Noseprint Pet Furtography LLC dba Piper Aerial Imaging

Owner: William L Reyna Jr

n2qbr@msn.com

December 1st, 2015

U. S. Department of

Transportation Docket

Management System

1200 New Jersey Ave.,

SE Washington, 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 small Unmanned Aircraft Vehicle (sUAV) 

equipped to conduct commercial aerial videography and photography

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 the

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 operation 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: William L Reyna Jr

Ph: 973-930-5824

Email: n2qbr@msn.com

Address: 48 Dupont Terr

 Wayne, NJ 07470
Regulations 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 sUAV’s size, weight, speed, and operational capability;

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

• Operation of the sUAV 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 the national airspace system,” §333(c) (emphasis added).

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 an electric rotorcraft, model Phantom 3 

Pro, manufactured by DJI North America, weighing less than 3 lbs including payload, 

FAA registration number N338BR.

It operates, under normal conditions at a speed of no more than 35 knots and have the 

capability to hover, and move in the 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 the 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

commercial operations of sUAVs to commence. Also due to the size of the 

sUAV 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 surrounding the proposed operations, the significant public benefit, 

including enhanced safety, reduction in environmental impacts such as noise, along 

with reduced exhaust emissions 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 because the proposed operations are

conducted on closed off property under the permission of the property

owner or property representative.
These limitations and conditions to which Piper Aerial Imaging agrees to be

bound when conducting commercial operations 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 Observer.

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 operation will consist of the sUAV pilot, who 

is a 400 hour private pilot, trained in sUAV operations and a certified sUAV instructor. 

A visual observer 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 least 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 sUAV

operations prior 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 that 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 property 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 perimeter 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, entitled 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 airworthiness certificate without the

restrictions and conditions proposed.

The sUAV to be operated weighs less than 55 lbs, carries neither a 

pilot nor passenger, carries no explosive materials or flammable 

liquid fuels, and operates exclusively within a secured 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 already apply to civil aviation

aircraft, 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 operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft

The regulation requires:

When 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 word “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 40 hours of flight time. 

Unlike a conventional aircraft that carries the pilot and passengers, 

the sUAV is remotely 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 

lists 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 issued 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

instruction 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. 
See 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 needed 

to allow such operations. As set forth herein, the sUAV will not operate 

at higher 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 be 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 level 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 the lack of flammable 

fuel, any risk associated with these operations is far less than those 

presently presented 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

available before departure.” As the sUAV may not have a barometric

altimeter, but instead a GPS altitude read out, an exemption 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 limited to approximately 5 minutes in

length. Given the limitations on the sUAV’s proposed flight area and the

location of its proposed operations 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

Lockheed Martin Corporation to operate without compliance with FAR

91.151 (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 utility for which the exemption would be granted.

Applicant believes that an equivalent level of safety can be achieved

by limiting flights to 25 minutes 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 than 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 these
documents at the ground 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 Nos. 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 prescribed 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 compliance 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 issues 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. Moreover, 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 inspections will be performed in accordance with the

sUAV manufacturer's manual, as referenced in the Aircraft

Operations Manual. As provided in the Operations Manual, the operator will ensure that 

the sUAV is in working order prior to initiating flight 

and perform required maintenance needed.

Additional Views and Information.

The applicant runs a fledgling aerial photography/videography

business 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 provided 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);

91.103(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/photographic 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 people 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 carries no passengers or crew it therefore will 

not expose anyone to the risks associated with manned aircraft flights.
The operator, being a licensed private pilot, professional photographer,

and sUAV instructor will observe the strict conditions outlined above,

and would provide an equivalent, if not superior level of safety supporting 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 – provides adequate justification for the

grant of the requested exemptions allowing commercial operation of

applicant’s sUAV in the video & photographic industries.

Sincerely.

William L Reyna Jr

NosePrint Pet Furtography dba Piper Aerial Imaging

Wayne, NJ 07470