Noseprint Pet Furtography LLC dba Piper Aerial Imaging

Owner: W illiam L Reyna Jr n2qbr@msn.com December 1 st , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2 );91.417 (a) & (b).

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C .F.R. Part 11, NosePrint Pet Furtography

, dba Piper Aerial Imaging, operator of a s mall Unmanned Aircraft Vehicle (sUAV ) equipped to conduct commercial aerial v ide ography and p hotography hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAV , so long as such operations are conducted within and under t he conditions outlined herein or as may be established by the FAA as required by Section 333. As described more fully below, the requested exemption would permit the o peration of a small, unmanned sUAV under controlled conditions in the NAS that is limited

, predetermined and controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: NosePrint Pet Furtography LLC dba Piper Aerial Imaging Owner: W illiam L Reyna Jr Ph: 973

- 930

- 5824 Email: n2qbr@msn.com Address: 48 Dupon t Terr

Wayn e, NJ 07470Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The s UAV ’s size, weight, speed, and operational capability;

• Operation of the s UAV in close proximity to airports and populated areas;

• Operation of the s UAV within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in th e national airspace system,” §333(c) (emphasis add ed). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUAVs, from the requirement that all civil aircraft must have a current airworthiness certificate.The Administrator may grant an exemption from a requirement of

a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

The sUAV that Piper Aerial Imaging utilizes is a n electric rotorcraf t, m odel Phantom 3 Pro, manufactured by DJI North America, weighing less than 3 lbs includin g payload, FAA registration number N338BR. It operate s , under normal conditions at a speed of no more than 35 knots and have the capability to hover, and move in t he vertical and horizontal plane simultaneously. It will operate only in line of sight and will operate only within a predetermined area under the permission of the property representative. Such operations will insure that the sUAV will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b). Given the small size of th e sUAV involved and the restricted sterile environment within which they will operate at times, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow

comm ercial operations of s UAVs to commence . Also due to the size of the

s UAV and the restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surroundin g the proposed operations, the significant public benefit, including enhanced safety, reduction in environmental impacts such as noise, along with reduced exhaust emissi ons associated with allowing UAVs for commercial videographic & photographic operations , the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption

.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure becau se the proposed operations are conducted on closed off property under the permission of the property owner or property representative.These limitations and condi tions to which Piper Aerial Imaging agrees to be

bound when conducting commercial operati ons under an FAA issued exemption include:

1. The sUAV will weigh less than 55 lbs.

2. Flights will be operated within line of sight of the PIC and/or Visual O bserver.

3. Maximum total flight time for each operational flight will be less than 25 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the theoretical 25 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL during recreational flights and not more than 200 feet AGL during commercial flights during professional photographic & videographic sessions.

5. Minimum crew for each op eration will consist of the sUAV p ilot, who is a 400 hour private pilot , trained in sUAV operations and a certified sUAV instructor. A visual o bserver if deemed necessary will be utilized.

6. The sUAV operator will be the Pilot in Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they are a licensed pilot, and have had official training along with a reasonable amount of experience demonstrating safe operating skills and judgement with the sUAV

. 7. Flights will be operated at a lateral distance of at lea st 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

8. A briefing will be conducted in regard to the planned sU AV operations prio r to the production activities. It will be mandatory that all personnel involved with the operational Duties of the flight within the boundaries of the safety perimeter be present for this briefing.

9 . The operator will obtain the consent of all persons involved in the mission and ensure t hat only consenting persons be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination.10 . Pilot and observer will have been trained in general operation of the sUAV

and received up

-to

-date information on the particular sUAV to be operated.

13. Observer and pilot will at all times be able to communicate by voice.

14. Written and / or oral permission from the relevant prop erty holders or property representatives will be obtained.

16 . If the sUAV loses communications or loses its GPS signal for 3 seconds

, the sUAV will initiate a return to a pre

-determined home point location within the safety p erimeter and land autonomously.

17. The PIC of the sUAV will have the capability and authority to abort a flight in case of un

- predicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, ent itled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAV . In all cases, an analysis of these criteria demonstrates that the sUAV operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airwo rthiness certificate without the restrictions and conditions proposed. T he sUAV to be operated weighs less than 55 lbs, carries neither a pilot nor passenger, ca rries no explosive materials or flammable liquid fuels, and operates exclusively within a sec ured area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements,These safety enhancements, which a lready apply to civil av iation

a ircraft, provide a greater degree of safety to the public and to property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAV , due to its size, speed of operation, location of operati on, lack of explosive materials or flammable liquid fuels, and inability to carry a substan tial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited, " "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the sUAV will have no airworthiness certificate, an exemption may be needed as the sUAV will have no entrance to the cabin, cockpit or pilot station on which the wo rd “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV

marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738 , 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAV will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 4 0 hours of flight time

. Unlike a conventional aircraft that carries th e pilot and passengers, the sUAV is remote ly controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance.14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted,

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check l ists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAV , given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAV will have immediate access to it. The FAA has is sued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight

. 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructio n unless that aircraft has fully functioning dual controls. sUAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.Se e Exemption Nos.5778K & 9862A.

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAV that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from where video/photography is planned, an exemption may be neede d to allow such operatio ns. As set forth herein, the sUAV will not operate at hig her than 400 AGL with the exception that in circumstances where the sUAV is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAV will not b e operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

-obtained consent. The equivalent l evel of safety will be achieved given the size, weight, speed of the sUAV as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the video/photographic mission , all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs proposed herein and th e lack of flammable fuel, any risk associated with these operations is far less than those presently p resented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the sUAV will

ensure separation between these sUAV operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings This regulation requires 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 availabl e before departure.” As the sUAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemp tion may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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.” The battery powering the sUAV provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAV flights would be limite d to approximately 5 minutes in length. Given the limitations on the sUAV ’s proposed flight area and the location of its proposed operation s within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockhe ed Martin Corporation to operate without compliance with FAR 9 1.151 (a)). Operating the sUAV, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAV . Additionally, limiting sUAV flights to 5 minutes would greatly reduce the uti lity for which the exemption would be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 25 min utes or 25 % of battery power

— whichever happens first. This restriction would be more than adequate to return the sUAV to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more th an 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAV. An equivalent level of safety will be achieved by keeping thesedocuments at the gro und control point where the pilot flying the sUAV

will have immediate access to them, to the extent they are applicable to the sUAV . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption N os. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescrib ed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in complia nce with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issue s arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Mo reover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspect ions will be performed in accordance with the sUAV manufacturer's m anual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the sUAV is in wo rking order prior to initiating flight and perform required maintenance needed.

Additional Views and Information.

The applicant runs a fledgling aerial photography/videography b usiness in Northern NJ where aerial imaging is in high demand. There are videography and photography companies that would like to utilize the aerial perspective for their clients who would not be eligible for the 333 exemption because they do not hold a pilot’s license as I do.I feel Piper Aerial Imaging would be a useful example to not only other

imaging professionals , but also an example to the public as to how a safe, educated and professional sUAV operator should conduct their aerial operations.

Pursuant to 14 C.F.R. Part 11, the following summary is p rovided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. 21, subpart H ; 14 C.F.R 45.23(b); 14 C.F.R. 61.113( a) & (b); 91.7(a); 91.9 (b) (2); 91.10 3(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in commercial videographic/p hotographic operations.

Approval of exemptions allowing commercial operations of sUAVs will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to pe ople and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters.) Such aircraft must also fly to and from the mission location.

In contrast, a sUAV weighing fewer than 55 lbs and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAV is carried, by hand, to the onsite location. Since the sUAV ca rries no passengers or crew it therefore will not expose anyone to t he risks associated with manned aircraft flights.The operator, being a licensed private pilot , professional photographer,

and sUAV instructor will observe the strict conditions outli ned above, and would provide an equivalent , if not superior level of safety support ing the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, in a sterile environment and as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

. All flights will occur in accordance with any state laws, local laws and the employment of

common sense regarding privacy.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide s adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAV in the video & photographic indust ries

.

Sincerely.

Wi lliam L Reyna Jr NosePrint Pet Furtography dba Piper Aerial Imaging Wayne, NJ 07470