Philly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **1** of **9** September 30, 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 of the Federal Aviation Regulations** Dear Sir or Madam, I, Matt Satell , owner of Philly By Air, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that Philly By Air, a photography busin ess specializing in Aerial Photography and Video Productions, b e exempted from the Federal Aviation Regulations (“FARs”) listed below so that we may operate a small ultra

- lightweight unmanned aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). As described herein I, Matt Satell , am chief photographer / videographer at Philly By Air, which has acquired a DJI T600 Inspire 1 Quadcopter with 4K HD Video Camera and a DJI Phantom 3 Quadcopter with 4k HD Video Camera with intent to operate them for commercial aerial photography / videography following exemption and approval by the FAA. Exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly c ontrolled and limited airspace photog raphing or videographing within property boundaries for individual property ow ners with their or their agent’s permission. I, Matt Satell , owner of Philly By Air, will detail in this petition the specific regulation s for which we seek relief, offering alternate and equivalent ways of providing a level of safety at least equal to the existing rules. This petition focuses on public safety and public benefit.

Appendix A
– Philly By Air Operating Procedures Appendix B
– DJI T600 Inspire 1 (User Manual ) Appendix C
– DJI Phantom 3 (User Manual)Philly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **2** of **9 I. Contact Information:** 

Matt Satell , Philly By Air 207 E 10 th Ave Conshohocken, PA 19428 Phone: 610

-804

-5970 Email: matt@phillybyair.com Website: www.phillybyair.com
**II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Philly By Air**  **Requests Exemption are:** 14 C.F.R. Part 21 subpart H ; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)
**III. The Extent of relief**  **Philly By Air seeks and the Reason**  **We Seek Such Relief:**  I, Matt Satell , submit this application in accordance with the R eform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operatin g to prevent Philly By Air’ contemplated commercial use of an sUAS for photographic and videographic use within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Philly By Air’ s ultra

- lightweight sUAS meets the definition of “small unmanned aircraft” as defined in S ection 331 and therefore the integration of my ultra

- lightweight sUAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules gover ning such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography. The Reform Act guides the Secretary in determining the types of sU ASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Philly By Air . My sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My sUAS is equipped with GPS and au to return safety tec hnology. Weighing less than seven ( 7 ) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Matt Satell , consider safety the ut most importance with every flight. My small unmanned aircraft is designed to hover in place via G PS and operate in less than a 20 knot (21 mph) wind. For safety, stability and fear of financial loss I wi ll not fly in winds exceeding 15 knot (16 mph). Built in safety systems include a GPS mode that allows my sUAS to hover in place when ra dio controls are released. When pilot communication is lost, the sUAS is designed to slowly descend to the point of take

-off. Philly By Air will not operate sUAS near airports, Hospitals nor Police heliports, and will not operate near areas where general p ublic is within thirty to one hundred (30

- 100) yards depending on location, conditions and weather. We utilize a crew of two (2), a pilot (“PIC”), and a spotter who are constantly on alert for any manned aircraftPhilly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **3** of **9** (Police/Medical helicopters, etc.) and prep ared to land / abort immediately to the nearest and safest ground point should a manned aircraft approach the area of operation . Our sUAS is capable of vertical an d horizontal operations, and is flown only within line of sight of the PIC . Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude under four hundred (400) feet. Philly By Air will utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is about twenty (20) minutes as tested. Philly By Air will not operate sUAS at or below the manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure ad equate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are at hand with each mission to insure replacement for sufficient safe level of operation. We do not believe in taking risks that may cause a crash, which could create hazards to the public / property / manned aircraf

t, and we have no desire to lose our investment. The crew will always include an FAA licensed and current pilot. The crew at Philly By Air have done scores of pra ctice flights in remote areas on private property as hobbyist s simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS’s performance under different temperature and weather conditions. Philly By Air will have a designated chief pilot who is an active and current FAA licensed Commercial P ilot

. Our main objective is caution and safety when operating our sUAS / ultra

- lightweight unmanned aircraft and we will not “create a hazard to users of the natio nal airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my sUAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the na tional airspace system. My Inspire 1 and Phantom 3 sUAS, used in hobby flight, have a demonstrated safety record and does not pose any threat to the gen eral public

.
**IV. How Philly By Air**  **Request Will Benefit the Public As A Whole:** Philly By Air is a small business serving various commercial businesses and news outlets in South

- East Pennsylvania and Central New Jersey. Aerial photography has been around for a long time through manned fixed wing aircraft and helicopters . At Philly By Air, we are replacing many of these intrusive low level airplane flights, often in congested airpace, with more cost effective, safer, and more environmentally friendly sUAS missions. In addition, for many small bu dget productions the expense of such full scale aerial photography and videography using manned aircraft is cost prohibitive. We operate in a very competitive environment, competing with large nationwide photography and videography suppliers. We are able to compete on quality and service. The advent of sUAS’s used in this business environment, and their ability to produce unique images will not only help our small business compete with larger businesses, but also provide our customers with their own new business value, thus promoting commerce and economic deve lopment. Permitting Philly By Air to immediately fly within national air space furthers economic growth in our South

- East Pennsylvania and Central New Jersey area, and provides a definite benefit to the businesses and news outlets looking to use aerial photography and videography, both of which increase commerce and serve as a benefit and stimulus to the area economy and community.
**V. Reasons Why Philly By Air** **’ Exemption Will Not Adversely Affect Safety**  **or How The**  **Exemption Will Provide a Level of Safety A** **t Least Equal To Existing Rule:**Philly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **4** of **9** Philly By Air has the utmost respect for everyone’s safety and comfort

. Our chief pilot, being an active and current commercial pilot, has a solid understanding of the National Airspace System . As it concerns to sUAS operations : Our sUAS ( DJI T600 Inspire 1 Quadcopter & Phantom 3 ) weigh less than 7 pounds;

 Each mission will consist of a crew of 2: one PIC and one spotter;  At least one of the crew is an FAA licensed commercial pilot with a current medical certificate and flight review;  The PIC will have a minimum of 50 logged flights and 20 total hours in the make and model of the operating sUAS, including at least 3 flights in the last 90 days;
 We only operate our sUAS below 400 feet in day VFR conditions (within t he 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);
 We will not operate the sUAS in Class A, B, C, or D airspace without written approval from the FAA;  We will not operate within 3 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The lett er of agreement with the airport management will be made available to the Administrator upon request;
 If any unauthori zed person moves within 200 feet of the operating sUAS, the miss ion will be aborted immediately;
 Our sUAS only operates for ten (10 ) to fifteen (15 ) minutes per flight, severely limiting the exposure of any safety concerns towards the public or property;  We pilot our sUAS through remote control only by visual line of sight, keeping the sUAS within 1000 feet of the operator at all times;  Ou r sUAS has GPS controlled failsafe, a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;
 We actively record and analyze flight data and other sources of information to constantly update and enhance safety protocols;
 Before each flight we assess the environment and we only proceed to operate in reasonably safe environments that are controlled, are away from power lines, elevated lights, airports and actively populated areas;
 We conduct extens ive pre

-flight inspections and protocol, during which safety carries primary importance;  We always obtain all necessary permissions prior to o peration; and we have procedures in place to abort flights in the event of safety breaches or potential danger.

V I. **A Summary: The FAA May Publish in the Federal Register:** A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area Philly By Air’ sUAS permits exemption from Part 21 because our sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of t he Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. BothPhilly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **5** of **9** pieces of legislation permit the FAA to exempt sUASs from the airworth iness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Philly By Air’ sUAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board p ilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previous ly issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settin gs is inapplicable insofar as our sUAS utilizes e lectronic global posi tioning systems with a barometric sensor, and altitude information will be provided to the pilot via a digitally encoded telemetric datalink to a realtime display

. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications an d registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by Philly By Air

. B. 14 C.F.R. § 45.23: Marking of the Aircraft. Ap plicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two
- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Philly By Air will mark the sUAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so tha t the PIC, or anyone assisting the PIC as a spotter will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R. § 61.113: Private Pilot Pr ivileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. Philly By Air can achieve an equivalent level of safety as achieved by current Regulations . The PIC will have a Commercial Pi lot certificate with a current Medical, and will meet the flight review requirements specified in 14 CFR § 61.56
. D. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower alt itudes in certain conditions. Our sUAS will never operate at an altitude greater than 400 feet AGL, only in safe areas away from the public and traffic. Given the small size and weight of the sUAS, its maneuverability and speed profile, we can achieve an equivalent level of safety

. E. 14 CFR § 91.151(a) requires a thirty (30) minute fuel reserve for flight in VFR conditions. Since maximum flight time is limited to battery capacity, and is less than 30 minutes for our sUAS, we will operate our sUAS for no longer than t en (10) to fifteen (15) minutes on a full charge. A fullPhilly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **6** of **9** charge would allow for a flight time of about twenty (20) minutes, providing a 25% to 50% safety margin. The FAA has previously issued exemptions for manned aircraft to operate at less than the minimums prescribed in 14 CFR § 91.151(a), including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS

-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions.
F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above

cited Regulations require, amongst other things, aircraft owners an d operators to “have [the] 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. . . .” To comply with this regulation, the PIC, before each mission, will check the manufacturers’ internet service pages, and ensure applicable software and hardware is up to date as required, and ensure compliance with any safety bulletins posted. In addition, t he O perators M anual as provided by the sUAS manufacturer will be revised to include specific operating procedures and limitations to comply with the exemptions sought as descri bed in section V (see appendix A ). The revised Operators Manual will be in pos session of the crew during operation of the sUAS, and must be made available to the Administrator or any law enforcement official upon request. **In summary, Philly By Air**  **seeks an exemption from the following Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. §91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. §91.151(a); 14 C.F.R. § 91.203(a) and (b); 14 C.F.R. § 91.405 (a);14 C.F.R. § 91.407 (a)(1); 14 C.F.R. §91.409 (a)(2); and, 14 C.F.R. § 91.417(a) & (b) to commercially operate Philly By Air’ small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and videography operations. Philly By Air will utilize safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. Philly By Air will conduct formal collection of information of its operation of the sUAS, which will be shared w ith the FAA, and will contribute to the enhancement of the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. Philly By Air’ operation of the sUAS, weighing less than 7 pounds and travelling at low speeds within limited controlled areas will provide an equivalent level of safety as that achieved u nder current FARs. Accordingly Philly By Air respectful ly requests that the FAA grant our exemption request
. Respectfully sub mitted, Matt Satell , Photographer / Videographer, Owner Philly By Air 207 E 10 th Ave Conshohocken, PA 19428 Phone: 610

-804

-5970Philly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **7** of **9** 

# Append **ix A –**  **Philly By Air Operating Procedures** 

Safety is our main concern. Owner and crew must be familiar with, and follow these operating procedures: 1) Owner must: a. Document a ll maintenance, alterations, and updates i n the aircraft records. b. Any maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, m ust undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. 2) Prior to each mission : T he PIC must familiarize him/herself with a ll possible safety aspects of the mission. This includes but is not limited to:

i. Software versions required (manufacturers web site) ii. Weather iii. Wind (less than 15 knots) iv. NOTAMS v. Proximity of airports or SUA 3) Prior to each flight : t he PIC must inspect the sUAS and Ground Station to ensure they are in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. This includes but is not limited to:

i. Batteries (full sUAS battery required for each flight, check battery levels fo r transmitter and accessories ) ii. Inspect propellers, motors, wings and lights iii. The do cuments required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at the Ground Control Station of the sUAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. T he PIC performs a safety assessment. This includes but is not limited to:

iv. If operating within 3 miles of an uncontrolled airport, check that a letter of agreement that covers the current mission with the airport manager is available to the PIC, and tha t the operation is conducted under a current NOTAM. v. Inspect flight area for light poles, trees, utility wires, proximity to helipads, hospitals, schools, busy roadways, gatherings of people, SUA
. vi. T he PIC provides a safety briefing to the spotter. An agre ement is made under which conditions the flight must be aborted. vii. Identify take off and landing area

. The PIC performs pre

-flight checks:

i. Check all controls neutral ii. Turn on Power transmitter first, then on sUAS, and accessories iii. Perform GPS alignment according to manufacturers operating manualPhilly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

Page **8** of **9** iv. If alignment successful, flight can start from a safe take

- off point v. Immediately after takeoff perform the following checks: a. Hover 5

- 10 feet b. Check data link c. Check video link d. Check altimeter e. Check GPS f. Check time 4) During each flight: a. T he sUAS may not be operated by the PIC from any moving device or vehicle. b. The sUAS may not be operated at an altitude exceeding 400 feet AGL. c. The sUAS may not be operated at night or at altitudes less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles. d. The sUAS must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). e. Flight tim e is limited to maximum fifteen (1 5 ) minutes. f. sUAS must remain w ithin line of sight and within 10 00 feet of PIC. 5) Emergency during flight. This could include but is not limited to:

i. Pilot distracted ii. Spotter signals abort iii. Sudden change in weather or wind iv. Manned aircraft in the vicinity v. People getting within safety perimeter vi. Birds Immediately: b. Determine closest safe landing location to sUAS c. Land 6) After each flight: a. Check and log flight time and remaining battery level. b. Turn off power to sUAS first, then turn off power to transmitter c. Inspect sUAS for any damagePhilly By Air, Photography and Videography, Conshohocken , PA

- Section 333 Exemption Petition

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# Appendix B **– Inspire 1 (User Manual**  **)**
http://download.dji
- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf 

# Appendix C **– Phantom 3 (User Manual**  **)**
http://download.dji
innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf