1 August 29 , 2015

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

Re: Request for Amendment to Exemption No. 12044, Regulatory Docket No. FAA

- 2015

- 1540 under Section 333 o f the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

INTRODUCTION AND INTERESTS OF PETITIONER

This is a request for an amendment to the existing Section 333 Exemption No. 12044 to add a n additional aircraft to the exemption

- holder’s authorized commercial operations. On July 15, 2015, the FAA granted this Petition for Exemption to operate small unmanned aircraft systems for the purpose of aerial photography. The Petitioner now seeks an amendment to this exemption authorizin g the operation of additional aircraft as described in the manuals submitted in support of this amendment request.
As detailed in this document and the attached proprietary Aircraft Information/Operators Manual , the requested exemption would permit the o peration of sUAS under controlled conditions in airspace that is limited, predetermined, controlled as to access and would provide safety enhancements to the collection of aerial photography and videography.

James Komsa is the owner and operator of Shore Aerial Photography and will serve as the PIC. He holds a private pilot certificate with an instrument rating. His associate and co

- owner is Patricia Komsa and she will serve as the safety coordinator as well as the VLOS spotter.

Other than the addition of the new aircraft, there are no other changes requested to original exemption.

990 Cedarbridge Avenue Suite B7

- 157 Brick, New Jersey 08723 1.800.292.80432 NAME AND ADDRESS OF PETITIONER

The name and address of the applicant is:

Shore Aviation Services, LLC, dba Shore Aerial Photography Attn: James Komsa 990 Cedarbridge Avenue Suite B7

- 157 Brick, NJ 08723 800

- 292

- 8043 Email: jim@shoreaerial.com

SECTIONS OF 14 C.F

. R. FROM WHICH SHORE AERIAL PHOTOGRAPHY SEEKS EXEMPTION

14 C.F.R. 91.7(a) 14 C.F.R. 91.119(c) 14 C.F.R. 91.121 14 C. F.R. 91.151(b) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a) 14 C.F.R. 91.409(a) 14 C.F.R. 91.417(a)

EXTENT OF RELIEF AND REA SON SHORE AERIAL PHOTOGRAPHY SEEKS RELIEF

14 C.F.R. 91.7(a) Civil aircraft airworthiness

An equivalent level of safety will be provided given the size of the aircraft and the requirements contained in the Ai rcraft I nformation /O wner’ s M anual for maintenance and use of safety c hecklists prior to each flight.
14 C.F.R. 91.119(c) Over other than congested areas

Operations of the aircraft will be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations.3

14 C.F.R. 91.121 Altimeter settings

Altitude of the aircraft w ill be provided to the PIC via radio communications telemetry data link, which down links from the aircraft to the PIC for active monitoring of the aircraft’s altitude.
14 C.F.R. 91.151(b) Fuel requirements for flight in VFR conditions

The sUAS will not beg in flight unless (considering wind and forecast weather conditions) there is enough fuel (battery voltage) to fly to the first point of attending landing and, assuming normal cruising speed, to fly after that for at least two minutes.
14 C.F.R. 91.405(a ) Maintenance requested, 14 C.F.R. 91.407(a) Operation after maintenance, preventative maintenance, rebuilding or alteration, 14 C.F.R. 91.409(a) Inspections, 14. C.F.R. 91.417(a), maintenance records
Shore Aerial Photography’s aircraft Information/O perato r’ s M anual contains daily, preflight, monthly and yearly checks for the aircraft. Adherence to this manual is sufficient to ensure that safety is not adversely affected

Shore Aerial Photography will carry out its maintenance, inspections and record keepin g requirements in accord ance with the Aircraft Information/Operators M anual. Maintenance , inspection and alterations will be noted in the aircraft logbook, including total flight hours, description of work accomplished and the signatur e of the authorized s UAS techn icia n returning to service.

SHORE AERIAL PHOTOGRAPHY’S SUPPORT OF REQEUST; ORGANIZED INTO THREE SECTIONS

1. The unmanned aircraft system 2. The sUAS Pilot in Command (PIC) 3. The sUAS operating parameters

(1) The Unmanned Aircraft Systems

The unmann ed aircraft system that Shore Aerial Photography inte n ds to add to the pre

- existing exemption is the DJI Phantom Vision Plus

.
The DJI Phantom Vision Plus s a radio controlled electric powered ( battery) carbon fiber Quadcopter measuring 7 inches high by 13 inc hes wide. It weights 2

. 7 pounds with the camera and battery. T he aircraft carries a D J I camera or similar device, stabilized by a three axis gimball. Communications between the PIC and sUAS will be accomplished using a standard hand held R/C transmitter on the ground and a receiver on the sUAS. The syste m operates on a frequency of 5

. 7

- 5

. 8 Ghz which is permitted by the FCC. The transmitter/receiver uses telemetry to send certain data such as altitude and battery levels bac k to the PIC via transmitter. Further details of the use and m aintenance can be found4

in the A ircraft I nformation/ O perators M anual of the DJI P h a n t o m V i s i o n P l u s . The s UAS will not weigh more than 3 pounds when fully loaded, operates under normal conditions, at speed s no greater than 30 knots, carries no explosive materials or flammable liquid fuels, operates exclusively within a secure area detailed in this application with no pilots or passengers on board. In the event of a GPS or communication signal loss, the sUA S possesses the ability to return to a pre

- determined location with the secured perimeter and land.
Shore Aerial Photography will perform maintenance by the following procedures outlined in the Aircraft
I n formation/O perators manual. The Aircraft Informat ion/O perators manual prescribes required maintenance and requires the operator to keep a log pertaining to each flight. Shore Aerial Photography notes that because of the aircraft’s limited size, payload and operational constraints, immediate landings can be performed in case of mechanical issues.
Given the size and weight of the sUAS, the fact that it has a limited range (15 minutes max

. battery), carries no flammable fuel, carries no crew or passengers and employs fail safe features, Shore Aerial Photo graphy believes it can be operated within the NAS with minimal risk to persons and property in the air and on the ground.

(2) The sUAS Pilot in Command

Shore Aerial Photography proposes that, lacking any current sUAS PIC licensing procedures, the operator of its sUAS should hold at least a private pilot certificate with a valid third class medical certificate.

James Komsa is the owner and operator of Shore Aerial Photography and will serve as the PIC. He holds a private pilot certificate with an instrum ent rating. Additionally, he is actively training for his commercial pilot license and he has a valid third class medical certificate. James is also a police officer in the State of New Jersey. His associate and co

- owner Patricia Komsa will serve as the safety coordinator as well as the VLOS spotter.
Anyone else that would be acting as PIC of Shore Aerial Photography’s D J I P h a n t o m V i s i o n P l u s would first have to demonstrate to James Komsa that he or she has met the qualifications outlines above and is capable to act as PIC of the sUAS.

(3) The sUAS Operating Parameters
Operations authorized by this grant of exemption would be limited to Shore Aerial Photography’s sUAS, the DJI S

- 900 , w h i c h h a s a l r e a d y b e e n a p p r o v e d b y t h e F A A , i n a d d i t i o n t o t h e D J I P h a n t o m V i s i o n P l u s which is included in this petiti on.
The sUAS will not be flown at an indicated airspeed of greater than 30 knots.5

The sUAS will be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by t he procedures specified in the A ircraft I nformation /Operators M anual. All altitudes reported to ATC will be in feet AGL.
The sUAS will be operated within the visual line of sight (VLOS) of the PIC at all times
All operations will utilize a visual observer (VO ). The VO and PIC will be able to communicate verbally a t all times. The PIC will be designated before flight and cannot transfer his/her designation for the duration of the flight. The PIC will ensure that the VO can perform t he functions prescribed in the
A ircraft I nformation /O perators manual.

Prior to e ach flight, the PIC will inspect the UAS to ensure it is in a condition of safe flight. It the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft will be taken out of service until the necessary maintenance has been p erformed and the sUAS is found to be in a condition for safe flight. The ground control station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records.

If the sUAS has undergone maintenance or alterations that affect the sUAS operation of flight characteristics, it will undergo a functional test flight in accordance with the aircraft information/owner’s manual. The PIC who conducts the functional test flight will make an entry in the sUAS records of flight.

Shore Aerial Photography will carry out its maintenance, inspections, and record keeping requirements in accordance with the aircraft Information/Operators M anual. Maintenance, inspection and alteration will be noted in the ai rcraft logbook, including total flight hours, description of work accomplished and the signature of the authorized DJI technician returning the DJI P h a n t o m V i s i o n P l u s to service .
The PIC will possess at least an FAA Private Pilot’s Certificate and at least a third clas s medical certificate.

If the sUAS loses communications or loses its GPS signal, the sUAS will return to a pre

- determined location within the private or controlled

- access property and land or be recovered.
The PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the
A ircraft I nformation/ Operators M anual.
The PIC will not begin flight unless (considering wind and forecast weather conditions) there is enough power (battery voltage) to fly to the first point o f intended landing and, assuming normal cruising speed, to fly after that for at least two minutes.

Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS will comply with the FCC or other appropriate govern ment oversight agencies.

The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the ground control station of the sUAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement officer upon request.6

The sUAS will remain clear of and yield the right of way to all other manned operations and activities at all times (included but not limited to ultra

- light vehicles, parachute activities, parasailing activities, ha nd gliders, etc..).

sUAS operations will not be conducted during night as defined in 14 C.F.R. 1.1.

All operations will be conducted in Class G airspace.
During operations in Class G airspace, the SUAS will not operate within five nautical miles of the
ge ographic center of an airport denoted on a current FAA

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The let ter of agreement with the airport management will be made available to the Administrator upon request.

The sUAS will not be operated over congested or densely populated areas.
Operation of the sUAS will be conducted at distances less than five hundred fe et from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations

. Operations of the sUAS may be conducted as distances of less than five hundred feet from unoccupied

vesse ls, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these objects.

All operations will be conducted over private o r controlled

- access property with permission from the land owner/controller or authorized representative. Permission from the land owner/controller will be obtained for each flight being conducted

.

REASONS WHY GRANTING SHORE AERI AL PHOTORAPHY’S REQUEST

WOULD BE IN THEH PUBLIC INTEREST
Shore Aerial Photography submits this Petition to perform commercial operations using its sUAS for aerial photography and videography.

Our clients will be inclusive of but not limited to commercia l construction companies, land developers, real estate agents, marinas, solar farms and owners of cellular facility telephone towers.

With regard to cellular facility telephone towers, routine inspections of the towers frequently required to assess the int egrity of the towers and/or to make a assessment as to the cause of a technical problem To accomplish this, owners of cellular telephone towers have to hire a team of climbers to make the assessment which is extremely risky to the climbers. According to the US Department of Labor, in 2013 alone, thirteen tower climbers were killed at communication tower worksites. See attached OSHA document.7

As a result of the high risks associated with tower climbers, a portion of our clients will be owners of cellula r telephone facilities. Our clients will reduce injury/death of tower climbers by having a sUAS take still images and provide live video feed to conduct visual inspections of these facilities. It should be noted that a traditional manned aircraft cannot safely or legally get low or close enough to a cellular telephone tower to obtain aeria l images and/or video of a tower for inspection purposes. Additionally, there is a significant risk to life and property in the air and on the ground in attempting to u se a manned aircraft for this type of operation.

The sUAS with its small size and weight, has less physical potential for collateral damage to life and property on the ground, and in the air, compared to manned aircraft. As a result, the risk associated with aerial photography and videoagraphy using a manned aircraft will be substantially reduced or completely eliminated.
In addition, these public and private clients who require aerial photography/videography will be able to be provided these services at a lower economic cost than using a manned aircraft.

REASONS WHY GRANTING EXEMPTION WOULD NOT ADVSERSELY EFFECT PUBLIC SAFETY
Many of the same reasons that this exemption would be in the public interest apply to why it would not adversely af fect safety. As previously stated, the risk to life and property in the air and on the ground, which is usually associated with manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of aircrew memb ers located on board the aircraft, the sUAS, with its small size and weight , has less physical potential for collateral damage to life and property on the ground, and in the air, compared to manned aircraft that typically conduct aerial photography and vid eography.

Properly using sUAS to perform the tasks outlined above would be safer than traditional methods.

SUMMARY THAT CAN BE PUBLISED IN THE FEDERAL REGISTRAR

Shore Aviation Services LLC, dab Shore Aerial Photography, an aerial ph otography company, seeks exemption from the requirements of 14 C.F.R. 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a), 91.409(a) and 91.417(a). This exemption would permit Shore Aerial Photography to operate its sUAS s to safely collect various forms of aerial images and video for commercial use.

14 C.F.R. 91.7(a) civil aircraft airworthiness

An equivalent level of safety will be provided given the size of the aircraft and the requirements contained in the aircraft information/owner’s manual for maintenance and use of safety checklists prior to each flight.

14 C.F.R. 91.119(c) over other than congested areas8

Operations of the aircraft will be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures tha t perform an essential function in connection with these special purpose operations.
14 C.F.R. 91.121 Altimeter settings
Altitude of the aircraft will be provided to the PIC via radio communications telemetry data link, which downlinks from the aircraft to the PIC for active monitoring of the aircraft’s altitude.
14 C.F.R. 91.151(b) Fuel requirements for flight in VFR conditions
The sUAS will not begin flight unless (considering wind and forecast weather conditions) there is enough fuel (battery voltage) t o fly to the first point of attending landing and, assuming normal cruising speed, to fly after that for at least two minutes.
14 C.F.R. 91.405(a) Maintenance requested, 14 C.F.R. 91.407(a) Operation after maintenance, preventative maintenance, rebuildin g or alteration, 14 C.F.R. 91.409(a) Inspections, 14. C.F.R. 91.417(a), maintenance records
Shore Aerial Photography’s aircraft information/operator’s manual contains daily, preflight, monthly and yearly checks for the aircraft. Adherence to this manual i s sufficient to ensure that safety is not adversely affected

Shore Aerial Photography will carry out its maintenance, inspections and record keeping requirements in accordance with the aircraft information/operators manual. Maintenance , inspection and al terations will be noted in the aircraft logbook, including total flight hours, description of work accomplished and the signature of the authorized SUAS technetium returning to service.

CONCLUSION
As set forth above, Shore Aerial Photography seeks an e xemption pursuant to 14 C.F.R. 11.61 and Section 333 of the FAA Modernization and Reform Act which will permit the safe operation of its sUAS commercially, for the special purpose of conducting aerial photography and videography along with aerial inspectio ns of cellular facility towers. By granting the Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Shore Aerial Photog raphy to safely, efficiently and economically operate its sUAS commercially within the NAS.

Respectfully submitted,

James Komsa Owner, Shore Aerial Photography9 APPRENDICES

Aircraft Info rmation /Operator’s Manual for DJI S

- P h a n t o m V i s i o n P l u s /Preflight checklist ( c h e c k l i s t i s o n p a g e 2 5 o f t h e m a n u a l )