Date: April 15, 2015 

U. S. Department of Transportation Docket Management System 

1200 New Jersey Ave., 

SE washington, DC 2osgo 1-J- r -·~J .,_ l ) ••• q L A 

RE: Petition of JS Photography for Exemption Pursu~nt to Section 333 of the FAA Reform Act 

lf· 31 '·' I 

Attn: To whom it may concern 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, JS Photography, operator of Small Unmanned Aircraft Systems ("sUASs") equipped to 

conduct aerial photography and videography, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

______ !~<:!~ired by S~c~io~ 333.~ 

As described more fully below, the requested exemption would permit the operation of small, unmanned 

and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined and 3) controlled. The proposed exemption, if granted, would allow JS Photography to 

conduct commercial operations of small unmanned aircraft systems ("sUAS") meeting or exceeding all of 

the operational and safety requirements Congress has set forth in Section 333. 

JS Photography is a photography concern which provides photography services to architects, 

construction companies and news services: In the scope of imaging services, requests have _ 

been made from present clients for (UAS) photography for their safety and compliance issues along 

with the need for the dynamics that (UAS) Imaging can only provide. 

- Aerial surveying of structures 

- Event Photography 

- Real Estate Photography 

- Aerial filmmaking and photography 

- Construction site inspections and monitoring 

- Educational purposes. 

Statutory Authority 

Section 333, titled "Special Rules for Certain_Unmanned Aircraft Systems", 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 rule making required by section 332(b)(1) of 

this ACt or tile guld~irlc:e required by sectic)n334 citlhis Act."-ln-Section33""2(5f(f)-;-Corigress maoeiCclear 

that S~ction 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: 

Regu[ations from which the exemption is requested: 14 C.F.R. Part 21 

1'4 c:F.R. 45.23 (b) 

14 C.i=.R. 61.113(a) and (b) 

1-'4 c:F.R. 91-7 (~) ·' 

1'4 C.'F.R; 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C._F.R. 91 ."119 

f4 c:f:.R. 91'.-12 
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14 C.F.R. 91.151 (a) 

f4 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft System 

sUAVs_ are oftentimes seen as superior to helicopters due to the smaller devices cheaper 

equipment and personnel cost, reduced noise and as such, a much smaller environmental 

impact which promotes public safety. 

We are petitioning for exemption to enable JS Photography to operate OJI Phantom 3 

Professional equipped with a three-axis gimbals and using High-Def camera. This sUAV has a 

____ built~in_capability_ to limit the .. height it flies above the ground, to limit the radius_Qf_ th~ distailc~lL- __ ----~­

flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone 

feature. The Phantom also has the failsafe function of the Naza-M autopilot system which 

means when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center position. If 

the GPS signal is good enough, the system will automatically trigger Return to Home and will 

land safely. 

The above specifications meet with the Model Aircraft Operating Standards as set below: 

JS Photography will only operate its sUAS in line of sight of a (PIC)/or observer and will operate 

at sites that are a 'sufficient distance' from populated areas within the sterile area described in 

the FOPM. Such operations will insure that the sUAS will"not create a hazard to users of the 

national airspace system or the public." 

·When flying sUAV within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 20 minutes. 

• Flig~ts will be terminated at 25% battery power reserve should that occur prior to the 20 min 

• Flights will be terminated at 25% batte·ry power reserve should that occur prior to the 

· 20 minute limit. 
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• The sUAV will be programmed so that it will not be operated at an altitude of no more than 

400 feet AGL, and not more tha·n 200 feet above an elevated platform from which 

• filming is planned. 

• Minimum crew for each operation will.consist of the sUAS Pilot, and Visual Observer. 

• The sUAS operated by the petitioner weighs less than 1280 grams, including the 

payload (i.e. camera, lens, and gimbal). 

·The sUAV will operate at speeds of no more than 25 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUAS and ttie restricted sterile environment within which 

they will operate, our sUAS operations adhere to the Reform Act's safety requirements. 

The "sUAV), powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximu~ flight time of only 20 minutes, 

this is offers little or no risk to national security. 

Low level ob.lique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 4-seat full-sized helicopters 

for this purpose, which has proven more costly than many potential clients have been able to 

afford. The benefits of reduced cost and improved quality of presentation from the sUAV will be 

valuable to and benefit many buyers and sellers of real property. Safety and compliance issues 

in the construction of buildings would now be verified in real time with the Phantoms (sUAVS's) 

real time video and still capabilities. 

Also, ·as a public service JS Photography would provide (UAV) imagery to local gov. agencies 

for search and rescue where traditional airships could not safely work. 
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(b) All operations must occur in FAA Class G airspace at no more than 400ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner and abutters. 

(e) All-required-permits will be·obtained from state and local government prior to operation; 

(f) JS Photography will.not be operate over densely populated areas; 

(g) JS Photography will not be operating over any open-air assembly of people; 

(h) JS Photography will not be operating over heavily trafficked roads; 

(i) JS Photography will not be operating within 5 NM of an airport or heliport having an 

operational control tower. 

Yours truly, . // / 

/Joseph 

~4.~ St. Pierre 

JS Photography 

2 1/2 Beacon Street #125 

Concord, NH. 03301 

http ://www.jSphotography. us 

603-731-1385 

jsp247@gmail.com 
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

JS Photography requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System: 

~-14-CF-H Part 2-1,Airworthiness-Certificates 

This part establishes the procedures for the issuanc~ of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 3 professional under either or 

both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. Since 

the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's light weight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, th~m a 

conventionally certificated aircraft~ pefforniing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 

14 CFR Part 21, Subpart H, 
Page6 

and the requirement for an airworthiness certificate in general, citing the equivalent level of 

safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

~-. -number in letters.at least 3 inches-high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC (Pilot In Controi),.VO (Visual Observer) 

and others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. Additionally, we feel that the permanent placard discussed in the previous 

paragraph will provide the aircraft's registration information at the ground station. Finally, we will 

display at the ground station a high contrast flag or banner that contains the words "Unmanned 

Aircraft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft 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. Our proposed operations require that the PIC 

·must hold at least a Private Pilot Certificate issued oy the FAA and since the-aircraft cannot 

carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even· 

though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Re·gulation is 

inappiicable. 
Page7 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

-manual-information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The 

regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

91 .119 Minimum safe altitudes: General. The regulation states that over sparsely populated 

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical mission of the sUAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned has been performed. The aircraft will be operated at a low 

altituqe allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard 

to persons·, vehicles an·d structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption. 

CFR 91.1 ~1 Altimeter settings. The regulation requires that aircraft,shall maintain cruising 

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS 

will always fly below 400 feet AGL and will not need to maintain cruising aititudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 
PageS 

takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

l4 CFR 91.151- Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the 

aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.20.3, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the foliowing 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 req·uire that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspe·ction of the aircraft and "be authorized to approve the aircraft for return to service." The 
Page 9 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the-a:ircraft,·the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

JS Photography 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 

myriad 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. 

By granting Toledo Aerial Media LLC '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. Toledo Aerial Media LLC 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 

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the afr traffic control authorities (ATC) have been notified and have authorized each flight 

Within ·a radius of this distance. 

All our SUAs have proven capability for controlled flight. They are devices offered for general 

sale o.n the marKet around the world and have often been used· as Model Aircraft in the USA. 

We are certain that the studies conducted until now by the FAA, abput Section 332, Public Law 

112-95, 2014, have already provided you with the assurances on the airworthiness of SUAs 

such· as ours. 

i=or the foregbing reasons, the exemptions requested herein should be granted and Toledo· 

Aeriai MedJa LLC should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating p·arameters deemed necessary and appropriate by the FAA. 

The sbbmi~sion·· of this application and its contents is the best demonstration that indeed it is 

possible to pursue the ~uttioi"ization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions.