1

Anu Aerial Imaging, LLC c/o David B. Mackley, Member

606 West Main Street Waynesboro, PA 17268

Email: david_mackley@comcast.net Cell: (717) 658

- 5145

Dear Sir or Madam:

Pursuant to Section 333 of th e Federal Aviation Administration's Moderni zation and Reform Act of 2012 ( herein referred to as Reform Act) and 14 CFR Part 11, Anu Aerial Imaging, LLC hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operatio n of sUAS for precision aerial

s urve ying

, agriculture, civil engineering and related professional activities, residential and commercial real estate, utility inspection, public events, cinematography, news gathering, search and rescue, and aerial v ideo/ photography

. U nderstanding 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 detailed in this document and the DJI Phantom 3 Professional manufacturer saf ety guidelines found at the following web link ( http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Discla imer_en.pdf

) the requested exemption would permit the operation of Small Unmanned Aircraft Systems ( sUAS ) under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access and 4) would provide safety enhancements like

built

- in GPS an d “return to home” features

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace

syst em." Section 333(c) Reform Act.

The name and address of the applicant is:

Anu Aerial Imaging, LLC c/o David B. Mackley, Member

606 West Main Street Waynesboro, PA 17268

Email: david_mackley@comcast.net

Cel l: (717) 658

- 51452

Anu Aerial Imaging, LLC is petitioning the Federal Aviation Administration (FAA) for exemption from : 14 CFR Part 21, Section s 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, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91

. 203(a) and (b), 14 CFR 91.405(a), 14 CFR 407 (a)(1), 14 CFR 409(a)(2), 14 CFR 417(a) and (b)

FEDERAL AVIATION ADMINISTRATION AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA Aut hority to issue exemptions. This statutory authority includes exempting civil aircraft as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

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

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 USC §44701(f). See als o 49 USC§ 44711(a); 49 USC §44704; 14 CFR 91.203 (a)(1).

Section 333(b) of the Reform Act assist s the Secretary in determining whether sUASs may operate in the national airspace system without creating a hazard to the user, the public, or a threat to nati onal security. In making this determination, the Secretary must

consider:

 The sUAS' size, weight, s peed and operational capability;

 Whether the sUAS operates within the visual line of sight of the operator;

 Whet h er the sUAS operates outside of highly popu lated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system" Id. 333(c)

The DJI Phantom 3 Professional is a four

- rotor sUAS weighing approximately 2.13 pounds, including battery and propellers . It has the ability to operate under normal

conditions at a maximum speed of no more than 3 5.7 mph or 31 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. The maximum flight time on one batte ry is approximately 23 minutes. The sUAS will operate only in the pilot's or visual observer's visual li ne of sight at all times. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333(b).

Given the small size of the sUAS involved and the restricted environment of operation, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also, due to the small size of the s UAS3

and low altitudes in which our sUAS will operate, approval of the application presents no national security issue.

VEHICLE DESCRIPTION

The sUAS Anu Aerial Imaging, LLC proposes to use is constructed by DJI ( Da

- Jiang

Innovations Science and Te chnology Co., Ltd. ) and referred to as the DJI Phantom 3 Professional (hereafter referred to as Phantom 3 ). The Phantom 3 is commonly referred to as a quad

copter or multi rotor (4 rotors and 4 motors) which weighs a total of 1,280 grams equivalent to 2.1 3 pounds (lbs.) with battery and propellers . The sUAS is powered by 1 lithium polymer (LiPO) 4 s battery

. It has an operational transmitter range of up to 1.24

miles. Under normal operating conditions, the Phantom 3 has a maximum speed of 35.7 mph with a maximum ascent speed of 11 mph and a maximum descent speed of 6.7 mph.

The Phantom 3 can be operated entirely by a touch screen, map based interface via the DJI Go App for mobile devices including phones and tablets . This means the operator

needs onl y to command the system by mapping way points and the system autonomously flies for the operator. The Phantom 3 can be operated in both semi and fully autonomous flight modes, during which the operator simply designates a pre

- planned flight path for a

fli ght , including follow

- me , vision positioning, and point

- of

- interest modes . In addition, the operator can create no fly zones ensuring the sUAS does not enter areas deemed

u n safe or un n ecessary to fly over.

The sUAS has built

- in intelligent fault handli ng which allows the Phantom 3 to detect a system fault while in flight and autonomously return to the recorded "home" or take

- off

location and land. Faults that can be detected include: loss of communication with the

remote control and low battery levels.

All flight operations can be global positioning system (GPS) controlled, ensuring accurate navigation. At any point during operation if the Pilot in Command (PIC) is not explicitly commanding the sUAS to move, the system automatically holds its GPS

lo cation. The flight control system employs solely a GPS ensuring stability so long as wind thresholds are not exceeded. Also, a flight termination link

- to prevent a "fly away" or other potentially dangerous situation is available to the PIC as well as a return to home

feature

.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates: Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Give n the size and limited operating area

associated with the aircraft to be utilized by Anu Aerial Imaging, LLC , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part

11 and Section 333 of the Reform Act. The F ederal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight,4

speed, operational capability and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certi fied aircraft, or light

sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light

- sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, 2 inch lettering will be impossible. Anu Aerial Imaging, LLC will mark the sUAS with the organization’s name and address.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command (PIC)

Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve t he equivalent level of safety by strict adherence to the sUAS's users guide as well as strict

adherence to 14 CFR 91.119 . Unlike a conventional aircraft that carrie s the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated

in advance as set forth in the User Guide. The risks associa ted with the operation of the

s UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation 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 aircraft and the requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is n o pilot on board, but because there is no room or capacity to carry such an item on the aircraft.5

The equivalent level of safety will be maintained by keeping the User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight acti ons, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the User Guide and safety checklists , including documentation of potential obstructions to flight . These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Exemptions/Rule Making b y design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use

of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter compli es with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multi

- rotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 feet above gr ound level (AGL), so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only.

The equivalent le vel of safety will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because advance notice to the

property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted in accordance with recommended safety distances

from all non

- participating p ersons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:6 1. Barriers or structures are present that sufficiently protect non

- participating persons from debris in the event of an accident. The PIC will ensure that non

participating persons remain under such protection. If a situation arises where

non

- participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or;

2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and;

3. Operations near the PIC or VO do not p resent an undue hazard to the PIC or VO, per 14 CFR 91.119(a).

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populate d area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices

- to

- airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other

conventio nal aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Alt imeter Settings

. This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator

befo re flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering th e sUAS provides approximately 12 minutes of powered flight. This would render the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. An equivalent level of safety can be ac hieved by limiting flights to 20 minutes, o r enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and7

the PIC), whichever happens first. This restriction would be more than adequate to return

th e sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot.

The refore, there is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS w ill have immediate access to them, to the extent they are applicable to the sUAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspe cted as prescribed in subpart 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 43 of this chapter...,” and others shall inspect or maintain the aircr aft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections wi ll not apply to Anu Aerial Imaging, LLC . Maintenance will be accomplished by the operator pursuant to the Use r Guide. An equivalent level of safety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Guide, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover , the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveying, agriculture, civil engineering and related professional activities, residential and commercial real estate, utility inspection, public events, cinematography, news gathering, search and rescue, and aerial video/photography is in the public interest. Manned aircraft monitoring, surveying and photography creates a greater risk due to: larger craft, combustible fuel and carry an onboard human pilot. In contrast, a, sUAS weighing less than 4 pounds and powered by batteries eliminat es virtually all of that risk given the reduced mass and no combustible fuel onboard. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.8

Conducting precision aerial surve ying, civil engineering and related professional activities, residential and commercial real estate, utility inspection, public events, cinematography, news gathering, search and rescue, and aerial video/photography with

the Phantom 3 , instead of manned ai rcraft will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey and/or photographic flight operations. By utilizing battery power and electric motors, the

Phantom 3 produces n o air pollution and is a viable, environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that is typically utilized for aerial surveys, while burning approximately 20

- 30 gallons per hour

of leaded avi ation fuel. The Phantom 3 , while reducing the carbon footprint of a traditionally powered aircraft also reduces noise pollution as the sUAS is propelled solely via battery powered electric motors. Eliminating emissions generated by conve ntional

aerial su rveys.

EQUIVALENT LEVEL OF SAFETY

Anu Aerial Imaging, LLC proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations

repr ese nt a safety enhancement to the already safe protocols followed by aerial survey and photographic operations conducted w ith helicopters and other conventional aircraft.

Anu Aerial Imaging, LLC will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than 5 pounds

2. Flights will be operated within line of sight of the pilot in command or the visual

observer.

3. Maximum total flight time for each operational flight will be restricted to 20

minutes. (maximum battery life of 23 minutes)

4. Flights will be operated at an altitude of no more than 400 feet AGL

. 5. Flight operations will be conducted 5 mile s from an airport and at least 1 mile from any city or densely populated area, unless appropriate permission is granted by civil authorities.

6. Flight operations within 5 miles of an airport require notification an d approval from the local Flight Standards District Office and airport controller.

7. Flight operations will occur during daylight hours and under appropriate meteorological conditions only.

8. Minimum crew for each operation will consist of the sUAS pilot and v isual

observer.

9. The pilot and visual observer will have been trained in the operation of the sUAS.

10. The pilot and visual observer will at all times be able to communicate by voice

and/or radio.

11. Written and/or oral permission from the relevant property holde rs will be

obtained.9

12. Flight operations will be conducted at a safe distance from all non

- participating persons, vessels, vehicles and structures unless:

a. Barriers or structures are present tha t sufficiently protect non

Participating persons from debris in the event of an accident. The pilot will ensure that non

- participating persons remain under such protection. b. The aircraft is operated near vessels, vehicles or structures where the

land owner/ controller has granted permission and the PIC has

made a safety assessment of the risk of operating closer to tho se objects and; c. Operations near the pilot or visual observer do not present an undue hazard to the pilot or visual observer.

13. If the sUAS loses communication, the sUAS will have the capability to return to a safe pre

- determined location and land.

14. The sUAS will have the capability to abort autonomous flight in case of unpredicted obstacles or emergencies.

PRIVACY

All flights will occur over private or controll ed access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

Mr. David B. Mackle y, Member, Anu Aerial Imaging, LLC has petition ed the FAA for an exemption from 14 CFR Part 21, §§ 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 CFR91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) and (b), 14 CFR 91.405(a), 14 CFR 407 (a)(1), 14 CFR 409(a)(2), 14 CFR 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow commercial operation of DJI Phantom 3 Professional

small Unmanned Ai rcraft S ystems (sUASs) for precision aerial surveying, agriculture, civil engineering and related professional activities, residential and commercial real estate, utility inspection, public events, cinematography, news gathering, search and
rescue, and aerial vide o/photography.10

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national secur ity

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Anu Aerial Imaging, LL’s sUAS for precision aerial surveying, agriculture, civil engineering and related professional activities, resid ential and commercial real estate, utility inspection, public events, cinematography, news gathering, search and rescue, and aerial video/photography.

Very Respectfully,

David B. Mackley Anu Aerial Imaging, LLC

Member