(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or email address;

BRIANNA NESSLER Small Giants, LLC

4531 N. 16 th Street, Suite 126 Phoenix, AZ 85016

Phone: 602

- 314

- 5549

Email: Brianna@s mallgiantsonline.com

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

Summary:

Small Giants, LLC (“Small Giants”) seeks exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a), 61.113 (b), 91.103, 91.7(a), 91.9(b)(2), 91.119(c), 91.121, 91.151(a), 91.203(a), 91.203(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.4 09(a)(2), 91.417(a), 91.417(b)

, and Part 21. This exemption will permit Small Giants to operate a small Unmanned Aircraft Syste m (“UAS”) DJI Phantom 2 Vision+ Quadcopter , while keeping the documents required by the regulations at the ground control station and immediately accessible to the pilot in command.

(b) The specific section or sections of 14 CFR from which you seek an ex emption;

In accordance with the Federal Aviation Administration ’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of

2012 (“the Act”) , I

, Brianna Nessler

, (“ P etitioner ”) , request s exemption from the following sections of Title 14, Code of Federal Regulations §§

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) and (b): PRIVATE PILOT PRIVILEGES and LIMITATIONS

14 C.F.R. 91.103

14 C.F.R. 91.7(a): CIVIL AIRCRAFT WORTHINESS 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.119(c): MINIMUM SAFE ALTITUDES

14 C.F.R. 91.121: ALTIMETER SETTINGS

14 C.F.R. 91.151(a)(1): FUEL REQUIREMENTS 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405(a): MAINTENANCE REQUIRED

14 C.F.R. 91.407(a)(1): OPERATION AFTER M AINTENANCE REBUILDING

ALTERATION14 C.F.R. 91.409(a)(1) and (2): INSPECTIONS

14 C.F.R. 91.417(a) and (b): MAINTENANCE RECORDS

14 C.F.R. Part 21

The exemption is sought i n order to commercially operate UAS commercially in airspace regulated by the FAA for the purposes of aerial photography, cinematography, videography, and

ot her flight operations that can be performed safely and cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircr aft. Operations will be in support of aerial videography, cinematography, photography jobsite pre

construction documentation, infrastructure documentation, construction progress documentation and post

- job as

- built documentation of commercial real estate an d/or commercial construction

sites

. Operations will be performed only at the request of and with the authorization and permission of clients (municipalities) or their authorized agents

.
Federal Aviation Regulations (FARs)

P etitioner seeks exemption from t he aforementioned FARs for the follo wing reasons;

14 C.F.R. § 45.23 Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. UAS are unmanned. T herefore , they do not have a cabin, cockpit or pilot station on which to mark certain words or phr ases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation. Exemptions Nos. 8738, 10167, 10167A and

10700.

14 C.F.R . § 61.113 Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. Petitioner can achieve an equivalent level of safety as achieved by current FARs

because the UAS does not carry any pilots or passengers. Further , while perhaps helpful, a pilot

license will not ensure remote control piloting skills. The risks attributed to the operation of

Petitioner’s UAS are far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. A s such, P etitioner is able to operate the UAS in a manner which meet s and exceed s current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). In addition,

Petitioner holds an OSHA (Occupational Safety and Health Administration) 10

- hour certification to ensure maximum safety awareness while flying UAS on construction jobsites.

14 C.F.R. 91.103 This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement, as the Petitioner will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, scouting location and all other actions in

the Preflight Checklist in the Phant om 2 Vision User Manual (the Manual) . These actions will provide an equivalent level of safety.

14 C.F.R. 91.7(a)This regulation p rohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in t he form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) This regulation requi res an aircraft flight manual be kept within t he aircraft. As there are no on

board pilots or passengers, and g iven the size of the UAS, this r egulation is inapplicable. The FAA has previously issued exemptions to this regulation in Exempti on Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.119 14 C.F.R. § 91.119 prescribes safe altitudes f or the operation of civil aircraft. It allows helicopters to be operated at lower a ltitudes in certain conditions. Petitioner's UAS will never operate at an altitude greater than two hundred ( 200 ) feet Above Ground Level (200 AGL ) ;

s ignificantly below th e standard of 400 AGL. Petitioner

, will

, however operate the UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved.

14 C.F.R. § 91.121 This regulation regarding altimeter settings is inapplicable insofar as the UAS utilizes electronic global positioning systems with a barometric sensor.

14 CFR § 91.15 1 (a ) 14 C.F.R. § 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions.

Petitioner’s UAS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which req uire an exemption from 14 CFR § 91.151(a).

The battery powering the UAS provides approximately thirty five ( 35 ) minutes of powered flight. To meet the thirty ( 30 ) minute reserve requirement in 14 CFR §91.151, UAS flights would

be limited to approximately five ( 5 ) minutes in length. Gi ven the limitations on the 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 night VFR conditions is reasonable.

Petitioner belie ves that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91 .151 (a)). Operating the small UAS, in a tightly controlled area whe re (i) only people and property owners or official representatives who have signed waivers will be allowed, with less than thirty ( 30 ) minutes of reserve fuel, and (ii) it 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. Additiona lly, limiting UAS flights to ten ( 10 ) minutes would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to thirty ( 30 ) m inutes, or enough

batt ery reserve to ensure that the UAS lands at th e ground station with at least twenty percent( 2 0% ) of battery power (as determined by the onboard monitoring system and the Petitioner ),

whichever happens first. This restriction would be mo re than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b)

Th is provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations b y Petitioner

.

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

The above

- cited FARs require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between requ ired inspections,
except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Petitioner’s UAS. However, as a safety precaution

Petitioner will inspect the UAS before and after each flight.

14 C.F.R. § 21, Subpart H This regulation sets forth requirements for procurement of necessary airworthiness certificates in

relation to § 9 1.203(a)(1). The size, weight a nd enclosed operational area of Petitioner's UAS permits exemption from Part 21 because the UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Act. The FAA is authorized to exempt aircraft fr om the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Act. Both pieces of legislatio n permit the FAA to exempt UAS from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airpo rts and dense populations. P etitioner ’ s UAS meets or exceeds each of the

elements.

(c) The extent of relief you seek, and the reason you seek the relief;

P etitioner seeks to operate the commerc ially available DJI Phantom Visions + quad

- copter UAS to conduct aerial videography and photography for marketing and promotional purposes in the

commercial real estate and construction industries.

(d) The reasons why granting your request would be in th e public interest; that is, how it would benefit the public as a whole;

Aerial photography and videography for commercial real estate and commercial construction marketing has been utilized for decades by way of manned fixed wing aircraft and helicopters. For small budget entities , contractors and subcontractors, the expens e of such aerial shoots is

cost

- prohibitive. Only large companies can afford to absorb such a cost thereby depriving smaller companies of a valuable marketing tool and harming competition . Photography and videography through the responsible use of the UAS furthers the public’s interest.Manned aircraft pose a threat to the public through potential catastrophic crash, routinely results

in the loss of life, with combustible fuel explosions occurring on impact. This UAS pose s no such threat , as size and lack of combustible fuel alleviates any potential threat to the public. This

ultra

- light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of this ultra

- light weigh t UAS crashing is far less than a full size helicopt er or fixed wing aircraft as they are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

Moreover, p ublic interest is furthered by minimizing ecological and crash threat by permitting

aeria l video/photo capture through the battery operated ultra

- l ight weight UAS . Permitting

P etitioner to imme diately fly at or below 200 AGL furthers economic growth. Granting this exemption request substantially furthers the economic impact for the commercial real estate and construction community for companies looking to bui ld, renovate and restore properties. All of

which will be able to more fully serve as a stimulus to the community.

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by t he rule from

which you seek the exemption;

Petitioner notes the FAA's findings in the Grant of Exemption No 11138 in the matter of the petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA

- 2014

- 0481: The FAA

finds that a grant of exemption is in the pubic interest. The enhanced safety and reduce d

environmental impact achieved using a UA S with the s pecifications described by the P etitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that

the U AS operation enabled by this exemption is in the public interest.

Petitioner submits the following representations of enhancements to current aerial videography and photography for real estate:

• The UAS weighs less than five ( 5 ) pounds complete;

• The UAS is o nly operated below 200 feet (well within the 400 foot permissible ceiling set by

the Act );

• The UAS only operate s for 10

- 15 minutes per flight;

• The UAS is landed prior to manufacturer recommended minimum level of battery power;

• The UAS is piloted thro ugh remote control only by line of sight;

• There is a UAS assistant/observer at each flight, who also has the UAS in line of sight;

• The UAS has GPS

, a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

• F light data and other sources of information are actively analyzed to constantly update and

enhance safety protocols;

• The UAS is only operate d in reasonably safe environment that are (i) strictly controlled, (ii) away from powerlines, elevated lights, airports and actively populated areas

, and (iii) during daylight hours;

• E xtensive pre

- flight inspections are conducted during which safety carries primary importance;• A ll necessary permissions are obtained prior to operation;

• All procedures are in place to stet flights in the event of safety breaches or potential danger.

Petitioner notes the Conditions and Limitations relative to the Grant of Exemption No.11138 in the matter of the petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA

- 2014

- 0481 and will co mply with the (thirty

- three) 33 items as listed in the Exemption. Petitioner has

an identical model Phantom 2 Vision +.

(f) A summary we can publish in the FEDERAL REGISTER, stating: (I) The rule from which you seek the exemption; and

Following the Grant of Exemption N o. 11138 in the matter of the Petition of Douglas Trudeau, Realtor, and Regulatory Docke t ID. FAA

- 2014

- 0481, Petitioner requests an exemption from the same specific sections of 14 CFR:

14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) and (b): PRIVATE PILOT PRIVILEGES and LIMITATIONS

14 C.F.R. 63. 13: APPLICABILITY

14 C.F.R. 91.103

14 C.F.R. 91.109 14 C.F.R. 91.7(a): CIVIL AIRCRAFT WORTHINESS 14 C.F.R. 91.119(c): MINIMUM SAFE ALTITUDES

14 C.F.R. 91.121: ALTIMETER SETTINGS 14 C.F.R. 91.151(a)(1): FUEL REQUIREMENTS 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405(a): MAINTENANCE REQUIRED 14 C.F.R. 91.407(a)(1): OPERATION AFTER MAINTENANCE REBUILDING

ALTERATION 14 C.F.R. 91.409(a)(1) and (2): INSPECTIONS 14 C.F.R. 91.417(a) and (b): MAINTENANCE RECORDS

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificate s, Manuals

(II) A brief description of the nature of the exemption you seek:

Petitioner seeks an exemption for the purpose of using the PHANTOM 2 Vision + for hobby, recreational and commercial photography and videography to provide commercial real estate and

construction clients and the general public with educational footage and to use such footage for marketing/promotional purposes.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.Petitioner notes the FAA's findings in the Grant of Exemption No 11138 in the matter of the petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA

- 2014

- 0481: The FAA finds that a grant of exemption is in the pubic interest. The enhanced safety and reduced environmental impact achieved using a UA S with t he specifications described by P etitioner and carrying no passengers or crew, rather than a manned aircraft of sign ificantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.