U.S. Dept. of Transportation

Docket Operations West Building Ground Floor Room w12­140

1200 New Jersey Avenue, SE.

Washington, DC 20590

Videofromtheair.com

23 Northway St.

Holliston, MA 01746

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 C.F.R. Part 11, Videofromtheair.com, seeks an exemption from Federal Aviation

Regulations (“FARs”) detailed below for the following described Unmanned Aerial System called

in this application the ME System, which includes an Unmanned Aircraft (UA) and ground

station­based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

­ A lightweight (20 lb. gross weight with all on­board equipment), manufactured by DJI,

Inspire, Phantom 3, Phantom X, S900, and S1000. Also, including the Parrot Bebop and

all 3D­Robitics UAS systems, Iris+, X8+, Aero­M, X8­M, and Solo, that includes the

following equipment in flight.

­ An on­board flight computer with GPS navigation and location ability that receives

signals for flight controls from a ground­based transmitter/controller;
­ An on­board (integrated or removable) camera capable of capturing imagery in the

form of full color, high definition still photos and video;

­ An on­board telemetry system that delivers flight data from the on­board flight

computer to the on­board radio transmitter including altitude AGL, horizontal and vertical

speed, compass direction of flight and direction back to its launch site;

­ A 2.4GHz on­board radio transmitter that transmits live video from the on­board

camera plus all the flight data from the telemetry system described above;

THE GROUND STATION –BASED PART OF THE SYSTEM:

­ A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UA while in the air;

­ A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in

flight; A radio receiver receiving live video and flight data from the on­board camera and

computer projects it all together onto a screen for the PIC to view during flight;

­ A Visual Observer (VO) is a person who provides a second pair of eyes to visually

track the UA while in flight.

The requested exemption would support an application for a commercial Certificate of

Authorization to use the above described ME System to support production of

promotional materials (video and/or still images) for Real Estate sales, Travel and

Tourism, and commercial businesses. Photography and Videography Services will be

offered for social events, such as weddings or no­aerial public spectacles never

operating over persons not directly involved with the ME system. In addition, future

applications not explored such as farm mapping, construction mapping, assisting rescue

operations, and difficult­to­reach remote safety checks (such as infrastructure like

bridges or power stations, or forest control where transportation is cost prohibitive,

unsafe or impractical.)

The UA, powered by batteries, is smaller and lighter than larger aircraft running on

combustible fuel, it operates at lower altitudes with no people on board and will thereby

reduce current risk levels and thereby enhance safety and diminish the likelihood of

death or serious bodily injury for persons who would otherwise be flying or to those on

the ground. With a small payload and maximum flight time of only 20 minutes, these
aircraft offer substantially reduced risk to national security, versus traditional manned

aircraft.

Low level photos and video from several angles are far more effective than groundbased imagery for displaying the characteristics of large, complex properties with

obstructions that limit one’s perspective. In the past the only option was to charter a

full­sized helicopter for this purpose, which is expensive, has safety risks and burns

combustible fuel into the air. This exemption will improve safety and air quality for

projects that would’ve otherwise used manned aircraft. In addition, it will help spur the

economy by making otherwise overlooked properties and estates gain a competitive

advantage over other properties for sale.

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

nearby who request our assistance, if these aircrafts are deemed useful.

The ME System will be operated in the field with both a PIC and a VO in accordance

with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with

the following Restrictions:

a) No flight will be made with a UA Gross weight exceeding 55 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 50 knots;

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

communicate by voice at all times during a flight operation;

d) Operations over private property with have the permission of the property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft

pilot and at least ten hours logged as a UA pilot with a similar UA type; All required

permits will be obtained from state and local government prior to operation;

f) The ME System will not be operated over densely populated areas;

g) The ME System will not be operated at air shows;

h) The ME System will not be operated over any open­air assembly of people;

i) The ME System will not be operated over heavily trafficked roads;

j) The ME System will not be operated within 5 NM of an airport or heliport;
k) Operations will be restricted to day only and weather conditions equivalent to VFR;

l) The PIC will brief the VO and property owner about the operation and risk before the

first flight at each new location;

m) No flight may be made without a Pre­Flight Inspection by the PIC before each

operation to ascertain that the UA is in a condition safe for flight (see Appendix A).

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16

personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system.

We submit that the combination of the UA's lightweight, flight performance and ability, fully

qualified flight crew and strict operation under the guidelines established in 8900.227, and under

all of the Restrictions (a) through (n) listed above, the FAA can have full confidence that the

operation will have an equivalent or greater level of safety than manned aircraft performing the

same mission.

The name and contact information of the applicant are:

Videofromtheair.com : Matthew Hodgdon Ph: 774­306­3187

Email: mattinmassachusetts@gmail.com

The regulations from which the exemption is requested are listed below. Beside each regulation

number is the page of the attached Addendum upon which each may be found together with our

proposed equivalent level of safety for each regulation:

­ 14 CFR Part 21.......................................Addendum Page 1

­ 14 CFR 91.203........................................Addendum Page 1

­ 14 CFR 45.23, 45.29...............................Addendum Page 2

­ 14 CFR 91.9............................................Addendum Page 2

­ 14 CFR 61.113, 61.133...........................Addendum Page 2

­ 14 CFR 91.109, 91.119, 91.121..............Addendum Page 3

­ 14 CFR 91.151........................................Addendum Page 3

­ 14 CFR Subpart E (91.401 ­ 91.417) ......Addendum Page 3

­ FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ...Addendum 1.

We are prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. A granting of this exemption will help home buyers see the best in

properties. It will help home sellers gain a quicker more lucrative return for their property
investment. It will help realtors make greater commissions and will allow for the starting of my

small business. My intention is to offer this service to homeowners who would have never

dreamed aerial photography would be affordable. Please contact me at any time if you require

additional information or clarification.

Sincerely,

Matthew Hodgdon, Videofromtheair.com

Addendum containing Exemption Requests and Equivalent Level of Safety Appendix A – Flight

Manual’s Appendix B – Owner’s Manual for UA

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

videofromtheair.com requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the ME System:

14 CFR Part 21, Subpart H: 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 ME System 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 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 type and supplemental type certificates, flights to substantiate major design changes, and

flights to show compliance with the function and reliability requirements of the regulations. Since

the experimental certificate 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 will not carry persons or property, will not carry fuel, and will only 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.
If 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 safety outlined in the previous paragraph.

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 crew."

At a maximum gross weight of 6.5 pounds, the UA 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 co­located 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 printed on the aircraft

containing the following information plus the word “EXPERIMENTAL” to satisfy the requirement

of 14 CFR 45.23.

Appendix A

EXPERIMENTAL

­ Manufacturer: DJI Innovations, Inc. 950 E Baseline Ave. Ste. 210, Apache Junction AZ

85119 Models: Inspire 1­ t­600, Phantom 3 FC40, S900, S1000

­ Manufacturer: 3D­Robitics Berkeley; Corporate HQ, 1608 4th Street, Suite 410,

Berkeley, CA Models: Iris+, X8+, Aero­M, X8­M, and Solo

­ Manufacturer: PARROT; PARROT SA ​174, quai de Jemmapes 75010 Paris

Models: Bebop

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 UA does not have 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 safety by including the word

"EXPERIMENTAL" on the aircraft where the PIC, VO 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 method discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Since the aircraft will operate within sight of

the ground station and PIC, any inquiries can be directed to the PIC or VO who will have

access to all data.

• 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 ensure 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 (on the ground) during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved UA Flight Manual (Appendix A) must be available in hard copy or digitally to the crew

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

• 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 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.

Because the cost of an airmen’s certificate ($5k­$10k) is an unreasonable burden my proposed

operations require that the PIC:

Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in

which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA

Private Pilot written examination." Since there are currently no means available for the pilot of a

UAS to gain the experience in an equivalent category and class in order to apply for a

commercial pilot's license, we propose to generate an equivalent level of safety by requiring our

pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA

Commercial Pilot written examination. 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 91.109 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.”

The ME System ground­based control station consists of a small hand­held radio transmitter

and while it does not offer a second set of "controls", both the student and instructor can, and

will, operate the single set of controls simultaneously. With both student and instructor having

"hands­on" the controls during flight, we feel that this technique meets the intent 91.109 and

provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a

maximum of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety we will only fly directly over private property with

the permission of the owner of the property flown over. The aircraft will not be operated over

congested areas or over any open air assembly of persons. The property owner will be briefed

on the expected route of flight and the associated risks to persons and property on the ground.

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.

Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and

structures is minimal compared to manned aircraft, which should be considered in granting the

exemption.

14 CFR 91.121 Altimeter settings.

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

setting available within 100 NM of the aircraft.

The UA will always fly 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 takeoff point is transmitted via radio from the UA on­board 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 flight in an airplane under day­VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after
that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum

duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the

aircraft will never fly more than the VSOL 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 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 airworthy 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 perform maintenance and inspection of the aircraft and "be

authorized to approve the aircraft for return to service." As provided in the Pre­Flight Checklist in

Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of flight. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the on­board computer. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

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.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second­class medical

certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum

gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on

board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both

the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return

autonomously to the site of launching and land without crew intervention.

Therefore, we request exemption from this certificate for the PIC and VO. To meet the same

medical requirements as a commercial pilot carrying passengers in a large aircraft is an

unnecessary burden for a small start­up.

APPENDIX A – FLIGHT MANUAL

FLIGHT RESTRICTIONS

a) No flight will be made with a UA Gross weight exceeding 55 pounds;
b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed

of no more than 50 knots and no further than VLOS from the PIC;

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

communicate verbally at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least

ten hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to operation; g) The

ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open­air assembly of people;j) The ME System

will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the first

flight at each new location;

n) No flight may be made without a successful Pre­Flight Inspection by the PIC before each

operation to ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro­SD card has been inserted (where applicable).

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app (or applicable software solution) connected to the aircraft.

7. Weather conditions are suitable and will not pose a danger

8. All persons on site informed of unmanned flight and briefed on safety measures

9. Structure and frame of aircraft has integrity: no cracks or splinters

10. GPS signal gained and locked on UAV

11. Flight plan and time in the air preset to allow for safe return.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature

is activated and will bring the UAV back to the PIC where it will land at the take­off point OR

allow to be reconnected while airborne.