Date: April 15, 2015

U. S. DepartmentofTransportation Docket Management System 1200 NewJerseyAve., SE washington, DC 

### 2osgo 1-J-

## r**-·~J** .,_

## l

) ••• q L 

### A RE: Petition ofJS Photographyfor Exemption

### Pursu~nt to Section 333 ofthe FAA Reform Act lf· 

## 31
'·' I

Attn: To whom it mayconcern

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, JS Photography, operatorof Small UnmannedAircraft 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 underthe conditions outlined herein or as may be established by the FAAas

______**!~<:!~ired** by**S~c~io~ 333.~** 
As described more fully below, the requested exemption would permitthe 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 Photographyto conduct commercial operations of small unmanned aircraftsystems ("sUAS") meeting or exceeding all of the operational and safety requirements Congress has setforth 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 madefrom present clients for (UAS) photography fortheir safety and compliance issues along with the need for the dynamicsthat (UAS) Imaging can only provide.

- Aerial surveying ofstructures

- Event Photography

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspectionsand monitoring

- Educational purposes.
StatutoryAuthority Section 333, titled "Special Rules for Certain_Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAAauthorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems mayoperate safely in the national airspace system before completion ofthe (comprehensive) plan and rule making required by section 332(b)(1) of this

### ACt

# ortile**guld~irlc:e** required by sectic)n334citlhisAct."-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 FAAapproval 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) 14C.i=.R. 61.113(a) and (b) 

### 1-'4 

### c:F.R. 91-7**(~)** 

### ·' 

### 1'4 C.'F.R; 91.9 (b) (2) 14C.F.R. 91.109 14

### C._F.R. 91 ."119 f4 c:f:.R. 91'.-12**Page~2**


### 14C.F.R. 

### 91.151(a) 

### f4 C.F.R. 

### 91.203 (a) & (b) 

### 14C.F.R. 

### 91.205 (b) 

### 14C.F.R. 

### 91.215 14C.F.R. 

### (91.401

- 91.417)

UnmannedAircraft 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 impactwhich promotes public safety. We are petitioning for exemption to enable JS Photographyto operate OJI Phantom 3 Professional equipped with a three-axis gimbals and using High-Def camera. This sUAV has a

____**built~in_capability_**to limitthe

..height itflies above the ground, to limitthe radius_Qf_**th~ distailc~lL-**  __**----~­** flies from the operator and to exclude itfrom Class B, C and D airspace including a no fly zone feature. The Phantom also hasthe failsafe function ofthe Naza-M autopilot system which

means when the communication betweenthe Main Controller and the transmitter is disconnected, the outputs ofall command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automaticallytrigger Return to Home and will land safely. The above specifications meetwith the ModelAircraft Operating Standards as set below: JS Photography will onlyoperate its sUAS in line ofsightof 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 operationswill insurethatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public." ·Whenflying sUAV within 3 milesof an airport, airport operators will be notified and the operator will givethe right ofwayto avoid flying in the proximityoffull-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 priorto the



### ·20 minute limit.Page 3

• The sUAV will be programmed so that it will not be operated at an altitude of no morethan

400 feetAGL, and not moretha·n 200 feet above an elevated platform from which

• filming is planned.

• Minimum crewfor each operation will.consist ofthe sUAS Pilot, and Visual Observer.

•The sUAS operated bythe petitioner weighs lessthan 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 ofthe 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 diminishthe likelihood of death orserious 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 imageryfor displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 4-seatfull-sized helicopters for this purpose, which has proven more costlythan 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 Photographywould provide (UAV) imageryto local gov. agencies for search and rescue where traditional airships could not safely work.Page4

(b) All operations must occur in FAA Class G airspace at no morethan 400ftAGL, at an airspeed of no morethan 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 byvoice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission ofthe propertyowner and abutters.
(e) All-required-permits will be·obtained from state and local government priorto operation; (f) JS Photography will.not be operate over densely populated areas;
(g) JS Photography will not be operating over anyopen-air assembly of people; (h) JS Photographywill not be operating over heavilytrafficked roads;
(i) JS Photography will not be operating within 5 NM of an airportor heliport having an operational control tower.

Yours truly,

.// /

## ~4.~ /Joseph St. Pierre JS Photography 2 1/2 Beacon Street#125 Concord, NH. 03301 http://www.jSphotography.us 603-731-1385 jsp247@gmail.comPageS

EXEMPTION REQUESTSAND EQUIVALENT LEVEL OF SAFETY

JS Photography requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe sUAV System:**~-14-CF-H** Part2-1,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 UnmannedAerialSystems, we request an experimental certificate be issued for the DJI Phantom 3 professional under either or both ofthe 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, newaircraftoperating techniques, or new usesfor aircraft.
(b) Showing compliance with regulations. Conducting flight tests and otheroperations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will notcarryfuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarilyof carbon fiber and plastic, we propose thatthe UA will be at least as safe, if not safer,**th~m** a conventionally certificated**aircraft~**pefforniingthesame 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. 14CFR 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 displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe 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 bythe FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Controi),.VO (Visual Observer) and others in the vicinity ofthe 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 contrastflag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe 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 mayact as pilot in Commandofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto 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 propertyfor compensation or hire. Our proposed operations require that the PIC ·must hold at least a Private Pilot Certificate issued oythe FAA and since the-aircraftcannot carry passengers or property, we feel we meetthe 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 ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Re·gulation is inappiicable.Page7

14CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation providesthat no person mayoperate an aircraft unless a current, approved flight manual is in the aircraft. We assumethatthe intent of this requirement is to ensure that flight -manual-information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is notonlytoo small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meetthe intentof 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight. 14CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation statesthat "No person mayoperate a civil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while itdoes not offer a second setof "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 thatthis technique meets the intent 91.109 and provides an equivalent level of safety. 91 .119 Minimum safe altitudes: General. The regulation states thatover sparsely populated
areas the aircraft cannot be operated closerthan 500 feetto any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photographyor surveyof persons, vessels, vehicles or structures it would be necessaryto operate closer than 500 feet to the items listed. Operations will only be flown over propertyor 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 unitfails, an emergency landing without undue hazardto persons or property on the surface. Therefore we maintain that dueto the small size ofthe 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 ofthe aircraft. The sUAS will always

# fly below 400 feetAGL and will not need to maintain cruising aititudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above thePageS

takeoff point istransmitted via radio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updatedAGL readout. l4CFR 91.151- Fuel requirements forflight in VFR conditions. The regulation providesthat no person may begin a flight in an airplane under day-vFR conditions unlessthere is enough fuel to fly to the first pointof intended landing and to fly after thatfor at least30 minutes. We feel the intention ofthis paragraph isto provide an energy
reserve as a safety bufferfor delaysto landing. The sUAV is battery operated andthe maximum duration offlightfrom a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will neverfly morethan 3/4 NM from the pointof intended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation providesthat an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) providesthatthe airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legibleto passengers or crew." At a maximum gross weightof 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is notcapable of carrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of 91.20.3, we proposethat documents deemed appropriate forthis aircraft bythe FAAwill be colocated with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we proposethatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the foliowing information plusthe word "EXPERIMENTAL" to satisfythe requirement of 14CFR 45.23. 14CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation providesthat 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 thatthe 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 ofthe aircraft and "be authorized to approve the aircraft for return to service."ThePage 9

PIC will ensure thatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe 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 bythe manufacturerortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe-a:ircraft,·thePIC can ensure an equivalent level of safety. Safety and Benefits ofthe UAS JS Photography will be using the UAS in a variety ofapplicationsthatgenerally require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraft for electric power line inspection, oil/ gas pipeline inspection, advanced agriculture, film and still photography, justto name a few. Replacing significantly larger manned aircraftcarrying crew and flammable fuel with small UAS carrying no passengers orcrew creates a much greater margin ofsafety for the pilots and crew. By granting Toledo Aerial Media LLC 's requested exemptions, the FAA will help drive developmentofsafe 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 datafrom its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grantthis Petition. Conclusion As pointed out in this application, all the SUAs which our company would use, under authorization bythe US DOT-FAA, are small, light-weight devices operated within the line of sight ofthe Pilot-in-Command (PIC), lessthan 

### 400feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, orother location with aviation activities, unless the afrtraffic control authorities (ATC) have been notified and have authorized each flight Within·a radius ofthis distance.

All our SUAs have proven capabilityfor 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 thatthe studies conducted until now bythe 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=orthe 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 isthe 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.