Steve Fincher Photography 6240 N. Pinnacle Dr. Spartanburg, S.C. 29303 Cell:864-216-5083 email: steve@fincherphoto.com

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

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Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations This application is being submitted on our own behalfwithout legal council orconsulting services. Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, Steve Fincher Photography Inc. does hereby apply for an exemption from the Federal Aviation Regulations to allow commercial use ofsmall unmanned aerial systems ("sUAS") for thepurpose ofaerial photography and videography in theupstate area ofSouth Carolina. Also, pursuant to 14 CPR§ 11.87, we request that the FAA not publish this petition request in the Federal Register and not delay action based on the following: 1. This petition for exemption does not set precedent. Previous identical exemption requests have been approved. 2. A delay in action on this petition would adversely affect pending requests for aerial photography operations and result in lost opportunityand wages as several ofmy clients have been approached orhave currentlyused amateur photographersprovidingthis service without FAA exemption., the competitive advantage for unapproved commercial sUAS operators exists and continues to grow every day. The requested exemption would authorize remote controllow altitude operations using the 3DR Iris+.for still photography and video. These operationswill be subject to strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto current operations usinglarge construction booms and camera attached cable operations. We are not lookingto operate the Iris as an aircraft but as a low altitude hovering camera platform. No operation would ever enter airspace that would be occupied by traditional aircraft and would pose no risk to other aircraft. Steve Fincher Photography Inc, has established itselfas aleader in commercial and aerial photographywith 35 years in business. We currently use small manned aircraft as well as aerial booms and cable constucts to carry both still andvideo cameras. We would like to replace these with the use ofa lightweight remote control camera UAS. This would also allow us to operate in a much more cost effective as well as a much safer manner as the UAS would be much safer to operate. It**\~ould** also allow us to acheive the low altitudes that are not possible to safely acheive with larger, heavier aircraft. We understand that there is a small risk associated with the use ofUAV's but the riskposed by the crashing ofa smallplastic UAV is much less than the associated risk ofdropping a heavy metal and glass camera orlens while flying from a helcopter or suspended from a crane or

### lift 100 feet in the air.Steve Fincher Photography Inc, serves clients that include automotive manufacturing, industrial manufacturing, architectural clients, construction companies, law enforcment, city, countyand state agencies as well as manyother commercial and industrial cleints. We photograph performance automobiles on the manufacturer's closed test facility, industrial equipment in use on construction sites, monthlyconstructionprogress recording, architectural photography, road and bridge construction, sports photographyfor manufactures ofboating equipment, real estate, photographing events for schools and university's and many other uses. While some of these operations are conducted above 500 feet and are carried out using helicopters and small airplanes most of ourphotography is done at altitues below 100 feet, usually below surrounding tree level, never more than 200 feet AGL. We currentlyuse scissor lifts, booms and scaffolding platforms, run cable and electrical lines in order to get thejust below rooftop level or higher angles to meet ourclients needs. All these needs could be meet \vith the simple use ofa camera mounted UAS weighingless than 5 pounds. The safety factor alone should be enough to autorize an exemption. Examples ofuse: We photograph large groups ofpeople, usually employees ofan industrial plant orpossiblythe construction crew ofa completed building, ect. These groups can be as small as 50 but sometimes 

### will have several hundred in the group and is usually shot in front ofa building or structure. In order to see the faces ofeveryone we need to shoot from and elevated angle ofsomewhere between 15 and 50 feet. This is usually accomplished by renting and hauling in a scissors lift oflarger boomlift. The use ofeither ofthese requires finding a level surface which is sometimes hard to find and occasionally damages surroundinglandscaping. This also requires the use ofan operataor and use ofsafety harness, ect. With the use ofa UAV we coud simply position the UAV, ascend to the required height, hit the hover switch, take the photos, hit the return to launch switch which would safelyland the UAV. This would be much safer, morepractical, more economical and could be accomplished without ever entering into any space that would be occupied by anyother aircraft. Another use is in monthly construction progress photos. We photograph manyconstruction sites on a monthly basis. One ofthe requirments ofthis is that we shoot from the same altitude and location each month. While we nowtryto accomlish this by flying at low alttitude with a small helicopter it would be much easier to do with the computer aided programming ofthe UAV. The Iris+ has the capabilityto setup waypoints on a map that would allow the UAV to automatically go to a predetermined location and altitude and take the photos. This could be saved and repeated in orderto get exactlythe same required photos each month which is almost impossible to achieve in a helicopter. The desired angle for this is always below 200 feet AGL. By using the UAV we are saving rental cost ofthe helicopter, fuel usage and the danger offlying a helicpoter over a constution site. The arcitectrual photographywe do almost always requires elevated still photos as well as video. Currently this is accomplished vvith lifts, cranes and scaffoldingwith cables run to support cameras. In some case we have had to use vertical lifts as tall as 130 feet in orderto get panaromic views required by the client. With the use ofthe UAV we could easily accomplish the same tasks in a much shortertime frame and without the need to rent and haul large pieces ofequipment. At no timewould we ever be in airspace occupied by any aircraft, usually this type ofphotography is done between 15 and 100 feet, hardly ever morethan 50 feet above the surroundingtree level. The use ofa 5 pound UAV would be far safer than all this heavy equipment. ' We shoot photos and video ofcars on a test track and boats on open water for advertising purposes. These require the use oflow flying helcopters ortryingto shoot from elevated platfo.rms on a moving boat which is very difficult and sometimes dangerous. We use car mounted cameras or shoot from elevated plaforms. All ofthis could be replaced with the use ofa 5 pound UAV mounted camera. This would allow more accurate positioning and following ofthe vehicle without the need ordanger ofthe helicopter orboats. The desired**~ti~de fo~**  this is usually about 20 to SO feet which would not interfere with the operation ofother aircraft and ts tmpossible to achieve in a helcopter but which could easilybe done with the samll UAV.The UAS to be used: The 3DR Iris+ is a smallS pound UAS with an on-board GPS and related flight management software that allows the operatorto safely and efficiently plan a mission in 30 and monitor it in real-time using Mission Planner Software. The software has built in limitations thatkeep the flight to Line ofSight, limit the aircraft to altitudes ofno more than 400 feet. Additionallythe softwareprovides automatic land with return to home function in case oflowbattery, GPS signal loss or also with the flip ofa switch in case ofan emergency. The 3DR Iris plus is electric powered with a flight time orno more than 20 minutesperbattery so there is no flamable fuel onboard. Currently, this identical as well as similarlightweight, remote controlled UASs have been aaproved for exemption by the FAA, as well as many are legally operated by amateurs with no flight experience, safetyplan or controls in place to prevent catastrophe. It is onlylogical to allow Steve Fincher Photography Inc. highly experienced remote controlpilot, to operate similar lightweight UASs. Steve Fincher Photography notes that the airworthiness ofthe Iris+ has already been approved for exemption in many cases by the FAA. Irequest exemption for the requirement ofaprivate pilots license since the UAS would never under any circumstances enter into controlled airspace. I feel that it places an unfair and unnecessary financial and safety burden to pay thethousnads ofdollars and spend the required hourslearningto fly a manned aircraft that I have no desire or intention ofever piloting. I feel it is unsafe to require meto fly solo in an aircraft that Inever intend to operate. There is nothing about the trainingfor manned flight in a small planethat preparesyou to operate a small remote controlled UAV in the mannerthat Iintend to use it. One ofthemain reasons for using the UAV is to stay out ofmanned aircraft and lift equipment, which underthe best conditions put life at risk.While I can see uses ofUAV's that might benefit from the training such as airspace rules and regualtions, weather condition, airport operations and procedures, ect
.. I do not intend to operate in airspace that would be occupied by other aircraft, will not fly from one airport to another, will not operate in any conditions that would require advance knowlege ofout ofthe area weatherpatterns or conditions. Iwould never fly to orfrom an airport, never have an onboard pilot, crew orpassengers. Weather would not be a serious consideration since we would never operate morethan 200 feet AGL or at a distance ofmorethan 1000 feet from the operator so the platform could land at a moments notice ifweatherwere to change. Steve Fincher is the operator ofthe sUAV with 40 years ofRC Aircraft experience and a member ofthe Academy ofModel Aeronautics (AMA), Mr. Fincher is extremely concerned with safety in the operation ofsUAS systems and has lOO's ofhours operating small remote control aircraft as well as manyhours operatingthe 3DR Iris+ which is the sUAS that 

### will be used for both still photography and video. Steve Fincher has been operatinglightweight model aircraft as a hobby for manyyears without incident and would like to formally request permission to fly its UASs commercially in the United States at altitudes below 200 feet to capture aerial photography and video without the requirement ofa privatepilots license. Each flight is flown Line ofSight (LOS) and always below 200 feet AG

### L. Predetermined, specifically marked areas of operation, over privatepropertywith the land owners permissionand corresponding current safety controls will allow Steve Fincher Photography Inc. to operate within current safetyparameters. To date, Steve Fincher Photography Inc. has flown countless flights andhas done so safely and successfully. Steve Fincher Photography Inc. exemption request would permit its operation oflightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace under 200 feet during daylight hours.

I IThe 3DR Iris+ will be operated by Steve Fincher who has the following requirements:

• Is a registered member ofthe AMA. • Has over 100 hours offlight time using the 3DR Iris+. • Has studied and**complet~d** the 3DR manufacturers online video instruction for the assembly, maintenance and repair ofthe Iris+. • Has studied and completedthe 3DR manufacturers online video instruction for Pre-flight procedures, flight procedures including both software controlled as well as manual controlled flight and landing. The operator has logged over 100 hourofflight time with th Iris+. • Has studied and completedthe 3DR manufacturers online video instruction for the use and pro gramming offlight patterns and flight procdures using both the Droidplanner and Mission Planner software that is used in flight planning for the Iris+. This software allows the flight to be pre-planned and programmed into the Iris+ which allow parameters to be set for maximum altitude, distance from pilot as well as manyotherparameters. This allows for the flight to be safely undertaked and controlled by the software but also allow with the flip ofone switch return ofcomplete control backto the pilot. • Has held a General Class Amateur Radio Operators License for over 30 years that gives aunique understanding ofelectronic circuitry for maintence and repair ofthe circuits used in the Iris+, transmitter and antennalobe characteristics and radio frequency characeristics that help in understanding ofRF interference as well as thelimitations ofthe technology associated with remote control aircraft. • Has been flying model aircraft for over 40 years with 1 OO's ofhours flying remote control craft. • Has been flying ultralight aircraft for over 20 years and has completed a certified training course including ground school for ultralight aircraft by Flight World, LLC
. • 35 years experience shooting aerial photography from helicopters as well as small fixed wing air craft is very familiar with rules and regulations reguarding altitude, flight patterns around airports as well as other aircraft and communication with air traffic contollers when needed. • Has a valid driver's license • Steve Fincher Photography Inc. is covered with $2,000,000 ofcommercial insurance.Grant ofthe exemption to Steve Fincher Photographyfor use ofthe Iris+ 

### will be subject to the following operating conditions.

• Operations to be conducted overprivate, controlled-access, orpublicpropertywhere approved from an established fixed location with the portable ground station, and where we 

### willpost a sign near the ground station stating, "Aerial Photographyin Progress- Remain Back 150 feet:'

• Permission from the land owner/authority required before commencinganyflight

• Priorto the start ofa flight, We will activate and use the VAS's global positioning system flight safety procedure and lost-linkprocedureto ensure return ofthe aircraft in the event ofa lost linkorcompromised communication.

• Operations must not interfere with manned aircraft operations, must yield the right ofway to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours

• Operations must remain within Visual Line ofSight (VLOS) and will be visually monitored at all times;

• Visual Line ofSight operations guaranteed with a GPS geo-fence around operator of0.15 miles

• Flight ceiling pre-programed at 200 feet;

• All operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport;

• All operations shall complywith required permissions and permits established by territorial, state, countyor cityjurisdictions; includinglocal law enforcement, fire, or other appropriate governmental agencies.

• The Iris+ operations will be compliant with ex:isting safetyprocedures inherent to the activities ofthe related company.

• The Iris+ plus will have a sticker with the name, address and phone number as well as the AMA membership number and insurance info ofthe operatiorin case ofan incident.

• Operations oftheplatformwould in most case stay slightly above surroundingtree level and all missions will be conducted below 200' AGL, and within a radius distance of 1000' from the portable ground station

• In terms ofproximityto thepersons or structurebeingphotographed, We mayoperate in a close proximity to the structure, and in some cases as close as 25' from the structure. Onthese occasions, we will operate at less than two miles per hour, makingthe risk ofcollision almost negligible

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• Operations ofthe UAV while away from people and structures will never exceed 50 mph

• All operations ofthe UAV will be performed by Steve Fincher, an experienced UAV operator

• All operations will be covered by a minimum of$2,000,000 ofcommercial insurancePublic Interest and Benefit Considerations. Aerial photographygenerally require use ofa mannedplatform. Close-proximity aerial photography is difficult to do, and usually requires the use ofa helicopter or slow-moving aircraft at an appropriate distance over a populated area. The operation must be conducted in VFR conditions, and adds aircraft in congested airspace. By using the small UAS, Steve Fincher Photography aims to provide thepublic with quality aerial photography services at a fraction ofthe cost involved with manned flight without entering or adding congestion to that airspace. Furthermore, the risks inherent with manned flight are significantlyreduced wherethe aircraft conducting the operation is less than five pounds, remains below 200' AGL, and can operatewithin a very confined space on or directly over the location beingphotographed. Thus thepublic will be better served by havingmore affordable aerial imaging options available, and can be done more safely with the UAS thanwith traditional aircraft, boom and lifts.
Whythe Exemptions Would Not Adversely Affect Safety. The proposed operations will not adversely affect safety for many reasons. The operations will be conducted in airspace where there is typically no activity among other users ofthe NAS. Flights are limited to propertyoverwhich the owner has requested thatthe Subject UAS operate, so the owners will be aware ofthe flight operation. We fully recognizes the dangers that a small UAV could pose to all types ofmanned aircraft. The operations we are proposingto undertakepending approval ofthis Exemption Request are operations where manned aircraft will not fly. There would be a rigid separation between where a manned aircraft can fly (particularlydue to FAR 91.119 which establishes minimum safe altitudes, to include an absolute prohibition ofoperating an aircraft within 500' ofany structure) and where we would operate the UA V. Second, the Subject UAS is simply not a large aircraft. Weighing in at a maximum offive pounds fully loaded, the likelihood that it would damage propertyor injure aperson is low, even inthe event ofa mishap. Furthermore, aerial imaging is still something done via manned aircraft, and the risk there is at least equal to the riskposed by the proposed operation. Also, the UAS has inherentlost-linkcapabilities to bring it backto its operatingbase for each mission. It is a redundant system for a more foreseeable problem that could arise.

Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS inthe commercialphotography industry. Thereforewe respectfully request an exepmtion for the use ofthe Iris+ as use ofa remote control cameraplatform at altitudes ofless than 200 feet AGL without the need ofa privatepilot license.

Steve Fincher Steve Fincher Photography Inc.