10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

November 4 , 2015

United States Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

RE: Exemption request pursuant to Section 333 of the FAA Modernization and Reform Act of
2012

Petitioner: Christopher J. Gourdine, President Pics Aloft, Inc.
10455 51st Terrace North Saint Petersburg, FL 33708 picsa loft@gmail.com (727) 667

- 8872

Introduction: Pics Aloft, Inc. (Petitioner) is an aerial photography, videography and cinematography company which utilizes small unmanned aircraft systems (sUAS) to provide high quality aerial images to
the television and m otion picture industry for scripted closed set filming as well as other aerial photography and videography services for the real estate, construction and entertainment industries at an affordable price and while maintaining a higher level safety than the a lternative of manned flight operations. As set forth in this petition, Pics Aloft, Inc., seeks an exemption to allow commercial operation of sUAS as long as a such operation is conducted within and under the condition outlined herein or as may be establish ed by the FAA as required by Section 333.

Basis for Petition: Pics Aloft, Inc., pursuant to Federal Aviation Regulations (FAR) (14 C.F.R. §11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, hereby respectfully petitions the
Admin istrator for an exemption from the requirements of 14 C.F.R. 45.23(b), 61.23(a), 61.101(e)(4)& (5), 61.113(a), 61.315(c)(2)&(3), 91.7(a), 91.9(2), 91.119(b)(c), 91.121(a), 91.151(b), 91.405(a), 91.409(a)(1), as well as the certificate of airworthiness requ irement under 14 C.F.R. Part 21, Subpart H.. The petitioner offers the following as basis for and authority granted to the FAA for the purpose of issuing the exemption.10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

1. Section 333 Under Section 333(a) Congress has mandated that the FAA “shall deter mine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule

- making required by section 332 of this Act or the guidance required by section 334 of this Act.”

Section 333 (b)(1)&(2) as serts that the Secretary shall determine, (1) “which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not c reate a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United State s Code, is required for the operation of unmanned aircraft systems identified under paragraph (1)”

Section 333(c) states “If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace sys tem, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.”

2. 49 U.S.C. 44701 U.S Code, Title 49, Subtitle VII, Part A, Subpart iii, Chapter 447 44701 states, “The Administrator

may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

– 44716 of this title if the Administrator finds the exemption is in the public interest.

Aircraft seeking exemption:
The petitioner is seeking exemptions for the DJI Phantom 3 Profess ional, DJI inspire 1 and 3D
Robotics Solo Drone

. All three aircraft are small rotorcraft designed in a quadcopter configuration propelled by four battery powered electric motors, controlled by one or more ground based hand held remote ground control station utilizing an FAA compliant Radio Frequency (RA). All aircraft have similar flight characteristics, weigh less than 55 pounds and have a maximum speed of less than 87 knots.

Criteria for exemption under Section 333:
Giv en the small size weight and relatively low operating speeds of the UAS the operating standards can maintain the same or greater safety levels than conventional manned flight operations while mitigating risk to persons and property on the ground. The follo wing factors10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

will ensure the highest level of safety is realized.

1. Visual Line of Sight The UAS(s) will be flown during daylight hours under visual meteorological conditions operated only by pilots who hold a current airman certificate of sport pilo t or greater and within visual line of sight (VLOS) of the pilot in command (PIC) and utilizing the assistance of a visual observer (VO). The PIC and the VO will maintain verbal communication during the duration of the flight.

2. Proximity to Airports and Airspace: The UAS(s) will not be operated within 5 miles of the geographical center of an airport without written permission from the airport/facility authority, in class B, C or D airspace or at an altitude of greater than 400 feet above ground leve l (AGL). Boundaries will be ensured with the aid of preprogrammed geo

- fences within the manufacture software.

3. Safety Systems In addition to an experienced PIC and VO the UAS(s) offer several safety features designed into software and operation to p rovide an additional level of safety. An onboard GPS system allows for the aircraft to return to its departure point in the event of a loss of communication or eminent power failure. The UAS offers the ability to preprogram maximum altitudes and flight

rou tes. Designed to self monitor and diagnose, the UAS(s) provide continuous updated data pertaining to flight control including speed, altitude and battery strength as well as geographical location and GPS signal strength.

4. Flight Operations All fligh ts will be conducted in a manner which will preserve the safety of persons or property on the ground and in a manner not to interfere with manned or unmanned air traffic within the national air space. The following procedures will ensure the highest level a safety is obtained.
A. The UAS will not be operated at a speed exceeding 87 knots or at an airspeed exceeding the manufactures recommend maximum airspeed.

B. The UAS will not be operated above 400’ AGL.
C. Prior to each flight the pilot in co mmand will conduct a preflight inspection of the aircraft to determine the UAS is in safe flight condition. The inspection will include but not limited to flight controls, battery strength, GPS lock, compass calibration, meteorological conditions and data links and all flight will be aborted if minimum flight safety levels cannot be obtained.
D. The UAS will be maintained in accordance with manufacture specifications, abide by manufactures maintenance, overhaul, replacement, inspection and life limit re placement requirements as well as comply with all safety bulletins.10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

E. The PIC will hold and maintain an airman certificate of Sport Pilot or greater and possess
and maintain a valid state issued driver’s license or an FAA airman medical certificate.

F. The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles.
G. The PIC will abort flight in the event of emergency or unexpected obstacles arise or if
contin ued flight will interfere with manned or unmanned flight operations.
H. When operating for the purpose of closed set video filming and production the PIC will possess a Motion Picture and Television Operations Manual (MPTOM) and written permission
will be obtained from the local Flight Standards District Office (FSDO) at least 3 days prior to aerial filming.

5. Privacy All flights will be conducted above controlled areas where permission has been granted by the property owner or representative or ag ent of the property owner, municipality, government or law enforcement agency. Every attempt will be made to inform occupants and neighboring properties of the nature of the flight as well as scheduled time and duration.

6. Security and Threat to Publi c and National Security To prevent unauthorized use contrary to Section 333 or the limitations of the requested exemption, all UAS(s) will be held stored and operated by Pics Aloft, Inc. The relatively short flight times and the lack of a manned flight cre w or flammable fuel pose a significantly lower level of risk to people or property than the current method of utilizing helicopters and fixed wing air craft.

7. Public Benefit Current methods of aerial filming involve utilizing specially equipped heli copters and fixed wing aircraft with flight crews and photography and video operators to obtain desired views and vantage points. Such operations incorporate significant risk to airborne crews, aircraft and participants and non

- participants on the ground a s well as incur substantial production costs. Granting this exemption will allow Pics Aloft, Inc. to provide high quality, high definition video and photography and cinematography services at significantly lower level of risk and at considerably lower cost

.

Exemption Sought: Pics Aloft, Inc., pursuant to Federal Aviation Regulations (FAR) (14C.F.R. 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, hereby respectfully petitions the Administrator for an exemption from the requirem ents of 14 C.F.R. 45.23(b), 61.23(a),10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

61.101(e)(4)& (5), 61.113(a), 61.315(c)(2)&(3), 91.7(a), 91.9(2), 91.119(b)(c), 91.121(a), 91.151(b), 91.405(a), 91.409(a)(1), as well as the certificate of airworthiness requirement under 14 C.F.R. Part 21, Subpart H.

1. 14 C.F.R. Part 21 Subpart H. Subpart H, Airworthiness Certificates, outlines the procedural requirements for issuing airworthiness certificates as required by FAR 91.203(a)(1). Due to the relatively low weight, size and limited operating range as sociated with aircraft operated by the petitioner, the requested exemption from Part 21 Subpart H meets the requirements of the equivalent level of safety under Part 11 and Section 333 of the Reform Act. Relief from this regulation will allow Pics Aloft,

I nc. to uphold or exceed the level of safety by following flight operations and maintenance procedures as outlined by the manufacture. The Federal Aviation Act (49 U.S.C. 44701(f)) and Section 333 of the Reform Act both provide the FAA the authority to exem pt aircraft from the requirement for an airworthiness certificate upon consideration of size, weight, speed and operating capabilities of the aircraft. Granting the exemption will not prevent or adversely affect the ability to provide the same or elevated level of safety when compared to conventional aircraft operations operating with an airworthiness certificate without the proposed restrictions
and limitations.

2. 14 C.F.R. §45.23(b) Display of marks; size of marks This regulation requires “When mark s include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft
near each e ntrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.” Relief from this regulation is sought given the size of the aircraft and the nature of UAS lack of cabin entrance and cockpit will prevent adherence to this regulation. It is proposed that the FAA issued registration N number and the word EXPERIMENTAL will be displayed on the aircraft at the largest practice size in a manner that allows visual identification of the aircraft by the pilot, observers, and others associated with the operation of the aircraft in compliance with 14 C.F.R. 45.29(f).

3. 14 C.F.R. § 61.23(a) Medical certificates: Require ments and duration This regulation requires a person (a)(1) must hold a first class medical certificate. Relief from this regulation is requested as a valid state issued Drivers License will suffice as sufficient evidence of the PIC physical condition and ability to provide for a safe flight. All pilots will be required to maintain an airman certificate with rating of Sport Pilot or greater. A state issued10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

Drivers License should be accepted as this provision has been granted to Sport Pilots under 61.23(c)( 1).

4. 14 C.F.R. § 61.101(e)(4)&(5) Recreational pilot privileges and limitations This regulation stipulates that a Recreational Pilot may not act as pilot of command of an aircraft (4) for compensation or hire (5) in the furtherance of a business. An exemption of this regulation is sought on the basis that the PIC of the UAS will be required to hold and maintain a current airman certificate with a rating of Sport Pilot or greater to ensure the PIC possess the knowledge and understanding of the nationa l airspace, NOTAMs, TFRs, meteorological conditions, weather patterns and aeronautical decision making procedures. As the UAS does not carry passengers or cargo for hire (with the exception of video or sensory equipment) the risk associated with the
operat ion of the UAS is much less than the risk inherent to commercial air operations described
in 14 C.F.R. 61.

5. 14 C.F.R. § 61.113(a) Private pilot privileges and limitations: Pilot in command This regulation stipulates that a Private Pilot may not act as pilot of command of an aircraft that is carrying passengers or property for compensation or hire. An exemption of this regulation is sought on the basis that the PIC of the UAS will be required to hold and maintain a current
airman certificate with a ra ting of Sport Pilot or greater to ensure the PIC possess the knowledge and understanding of the national airspace, NOTAMs, TFRs, meteorological conditions, weather patterns and aeronautical decision making procedures. As the UAS does not carry passengers o r cargo for hire(with the exception of video or sensory equipment) the risk associated with the operation of the UAS is much less than the risk inherent to commercial air operations described
in 14 C.F.R. 61.

6. 14 C.F.R. §61.315(c)(2)&(3) What are the privileges and limits of my sport pilot license This regulation stipulates that a Sport Pilot may not act as pilot of command of an aircraft (2) for compensation or hire (3) in the furtherance of a business. An exemption of this regulation is sought on th e basis that the PIC of the UAS will be required to hold and maintain a current airman certificate with a rating of Sport Pilot or greater to ensure the PIC possess the knowledge and understanding of the national airspace, NOTAMs, TFRs, meteorological cond itions, weather patterns and aeronautical decision making procedures. As the UAS does not carry passengers or cargo for hire(with the exception of video or sensory equipment) the risk associated with the operation of the UAS is much less than the risk inhe rent to commercial air operations described
in 14 C.F.R. 61.10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

7. 41 C.F.R §91.7(a) Civil aircraft airworthiness This regul ation states, “No person may operate a civil aircraft unless it is in an airworthy
condition.” As there is no current FAA r egulations pertaining to air worthiness certificates for UAS, an exemption from this regulation is requested until official procedures have been approved and adopted. To ensure an appropriate level of safety, maintenance routines and schedules and prefligh t checklists obtained from the manufacture will be followed. Given the size and weight of the aircraft along with the intended nature of the flights and the associated level of risk the safety levels of this regulation will be met or exceeded.

8. 14 C .F.R. §91.9(2) Civil aircraft flight manual, marking, and placard requirements This regulation stipulates (2) No person may operate a US registered civil aircraft (b) For which an Aircraft or Rotorcraft Flight Manual is not required by 21.5 of this chapter unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Due to the size of the UAS and the lack of a cockpit or storage compartment, r elief from this regulation is sought. In order to maintain the level of safety intended by this regulation, an Aircraft or Rotorcraft Flight Manual or the equivalent supplied by the manufacture will be available to the PIC at the ground
control station for reference at any time during flight and will be presented on request from the FAA or any government, state or local law enforcement agency.

9. 14 C.F.R §91.119(b)(c) Minimum safe altitudes This regulation restricts operation of an aircraft below the f ollowing altitudes (b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1000 feet above the highest obstacle within a horizontal radius of 2000 feet of an aircraft, (c) An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person vessel, vehicle or structure. An exemption from this regulation is requested due to the nature of UAV based photography and cinematography industry, many flights for the purpose of aerial photography intended to promote the sale of real estate must be performed in areas designated as congested areas such as subdivisions, building development sites, con dominiums and resort and apartment complexes. All flights will be conducted on/over public or private property or where prior permission has been granted by the property owner or a representative of the property owner, municipality, government or law enfor cement agency. Each flight will be conducted utilizing a visual advisor (VO) and operated within visual line of sight (VLOS) of both the PIC and the VO and at an altitude of 400 feet above ground level (AGL) or less. Additionally, flights for the

purpose o f inspecting construction and infrastructure, i.e. communication and utility towers and10455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

- 8872 PicsAl oft@gmail.com

distribution lines, often fall is areas designated as congested. In order to deliver the equivalent level of safety, every attempt will be made to inform neighboring pr operty owners and residents of the nature of the flight, scheduled flight times and duration. During flights intended for the purpose of providing video and photography for live sporting events and large public gatherings with prior written consent form t he producer, promotor, venue or facility owner municipality, government or law enforcement agency may require the operation within 500 feet of people, vessels, vehicles or structures. To ensure safe operations, every attempt will be made to inform the publ ic, attendants and participants of the nature of the flight and scheduled flight times, flights directly above the public, attendants and participants will be avoided and flights will be aborted in the event that it is determined continued flight could res ult in injury to persons or property on the ground. Flights which require the UAV to maneuver within 100 feet of a participant will be conducted on a closed set with full consent of all participants. Closed set operations to include flight times,
altitudes and course will be reported to the nearest Flight Services District Office (FSDO) three days prior to flight.

10. 14 C.F.R §91.121(a) Altimeter settings This regulation requires (a) Each person operating an aircraft shall maintain the cruising altitud e or flight level of that aircraft, as the case may be, by reference to an altimeter. An exemption is requested due to the fact the UAS does not carry a barometric altimeter, instead the UAS relies on a GPS altitude indicator. An equivalent level of safety will be ensured by following manufacture approved preflight checklists and verifying departure altitude prior to flight.

11. 14 C.F.R §91.151(b) Fuel requirements for flight in VFR conditions This regulation stipulates (b) No person may begin a fligh t in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and for at least 20 minutes. An exemption from this regulation is requested due to the shor t flight time capacity of the UAS. No flight will begin with less than 75% battery capacity and all flights will be terminated when battery levels fall to 30%. Additionally, the UAS is equipped with a fail safe feature which will automatically return the U AV to the original departure point should the battery level fall to critical level. This will ensure the equivalent level of safety the regulations intended.

12. 14 C.F.R §91.405(a) Maintenance required This regulation states that each owner or operat or of an aircraft (a) Shall have the aircraft inspected as prescribed in sub part E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 4310455 51 st Terrace North Saint Petersburg, FL 33771 www.PicsAloft.com (727) 667

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of this chapt er. An exemption from this regulation is requested as this regulation pertains to aircraft which have been issued an airworthiness certificate. To meet the intended safety margin of this regulation, all maintenance will be performed by trained qualified in dividuals following manufacture specified procedures.

13. 14 C.F.R §91.409(a)(1) Inspections This regulation dictates that (a) Except as provided in paragraph(c) of this section, no person may operate an aircraft unless, within the preceding 12 calend ar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter. Relief from this regulation is sought due to the fact that regulations ha ve not been established regarding UAS inspections. To achieve the comparable level of safety the regulation was intended, the UAS will be inspected prior to each flight to establish the flight worthiness of the aircraft and will follow inspection and
maint enance procedures outlined by the manufacture.

Conclusion: Pics Aloft, Inc. respectfully requests exemption from the fore mentioned regulations to allow pursuit of a commercial UAS based aerial photography and videography business without imposed restric tions which prove to be contrary to the operation of the business providing an equivalent level of safety is maintained. By granting this petition for exemption, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA

M odernization and Reform Act of 2012 as well as providing for the public interest.

Respectively submitted,

Christopher J. Gourdine
President Pics Aloft, Inc.