Jason Tinacci Photography 427 East Napa St. Sonoma, CA 95476 (707) 287

- 5397 Jason@tinacciphoto.com

October 3 , 2015

US Department Of Transportation

Federal Aviation Administration 800 Independence Ave SW Washington

, D

. C

. 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and CFR Part 11, Jason Tinacci Photography , owner and operator of Small Unmanned Aircraft Systems (UASs), requests to be exe mpted from the Federal Aviation Regulations (FAR) listed below so that Jason Tinacci Photography may operate UASs commercially i n airspace regulated by the FAA

, as 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.

Jason Tinacci Photography (a photography production company) is owned by

Jason Tinacci , a California resident, with a valid California Drivers license. Mr.

Tinacci will be the PIC on all flights . A ll operations will be performed with the public’s safety and right to privacy safeguarded at all times , as well as the safety and protection of private and public property

.

As described below, the requested exception would permit the operation of light

we ight (less than 55 lbs. total takeoff weight) UASs under controlled con ditions for commercial use by an experienced UAS pilot and visual observer, thereby enhancing safety and fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsib ility to ” establish requirements for safe operation of such aircraft systems in national airspace systems.” Section 333(c), of the

Reform Act.

Jason Tinacci Photography’s UAS ( DJI Flamewheel F550

, Appendices A and B )

is an electric rotorcraft weighing less than 55 pounds including payload. It operate s at a speed less than 50 knots and ha s the capability to hover and move in the vertical and horizontal plane s simultaneously. The UAS contains safety

features such as: auto return to launch point when batte ry power is under 25% ; as well as a camera for real

- time, remote first person view of the aircraft’s flight path to assist in local situational awareness . The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or

less with an observer located close at hand as to make voice communication possible. These operations will not create a hazard to users of the nation alairspace, public nor the environment.

Jason Tinacci Photography respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use,

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 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)&(b).

Jason Tinacci Photography submits this application in accordance with the Reform Act ,112 P.L. 95 331-334, seeking relief from any currently applicable FAR’S operatin g to prevent Jason Tinacci Photography future commercial use of small UASs to operate in the national airspace system as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do so. Jason Tinacci Photography’s UAS meet s the definition of “small unmanned aircraft” as

defined in Section 331

, and therefor e the integration of this UAS is expressly contemplated by the Reform Act. Jason Tinacci Ph otography would like to operate its lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether

certain unmanned aircraft systems may operate safely in national airspace before completion of the rule making req uired under Section 332 of the R eform Act. In making this determination, the Secretary of Transportation is required to

determine which UASs do create a hazard to users of the national airspace system or the public or pose a threat to national security in light of the following:

- The UASs size, speed, weight and operational capability

- Operation of the UASs in close proximity to airports and populated areas

- Operation of the UASs within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in nat ional airspace.

Jason Tinacci Photography’s UAS is a rotorcraft weighing less than 55 lbs., operate s at speeds less than 50 knots and has the capability to operate in the vertical and horizontal plane s simultaneously. The UASs will operate only within

the line of sight of the operator within a protected flight area and at 200 feet AGL or less. These will not present a hazard to the national airspace nor the public.

The very small nature of this UAS, combined with the safe guards presented below, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operations of UASsto commence immediately. Also due to the size of UASs and the areas and altitudes they will operate approval of t his exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through a rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses tr aditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

The follow ing will be considered as the binding limitation on operation s of Jason Tinacci Photography :

• Flights will only occur in daylight hours.

• Flights will be operated at 200 feet AGL or less, and within a line

- of

- sight

distance of fewer than 750 feet of the operator (PIC) and Observer (VSO)

.

• Flights will be terminated at any time weather or wind deteriorates causing unsafe flight.

• Flights will not take place in or near: t e mporary flight restricted areas; within

a 5

- mile radius of any airport; ho spitals; sporting event areas or stadiums; special security areas; areas where general public is within 150 feet ; protected bodies of water; National Parks; or other protected or sensitive

areas.

• All required FAA clearances, will be obtained and distances from airp orts strictly observed.

• Perform Safety Protocol and System Control check before each flight ( Appendix C )

• The UAS will weigh less than 55 lbs

.

• Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO).

• Operator and crew will remain in cont act during the flight operation.

• The UASs operator will perform a check of the flight area and make certain

of the sa fety of all persons in the area.

• Consent will be obtained from all persons within the photographic capabilities of the U AS to reduce the chanc e of violating anyone’s privacy.

• All UASs will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working.

• Flights will only operate in VFR conditions.

• UASs have a fu nction on the control to tell operator the distance away from the operator and its battery power remaining.

• Flight team will communicate by voice and the use of two-way radio if the

area is too large to hear voice from all team members.

• UASs will be used f or aerial video and still photography for commercial marketing and advertising.14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requiremen ts for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Jason Tinacci Photography’s UAS flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) an d Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Jason Tinacci Photography meets or exceeds each of

these elements

.

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 200 AGL to any UASs operator with a section 333 exemption.

14 CFR 91.203(a&b) provides f or carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Jason Tinacci Photography oper ations center.

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s this regulation is inapplicable.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining s uch certifications and registrations at Jason Tinacci Photography operations center.

The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700

and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain

conditions. Jason Tinacci Photography will only operate its UAS at or below

200AG L. They wil l be operated on a we ll defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within th is camera area also give consent for this filming. Compared to flight operations of conventional and traditional aircraft orrotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel UASs operations present a far smaller risk t o the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated and fl y ing below 200 feet AGL

, the risk of injury to people on the ground or the crew has been reduced or almost erased.

Granting Jason Tinacci Photography the above exemption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses.

Jason Tinacci Photography respectfully requests the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Jason Tinacci Photography pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely

,

Jason Tinacci Owner and Photographer Jason Tinacci Photography