# SOUNDVIEW

**AERIAL PHOTOGRAPHY, INC.**

Commercial...Industrial...Real Estate...Advertising Vertical...Oblique...Custom Color...Black and White

May 12, 2015 U. S. Department of Transportation, Docket Operations West Building Ground Floor Room W12

- 140 1200 New Jersey

Ave. S E Washington, DC 20590

RE: **Petition of Soundview Aerial Photography, Inc.**  **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, Soundview Aerial Photography, Inc. , operator of Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and videography, hereb y applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may b e established by

the FAA as required b y Section 333.1 Soundview Aerial Photography, Inc. has been providing quality aerial photography services in the Washington state Puget Sound area continuously f or over 27 ye ars since it was formed in 1987. The main portion of our work is supplying the construction industry with documentation of their projects. We have been involved in many high profile projects over the ye ars. Danny P. Crowell is a FAA licensed commercial pilot with a current FAA medical certificate and has current aircraft and commercial personal liability policies for the company and pilot. We use a FAA registered N26RH Cessna Sky wagon 185 aircraft. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1. Limited ; 2. Predetermined ; and 3. controlled. The proposed exemption, if granted, would allow Soundview Aerial Photography, Inc. to conduct commercialoperations of small, unmanned aircraft systems (“UAS”) meeting or exceeding all of the

operational and safety requirements Congress has set forth in Section 333. Soundview Aerial Photography, Inc. is a media/technology c ompany that plans to exploit the capabilities of Unmanned Aerial S ystems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Agricultural support

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry

monitoring

- Educational and research operations **Statut ory**  **Authority :**  Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 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 systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by s ection 332(b)(1) of this Act or the guidance required by s ection 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. 91.121 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 System :** 

sUAVs 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 safety. I am petitioning for exemption to enable Soundview Aerial Photography, Inc. to operate a DJI Inspire 1 equipped with a three

- axis gimbals and using High

-Def cameras. This sUAV 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 and to exclude it from Class B, C and D airspace including a no - fly zone feature. The Inspire 1 also has the failsafe function of the Naza

-M autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from c ontroller will go to the center position. If the GPS signal is good enough, the system will automatically

trigger Return to Home and will land safely. **The above**  **specifications meet**  **with the**  **Model Aircraft**  **Operating Standards**  **as set**  **below:**

• Soundview Aerial Photography, Inc. 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 within the sterile area described in the FOPM. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity o f full

- scale aircraft.

• Maximum flight time for each operational flight will be 20 minutes. • F lights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit. • 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 f ilming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).• The sUAV will operate at speeds of no more than 50 knots, can hover, and can

s imultaneously

move vertically

and horizontally

.
• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements. The UA, powered by

b atteries, 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 thereby enhance safety

and diminish the likelihood of death or serious bodily injury

. With a small payload and maximum flight time of only 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

f or displaying the characteristics of large, complex properties with several 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 p otential clients have been able to afford. The benefits of reduced cost and improved quality o f pres entation from the UA will be valuable to and benefit many buyers and sellers of real property. Additionally, I request that I be allowed to use my system 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 I do so. (a) No flight will be made with a 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 25 knots and no further than 1/8th NM from the PIC; (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 will be restricted to flights over private property with the permission of the property owner; (e) All required permits will be obtained from state and local government prior to operation; (f) Soundview Aerial Photography, Inc. will not be operating over densely populated areas; (g) Soundview Aerial Photography, Inc. will not be operating over any open- air assembly of people; (h) Soundview Aerial Photography, Inc. will not be operating over heavily tracked roads;(i) Soundview Aerial Photography, Inc. will not be operating within 5 NM of an

airport or heliport without prior permission. I respectfully request exemption under Section 333 to enable Soundview Aerial Photography, Inc. to operate efficient, limited, low

-risk commercial sUAV operations for the activities stated respecting at all times the space and privacy o f citizens and property whilst keeping our skies safe. Sincerely,

Dan Crowell , President Soundview Aerial Photography 14105 Burn Rd. Arlington, WA 98223 (360) 691

-4419 (office) (425)478

-2424 (cell) dan@soundviewaerial.com www.soundviewaerial.com**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**

Soundview Aerial Photography, Inc. requests an exemption from the following regulations as well as any additional regulations that may technically apply

to the operation of the sUAS : **14 CFR**  **Pa rt**  **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 Systems, I request an experimental certificate be issued for the DJI Inspire 1 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 ty pe and supplemental ty pe 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, I would expect that an experimental certificate would permit my commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only

f ly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally c ertificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this a

pplication, then I 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**  **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 sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numb er assigned to it by the FAA. I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (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, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft'sregistration information at the ground station. Finally, I 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 or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone 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 lim** **itations.** 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 employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

f or compensation or hire. My proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, I feel I 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, ma**  **rking, and**  **placard requirements** 

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. I 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 safety and meet the intent of 91.9, I propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station any

time the aircraft is in, or preparing for, flight. **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 sUAS System groundbased control station consists of a small hand

-held 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 "hands

- on" the controls during flight, I feel that this technique meets the intent 91.109 and provides an equivalent level of safety. **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 ty pic al mission of the sUAS would be photography or survey o f persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only b e flown over property

or persons where permission has been obtained and careful pre -planned has been performed. Theaircraft 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 I maintain that due to the small size of the UAS, the hazard to 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 altimeter setting available within 100 NM of the aircraft. The sUAS 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 sUAS on

board computer to the display s creen held by

the PIC, providing a constantly u pdated AGL readout. **14 CFR**  **91.151 Fuel**  **requirements for**  **flight in**  **VFR conditions** 

. The regulati on provides that no person may b egin a flight in an airplane under day

-VFR 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. I feel the intention of this paragraph is to provide an energy reserve as a safety

buffer for delays to landing. The sUAS 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 1/8 NM from the point of intended landing, a full battery

charge at launch will ensure that I meet the reserve energy requirement of this paragraph. I 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:**  **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) provide s 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 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not c apable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by

the FAA will be co - located with the crew at the ground control station and availa ble for inspection upon request. In order to identify the aircraft, I 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 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 p erson authorized under 43.7" after maintenance and inspection. Iti s my intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that theaircraft is in an airworthy c ondition prior to every

f light 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 on

-board 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. I 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**  **.** Soundview Aerial Photography, Inc. will be using the UAS in a variety

o f applications that generally require expensive full

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

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Soundview Aerial Photography, Inc. ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Soundview Aerial Photography, Inc. 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 cause to grant this Petition. **Conclusion .**  As pointed out in this app lication, all the SUAs which my company 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 (PIC), less 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 traf fic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance. My sUAV has proven capability f or 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. I am certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assurances on the airworthiness of sUAVs such as mine

. For the foregoing reasons, the exemptions requested herein should be granted and Soundview Aerial Photography, Inc. should b e permitted to conduct small UAV operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by

the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some sUAVs may b e used for legitimate commercial activities and under reasonably safe conditions .