In accordance with 14 C.F.R. § 11.81, Li fted Imagery Aerial , LL C provides the following information in support of its petition for exemption: The name an d address of the Petitioner is: Lifted Im agery

Aerial, LLC 7802 Homestead Road Golden, Colorado 80403 The point of contact for this Petition and specific contact information is as follows: Alexander Delmonico Owner Lifted Imagery Aerial, LLC 7802 Homestead Road Golden, CO 80403 303

- 408

- 7326 Email: alex@lift edimagery.com

Lifted Im agery

Aerial, LLC is appl yi ng to the FAA for exemption would allow the petitioner to operate an unmanned aircraft s ys tem (UAS) to perform aerial photography/videography for landscape photograph y, real estate & building professional s as well as to augment portrait & wedding events. Lifted Imagery Aerial, LLC (and subsidiary L ifted Imagery, LLC) has been operating in good faith and without blemish for almost 3 y ears and carry substantial liabilit y insurance for the photography and vid eograph y business including a specific policy for the UAS in operation of Lifted Imagery Aerial, LLC

.

**Airworthiness of UAS**

The UAS proposed b y the petitioner are the DJ I Inspire 1 and Freefl y S ys tems Cinestar 8 and any of their subsequent upgrades as l ong as they are in accordance with the restrictions of Section 333. The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

—

Airworthiness Certificates in accordance with the statutory criteria provided in Section 333 of Public L aw 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, we request that the Secretary of Transportation dete rmine that this aircraft meets the conditions of Section 333 and thereb y requests exception.**BASIS FOR PETITION**

Petitioner, Li fted Im agery Aerial, LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91. 109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a c ertificate of airworthiness as contemplated by 14 C.F.R. Part 21. The Speci fic Sections of 14 C.F.R. From W hich Lifted Imagery Aerial , LLC Seeks Exemption: 1. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, e ntitled 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 Lifted I magery Aerial , LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y 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 UAV. In all cases, an anal ys is of thes e criteria demonstrates that the UAV 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. All of the UAV’s to be operated hereunder are less than 55 lbs. fully loaded, carry

neither a pilot nor passenger, carry

no explosive materials or flammable liquid fuels, and op erate exclusively within a secured area as set out in the Li fted Im agery Aerial , LLC Operations Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s req uirements, and under the requirements and in compliance with local public safet y requirements, to provide securit y for the area of operation as is now done with conventional inspections. The FAA will have advance notice of all operations. These safet y enhancements, which alread y appl y to civil aircraft operated in connection with power generation inspections, provide a greater degree of safet y to the public and property owners then conventional operations conducted with airworthiness certificates issued und er 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 UAV’s, due to their size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 2. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and theregistration number is display ed on limit ed, 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 UAV will have no airworthiness certificate, an exemption may be needed as the UAV will have no entrance to the cabin, coc kpit or pilot station on which the words "limited," "restricted," "light

- sport," "experimental," or "provisional," can be placed. Given the size of the UAV, two

- inch lettering will be impossible. The word "experimental," may be placed on one of the rotor arms of each UAV, in compliance with §45.29 (f). The equivalent level of safet y will be provided b y having the UAVs marked on their rotor arm as required b y §45.29 (f) where the pilot, observer and others working with the UAV will see the identificat ion of the UAV as "experimental ". The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 3. 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 UAVs will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations without requiring PIC operating the aircraft to have a private pilot’s license or a commercial pilot’s license to operate these small UAVs. Unlike a conventional aircraft that carries the pilot and passengers, Lifted Imagery Aerial , LLC’ UAVs are remotel y controlled with no living thing on board. The area of o peration is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Lifted Imagery Aerial , LLC Operations Manual. The level of safety provided by

th e requirements included in the m anual exceeds that provided b y a single individual holding a commercial or private pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the UAVs are so diminished from the level of risk associated with commercial operations contemplated by P art 61 when drafted, that allowing operations of these UAVs as requested without a commercial or private pilot as the PI C exceeds the present level of safet y achieved b y 14 C.F.R. §61.113 (a) & (b). 4. 14 C.F.R. §91.7(a): Civil aircraft airworthiness.
Th e 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 determ ining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety

check lists prior to each flight, as set forth in Sections J, Land Q, an equivalent level of safety

will be provided.
5. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual i n 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 b y §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 an y combination thereof. The UAVs, given their size and configuration have no ability or place to carr y 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 safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAV 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.
6. 14 C.F. R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safet y will be provided as set forth in the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
7. 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 full y functioning dual controls. UAVs and remote ly

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 traini ng 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 b y the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 8. 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 UAV that is a multi

- rotor VTOL and the exemption requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which operations are planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAV will never o perate at higher than 400 ft. AGL. 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 safet y will be achieved g iven the size, weight, speed of the UAVs as well as the location where they will be operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advance notice to the property owner and participants in the filming activity , all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of f lammable fuel, any risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 400 ft. AGL in the power generation industry . I n addition, the low

- altitude operations of the UAVs will ens ure separation between these small UAV operations and the operations of conventional aircraft that must comply with Section 91.119. 9. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 10. 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 f orecast 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 fl y after that for at least 45 minutes. ” The batteries powering all of Li fted Imagery Aerial , LLC’ UAV’s provide approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAV flights would be limited to approximately five (5) minutes in length. Gi ven that this limitation would prohibit the flight of the UAV’s a longer time frame for flight in day lig ht or night VFR conditions is reasonable. Lifted Im agery

Aerial , LLC 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 small UAV, in a tightl y controlled area where only people and propert y owners or official representatives who have signe d waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAV. Additionally , limiting UAV flights to 5 minutes would gre atl y reduce the utility for which the exemption will be granted. Lifted Im agery

Aerial , LLC believes that an equivalent level of safet y can be achieved b ylimiting flights to 25% of battery power. This restriction would be more than adequate to return the UAV’s to their planned landing zone from an ywhere in their limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 11. 14 C.F.R. §91.203 (a) and (b): Carry ing Civil Aircraft C ertification 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 display ed at the cabin or cockpit entrance so that it is legible to passenge rs or crew. All of Li fted Imagery

Aerial , LLC’ UAV’s fully loaded weigh no more than 55 lbs and are 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 UAV’s. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAV will have immediate access to them, to the extent they are applicable to the UAV. 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. 12. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations r equire 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 appl y only to aircraft with an airworthiness certificate, these sections will not apply to Li fted Imagery

Aeri al , LLC. Maintenance will be accomplished by Lifted Im agery

Aerial , LLC pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level of safet y will be achieved because these small UAVs are very

limited in size and w ill carry a small pay load and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, Lifted Imagery Aerial , LL C will ensure that every UAV is in working order prior to initiating flight, perform required maintenance, and keep a log of an y m aintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the air craft in an airworth y condition to provide the equivalent level of safet y.13. The Extent Of Relief Lifted Im agery Aerial , LLC Seeks And The Reason Li fted Im agery Aerial , LLC Seeks Relief From 14 C.F.R. § 21.185. Li fted Imagery Aerial , LLC seeks relief fr om the airworthiness certific ate requirements of the Federal Aviation Regulations and proposes to commerciall y operate the DJ I INSPI RE 1 and CI NESTAR 8 , without an airworthiness certificate, for the special purpose of conducting aerial inspection services for its customers, pursuant to specific operating limitations and a Safety Management Sy stem (“SMS”). Li fted Imagery Aerial , LLC seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the DJ I INSPIRE 1 and Fre efl y S ys tems CINESTAR 8 , which have not ye t been t ype certificated by the FAA, may be operated as if they were a restricted category aircraft for a single, defined, special purpose operation (i.e., aerial inspection). Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), Lifted Im agery

Aerial , LLC seeks relief from the airworthiness certificate requirements of the FAR because operation of the DJ I INSPIRE 1 and Freefl y S ys tems CI NESTAR 8 will not create a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y. Section 333 sets forth the requirements for considering whether a UAV will create a hazard to users of the NAS or the public or pose a threat to national securit y. Further, Section 33 3 provides the authority

for such UAV to operate without airworthiness certification. Specifically , Section 333 states the following, in part: (b) Assessment of Unmanned Aircraft S ys tems.

-- In making the determination under subsection (a), the Secretary

sh all determine, at a minimum

-- (1) W hich ty

pes of unmanned aircraft s ys tems, if any , as a result of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace s ys tem or the public or pose a threat to national security; and (2) W hether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1set forth below, numerous factors, including the proven safe operational history of the DJ I INSPIRE 1 and Freefl y S ys tems CI NESTAR 8 in the NAS, as well as the specific parameters of Li fted Imagery Aerial , LLC’ intended operation pursuant to this exemption, demonstrate that the DJII NSPI RE 1 and Freefly

Sy stems CI NESTAR 8 have in the past, and will continue in the future, to operate safel y in the NAS without creating a hazard to other aircraft or people on the ground. Accordingl y, the FAA may approve operation of the DJII NSPI RE 1 and Freefly

S ys tems CINESTAR 8 , without an airworthiness certificate, by setting forth specific operating limitations to ensure a level of safety equivalent to what would be provided b y airworthiness certification.

********* 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: Lifted Im agery

Ae rial , LLC seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); §§ 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); 91.4 09

(a) (2), 91.417 (a) & (b), as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185 to operate commercially unmanned vehicle (55lbs or less) for aerial inspections. This will greatl y reduce risk of injury , etc. in filming/photographing aerial still and video shots for my business than using a helicopter or other manned flight apparatus. In contrast, a Lifted Imagery Aerial , LLC UAV weighing fewer than 55 lbs. and powered b y batteries eliminates virtually a ll human risk given that the PI C is on the ground. Every Lifted Imagery

Aerial , LLC UAV is carried to the inspection site and not flown. The UAV’s will carry

no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UAVs, weighting less than 55 lbs., condu cted in the strict conditions outlined above, will provide an improved level of safet y supporting the grant of the exemptions requested herein, including exempting the Lifted Imagery Aerial , LLC from the requirements of Part 21 and allowing commercial oper ations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted b y humans dangling from ropes. Reasons Why

Granting Lifted Imagery Aerial , LLC’s Request Would Be In The Public Interest : Granting the present Petition will further the public interest b y allowing Lifted Imagery Aerial , LLC to safely , efficiently, and economically perform aerial photography for real estate & building profession als as well as augment portrait & wedding events. Additionally , use of the Lifted Im agery

Aerial , LLC UAV’s will increase worker safet y b y reducing human exposure to extreme heights. Notabl y, the benefits of the proposed operation of the Li fted Imagery Aer ial , LLC UAV will be realized without implicating any privacy issues.
CONLUSION: 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 op eration within visual line of sight and national securit y

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS to perform aerial photograph y/videography for landscape photography , real estate & building professionals as well as to augment portrait & wedding events. Respectfully

submitted, Alexander Delmonico Owner Lifted Im agery

Aerial, LLC 7802 Homestead Road Golden, CO 80403 303

- 408

- 7326 Email: alex@liftedimagery .com