### US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation June 13, 2015
U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue, SE Washington, D.C. 20590

Matthew F Richnavsky 1297 Mallard Drive East Chambersburg PA 17202 330
- 671
- 1785 mrichnavsky@hotmail.com Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 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, Matthew F Richnavsky operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption 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. I appreciate your consideration for reviewing my exemption request for the following reasons. 

### Operation/ Mission Provide a safe means for a erial photograph y and/or video for real estate, architecture, land surveying, engineering and other related professional activities; aerial video and/or photography

### for television, public events, cinematograph y and newsgathering; aerial inspection/photogra phy of residential/commercial structures; residential/commercial utility infrastructure. Regulations from 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) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) 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 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, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an an aly sis 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) ope rating 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 with 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 operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial externa l 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 provi sionally 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 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 catego ry 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 "limite d," "restricted," "ligh tsport," "experimental," or "provisional," as applicable. 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 wo rd “ Experimental ” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “ Experimental ” will be placed on the fuselage in compliance with § 45.29 (f). US Department of Transportation February 20, 2015 the equivalent level of safety will be provided by having the UAS marked 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 as “ Experimental. ” 14 C.F.R. § 61.113 (a) and (b): Private Pilo t Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), 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. 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 or property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed that the operation and limitati ons set forth in the FOM will equate to the safe operation of the 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. As there will be no airworthi ness 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 no t 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 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 fl yi ng 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 performance 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 functioning dual controls. UAS and remotely pilot ed 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 witho ut 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 s peed 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 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 e levated 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 circumstances 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 perimeter, where buildings and people will not be exp osed to operations without their preobtained 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 flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 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 altitu de 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 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 UAS may not have a barometric altimeter, but instead a GPS altitud e 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 launch site shown on the GPS altitude indicator b efore 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 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 25% 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 Registr ation 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 c ivil 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 fully loa ded weighs well under the proposed 55lb 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 achieved by keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them; to the extent they are applicable to the UAS. 14 C.F.R. § 91.405 (a) ; 407 (a) (1) ; 409 (a) (2) ; 417(a) & (b): Maintenance Inspections. T hese 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 to th e 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 re stricted 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 requi red 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 l evel 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, the operator will ensure that the UAS is in working order prior to initiating flight and pe rform required maintenance needed.



### Matthew F Richnavsky will be operating or assisting in the operations of A DJ I Phantom 3 P rofessional.

### DJIPhantom 3 Professional Specifications: **Aircraft Weight (including battery and propellers)**  

### 1280 g **Diagonal size (including propellers)**  

### 590 mm **Max Ascent Speed** 

### 5 m/s **Max Descent Speed** 

### 3 m/s **Hover Accuracy** 

### Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m
 

### Horizontal: +/

- 1.5 m **Max Speed** 

### 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 

### 6000 m **Operating Temperature** 

### 0°C to 40°C **GPS Mode** 

### GPS/GL ONASS **Sensor**
**Camera** Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range** 100
- 3200 (video) 100

- 1600 (photo) **Shutter Speed** 8s
- 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes**

 

### Single Shot
 

### Burst Shooting: 3/5/7 shots
 

### Auto Exposure Bracketing (AEB): 3/5 

### Bracketed Frames at 0.7EV Bias
 

### Time

- lapse **Video Recording Modes Phantom 3 Professional** 

 

### UHD: 4096x2160p 24/25, 3840x2160p 24/25/30
 

### FHD: 1920x1080p 24/25/30/48/50/60
 

### HD: 1280x720p 24/25/30/48/50/60 **Phantom 3 Advanced**

 

### FHD: 1920x1080p 24/25/30/48/50/60
 

### HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD Max capacity : 64 GB. Class 10 or UHS

- 1 rating required **Max Bitrate of Video Storage Phantom 3 Professional**  60 Mbps **Phantom 3 Advanced** 40 Mbps **Supported File Formats**

 

### FAT32/exFAT
 

### Photo: JPEG, DNG
 

### Video: MP4, MOV (MPEG

- 4 AVC/H.264) **Operating Temperature** 0°C to 40°C

**Gimbal**

### Controllable Range Pitch

- 90° to +30° **Stabilization** 3
- axis (pitch, roll, y aw) **Vision Positioning Max Velocity**  Less than 8 m/s (when 2 m above ground) **Altitude Range** 30 cm
- 300 cm **Operating Range** 30 cm
- 300 cm **Remote Controller Operating Environment**  Surface with clear pattern and adequate lighting (Lux > 15) **Operating Frequency** 2.400 GHz
- 2.483 GHz **Max Distance** 2000m (outdoors and unobstructed) **Video Output Port** USB **Operating Temperature** 0°C
- 40°C

### Battery 6000 mAh L iPo 2S **Mobile Device Holder** For tablet or phone **Receiver Sensitivity (1%PER)** 

- 101 dBm ±2 dBm **Transmitter Power (EIRP)**

 

### FCC: 20 dBm
 

### CE: 16 dBm **Working Voltage** 1.2 A @7.4 V **Battery Charger Voltage**  17.4 V **Rated Power Phantom 3 Advanced** 

 

### 57 W **Intelligent Flight Battery Capacity**  4480 mAh **Voltage** 15.2 V

### Battery **Type** LiPo 4S **Energy** 68 Wh **Net Weight** 365 g **Max Flight Time** Approximately

23 minutes **Operating Temperature**

- 10°C to 40°C **Max Charging Power** 100 W **App / Live View Mobile App**  DJIPilot **EIRP** 100mW **Live View Working Frequency** 2.4GHz I SM **Live View Quality** 720P @ 30fps (depending on conditions and mobile device) **Latency**

### 220ms (depending on conditions and mobile device) **Required Operating Systems**

 

### iOS 8.0 or later
 

### Android 4.1.2 or later **Recommended Devices**

 

### iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iPad mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus
 

### Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

**Auto -**  **Takeoff** With one tap in the DJIPilot app, your Phantom 3 will turn on its motors and rise to a pre - set height. It will then hover perfectly in place until you direct it where to go.

**Auto -**  **Return Home** When GPS is available, y our Phantom 3 remembers the exact spot that it took off from. Wherever your aircraft is fl yi ng, tap a button to have it return right back home.

**Failsafe** If the Intelligent Flight Battery is running low, or if y our Phantom 3 loses the connection with your remote controller for an y reason, the aircraft will automatically return to the takeoff point and land safel y.
Thank you for your consideration for granting exemption from Section 333 of the FA A Reform Act and Part 11 of the Federal Aviation regulations
. Sincerel y, Matthew F Richnavsky

### 1297 Mall ard drive East

Chambersburg PA 17202 330
- 671
- 1785