July 28

, 2015

Exemption No. 12189 Regulatory Docket No. FAA

– 20 15

– 1768

Mr. Dan Crowell

President Soundview Aerial Photography

14105 Burn Road Arlington, WA 98223

Dear Mr. Crowell :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, an d gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 12, 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Soundview Aerial Photography, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial surveying, remote sensing, agricultural support, photography, filmmaking, inspections

, monitoring, and educational and research operations

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

The petitioner reque sted relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria2

provided in Section 333 of P ublic 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, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the r equested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Soundview Aerial Photography, Inc. i s granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform

aerial data collection. This exemption is subject to the conditions and limitations listed

below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Soundview Aerial Photography, Inc. is hereafter referred to as

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exempt ion are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PI C always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditi ons and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating

docum ents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The

operator must a lso present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator mus t petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC wi th a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to en sure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, i noperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condi tion for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufa cturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s l icense issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers a nd maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VO s (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appro priate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the air port symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport managem ent must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PI C.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve

power recommen ded by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intend s to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Num ber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be ava ilable to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certific ate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available t o the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes

essenti al to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures

# SOUNDVIEW

AERIAL PHOTOGRAPHY, INC.

Commercial...Industrial...Real Estate...Advertising Vertical...Oblique...Custom Color...Black and White

May 12, 2015

U. S. Department of Transportation , Docket Operations West Building Ground Floor Room W12

- 140 1200 New Jersey Ave. S E Washington, DC 20590

RE: Petition of Soundview Aerial Photography, Inc. for Exemption Pursuant to

Section 333 of the FAA Reform Act

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, Soundview Aerial Photography, Inc. , operator of Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and videography, hereby applies for an exemption fro m 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 required by Section 333.1

Soundview Aerial Photography, Inc. has been providing quality aerial photography services in the Washington state Puget Sound area continuously for over 27 years since it was formed in 1987. The main portion of our work is supplying the construction indust ry with documentation of their projects. We have been involved in many high profile projects over the years. Danny P. Crowell is a FAA licensed commercial pilot with a current FAA medical certificate and has current aircraft and commercial personal liabili ty policies for the company and pilot. We use a FAA registered N26RH Cessna Skywagon

185 aircraft.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled condit ions in airspace that is 1. L imited ; 2. P redetermined ; and 3. controlled. The proposed exemption, if granted, would allow Soundview Aerial Photography, Inc. to conduct commercialoperations of small, unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333.

Soundview Aerial Photography, Inc. is a media/technology company that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, incl uding:

- Aerial surveying

- Remote sensing

- Agricultural support

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

Statut ory 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 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:

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a)

14 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.

I am petitioning for exemption to enable Soundview Aerial Photography, Inc. to o perate a

DJI Inspire 1 equipped with a three

- axis gimbals and using High

- Def cameras. This

sUAV has a built

- in capability to limit the height it flies above the ground, to limit the

radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a n o

- fly zone feature. The Inspire 1 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

c ontroller 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:

• Soundview Aerial Photography, Inc. will only operate its sUAS in line of sight of a pilot and/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 5 miles of an airport, airport operators will be notified and

the operator will give the right of way to avoid flying in the proximity o f full

- scale

aircraft.

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

• F lights will be terminated at 25% battery power reserve should that occur prior to the

20 minute limit.

• T he sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which

f ilming 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 55 pounds, including the payload (i.e. camera, lens, and gimbal).• The sUAV will operate at speeds of no more than 50 knots, can hover, and can

s imultaneously move vertically and horizontally.

• Given the small size of t he sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger

a ircraft 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 maximum flight time of o nly 20 minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with

several b uildings and large trees. The applicants in the past have chartered 2

- 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

pres entation from the UA will be valuable to and benefit many buyers and sellers of real

property.

Additionally, I request that I be allowed to use my system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as I do so.

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL,

at an airspeed of no more than 25 knots and no further than 1/8th 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 wi ll be restricted to flights over private property with the permission

of the property owner;

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

o peration;

(f) Soundview Aerial Photography, Inc. will not be o perating over densely populated

areas;

(g) Soundview Aerial Photography, Inc. will not be operating over any open

- air assembly of people;

(h) Soundview Aerial Photography, Inc. will not be operating over heavily tracked roads;(i) Soundview Aerial Photography, Inc. will not be operating within 5 NM of an airport or heliport without prior permission.

I respectfully request exemption under Section 333 to enable So undview Aerial Photography, Inc. to operate efficient, limited, low

- risk commerc ial sUAV operations for

the activities stated respecting at all times the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely

,

Dan Crowell , President Soundview Aerial Photography

14105 Burn Rd. Arlington, WA 98223 (360) 691

- 4419 (office) (425)478

- 2424 (cell)

dan@soundviewaerial.com

www.soundviewaerial.comEXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Soundview Aerial Photography, Inc. requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation of the sUAS :

14 CFR Part 21, Airworthiness Certificates

. This part establishes the procedures for

the issuance of an airworthiness certificate. While the FAA continues to work to develop

airworthiness standards for Unmanned Aerial Systems, I request an experimental certificate be issued for the DJI Inspire 1 under either or both of the following p rovisions:

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 ty pe 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, I would expect that an experiment al certificate would permit my commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational r equirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experime ntal airworthiness certificate is not appropriate for this a pplication, then I request an exemption of 14 CFR Part 21, Subpart
H, and the requirement for an airworthiness certificate in general, citing the equivalent

level of safety outlined in the previou s 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,

coc kpit, or pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numb er assigned to it by the FAA. I 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 Control), VO (Visual Observer) and others in the vicinity of the aircraft

w hile it is preparing for launch will be able to see the designat ion. Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft'sregistration information at the ground station. Finally, I 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 th at 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

incide ntal to that business or employment; and (2) The aircraft does not carry passengers

or proper ty for compensation or hire. My proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft ca nnot carry passengers or property, I feel I 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 suc h certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements . This regulation provides that no person may operate an aircraft unless a c urrent, approved flight manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew w hile operating the aircraft. I 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, I 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 pe rson 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, I 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 typic al 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. Theaircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons o r proper ty on the surface. Therefore I maintain

that due to the smal l size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings . The regulation requires that aircraft shall maintain cruising al titudes 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 altitudes in order to prevent conflict with other aircraft. An Above Ground Level

altim eter measurement above the 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.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

. The regulati on provides that no person may begin a flight in an airplane under day

- V FR 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. I feel the intention of this paragraph is to prov ide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the

maximum duration of flight from a single battery charge is 18 minutes with a 20%

reserve. Since the aircraft will never fly more than 1/8 NM from the point of intended landing, a full battery charge at launch will ensure that I meet the reserve energy

r equirement of this paragraph. I 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) provide s 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 c apable of carrying passengers or crew. To obtain an equivalent level of safety

and meet the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and

availa ble for inspection upon request. In ord er to identify the aircraft, I propose that the

information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word

"E XPERIMENTAL" 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 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maint enance and inspection. It is my intention that the PIC perform main tenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that theaircraft 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 manu facturer or their designated repair facility. The PIC will document

work perform ed in accordance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

. Soundview Aerial Photography, Inc. 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 Soundview Aerial Photography, Inc. ‘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. Soundview Aerial Photography, Inc. 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 app lication, all the SUAs which my company would use, under authorization by the US DOT

- FAA, are small, lig ht

- 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 air traf fic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.

My sUAV has proven capability for controlled fl ight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft

in the USA. I am certain that the studies conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assu rances on the

airworthiness of s UA V s such as mine

.

For the fo regoing reasons, the exemptions requested herein should be granted and Soundview Aerial Photography, Inc. should b e permitted to conduct small UAV operations in a ccordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and its

contents is the best demonstration that indeed it is possible to pursue the auth orization process so that some s UA V s may be used for legitimate commercial activities and under reasonably safe conditio ns

.