Marc Turner

Pro Image Aerial, LLC

9 Sycamore Dr.

Wallkill, NY 12589

845-527-2161

marc@proimageaerial.com

May 3, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam:

Attached please find Pro Image Aerial, LLC requisition for an exemption from the Federal

Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems

(“UASs”) for a multitude of industries described within, which will promote greater safety

when compared to conventional methods used to date.

Thank you for your consideration, and please let me know if you have any questions.

Sincerely,

Marc Turner

Member, Pro Image Aerial, LLC
Pro Image Aerial, LLC May 3, 2015

Section 333 Petition to Operate Small

Unmanned Aerial Systems

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Petition Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95

(2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general

exemption authority under 49 U.S.C. section 44701(f), Pro Image Aerial, LLC (“Petitioner”)

hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates),

14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections

61.113(a)-(b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2),

and 91.417(a)- (b).

The requested exemption, if granted, would allow Petitioner to conduct commercial operations

of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and

safety requirements Congress has set forth in Section 333.

Pro Image Aerial, LLC is an aviation technology company that plans to utilize the capabilities

of Unmanned Aerial Systems to offer a multitude of services, including:

o Aerial surveying

o Remote sensing

o Telecommunications

o Agriculture

o Aerial real estate photography

o Energy systems inspections and asset management

o Construction site inspections and monitoring

o Wildlife and forestry monitoring

o Educational and research operations

o Pipeline inspection and patrolling

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, and provides a

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS.

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the (comprehensive) plan

and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334

of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a

mechanism for “expedited operation authorization” if several factors are met. Petitioner meets

all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief from the Following:

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an

aircraft that is carrying passengers or property for compensation or hire; nor may that person,

for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft
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Section 333 Petition to Operate Small

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in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning

a flight, become familiar with all available information concerning that flight, to include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed,

and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual

containing takeoff and landing distance data is required, the takeoff and landing distance data

contained therein;

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other

reliable information appropriate to the aircraft, relating to aircraft performance under expected

values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement,

or over any open air assembly of persons, an altitude of 1,000 feet above the highest

obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. 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.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation

is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in

paragraph (b) or (c) of this section, provided each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the FAA;

and

(2) A powered parachute or weight-shift-control aircraft may be operated at less

than the minimums prescribed in paragraph (c) of this section.
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Unmanned Aerial Systems

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Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR

conditions unless (considering wind 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.

[emphasis added]

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that

aircraft inspected as prescribed in subpart E of the same part and shall, between required

inspections, except as provided in paragraph (c) of the same section, have discrepancies

repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been

approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had an inspection for the issuance of an

airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100-hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each engine,

propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.
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Unmanned Aerial Systems

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(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required by the inspection program under which the aircraft and its

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety directive

number and revision date. If the AD or safety directive involves recurring action, the

time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers, and

appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this

chapter shall be retained until the defects are repaired and the aircraft is approved

for return to service.

The Petitioner has Supplied the Following Additional Information:

3DRobotics Iris+ Operation Manual

3DRobotics Iris+ Flight Checklist.

FAA Aircraft Registration Confirmation for Iris+

Unmanned Aircraft System

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less

than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the User Manual. The craft is the Iris+ four-rotor
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Unmanned Aerial Systems

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manufactured by 3DRobotics. The VTOL quadrotor-type design has four motors, GPS, full

autonomous autopilot capabilities, telemetry and manual ground control.

In addition, the craft has integrated safety features built into the design of the UAS, as described

in the Operation Manual, to ensure the safety of persons and property within and surrounding

the limited operating area. The petitioner further describes that, in the event the UAS loses

communications or its GPS signal, the UAS will have the capability to return to a pre-determined

location within the Security Perimeter and land. It will also have the capability to abort a flight in

the event of unpredicted obstacles or emergencies.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part

47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart

C. Markings will be as large as practicable. Aircraft registration confirmation is supplied as part

of this petition.

Pre-flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff checks as defined by the

Operation Manual supplied. After each 60 minutes of airtime, the craft will undergo a thorough

inspection of all aircraft components, including, but not limited to:

a. Actuators / Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station

Operating Parameters

The petitioner states that all flights will be operated with a two person crew (pilot and

spotter/observer) within visual line of sight (VLOS) of pilot. All flights will occur during

daytime, using VFR flight conditions and all operations will be conducted by the pilot with the

assistance of a second spotter/observer. The UAS flights will be limited to a maximum altitude

of 400 feet AGL. Altitude is accurately measured by GPS. The petitioner further states that an

operator will ensure that only consenting production personnel will be allowed within 100 feet

of the UA operation, and UAS will be kept at least 100’ from any inhabited structure. Generally

the petitioner’s UAS will be operated in rural or suburban areas that will permit significantly

larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to

describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic

Organization (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting

any operations under this grant of exemption. In fulfilling its requirements under the COA,
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Unmanned Aerial Systems

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Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less

than 48 hours prior to the operation.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute activities,

parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5

nautical miles of the geographic center of a non-towered airport unless a letter of agreement

with that airport’s management is obtained and the operation is conducted in accordance with a

Notice to Airmen (“NOTAM”).

In addition the follow safety measures shall be strictly adhered to:

o Flights will not be flown at an indicated air speed exceeding 50 mph (43.3 knots).

o The Pilot in Command (PIC) will follow the operations and maintenance procedures

outlined in the UAS operation manual

o Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe

flight as outlined in the UAS operations manual.

o Pro Aerial, LLC will not permit any PIC to operate unless that PIC has demonstrated

through Pro Aerials, LLC’s training requirement that the PIC is able to safely operate the

UAS in a manner consistent with how the UAS will be operated as outlined in the UAS

operation manual, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

o The PIC will abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the UAS operations manual.

o The PIC is prohibited from beginning a UAS flight unless (considering wind and

forecasted weather conditions and assuming normal cruising speed) there is enough

power to fly to the first point of intended landing prior to utilizing battery reserve power.

o The UAS will remain clear and yield the right of way to all other manned aviation

operations and activities at all times.

o The UAS will not be operated by the PIC from any moving device or vehicle.

o All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained prior to the

beginning of every flight.

o Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported to

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov.

Pilot in Command (PIC)

The pilot in command will be Pro Image Aerial, LLC Member Marc Turner or employees of Pro

Image Aerial, LLC, holding the minimum of a sport, recreational or private pilot certificate. Mr.

Turner received his airman’s private certificate in 2001.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with

the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, the

PIC will take all actions including reviewing weather, flight battery requirements, aircraft

performance data, and landing and takeoff distances before initiation of a flight. The PIC will
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Section 333 Petition to Operate Small

Unmanned Aerial Systems

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also account for all relevant site-specific conditions in their preflight procedures. Risks

presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and

initiate a return-to-home sequence if needed.

Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle

control in unlicensed frequency bands. All devices used will comply with FCC usage and

emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require expensive

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer a multitude of

benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas

pipeline inspection, advanced agriculture, film and still photography, just to name a few.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

In addition the use of UAS reduce the environmental impact by dramatically decreasing the

energy used for aerial imaging and data collection. Our UAS use rechargeable batteries, as

opposed to fossil fuels burned in the operations of small aircrafts.

By granting Petitioner’s requested exemptions, the FAA will help drive development of safe and

successful commercial UAS operations and will advance the public knowledge base for such

operations. Petitioner is committed to promoting the UAS research efforts of policymakers

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS

operations and serving as a resource for future UAS research operations. Thus, the FAA has

good cause to grant this Petition.

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and Petitioner

should be permitted to conduct small UAS operations in accordance with its manuals and all

other operating parameters deemed necessary and appropriate by the FAA.