Aug 10 , 2015

United States Department of Transportation
Docket Management System 1200 New Jersey Ave SE Washington, DC 20590



## RE: Petition of Armstrong Aerial Imaging, LLC for Exemption Pursuant to Section
333 of the FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Armstrong Aerial Imaging, LLC ( " Armstrong Aerial Imaging " ), operator of Sm all Unmanned Aircraft Systems (" UAS " ), h ereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to all ow commercial operation of its UASs. Armstrong Aerial Imaging will conduct its operations within and under the conditions of this petition or as established by the FAA in granting a Section 333 exemption.



## Overview:

Armstrong Aerial Imaging was founded to provide aerial image and data services for customers in Seattle, WA and surrounding areas. Scott Armstrong, owner and chief pilot, holds an FAA Airline Transport P ilot certificate with over 2, 0 00 hours of flight time and 10 years of aerial photography and survey experience. Procedures have been adopted from the industry best practices of manned aircraft operations to ensure uncompromising safety standard s during operations of Armstrong Aerial Imaging's
UASs

.

Armstrong Aerial Imaging intends to operate the DJI Phantom 3 Professional UAS to collect photos and videos for the following purposes:

 Real estate

 Construction site monitoring

 Inspection of building s and structures

 Agriculture

 Environmental monitoring

 Civil planning

 Stock aerial photography

## UAS to be used: DJI Phantom 3 Professional:

The DJI Phantom 3 Professional UAS consists of a multirotor aircraft and ground station. The
aircraft has a maximum g ross weight of approximately 3 lbs ; measures 12 inches in length, 12 inches in width, and 7 inches in height; and has maximum speed of approximately 30 knots. It is equipped with four rotors, each being driven by a Lithium Polymer battery powered electric motor. The ground station consists of a model

- airplane style controller with iPad Air 2 providing video and
advanced controls. The controller operates at a frequency of 2.4 Ghz. Further information regarding the DJI Phantom 3 Professional can b e found in the attached User Manual.



## A

. N ame and address of the applicant :

Armstrong Aerial Imaging, LLC Attn: Scott Armstrong
6252 27th Ave NE Seattle, WA 98115
Ph.: 206

- 412

- 1056
Email: scott@armstrongaerial.com



## B

. Sections of 14 CFR for which exemption is sought:

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a)
14 C.F.R. 91.119
14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. (91.401

- 91.417)



## C . Extent of relief sought and reason why Armstrong Aerial Imaging see ks the relief:

Relief sought for 14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit s private pilots to non

- commercial operations. Armstrong Aerial Imaging
requests an exemption of this rule to allow Private pilot ce rtificate holders to act as PICs of it s UAS during commercial operations. As set forth more fully below in Section E
, Armstrong Aerial Imaging
believes that an equivalent level of safety will be maintaine d because no PIC will be allowed to operate the UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the UAS in a manner consistent with the operations specifications as set
forth h erein, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.Relief sought for 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. Since no airworthiness certificate is required for the UASs to be used, Armstrong Aerial Imaging requests relief from this rule to allow for operation of its U ASs by determining airworthiness based on compliance with operating documents and conducting thorough preflight in spections prior to every flight, as described in the operating manual of the UAS.

Relief sought for 14 C.F.R. 91.119: Minimum safe al titudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) limits aircraft flying over areas other than congested areas to a minimum altitude of 500 ' AGL. Over sparsely populated areas, aircraft cannot be operat ed closer than 500 feet of any person, vessel, or structure. Armstrong Aerial Imaging requests an exemption to this rule to allow for UAS operations from the
surface to a maximum altitude of 400' AGL. This is to allow for low altitude aerial photography

c onsistent with the intended use of sUAS, while maintaining an equivalent level of safety as described more fully in Section E below.

Relief sought for 14 C.F.R. 91.121 Altimeter Settings. This regulation requires each person operating an aircraft to set the barometric altimeter to the appropriate altimeter setting so as to maintain a safe distance from other aircraft

. Because the UAS will
not have a n adjustable barometric altimeter, but instead a GPS altitude read

- out, an exemption is requested to allow operations with an equivalent level of safety.

Relief sought for 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 (consideri ng 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 leas t 45 minutes.” The intent of this requirement is to provide enough fuel reserve in the event of delays due to congestion or weather at an airp ort. Armstrong Aerial Imaging requests relief from this rule to the extent requir ed to allow flight of their UAS to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5
minutes. Relief for this rule is requested because without an exemption from 91.151(b), the limited flight time duration of Armstrong Aerial Imaging's battery

- powered UASs will severely constrain the

pr acticality of flight operations while providing a negligible increase in safety.

R elief sought for 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 of this part and shall betw een 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. Armstrong Aerial Imaging requests relief from these rules since they only apply to aircraft with an airworthiness certificate. Armstrong Aerial Imaging proposes to operate the DJI Phantom 3 Professional UAS , which meet s theconditions of Section 333 of the FMRA for operation wit hout an airworthiness certificate. All

maintenance, alterations, or preventive maintenance on Armstrong Aerial Imaging's UASs will be in accordance with the methods, techniques, and practices prescribed in the operating documents. Furthermore, only the Or iginal Equipment Manufacturer (OEM) or qualified OEM maintain ers will perform higher level inspections and maintenance per the operating documents and OEM standards. Armstrong Aerial Imaging will document and maintain all maintenance records for the p ropos ed UAS

.



## D. Why granting the request would be in the public interest

Approval of exemptions allowing commercial operations of UASs will enhance safety by reducing the risk associated with performing similar operations in larger manned aircraft . Larger pi ston or turbine powered aircraft carry large amounts of flammable fuel, as well as living human beings. In some operations, especially low altitude aerial photography and inspection, these aircraft operate in close proximity to structures and other object s, increasing risk. In contrast, a UAS weighing fewer than 55 pounds and powered by small electric motors eliminates almost all of that risk given the reduced weight and lack of combustible fuel carried on board. The UAS will carry no passengers or crew a nd, therefore, will not expose anyone to the risks associated with manned aircraft flights.



## E. Why granting the exemption would not adversely affect safety, or how it would provide an equivalent level of safety

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. An equivalent level of s afety will be maintained by requiring the PIC of each UAS to demonst rate, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures

. Armstrong Aerial Imaging submits that, due to the operational nature of UAS, the additional manned airmanship skills held by a comm ercially certificated pilot do not transfer to additional skills during UAS operations. Armstrong Aerial Imaging will ensure that the PIC of each UAS holds either an airline transport, commercial, private, recreational, or sport pilot certificate accompanied by a current FAA airman medical certificate or valid U.S. driver's license, as required, and w ill be acc ompanied by a Visual Observer. The PIC will be required to have accumulated and logged, in a manner consis tent with 14 C.F.R. 61.51(b), 10 hours of total time as a UAS pilot including at least 5 of those hours as a UAS pilot operating the same m ake and model of UAS to be used for operations under the exemption

. The PIC must also have satisfactorily demonstrated 

### evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days for currency purposes. The Visual Observer will have been given training on UAS regulations, the types of operations to be conducted, and procedures necessary fo r safe and effective conduct of their job duties.Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.7(a): Civil

aircraft airworthiness. An equivalent level of safety will be provided by the PIC's thorough evaluation o f the airworthiness of the UAS prior to every flight. This evaluation will consist of a thorough preflight inspection consistent with the operating manual of the UAS, compliance with all applicable operating documents, and verification that all required m aintenance has been complied with. The preflight check will consist of a visual check of the physical condition of the aircraft and powerplant, an operational check of the flight control surfaces, and verification of strong signal between ground control s tation and aircraft.

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.119:
Minimum safe altitudes. An equivalent level of safety will be maintained by the PIC and Visual Observer's careful observation of
the UAS dur ing all operations and the use of standardized callouts to prevent collision with structures, vehicles, and vessels. Visual Line of Sight with the UAS will be maintained at all times, and no non

participating persons will be present during flight operatio ns. Altitude readouts on the ground station will be used to ensure that a maximum altitude of 400' is never exceeded to prevent flight at altitudes of manned aircraft. Additionally, the small size, light weight, low speed, and lack of combustible fuel in the
UAS contribute t o an equivalent level of safety that meets or exceeds that that of manned aircraft operations in compliance with 91.119.

Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.121 Altimeter Settings. An equivalent level of safety will be achieved by confirming the altitude of the launch site shown on the
GPS a ltitude indicator before flight, and operating the UAS at an altitude of no more than 400' AGL so as to maintain adequate separation from manned aircraft operating at higher altitudes. Visual line of sight with the UAS will be maintained at all times, and a Visual Observer will be utilized to ensure the UAS is
clear of all manned aircraft.

Why an exemption for the following rule would not adverse ly affect safety: 14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions.

A n equivalent level of safety can be achieved by ensuring that the UAS has enough battery power to fly

to the first point of intended landing and, assuming normal cruisi ng speed, to fly after that for at least 5
minutes. Due to the visual line of sight requirements for UAS, operations will never be conducted outside of the vicinity of the PIC and observer. All flights will be planned to allow for a minimum of 5
minutes of battery time remaining at the planned landing site. If an aborted landing must be conducted, the additional 5 minutes of reserve battery will allow for sufficient time to locate a new landing location and conduct a safe landing.Why an exemption for the following rule would not adversely affect safety: 14 C.F.R. 91.405 (a); 407

(a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

An equivalent level of safety can be obtained by complying with all inspections and maintenance required by the m anufacturer. All maintenance, alterations, or preventive maintenance on Armstrong Aerial Imaging's UASs will be in accordance with the methods, techniques, and practices prescribed in the operating documents. Furthermore, only the Original Equipment Manuf acturer (OEM) or qualified
OEM maintain ers will perform higher level inspections and maintenance per the operating documents
and OEM standards. Armstrong Aerial Imaging will document and maintain all maintenance records for
the proposed UAS

.


## F. Summary fo r publishing in the Federal Register:

Armstrong Aerial Imaging seeks exemption from the requirements of 14 CFR Sections 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), and 91.401

- 91.417.

This exemption will permit Armstrong Aerial Imaging to conduct commercial operation of Unmanned Aerial Systems (UAS) within the National Airspace System for the purpose of aerial photo, video, and
data collection.



## G. Any additional information, views or arguments

Additional information may be found in the at tached documents, which include the Phantom 3 Professional User Manual, Intelligent Flight Battery Safety Guidelines, and Safety Guidelines Disclaimer.



## H. Operations outside of the United States

All operations will be conducted within the United States o f America.

## Conclusion:

As detailed above, Armstrong Aerial Imaging respectfully requests an exemption from the aforementioned sections of 14 CFR pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. If this exemption is grant ed, it will allow Armstrong Aerial Imaging to conduct commercial operations of small UAS under a set of rules allowing for safe aerial data collection, benefiting the public and local economy.

Sincerely,

Scott Armstrong Armstrong Aerial Imaging LLC
6252 27th Ave NE Seattle, WA 98115
206

- 412

- 1056 scott@armstrongaerial.com