Andrew Grimm Grimm Mountain Aerial Photography
124 Old Hard Road Fleming Island, Fl 32003 agrimm01@gmail.com

January 11, 2016

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

Re: Exemption Request Purs uant to Section 333 of th e FAA Reform Act and Part

11 of the Federal Avia tion Regulations from: 14 CFR 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113(a) and (b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109 14 CFR 91.119(c)

14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2) 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

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

And 14 CFR Part 11 of Unmann ed Aircraft Systems (UAS), Andrew Grimm Hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commer cial operation of Designat ed UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As identified and described herein, Andrew C. Grim m and Karen M. Grimm and their company Grimm Mountain Aerial Phot ography, are in the business of aerial photography and video. Providing services for Real Estate, Marketing, Land Management/Surveying, Construction Observat ions, Agricultural Observations and Approved Special Events like outdoor weddings. Mr. Grimm has worked for the Department of Defense for th irty years and is currently a position of Supervisor of Information Technology for the U.S. Navy in Jacksonville, Fl orida. Mr. Grimm is inthe process of receiving a FAA Sport Pilot license. Mrs. Grim m has over 30 years of experience as a Registered Nurse. They are lookin g to add a valuable service
to clients in Northeast Florida thr ough GMAP through the use of a small, lightweight UAS as this type of servic e. Primary uses will be low altitude aerial photography and videography for client uses of Real Estate, Marketing, Land Management/Surveying, Construction Observat ions, Agricultural Observations and Approved Special Events like outdoor weddings. Andrew has operated his current UAS on many occasions non-commercially without incident. The UAS utilizes battery power, not combusti ble fuels. Flight time ranges between 5 and twenty
minutes. The UAS has GPS func tionality to hover in place as well as a return to
home function in case of loss of contact with the radio. It has an audible and visual warning system and will start to descend slowly if battery power reaches 25%. The
failsafe software will disable the UAS fr om taking off and also limit the UAS systems from operating withi n specific GPS preset no-fly zones. This GMAP exemption request would permit its operati on of lightweight, unmanned (piloted by remote control) and comparatively inex pensive UASs in tightly controlled and limited airspace. Currently, similar lightweig ht, remote controlled UASs are legally operated by amateurs with no flight experience, safety pl an or controls in place to prevent catastrophe. It is only logical to allow Andrew C. Grimm and Karen M. Grimm, experienced remote control pilots , to operate similar lightweight UASs. This will act to further safety protocol s specific to lightweight UASs as GMAP researches flight data and other info rmation gained through permitted flight operations. Granting this request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities to not only integrate UASs into the national airspace system, but to “...establish require ments for the safe operation of such aircraft systems [UASs] in the national airspace system” under Section 333(c) of the Reform Act. Further, Grimm Mountain Aerial P hotography will conduct its operations in compliance with the protoc ols described herein or as otherwise established by the FAA.

Commercial operation of an UA S, as described herein, which are equipped with camera(s) and sensors, woul d provide professional services in the following

areas:

1. Real Estate

2. Automobile / Boat, Photography / Videography

3. Marketing

4. Land Surveying
5. Construction Observations

6. Agricultural Observations

7. Approved Special Events (ex. Outdoor Weddings)

As described fully below, the requested exemption would permi t the operation of designated UAS as set forth in this doc ument under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase pub lic awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibi lities to ".... establish r equirements for the safe operation of such aircraft systems in the national airspace system."The name and address of the applicant is

Andrew Grimm Grimm Mountain Aerial Photography
124 Old Hard Road Fleming Island, Fl 32003 agrimm01@gmail.com

From which the exemption is requested : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a):

Grants of exemption in ci rcumstances similar in all material respects, In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No.

FAA

− 2014

− 0352), 11109 to Clayco, In c. (see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No.

FAA

− 2014

− 0382), 11213 to Aeryon Labs, Inc. (see Docket No.

FAA

− 2014

− 0642), and 12645 to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos. 11 062, 11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11 112, 11213, and 12645.

Grimm Mountain Aerial Photography Will operate one or more of the following model UAS:

DJI Phantom 3 Professional

Safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reducti on in environmental impacts, including

but not limited to reduc ed emissions and noise, the grant of the requested exemption is in the pu blic interest. Accordingly, the applicant gracio usly requests that the FAA grant t he requested exemption.AIRCRAFT AND EQUIVALE NT LEVEL OF SAFETY

The operation limitations proposed for an eq uivalent or higher level of safety because operations will furt her enhance the safety of th e persons and/or property using conventional aircraft. These limit ations and conditio ns to which the applicant agrees to adhere to when conducting commercia l operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM)

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and camera.

2. The UAS, depending on the model in o peration, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of t he Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operat ional flight will be depending on the UAS model in operation, but wil l not exceed 30 minutes. Fli ghts will be terminated at 25% battery power reserve or 30 minutes of flight time whiche ver occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet ab ove an elevated pla tform from which filming is planned.

6. Minimum crew for each oper ation will consist of the UA S Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilo t in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days' Production activities.

9. All flight activiti es will be logged.

10. All flights will occur un der Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspac e no closer than a mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5-mile radius of the geogr aphic center/Airport.13. The operator will do a pre check of airc raft prior to each f light. And log each flight.

14. The operator will obtain verbal/written c onsent of all persons involved with the planned operation and ensur e that only consenting perso ns will be allowed within 100 feet of the flight oper ation, and the radius may be reduced to 30 feet based upon an equivalent level of safety dete rmination, as U.S. Department of

Transportation required und er the FOM. With the advanced permission of the FSDO, operations at clos er range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the par ticular UAS to be operated.

16. The PIC and VO will be able to comm unicate by voice and/or radio at all

times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capabili ty to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abor t a flight in case of emergencies with

an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in ca se of unpredicted obstacles, weather, or emergen cies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthi ness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entit led Airworthiness Certificates , establishes the procedural requirements for the issuance of airworth iness certificates as required by FAR §91.203 (a) (1). Given the si ze and limited operating ar ea associated with the aircraft to be utilized by the Applican t, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of sa fety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f))

and Section 333 of the Reform Act both authorize t he FAA to exempt aircraft from the requirement for an airworthiness certif icate, upon consider ation of the size, weight, speed, operationa l capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria

demonstrates that the UAS operated without an airworthiness certificate in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (f ixed wing or rotorcra ft) operating with an

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area.Unlike other civil aircraft, oper ations under this exemptio n will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local publi c safety requirements. These safety enhancements provide a greater degree of safety to the publi c and property owners than conventional operations c onducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly, applicatio n of these same criteria

demonstrates that there is no credible th reat to national security posed by the UAS, due to its size, speed of operation, locati on of operation, lack of explosive materials or flammable liquid fuels, and in ability to carry a su bstantial external

load. 14 C.F.R. § 45.23 (b). Marking of the Airc raft The regulation requires: When marks include only the Ro man capital letter "N" and t he registration number is displayed on limited, restrict ed or light sport category ai rcraft or experimental or provisionally certific ated aircraft, the oper ator must also disp lay on that aircraft

near each entrance to the cabi n, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the wo rds "limited/' "restric ted/' "light sport/' "experimental/' or "provi sional/' as applicable

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Ro man capital letter "N" and t he registration number is displayed on limited, restrict ed or light sport category ai rcraft or experimental or provisionally cert ificated aircraft.

The operator must also disp lay on that aircraft near ea ch entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inc hes nor more than 6 inches high, the words "limited/' "restricted/' "li ght sport/' "experimenta l/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed, as the U AS will have no entrance to the cabin, cockpit or pilot station on which the word lettering will be impossible. The word "Experimental" will be placed on the fuselage in comp liance with §4 5.29 (f). US Department of Trans portation February 20, 2015.

The equivalent level of safety will be provided by hav ing the UAS marked "Experimental" can be placed. Gi ven the size of the UAS, two inch on its fuselage as required by §45.29 (f) w here the pilot, observer and ot hers working with the

UAS will see the identificat ion of the UAS as "Experim ental." 14 C.F.R. § 61.113 (a) and (b

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's U AS do not carry any pilots or passengers nor property. The risks a ttendant to the It is believed that the operation and limitations set forth in t he FOM will equate to the safe operation of

the UAS.

14 C.F.R. §91.7{a): Civil Ai rcraft Airworthiness. The re gulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will

be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircra ft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C. F.R. § 91.9 (b) (2):Civil Aircraft Flight Manual in the Aircraft. Section 91 .9 (b) {2) provides: No person may operate a U. S. registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approv ed airplane or Rotorc raft Flight Manual, approved manual material, ma rkings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the airc raft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where t he pilot flying the UAS will have immediate access to

it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in

Section 4 under Normal Procedures incl uding but not limi ted to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before in itiation of flight.

14 C.F.R. §91.109: Flight In struction. Section 91.103 pr ovides that no person may operate a civil aircraft (except a manne d free balloon) that is being used for flight instruction unless t hat aircraft has fully function ing dual controls. UAS and remotely piloted aircraft, by their design do not have full y functional dual controls. Flight control is accomplished thr ough the use of a control box that
communicates with the aircraft via radi o communications. The FAA has approved exemptions for flight training without full y functional dual cont rols for a number of aircraft and for flight instruction in exper imental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of ci vil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nimums prescribed, provid ed the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. As this exemptio n is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which film ing is planned, an exemption may be needed to allow such operatio ns. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in ci rcumstances where the UAS is used to survey or phot ograph a structure whose heig ht exceeds 400 feet AGL, the UAS will not be operated more than 20 0 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be ex posed to operations without their pre

obtained consent.

The equivalent level of sa fety will be achieved given the size, weight, and speed
of the UAS as well as the location wher e it is operated. No flight will be taken without the permission of the property owner or loca l officials. Because of theadvance notice to the proper ty owner and participants in the filming activity, all

affected individuals will be aware of the planned flight operat ions. Compared to flight operations with airc raft or rotorcraft weighting far more than the maximum SSibs. Proposed herein and the lack of fl ammable fuel, any risk associated with these operations is far less than those presently pr esented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation bet ween these UAS operations and the operations of convent ional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an airc raft to mainta in cruising altitude by reference to an al timeter that is set "...to t he elevation of the departure airport or an appropriate alti meter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check li st and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requiremen ts for Flight in VFR Conditions Section 91.151 (a) prohibits an in dividual from beginnin g "a flight in an airplane under VFR conditions unless (c onsidering wind and forecast weather conditions) there is enough fu el to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The applicant believes that an exemption from 14 CFR §9 1.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area wher e only people and property owners or official representatives who hav e signed waivers will be allowed 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. The applicant believes that an equivalent level of safety can be achieved by lim iting flights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carryi ng Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthin ess certificate . . . (b) No person may operate a civil aircraft unless the airworthin ess certificate requ ired by paragraph (a) of this section or a special flig ht authorization i ssued under §91.715 is displayed at the cabin or co ckpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well under the proposed 55 lb limit and is operated without an onboard pi lot. As such, there is no ab ility or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achiev ed by keeping these documents at the ground control point where t he pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a ) (2); 417(a) & (b): MaintenanceInspections. These regulations require t hat an aircraft operator or owner "shall have that aircraft inspected as prescrib ed in subpart E of this part and shall between required inspections, except as provided in par agraph (c) of this section, have discrepancies repair ed as prescribed in part 43 of this chapter..," and others shall inspect or maintain th e aircraft in compli ance with Part 43. Given that these sections and Part 43 apply on ly to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the fl ight manual and operating handbook. An equivalent level of safety will be achiev ed because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of

time. If mechanical issues arise t he UAS can land imm ediately and will be operating from no higher t han 400 feet AGL. The oper ator will ensure that the UAS is in working order prior to initia ting flight, perform required maintenance, and keep a log of any main tenance performed. Moreov er, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provi de the equivalent level of safety. An equivalent level of safety will be achieved bec ause maintenance and inspec tions will be performed

in accordance with the UAS Manufacture r's User Manual. As provided in the FOM, and a link on last page, the operator wil l ensure that the UAS is in working order prior to initiating flight and perf orm required maintenanc e needed. Authority contained in 49 U.S.C. 106(f), 40113, and 44701

Additional Information.

The applicant, Andrew Grimm believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's UAS

.

The applicant, Andrew Grimm requests your respective approval of this Section 333 exemption petition request. And believes it would be in the public Interest on my exemption to further educate a nd the safety of flying UAVs.

Thank you for your attention in this matter. Please notify Andrew Grimm Of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Andrew Grimm Grimm Mountain Aerial Photography
124 Old Hard Road Fleming Island, Fl 32003 agrimm01@gmail.com