In accordance with 14 C.F.R. § 11.81, Meg Bitton Photography LLC provides the following information in support of its petition for exemption:

A) Name and Address Of The Petitioner.

The name and address of the Petitioner is:

Meg Bitton Photography LLC
69 Leonard Avenue, Tenafly, NJ 07670

The point of contact for this Petition and specific contact information is as follows:
David Bitton

69 Leonard Avenue, Tenafly, NJ 07670

Tel: ( 201 ) 486

- 1681 Email: david@megbitton.com

Meg Bitton Photography LLC is applyi ng to the FAA for exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to perform aerial photography /videography for landscape photography, real estate & building professionals as well as to augment portrait & wedding events. M eg Bitton Photography LLC has been operating in good faith and without blemish for 5 years and carry substantial liability insurance for the photography/videography
business.

Airworthiness of UAS

The UAS proposed by the petitioner is a Lumenier QAV500 V2 and any of their subsequent upgrades as long as they are in accordance with the restrictions of Section 333.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and

parts, Subpart H

—

Airworthiness Certificates in accordance with the statutory criteria provided in

Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, we reques t that the Secretary of Transportation determine that this aircraft meets the conditions of Section 333 and thereby requests exception.

BASIS FOR PETITION

Petitioner, Meg Bitton Photography LLC ., pursuant to the provisions of the Federal Aviation Regulat ions (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator for an exemption from therequirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and ( b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

The Specific Sections of 14 C.F.R. From Which Meg Bitton Photography LLC Seeks Exemption.

1. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 1 4 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with t he aircraft to be utilized by Meg Bitton Photography 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 Federal Aviation Act (49 U.S.C.§44701 (f)) and Sectio n 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, speed, operational capability, and proximity to airports and populated areas of the particular UAV. In all cases, an analysis of these criteria demonstrates that the UAV 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 (fixe d wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

All of the UAVs to be operated hereunder are less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no explosive mater ials or flammable liquid fuels, and operate exclusively within a secured area as set out in the Meg Bitton Photography LLC Operations Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional inspections. The FAA will have
advance notic e of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with power generation inspections, provide a greater degree of safety to the public and property owners then conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the
UAVs , due to their size, speed of operation, location of ope ration, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial
external load.

2. 14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the reg istration 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 entrance to the cabin, cockpit, or pilotstation, in let ters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the UAV will have no airworthiness certificate, an exemption may be
needed as the UAV w ill have no entrance to the cabin, cockpit or pilot station on which the words "limited," "restricted," "light

- sport," "experimental," or "provisional," can be placed. Given the size of the UAV, two

- inch lettering will be impossible. The word "experimental ," may be placed on one of the rotor arms of each UAV, in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAVs marked on their rotor arm as required by §45.29 (f) where the pilot, observer and others working with t he UAV will see the identification of the UAV as "experimental,".

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

3. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command.

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

- commercial operations. Because the UAVs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations without requirin g PIC operating the aircraft to have a private pilot’s license or a commercial pilot’s license to operate these small UAVs. Unlike a conventional aircraft that carries the pilot and passengers, Meg Bitton Photography LLC ’ s UAV is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in
the Meg Bitton Photography LLC Operations Manual VSI

- 005 Rev. 2 (Manual). The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial or private pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the UAVs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of these UAVs as requested with out a commercial or private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & ( b).

4. 14 C.F.R. §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 Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

5. 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 approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any comb ination thereof.

The UAVs, given their size and configuration have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircra ft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAV will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

6. 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 ro torcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, la nding and takeoff distances and aircraft performance data before initiation of flight.

7. 14 C.F.R. §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 fli ght instruction unless that aircraft has fully functioning dual controls.

UAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that
communicates wit h the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalen t level of safety 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.

8. 14 C.F.R. §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 complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UA V that is a multi

- rotor VTOL and the exemption requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which operations are planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in theManual, the UAV will never operate at higher than 400 ft. AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operati ons without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAVs as well as the location where they will be operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft o r rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 ft. AGL in th e power generation industry. In addition, the low

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

9. 14 C.F.R. §91.121 Altimeter Se ttings

This regulation requires each person operating an 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 UAV 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 operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch si te shown on the GPS altitude indicator before flight.

10. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wi nd and forecast weather conditions) there is enough fuel 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 batteries powering all of Meg Bitton Photography LLC ’ s UAV s provide approximately 35 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAV flights would be limited to approximately five (5) minutes in len gth. Given that this limitation would prohibit the flight of the
UAVs

, a longer time frame for flight in daylight or night VFR conditions is
reasonable.

Meg Bitton Photography LLC believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAV, in a tightly controlled area where only people and property owners or official representatives who hav e signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAV.Additionally, limiting UAV flights to 5 minutes wo uld greatly reduce the utility for which the exemption will be granted.

Meg Bitton Photography LLC believes that an equivalent level of safety can be achieved by limiting flights to 25% of battery power. This restriction would be more than adequate to ret urn the UAVs to their planned landing zone from anywhere in their limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

11. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Air craft 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 airworthiness certificate. .

. . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

pas sengers or crew.

All of Meg Bitton Photography LLC UAV s fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAVs

.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to the UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

12. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations req uire that an aircraft operator or owner “shall have that aircraft inspected 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 pa rt 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Meg Bitton Photograph y LLC

. Maintenance will be accomplished by Meg Bitton Photography LLC pursuant to the flight manual and operating handbook as referenced in the Manual. ( See Sections L and Q) An equivalent level of safety will be achieved because these small UAVs are very l imited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feetAGL. As provided in the Manual, Meg B itton Photography LLC will ensure that every UAV 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.

13. The Extent Of Relief Meg Bitton Photography LLC Seeks And The Reason Meg Bitton Photography LLC Seeks Relief From 14 C.F.R. § 21.185. Meg Bitton Photography LLC seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes to commercially operate a Lumenier QAV500 V2 , without an airworthiness certificate, for the special purpose of conducting aerial inspection s ervices for its customers, pursuant to specific operating limitations and a Safety Management System (“SMS”). Meg Bitton Photography LLC seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the Lumenier QAV500 V2 , which has not yet been type certificated by the FAA, may be operated as if they were a restricted category aircraft for a single, defined, special purpose operation (i.e., aerial inspection).

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), Meg Bitton Photography LLC seeks relief from the airworthiness certificate requirements of the FAR because operation of the Lumenier QAV500
V2 will not create a hazard to users of the NAS, or the public , or otherwise pose a threat to national security. Section 333 sets forth the requirements for considering whether a UAV will create a hazard to users of the NAS or the public or pose a threat to national security. Further, Section 333 provides the authori ty for such UAV to operate without airworthiness certification. Specifically, Section 333 states the following, in part:

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a mi nimum

--

(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 create a hazard to users of the

nat ional 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 States Code, is required for the opera tion of unmanned aircraft systems identified under paragraph (1 ) set forth below, numerous factors, including the proven safe operational history of
the Lumenier QAV500 V2 in the NAS, as well as the specific parameters of Meg Bitton Photography LLC ’ s intended operation pursuant to this exemption, demonstrate that the Lumenier QAV500 V2 have in the past, and will continue in the future, to operate safely in the NAS without creating a hazard to other aircraft or people on the ground. Accordi ngly, the FAA may approve operation of the Lumenier QAV500 V2 without an airworthiness certificate, by setting forth specific operating limitations to ensure a level of safety equivalent to what would be provided by airworthiness certification.********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication
in the Federal Register, should it be determined that publication is needed:

Meg Bitton Photography LLC seeks an exemption from the following rules: 14 C.F.R. §2 1, subpart H; 14 C.F.R 45.23(b); §§ 61.113(a) & (b); 91.7(a); 91.9 (b) (2); 91.103 (b);91.109; 91.119; 91.121; 91.151 (a); 91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2), 91.417 (a) & (b), as well as the restricted category ai rworthiness certification standards specified in 14 C.F.R. § 21.185 to operate commercially unmanned vehicle (55lbs or less) for aerial inspections.

This will greatly reduce risk of injury , etc. in filming/photographing aerial still and video shots for m y business than using a helicopter or other manned flight apparatus . In contrast, a Meg Bitton Photography LLC UAV weighing fewer than 55 lbs. and powered by batteries elimina tes virtually all human risk given that the PIC is on the ground.

Every Meg Bitt on Photography LLC UAV is carried to the inspect ion site and not flown. The UAV s will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UAVs, weighting less than 5 5 lbs., conducted in the strict conditions outlined above, will provide an improved level of safety supporting the grant of the exemptions requested herein, including exempting the Meg Bitton Photography LLC from the requirements of Part 21 and allowing co mmercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted by humans dangling from ropes.

Reasons Why Granting Meg Bitton Photography LLC ’s Request Would Be in The Public

Interest

Granting the present Petition will further the public interest by allowing Meg Bitton Photography LLC to safely, efficiently, and economically perform aerial photo graphy for real estate & build ing professionals as well as augment portrait & wedding events. Additionally, use of the Meg Bitton Photography LLC UAV s will increase worker safety by reducing human exposure to extreme heights. Notably, the benefits of the proposed operation of the Meg Bitton Photography LLC UAV will be realized without implicating any privacy issues.

CONLUSION:

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

-- size, weight, speed, operating capabilities, proximity to airports and popula ted areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS to perform aerial photography/videography for la ndscape photography, real estate & building professionals as well as to augment portrait & wedding events.David B. Bitton

Meg Bitton Photography LLC

69 Leonard Avenue

Tenafly, NJ 07670

david@megbitton.com

(201) 486

- 1681