11/102015

U.S. Department of Transportation Docket Management System 1200 

New Jersey Ave, SE 

SRQ360 INC

Robert Dennison

115 S Houle Ave

Sarasota, FL 34232

FAA Rulemaking Section 333Of theFAA Reform Act 

and Part 11 

Washington, DC 20590 Attention: FAAAdministrator 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations form 14 CFR Part 21; 14 CFR 

45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) 

(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 

14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 

14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 

(a) (2); 14 CFR 417 (a) & (b) 

Dear Administrator, 

Pursuant to the Section 333 of the FAA Modernization and Reform Act 

of 2012 (The Reform Act) and 14 CFR Part 11, Terry Camnitz (LAI.) is 

the operator of Small Unmanned Aircraft Systems (sUAS) equipped to 

conduct aerial photography and cinematography services hereby applies 

for an exemption from the listed Federal Aviation Regulations (FARs) to 

allow commercial operations of its sUAS 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 in more detail below, the requested exemption would 

permit the operation of small, unmanned and relatively inexpensive 

sUAS under controlled conditions in the NAS that is both limited 

and predetermined. 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 operations of such aircraft systems in the national 

airspace system.” Section 333 (c) of the Reform Act. 

Regulations from which the exemption is requested: 

14 CFR Part21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 

91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 

91.119 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203 (a) & (b) 14 

CFR 91.215 (a) & (b) 14 CFR 91.131(d) 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 

rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine 

which types of sUASs 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 sUAS’s size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and 

populated areas 

• Operation of the sUAS within visual line of sight (VLOS) of the 
Pilot/”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.” Id. §333(c). 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 sUASs, from the requirement that all 

civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from the 

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 §44744(a); 49 USC §44704l 14 

CFR §91.203 (a) (1). Low Altitude Imaging Inc. UASs are 

rotorcraft weighting 55 or fewer lbs. including payload. They 

operate under normal conditions at a speed of no more that 50 

kts and have the capability to hover, and move in the vertical 

and horizontal plan simultaneously. They will operate only in 

line of sight of the Pilot/”Operator” and will operate with the 

permission of the property owner or a representative. Such 

operations will insure that the sUAS will “not create a hazard to 

users of the national airspace system or the public” as per the 

Reform Act Section 333 (b). Applicant submits the attached 

(LAI), Safety Policy and (LAI). Operations Checklist as 

confidential documents under 14 CFR 11.35 (b) as these 

documents contain proprietary information that the applicant 

has not and will not share with others. The safety policy 

contains operating conditions and procedures that are not 

available to the public and are protected from release under the 

Freedom of Information Act 5 USC 552 et.seq. Given the small 
size of the sUASs involved and the limited environment within 

which that will operate, 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 sUASs to commence immediately. Also due to the 

size of the sUASs and the limited areas in which the relevant 

sUASs 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, and the significant public benefit, 

including enhanced safety with allowing sUASs for commercial 

aerial videography and photography operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the 

applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to 

civil aircraft that have the characteristics and they operate with the 

limitations listed herein. These limitations provide for at least and 

equivalent or even higher level of safety of 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. 

Theselimitationsandconditionstowhich(LAI) 

agreestobeboundwhenconductingcommercial operations under an 

FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within visual line of sight (VLOS) of a 

Pilot/”Operator” and/or observer. 
3. Maximum total flight time for each operational flight will be 

30 minutes. Flights will be terminated at 20% battery power 

reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 500 feet 

AGL or, when photographing a structure taller than 500 feet, 

the sUAS will not be operated more than 100’ above the 

highest point on thestructure. 

5. Minimum crew for each operation will consist of the sUAS 

Pilot/”Operator”, and the Visual Observer. 

6. sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the 

Pilot/”Operator” deems another “Pilot/”Operator” “ to be 

qualified with the necessary skills to be the “Pilot/”Operator”, 

that person can also be designated as “Pilot/”Operator” “ 

provided they have a minimum of 40 hours of flight time with 

the sUAS. 

7. Flights will be operated at a lateral distance of at lest 50 feet 

from any inhabited structures, buildings, vehicles, vessels, or 

people not associated with the operation. 

8. A briefing will be conducted in regard to the planned sUAS 

operations prior to each flight activity. It will be mandatory that all 

personnel involved with the operational duties of the flight be 

present for this briefing. 

9. Pilot/”Operator” and observer will have been trained in operation 

of sUAS generally and received up- to-date information on the 

particular sUAS to be operated. 
10. The “Pilot/”Operator” “ will have at least a class 3 medical 

certificate. 11. Observer and Pilot/”Operator” will at all times be able 

to communicate by voice, radio, and/or 

text. 12. Written and/or oral permission from the relevant property 

holders or property representatives 

will be obtained. 13. If the sUAS loses communications or loses its 

GPS signal, the sUAS will have the capability to 

return to a pre-determined location and land autonomously. 14. The 

sUAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or 

emergencies. 

14 CFR §91.109: Flight Instruction 

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. sUAS and remotely piloted aircraft, by their 

design do not have fully functional dual. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via 

radio communication. The FAA has approved exemptions for flight 

training without full 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 is provided by the fact 

the neither a pilot nor passengers will be carried in the aircraft and by 

the size and speed of the aircraft. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil 

aircraft. Section 91.119 (d) allows that helicopter may be operated at 

less than the minimums prescribed in paragraph (b) or (c) of this 
section, provided each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the 

FAA. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 500 feet 

AGL, an exemption may be needed to allow such operations. As set 

forth herein, the sUAS will never operate higher that 500 AGL with 

the exception that in circumstances where the sUAS is used to 

survey or photograph a structure whose height exceeds 500 feet 

AGL, the sUAS will not be operated more than 100 feet above the 

highest point on the structure. 

The equivalent level of safety will be achieved given the size, weight, 

speed of the sUAS as well as the location where it is operated. No 

flight will be taken without the permission of the property owner. 

Because of the advance notice to the property owner and other 

participants in the activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft 

or rotorcraft weighing far more than the maximum 55 lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional 

a i r c r a f t o p e r a t i n g a t o r b e l o w 5 0 0 f e e t A G L . I n a d d i 

t i o n , t h e l o w - a l t i t u d e o p e r a t i o n s o f t h e s U A S w i l l

ensure separation between the sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 CFR §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 sUAS may not have a barometric 

altimeter, but instead a GPS altitude readout, and exemption may be 

needed. An equivalent level of safety will be achieved by the 
Pilot/”Operator”, pursuant to the safety checklist and live flight data 

monitoring, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight. 

14 CFR §91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

Sections 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 sUAS provides less than 30 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, sUAS flights would be limited to approximately 10 

minutes in length. Given the limitations of the sUAS’s proposed 

flight area and the location of its proposed operations within a 

predetermined area, a longer timeframe for flight in daylight or 

twilight CFR 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 sUAS, in a limited area where only 

people and property owners or representative with less than 30 

minutes of reserve fuel, does not engender the type of risk that 

Section 91.151 (a) was intended to alleviate given the size and speed 

of the sUAS. Additionally, limiting the sUAS flight to 10 minutes 

would greatly reduce the utility for which the exemption will be 

granted. 
Applicant believes that an equivalent level of safety can be achieved 

by limiting flights to 30 minutes or 20% of battery power –

whichever happens first. This restriction would be more than

adequate to return the sUAS 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 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration The regulation provides in the pertinent part: 

(a) Except a 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 sUAS fully loaded weighs less that 55 lbs. and is operated without 

an onboard pilot. As such, there is no ability to place to carry 

certification and registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the Pilot/”Operator” 

flying the sUAS will have immediate access to the documents to the 

extent they are applicable to the sUAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 

9797A, and 10700. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); A TC transponder 

and altitude reporting equipment and use 

The pertinent section of 91.215 (a) & (b) requires the “(a) All 
airspace: U.S.-registered civil aircraft. For operations not conducted 

under part 121 or 135 of this chapter, ATC transponder equipment 

installed. . . (b) All airspace. Unless otherwise authorized or directed by 

ATC, no person may operate an aircraft in the airspace described in 

paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is 

equipped with an operable coded radar beacon transponder”. . . 

This requirementapplies (1) All aircraft. In Class A, Class B, and 

Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport 

listed in appendix D, section 1 of this part from the surface upward to 

10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B 

Airspace 

(d) other equipment requirements. 

“No person may operate an aircraft in a Class B airspace area unless 

the aircraft is equipped with 

(1) The applicable operating transponder and automatic altitude 

reporting equipment specified in §91.215 (a) . . . and 

( 2 ) A f t e r J a n u a r y 1 , 2 0 2 0 , t h e a p p l i c a b l e A u t o m a 

t i c D e p e n d e n t S u r v e i l l a n c e - -B r o a d c a s t O u t e q u i 

p m e n t specified in §91.225.” 

Because of the small size and limited lifting capacity of the sUAS, the 

sUAS cannot be fitted with and operate a transponder and automatic 

altitude reporting equipment specified in paragraph of 91.215 (a) and (b) 

and 91.131 (d). An exemption from these requirements is requested. The 

equivalent level of safety can be assured using the procedures defined 

for each class of airspace. 
Within the surface areas of Class “B”, Class “C”, Class “D” 

airspace 

Within the lateral boundaries of the airspace, the Pilot/”Operator” “ 

will establish 2 way communications with the ATC facility having 

jurisdiction for that area. The Pilot/”Operator” will provide the 

location (heading and distance) relative to the center of the airspace 

and request clearance to “Maneuver” above that location at or below 

400 feet AGL. The Pilot/”Operator” will be responsible for “see and 

avoid” traffic conflicts. The Pilot/”Operator” will at all times yield right 

of way to ANY and ALL manned flight operations. All operations 

within 2 miles of the primary airport will be pre-arranged with that 

controlling facility. Any and all restrictions placed on the operations 

will be complied with so that all manned operations can be conducted 

without negatively impacting flight safety. 

14 CFR §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 sections 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 Pilot/”Operator” 

pursuant to the flight manual and operating and handbook. An 

equivalent level of safety will be achieved because these small sUASs 

are very limited in size and will carry small payload and operate only 

in limited areas for short periods of time. If mechanical issues arise 
the sUAS and land immediately and will be operating from no higher 

than 500 feet AGL. The Pilot/”Operator” will ensure that the sUAS is 

in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, 

the Pilot/”Operator” is the person most familiar with the aircraft and 

is 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 and accordance with the sUAS manufacturer’s manual, as 

referenced in the Aircraft Operations Manual. As provided in the 

Operations Manual, the Pilot/”Operator” will ensure that the sUAS is 

in working order prior to initiating flight and perform required 

maintenance needed. 

Additional Views and Information 

Of the applicant, David Simmons has been involved in building and 

piloting of radio controlled vehicles for over 10 years without incident. 

Summary 

Pursuant to 14 CFR 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 CFR Part 21, 

subpart H; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 

14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 

14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 

91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 

(a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to commercially 

operate a small unmanned vehicle (55 lbs. or less) equipped to 

conduct aerial photography and cinematography services. 

Approval of exemptions allowing commercial operations of sUAs to 
conduct aerial photography and cinematography services will 

enhance safety by reducing risk. Conventional photography 

operations, using jet or piston powered aircraft, at extremely low 

altitudes, often very close to the subject being filmed and in close 

proximity to people and structures; and present the risks associated 

with vehicles that exceed 3,000 lbs., carrying large amounts of jet A 

or other fuel. In contrast, a sUAS weighing fewer than 55 lbs. and 

powered by batteries eliminates virtually all of the risk given the 

reduced mass and lack of combustible fuel carried on board. The 

sUAS is carried to the location. The sUAS will carry no passengers 

or crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights. 

The operation of small sUASs, weighing less than 55 lbs., conducted in 

the conditions outlined above, will provide an equivalent level of safety 

supporting the granting of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground but under 400 feet AGL, and within the 

limited area and, as a result, are far safer than conventional flight 

operations conducted with turbine helicopters operating in close 

proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with 

the property representative or owner’s prior consent and knowledge. 

Filming will be of people who have also consented to being filmed 

or otherwise have agreed to be in the area where filming will take

place. 

All flights will occur in accordance with any state or local laws 

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 operations within visual line of 

sight (VLOS) and national security – provide more than adequate 

justification for the granting of the requested exemptions allowing 

commercial operation of applicants sUAS in the aerial photography 

and cinematography services industry. 

Sincerely, 

Robert Dennison

SRQ360 INC