hire. Our 

small UAS do not carry any pilots or passengers nor property therefore I am seeking an 

exemption to 14 CFR 61.113 (a). 

Although helpful, a pilot's license will not ensure remote control piloting skills. The risks 

attendant to the operation of small UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will 

equate to the safe operation of the small UAS. 

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. 

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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 Flight 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 small 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 flight manual at the ground control point where the pilot flying the small UAS 

will have immediate access to it. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.1 03 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. 

Small UAS and remotely 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 aircraft via radio communications. The 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 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 the 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 small 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 small UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the small UAS is used to survey or photograph a structure whose height 

exceeds 400 feet AGL, the small UAS will not be operated more than 1 00' above the highest 

point on the structure. It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their preobtained consent. 

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

well as the location where it is operated. No flight will be taken without the permission ofthe 

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 

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operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 551 bs. 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 small UAS will ensure separation 

between these small UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation 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 small 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 operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

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 battery powering the small UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight 

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

for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, 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. Additionally, limiting small UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted. Applicant believes that 

an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power- whichever happens first. This restriction would be more than adequate to return the small 

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 operate 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. 

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The small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the small UAS. 

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

point where the pilot flying the small UAS will have immediate access to them; to the extent 

they are applicable to the small UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E ofthis part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter 

... ,"and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section 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 these small 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 small 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The 

operator will ensure that the small 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 equivalent level of safety will be achieved 

because maintenance and inspections will be performed in accordance with the small UAS 

Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in 

the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight 

and perform required maintenance needed. 

Public Interest and Level of Safety 

Given the small size of the small UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act's safety requirements. 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 interest. 

The proposed UASs are DJI models Phantom 3, Inspire 1 and 81000+. 

Links to user manuals and specs: 

http://www.dji.com/product/phantom-3/download 

http://www.dji.com/product/phantom-3/spec 

http://www .d j i .corn/product/inspire-1 I download 

http://www.dji.com/product/inspire-1 /spec 

http://www .dj i.corn/product/spreading-wings-s 1 000-plus/download 

http://www.dji.com/product/spreading-wings-s1000-plus/spec 

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Conclusion 

The petitioner is a airplane and helicopter rated private pilot. Having worked for a DJI authorized 

distributor and repair center he logged significant flight hours operating the above proposed 

UASs and is dedicated to their safe and responsible operation. 

Sincerely, 

German Novaria 

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