MAG Aerial Im aging, LLC

Matthew Gorajek 8 Spruce Court Hightstown, NJ 08520 (609) 577

- 1330 mattgorajek@gmail.com Date: July

1, 2015 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE Washington, DC 20590
RE: Petition of MAG Aerial Imaging , LL C 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, MAG Aerial Im aging , LLC, o perator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped to conduct aerial photography and videograph y, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such o perations are conducted within and under the conditions outlined herein or as may be established b y the FAA as required b y Section 333.1 As described more full y below, the requested exemption would permit the operation of small, unmanned and relatively in expensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if grante d, would allow MAG Aerial Imaging , LL C to conduct commercial operations of small unmanned aircraft sy stems (“UAS” ) meeting or exceeding all of the operational and safet y requirements Congress has set forth in Section 333. Page 2 MAG Aerial Im aging , LLC is a media/technology company owned and run by Matthew Gorajek. Mr. Gorajek has been active in aviation for the las t 24 y ears, employ ed first as a Certified Flight Instrument Instructor, followed on as an Airline Pilot for a large commercial airline. He currentl y holds a 1 st class Medical along with a Airline Transport Pilot certificate. He has been active in RC aircr aft for the last 10 y ears. MAG Aerial Im aging , LLC plans to exploit the capabilities of Unmanned Aerial Sy stems to offer a multitude of services, including:

- Aerial surveying

- Event Photograph y/Videograph y - Agriculture purposes

- Real Estate Photograp hy

- Aerial filmmaking and photograph y

- Construction site inspections and monitoringStatutory Authorit y Section 333, titled “Special Rules for Certain Unmanned Aircraft Sy stems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft sy stems may operate safely

in the national airspace s ys tem before completion of the (comprehensive) plan and rulemaking required by section 332(b)( 1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The Petitioner Requests Relief From the Following: Regulations from which 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 Sy stem 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 safet y. We are petitioning for exemption to enable MAG Aerial Imaging , LLC to operate a DJ I Inspire 1 up graded to the latest firmware 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 flies 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 sy stem which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signa l is good enough, the sy stem will automatically trigger Return to Home and will land safel y. Please refer to the link to the DJ I Inspire 1 Instruction Manual for the performance limitations and flight operations. http://download.dji

innovations.com/down loads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf Aircraft weight is 104oz. with battery , 3 Axis Camera Gimbal and CameraA Pre

- flight inspection will be performed by the PIC in accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will 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 re placement parts will be used.
**FCC Information** This DJIC1 transmitter used for controlling the sUAS complies with part 15 of the FCC rules. 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 DJ I C1 radio transmitter used for controlling the sUAS is wireless technology , which has been tested and found to be compliant with the applic able regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our DJ I C1 transmitter, the PI C will maintain a separation distance of at least 5 cm between his body (excluding fingers , hands, wrists, ankles and feet) and the antenna to meet RF exposure safet y requirements as determined b y FCC regulations. **Pilot in Command and Observer Qualifications and Duties** The PI C will maintain at least 2 hours fl yi ng time and 3 takeoffs and landings within 30 day s in the t ype of UAS utilized in operatio ns. The PI C will have at least 25 hours total time and at least 30 hours fl yi ng Radio Controlled Model Aircraft of which will be 10 hours flying sUAS's The PI C is responsible for the safe and e fficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and propert y Airfield S uitability The Observer must have the visual acuity to observe the sUAV and be able to communicate clearl y with the PI C. The Observers duties are; warning the PIC of an y i mpending obstacles in the flight path of the sUAS. warning the PIC of an y deviation s in the planned flight path of the sUAS. warning the PIC should any unauthorized personnel appear in the area of the planned flight. The Observer will have the authorit y to order the PIC to terminate the flight should he feel the flight cannot be conducte d safel y.**General Operating Standards**

• MAG Aerial Im aging , LLC will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ys tem or the public." • Before an operation of a sUAV within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will gi ve the position, altitude and the times the sUAV 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

- to wer controlled, airport operators will be notified and the PIC will give the right of way to avoid fl yi ng in the proximity of full

- scale aircraft. At no time will the sUAV be operated within the final approach course and the takeoff course of any runway . T he sUAV will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. • Maximum flight time for ea ch operational flight will be 20 minutes. • Flights will be terminate d at 25% battery power reserve. • 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 for each operation will consist of the sUAS Pilot, and Visual Observer. • The sUAV operated b y the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals). • The sUAV will operate at speeds of no more than 60 knots, can hover, and can simultaneously

move vertically

and horizontally

. • Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations adhere to the Reform Act's safety requirements. The UAS, powered b y 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 will thereb y reduce current risk levels and thereb y enhance safety and diminish the likelihood of death or serious bodily in jury . With a small payload and maximum flight time of onl y 20 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than ground based imagery

for displaying the charac teristics of large, complex properties withseveral buildings and large trees. The applicants in the past have chartered 2

- seat full

sized 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 will be valuable to and benefit man y bu ye rs and sellers of real propert y. Additionally , we request that we be allowed to use our sy stem to benefit first responders nearb y who might require assistance, including fire fighters, the police, the sheriff, 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 35 pounds; (b) All operations must o ccur 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 (VO). The VO and PIC must be able to communicate b y voice at all time s during a flight operation; (d) Operations will be restricted to flights over private property with the permission of the propert y owner; (e) All required permits will be obtained from state and local government prior to operation; (f) MAG Aerial Imagin g , L LC will not be operated over densel y populated areas; (g) MAG Aerial Imaging , LLC will not be operating over an y open - air assembly of people; (h) MAG Aerial Imaging , LLC will not be operating over heavily trafficked roads; **EXEMPTION REQUESTS AND EQUIV ALENT LEVEL OF SAFETY**  MAG Aerial Im aging , LLC requests an exemption from the following regulations as well as an y additional regulations that may technicall y apply to the operation of the sUAV Sy stem: **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 Sy stems, we request an experimental certificate be issued for the DJ I Inspire 1 under eithe r 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 aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.**(b) Showing compliance with regulations** 

. Conducting flight tests and other operations

to show compliance with the airworthiness regulations including flights to show compliance for issuance of t ype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements o f the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well . The aircraft will not carry

persons or propert y, will not carry fuel, and will onl y fly 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 conventionally certificated aircraft performing the same mission. I f an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safet y 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 sUAV does not hav e an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safet y b y including the word "EXPERIMENTAL" in the placard on the top of the aircra ft, as shown above, where the PI C (Pilot In Control), VO (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 feel that the permanent placard discussed in the pr evious 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 Aircraft Ground Station" in letters 3 inches high o r greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to any one that observes the aircraft and chooses to investigate its point of origin. **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 (b) allows a private pi lot to act as pilot in command of an aircraft in connection with any business or employ ment 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 propo sed operations require that the PI C must hold at least a Private Pilot Certificate with a Class III Medical issued b y the FAA and 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 FARs, 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 flight manual is in the aircraft. We assume that the intent of this requirement is to e nsure that flight manual information 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 safet y and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station an yt ime the aircraft is in, or preparing for, flight.
**91.119 Minimum safe altitudes** : General. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the t ypical mission of the sUAS would be photograph y 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 propert y or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or propert y on the surface. Therefore we maintain that due to the small size of the UAS, the hazard t o persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. **CFR 91.121 Altimeter settings**

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an alti meter setting available within 100 NM of the aircraft. The sUAS will alway s fl y below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the take off point is transmitted via radio from the sUAS on

- board computer to the display screen held b y the PI C, 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 flight in an airplane under day

- vFR conditions unless there is enough fuel to fl y to the first point of intended landing and to fly after that for at least 20 minutes. We feel the intention of this paragraph is to provide an energy reserve as a saf

ety buffer for delay s to landing. The sUAV is battery operatedand the maximum duration of flight from a single battery charge is 15 minutes with a 20% reserve. Since the aircraft will never fl y 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: Certificati ons 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 certif icate be "display ed at the cabin or cockpit entrance so that it is legible to passengers or crew." 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 o r 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 available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. **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 airworth y 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 PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworth y condition prior to every

flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PI C is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair fac ility . The PI C 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. **Safety and Benefits of the UAS** MAG Aerial Im aging , LLC wi ll be using the UAS in a variety of applications that generall y require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer m yri ad benefits over the use of full

- sized manned aircraft for electric power line inspect ion, oil/gas pipeline inspection, advanced agriculture, film and still photograph y, just to name a few. Replacing significantly larger manned aircraft carry ing crew and flammable fuel with small UAS carrying no passengers or crew creates a muchgreater mar gin of safet y for the pilots and crew. By granting MAG Aerial Imaging’s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for su ch operations. MAG Aerial Im aging , LLC is committed to promoting the UAS research efforts of policy

makers 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 cau se to grant this Petition.
**Conclusion** As pointed out i n this application, all the UASs which our compan y would use, under authorization by

the US DOT

- FAA, are small, light

- weight devices operated within the line of sight of the Pilot

- in

- Command (PI C), le ss 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 with in a radius of this distance. All our UASs have proven capability for controlled flight. They are devices offered 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 L aw 112

- 95, 2014, have already provided you with the assurances on the airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted and MAG Aerial Imaging , LLC should be permitted to conduct sma ll UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate b y the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authori zation process so that some UASs may be used for legitimate commercial activities and under reasonabl y safe conditions. Signed Matthew Gorajek, MAG Aerial Imaging, LLC