To: Docket Operations DOT Page 2 of 10 

Contrast Visuals & Consulting 

Jonathan Howard 

3904 Park Ave. 

Nashville, 3 7209 

(615) 852-8182 

Date: June 22, 2015 

2015-06-27 21:00:01 (GMT) 

U. S. Department of Transportation Docket Management System 

1200 Ne•v Jersey Ave., 

SE Washington, DC 20590 

16155232048 From: Jonathan Howard 

RE: Petition of Contrast Visuals & Consulting for Exemption Pursuant to Section 333 of 

the FAA Reform Act 

Attn: To whom it may concern 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform 

Act) and 14 C.F.R. Part 11, Contrast Visuals & Consulting, operator of Small Unmanned 

Aircraft Systems ("sUASs") equipped to conduct aerial photography and videography, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") 

to allow commercial operation of its sUASs, so long as such operations are conducted 

\X.tithin and under the conditions outlined herein or as m.ay be established by the FAA as 

required by Section 333.1 

As described more fully below, the requested exemption wouJd pem1it the operation of 

sinall, unmanned and relatively inexpensive sUAS under controlled conditions in 

airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if 

granted, would allow Contrast Visuals & Consulting to conduct commercial operations of 

small unmanned aircraft systems ("UAS") meeting or exceeding an ofthe operational 

and safety requirements Congress has set forth in Section 333. Page 2 

Contrast Visuals & Consulting is a media/technology company owned and run by Nathan 

Thompson. With Jonathan Howard being the Pilot In Command. Mr. Howard has been 

active in Radio Controlled Airc.raft for the past 2 years with experience rotary wing 

aircraft. 

Contrast Visuals & Consulting plans to exploit the capabilities of Unmanned Aerial 

Systems to offer a multitude of services, including: 

- Aerial surveying 

- Event Photography/Videography 

- Agriculture purposes 

- Real Estate Photography 

- Aerial filmmaking and photography 

- Construction site inspections and monitoring 

Statutory Authority Section 333, titled ''Special Rules for Certain Unmanned Aircraft •~Y:SLIJU.l:S , J-'IOVIUI::S tll.lii:I.:Ui:lU.I.:Sill I.UI :SI,;;I:li.JH):; t:.'l.fJl;Uiti,;;U I't\1"\. tlUtll\.JUZ,tll.ll.lll 01. :Stllt: I.:!Vll 
To: Docket Operations DOT Page 3 of 10 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if 

certain umnanned aircraft systems may operate safely in the national airspace system 

before completion of the (comprehensive) plan and rulemaking required by section 

332(b)(l) of this Act or the guidance required by section 334 of this Act." In Section 

332(b)(l), Congress made it clear that Section 333 provides a mechanism for "expedited 

operation authorization" if several factors are met. Petitioner meets all requirements to 

pennit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief From the Following: Regulations from ,~.rhich the 

exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121Page 3 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401- 91.417) 

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to 

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a 

much smaller environmental impact which promotes public safety. 

We are petitioning li)r exemption to enable Contrast Visuals & Consulting to operate a 

DJI Inspire 1 upgraded to the latest ±innware and equipped with a three-axis camera 

gimbal and using a 4K camera. This sUAS has a built-in capability to limit the height it 

t1ies above the ground; to limit the radius of the distance it flies from the operator. The 

Inspire 1 also has the failsafe function of the autopilot system which means when the 

communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from controller \Viii go to the center position. If the GPS 

signal is good enough, the system will automatically trigger Return to Home and will 

land safely. 

Please refer to the link to the DJI Inspire 1 Instruction Manual for the performance 

limitations and flight operations. 

htln.//downloacL£11!:. 

.innovations.com/downloads/inspire lien/Inspire I User Manual vl.2 en.pdf 

Aircraft weight is 104oz. with battery, 3 Axis Camera Gimbal and Camera 
To: Docket Operations DOT Page 4 of 10 2015-06-27 21 :00:01 (GMT) 16155232048 From: Jonathan Howard 

A Pre-night inspection will be perfom1ed by the PIC in accordance with the tactory 

instmction manual. An added step will be the inspection of the propellers. A propeller 

v\ill be replaced if it has any nicks and cracks with a manufacturers authorized propeller. 

The sUAS will be maintained in accordance with the manufacturers instruction manual 

and only manufacturer's authorized replacement parts will be used. 

FCC Information 

This DJI Cl transmitter used for contro1ling the sUAS complies with part 15 of the FCC 

ru.les. Operation is subject to the following two conditions: 

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference 

received, including interference that may cause undesired operation. 

The DJI C 1 radio transmitter used. for controlling the sUAS is wireless technology which 

has been tested and found to be compliant with the applicable regulations governing a 

radio transmitter in the 2.400GHz to 2.4835GHz frequency range. 

Antenna Separation Distance 

When operating our DJI C 1 transmitter, the PIC will maintain a separation distance of at 

least 5 em between his body (exduding fingers, hands, wrists, ankles and feet) and. the 

antenna to meet RF 

exposure safety requirements as determined by FCC regulations. 

Pilot in Command and Observer Qualifications and Duties 

The PIC will maintain at least 2 hours 11ying time and 3 takeoffs and landings within 30 

days in the type ofUAS utilized in opemtions. 

The PIC wili have at least 50 hours total time and at least 30 hours flying Radio 

Controlled Model Aircraft ofwhich wlll be 10 hours Hying sUAS's. 

Training will be conducted at a local Radio Control Club flying field. Perch Photography 

has the ability to provide "dual controls" utilizing two DJI Cl transmitters with a wire]ess 

link between the transmitters. One transmitter is designated the master transmitter and the 

other transmitter is designated as a slave. The PIC instmctor, utilizing the master 

transmitter, \vill be at all times be able assume control ofthe sUAS. 

The PIC is responsible for the safe and. efficient operation of the airc.raft. Specific duties 

include all pretlight preparation, in Hight operation, post night requirements, all 

procedures including but not limited to: 

Safe in llight operations 

Risk Mitigation to Persons and property Airfield. Suitability 

The Observer must have the visual acuity to observe the sUAV and be able to 

communicate clearly with the PIC. 

The Observers duties are; 
To: Docket Operations DOT Page 5 of 10 2015-06-27 21 :00:01 (GMT) 16155232048 From: Jonathan Howard 

warning the PIC of any impending obstacles in the night path of the sUAS. 

warning the PIC of any deviations in the planned flight path ofthe sUAS. 

warning the PIC should any unauthorized personnel appear in the area of the planned 

flight. The Observer will have the authority to order the PIC to terminate the flight should 

he feel the t1ight cannot be conducted safely. 

General Operating Standards 

• Contrast Visuals & Consulting will only operate its sUAS in line of sight of a pilot 

and/or observer and will operate at sites that arc a 'su±1icient distance' from populated 

areas. Such operations will insure that the sUAS will''not create a hazard to users ofthe 

national airspace system or the public." 

• Before an operation of a sUA V within 5NM of an airport with a control tower, the 

control towerwi11 be called to gain pen11ission to operate the sUAS. The PIC will give 

the position, altitude and the times the sUA V will be operated. The sUAS will not be 

operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles 

visibility and a 1000 foot ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notiHed and the PIC will give the right of way to avoid Hying in the proximity of 

fulJ-scale aircraft. At no time will the sUAV be operated within the final approach course 

and the takeoff course of any runway. The sUA V will not be operated. at an altitude of 

over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 J()ot ceiling. 

• Maximum night time for each operational11ight will be a maximum of25 minutes. 

• Flights will be tem1inated at 25% battery power reserve should that occur prior to the 25 

minute limit. · 

• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned. 

• Minimum crew f{)r each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUA V operated by the petitioner weighs less than 55 pounds, inc1uding the payload 

(i.e. camera, lens, and gimbals). 

• The sUAV will operate at speeds of no more than60 .knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUA V and the restricted sterile environment within which 

they will operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and wi11 thereby reduce current risk levels and thereby enhance safety and diminish 
To: Docket Operations DOT Page 6 of 10 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

the likelihood of death or serious bodily injury. With a small payload and maximum 

night time of only 25 minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles arc far more effective than 

ground based. imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The applicants in the past have chartered 2-scat fullsized helicopters for this purpose, which has proven more costly than many potential 

clients have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA wm be valuable to and benefit many buyers and sellers of real 

property. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, the polke, the sheriti, et al., 

while remaining subject to all limitations cited in this application as we do so. 

(a) No flight will be made with a Gross weight exceeding 15 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 60 knots and no further than 1 NM from the PIC; 

(c) All operations must utilize a visual observer (V 0). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to lllghts over private property with the pennission of the 

property owner; 

(e) All required permits will be obtained from state and local government prior to 

operation; 

(l) Contrast Visuals & Consulting will not be operated over densely populated areas; 

(g) Contrast Visuals & Consulting will not be operating over any open-air assembly of 

people; (h) Contrast Visuals & Consulting will not be operating over heavily trafficked 

roads; 

As well as the mentioned above, our sUAV has a $1,000,000 liability insurance policy. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Contrast Visuals & Consulting requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation of the 

sUA V System: 
To: Docket Operations DOT Page 7 of 10 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, we request an experimental certificate be issued for the DJI Inspire 1 under 

either or both of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes: (a) Research and development. Testing new aircraft design concepts, new 

aircratt equipment, new aircralt installations, new aircrait operating techniques, or new 

uses for aircraft. 

(b) Showing compliance with regulations. Conducting night tests and other operations 

to 

show compliance with the airworthiness regulations including flights to show compliance 

tor issuance of type and supplemental type certificates, tlights to substantiate major 

design 

changes, and flights to show compliance with the function and reliability requirements of 

the regulations. Since the experimental certifkate can be used for commercial purposes 

such as market surveys, sales demonstrations, and customer crew training, we would 

expect that an experimental certificate would permit our commercial purpose as well. The 

aircraft wm not cany persons or property, will not carry fuel, and will only lly under 

strict operational requirements. Combined with the UA's light weight, being constructed 

primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if 

not safer, than a conventional1y certificated 

aircraft performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then \ve request an exemption of 14 CFR Part 21, S1ibpart 

H, 

and the requirement for an airworthiness certificate in general, citing the equivalent level 

of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display 

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The sUA V does not have an entrance in which the word 

"EXPERIMENTAV' can be placed, and may not have a registration number assigned to 

it by the FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the 

PIC (Pilot In Control), YO (Visual Observer) and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, we teel 

that the pem1anent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground 

station a high contrast flag or banner that contains the words "Unmanned Airc.raft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM 

of the ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 
To: Docket Operations DOT Page 8 of 10 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (h) allows a 

private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) 

The aircraft does not carry passengers or property for compensation or hire. Our proposed 

operations require that the PIC must maintain at least 2 hours flying time and 3 takeoffs 

and landings within 30 days in the type ofUAS utilized in operations. 

The PIC will have at least 50 hours total time and at least 30 hours flying Radio 

Controlled Model Aircrait of which will be 30 hours of sUA V's Flight time. Since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

F ARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

Hight manual is in the aircmfl:. We assume that the intent of this requirement is to ensure 

that flight manual ini(mnation is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved sUA V Flight Manual must be available to the crew at 

the ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests 

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." Training will be 

conducted at a local Radio Control Club t1ying field. Perch Photography has the ability to 

provide "dual controls" utilizing two DJI Cl transmitters with a wireless link between the 

transmitters. One transmitter is designated the master transmitter and the other transmitter 

is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all 

times be able assume control of the sUA V. 

91.ll9 Minimum safe altitudes: 

GeneraL The regulation states that over s;parsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned Hight path has been perfom1ed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therelbre we maintain that due to the 
To: Docket Operations DOT Page 9 of 1 0 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to mam1ed aircran, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reterence to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conf1ict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a fllght in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the iirst point of intended landing and to 

iJy after that tor at least 20 minutes. We feel the intention of this paragraph is to provide 

an energy reserve as a sa1ety buffer for delays to landing. The sUA Vis battery operated 

and the maximum duration of flight trom a single battery charge is 15 minutes with a 

20% reserve. Since the aircraft will never fly more than 1 NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or cre\v." At a maximum 

gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have 

an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent 

level of safety and meet the intent of 91.203, we propose that documents deemed 

appropriate for this aircraft by the FAA will be with the crew at the ground control station 

and avai1able for inspection upon request. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an aiffi'orthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43. 7" after maintenance and inspection. It is our intention that the PIC 

perfom1maintenance and inspection of the aircraft and "he authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every Jllght and in addition conduct detailed inspections after every 

two hours of flight. Maintenance perlonned by the PIC is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and 

Hrmware for the on~board computer. All other maintenance will be pertom1ed by the 

manufacturer or their designated repair facility. The PlC will document work performed 

in accordance with 91.417. We feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety. 
To: Docket Operations DOT Page 10 of 10 2015-06-27 21:00:01 (GMT) 16155232048 From: Jonathan Howard 

Safety and Benefits of the UAS 

Contrast Visuals & Consulting will be using the UAS in a variety of applications that 

generally require expensive full-size manned aircraft to complete. Small, light, unmanned 

aerial vehicles offer myriad benet1ts over the use of full-sized manned aircraft for electric 

power line inspection, oil/gas pipeline inspection, advanced agriculture, film and stiiJ 

photography, just to name a few. Replacing significantly larger manned aircraft carrying 

crew and t1ammable fuel with small U AS carrying no passengers or crew creates a much 

greater margin of safety for the pilots and crew. By granting Perch Photography's 

requested exemptions, the FAA will help drive development of safe and successful 

commercial U AS operations and will advance the public knowledge base for such 

operations. Contrast Visuals & Consulting is committed to promoting the UAS research 

eJiorts of policymakers including the FAA, NASA, DOD and DARPA by sharing data 

from its commercial UAS operations and serving as a resource for future UAS research 

operations. Thus, the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this app11cation, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, llght-weight devices operated within the 

line of s1ght of the Pilot-in-Command (PIC), Jess than 400 feet above the ground and 

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities, unless the air traffic control authorities (ATC) have been notified and 

have authorized each flight within a radius of this distance. 

A11 our UASs have proven capability f()r controlled flight. They are devices ofli:red for 

general sale on the market around the world and have often been used as Model Aircraft 

in the USA. We are certain that the studies conducted until now by the FAA, about 

Section 332, Public Law 112-95, 2014, have already provided you with the assurances on 

the airworthiness of SUAs such as ours. 

For the 11.)regoing reasons, the exemptions requested herein should be granted and 

Contrast Visuals & Consulting should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA. The submission of this application and its contents is the best 

demonstration that indeed it is possible to pursue the authorization process so that some 

SUAs may be used for legitimate commercial activities and under reasonably safe 

conditions. 

Signed