United States

**D~partment** ofTransportation DocketOperatiop.s ._ ;
1200 New Jersey Ave.SE WestBuilding GroundFloor Room Wl2-140 WashingtonDC20590 Re: ExemptionRequestPursuant To Section 333 oftheFAA Reform Actof 2012

Dear Sir orMadam: I am writing pursuant to theFAA Modernization and Reform Actof2012 (the "Reform Act") and the procedures contained in 14 C.F.R 11, to requestthatMomentsRelived Photography LLC, an owner and operator ofsmall unmanned aircraft, be exempted from theFederal Aviation Regulations (FAR's) listed below sothatMoments Relived Photography, may operate its smallunmanned aircraft/lightweightunmanned aircraft systems (UAS) commercially in airspace regulated bythe Federal Aviation Administration (FAA); as long as such operations are conducted within and underthe conditions outlinedherein or as may be established bythe FAA as required by Section 333. As identified and described herein, Anthony Vining, and his companyMoments Relived Photography LLC, is an experienced, licensed, andinsured company. Anthony Vining has a full and uniqueunderstanding ofthe safety precautions, and laws thatmust be observed and adhered to, that's why we seekto havethis approvaL Moments Relived PhotographyLLC has been actively involved in thetechnical development of UAS/UAV service applications to providehigh definition film qualityby aerial cinematography with small, unmanned aircraft and lightweightUASs. It is currently one ofthe very few companies that is developing advancedtechnical applications and abilities for future commercial service applications. Moments Relived Photography LLC has fully equipped each ofits small unmanned aircraftfor aerial photography and cinematography. Through given their stability and maneuverability, they may be used for other cinematography, by law enforcementpersonnel, search andrescue and by otherfirst responders.

Moments RelivedPhotographyLLC has rejected all offers to workwith film, television, commercial television production companies on locations withinthe United States to ensure it is in compliancewith any applicable FARs. It, like other applicants, has done so despite Judge Patrick G.

1Geraghty's decision in the Rapheal Pirkermatter and his reasoning thatno FARs prohibits the use of small unmanned aircraft or lightweight UASs like those flown by otherpeer companies. Moments RelivedPhotography LLC exemptionrequest would permit its operation of lightweight, unmanned (remotely controlled in line ofsight) UASs in tightly controlled and limited airspace. Predetermined, specificallymarked areas ofoperation cordoned offlocations and corresponding enhancements to current safety controls will allowMoments Relived Photography LLC to operate within current safety parameters and new ones being implemented. As identified, similar lightweight, remote controlled UASs are legally operated by amateurs who refuse to seekapproval before use ofsuch devices, safety plan or controls in place to prevent catastrophe. Moments Relived Photography LLC is developing a state-of-the art client website application to monitor, evaluate and implement all aerial cinematography activities with a pre-flight safety and flight plan system. Granting Moments Relived Photography LLC request comports withthe Secretary of Transportation's (FAAAdministrator's) responsibilities to not only integrate UASs into the national airspace system, but to "

...establishrequirements for the safe operation ofsuch aircraft systems (UASs) in the national airspace system" under Section 333© ofthe Reform Act. Further, Moments Relived Photography LLC will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA. Moments Relived Photography LLC respectfully requests the grant ofan exemption allowing it to operate lightweight, remote controlled UAS's. The Specific Sections ofTitle 14 ofFederalRegulations, Moments Relived Photography LLC requests exemption are: 14 CFR21; 14 C.P.R. 45.23(b); 14 CFR 61.113(a) &(b); 14 C.P.R. 91, et seq; 14 CFR407 (a)(I); 14 CFR409 (a)(2);and, 14CFR417 (a)&(b). Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CFRPart 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). The Extent ofRelief Moments Relived Photography Services Seeks and the Reason it seeks Such Relief: Moments RelivedPhotography LLC submitsthis application in accordance with the Reform Act, 112 P.L. 95 ss 331-334, seekingrelieffrom any currently applicable PARs operatingto prevent Moments Relived Photography LLC contemplated commercial cinematic, research and other flight operations within the national airspace system. There Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into ournational airspace systems into our national airspace system as it is in the public'sinterest to do so. Moments Relived Photography LLC lightweight UASs meetthe definition of"small unmanned aircraft: as deemed in Section 331 and therefore the integration ofNetworkMedia Services lightweight UASs are expressly contemplatedby the Reform Act, NetworkMedia Services would like to operate its lightweight UASs prior to the time period by whichthe Reform Actrequires the FAA to promulgaterules governing suchcraft. 2The Reform Act guides the Secretary in determining the types ofUASsthatmay operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS; Whetherthe UAS will be operated near airports orpopulated areas; and, Whetherthe UAS will be operatedby line ofsight. 112 P.L. 95 s 333 (a). Each ofthese items militates in favor or an exemption for Network Media Services. Moments RelivedPhotography LLC UASs utilizes three to four counter-rotating propellers for extreme balance, control and stability. They each weigh less than 30 pounds, including cinematic or other equipment. Each ofMoments Relived Photography LLC small unmanned aircraft are designed to primarilyhover in place and operate at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations butoperate only within the line ofsight ofthe remote control pilot. In addition to theremote control pilot, Moments Relived Photography LLC uses a spotter and a technician, such that, at minimum, two Moments Relived Photography LLCs personnel govern the safe flight ofan Moments Relived Photography LLC aircraft at all times. Utilizing battery power and not combustible fuels, flights generally lastbetween five and twenty minutes. Moments Relived Photography LLC does not operate its UASs with less than twenty five percent battery capacity. Safety systems in place include a GPS mode that allows Moments Relived Photography LLC UASs to hover in place ifcommunication with the radio control pilot is lost and then slowly descend the UAS at twenty five percentbattery capacity. Further, Moments Relived Photography LLC fleet is programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a safety point ifcommunications are lost. Moments RelivedPhotography LLC does not operate its UASs near airports and generally does not operate them nearpopulated areas. The UAS operating software and GPS navigation systems do not allow any ofthe Moments Relived Photography LLC UAS vehicles to operate near airports orrestricted fly zones. The failsafe software will disable the UAS vehicles from taking offand also limit the fly zones. The failsafe software will disable the UAS vehicles from taking offand also limitthe UAS systems from operating within specific GPS present no-fly zones. To date, Moments Relived Photography LLC has only operated its fleet on private property cordoned offareas under the control ofMoments Relived Photography LLC clients. Moments Relived Photography LLC onlyoperates its UASs in predetermined areas and only in compliance with well-regarded safetyprotocols. Moments Relived Photography LLC operation ofits fleet ofsmall unmanned aircraftwill not "create a hazard to users ofthe national airspace system orthe public." 112P.L. 95 s 333 (b). Given the small size andweight ofMoments Relived Photography LLC UASs, combinedwiththeir operation in cordoned offand well-controlled areas, Moments Relived Photography LLC fleet falls within Congress's contemplated safety zone when it promulgatedthe Reform Act andthe corresponding directive to integrate UASs into the national airspace system. Indeed, Moments Relived Photography LLC UASs have a demonstrable safety record and do notpose any threatto the general public or national security.

3The FAA has the authority to issue the exemptionto Moments Relived Photography LLC pursuantto the Federal Aviation Act, 85 P. L. 726 (1958), as amended (the "Act"). Commercial and Public Benefits. Granting Moments Relived Photography LLC exemptionrequest furthers the public interest. First, Congress has already pronouncedthat it is in the public's interestto integrate commercially flown UASs into the national airspace system, hence the passing oftheReform Act. Second, Moments Relived Photography LLC conducts research into safe UAS operations everytime it flies one ofits UASs. Flight data, visual inspections, recorded observations and flight analyses are compiledto further enhance current safety protocols. Allowing Moments Relived Photography LLC to log more flight time directly relates to its research and its ability to further enhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial capture methods, namely, full size helicopters. Moments Relived Photography LLC UASs are battery powered and create no emissions. 

### If a Moments Relived Photography LLC lightweight UASs is far less than a full size helicopter, notwithstandingthe statistically noteworthy safety record offull size helicopters. Moments Relived Photography LLC UASs are battery powered and create no emissions. 

### If a Moments Relived Photography LLC crashes there is no fuel to ignite and explode. The impact of Moments Relived Photography LLC lightweightUASs is far less than a full size helicopter, notwithstandingthe statistically noteworthy safetyrecord offull size helicopters used in aerial photography. The public's interest is furthered by minimizing ecological and crash impacts by permitting aerial photographythrough Moments Relived PhotographyLLC lightweight UASs. Progression ofthe arts and sciences has beenfundamental to our society since its inclusion in the United States Constitution. Indeed, Congress mandates the integration ofUASs into ournational airspace system, in part, to achieve progression in the noteworthy, and inevitable, field. Permitting Moments Relived Photography LLC to immediately fly withinthe United States furthers these goals. Whether it is the amalgam ofscientific discoveries applicable to feature film making (includingthose drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel/first responders that does not cost millions ofdollars, granting Moments Relived Photography LLC exemptionrequest substantially furthers the public's interest in ways known and currently unknown.

4Reasons Why Moments Relived Photography LLC Exemption Will NotAdversely Affect Safety or HowtheExemption WillProvide aLevel ofSafety atLeastEqualto Existing Rule: Moments Relived Photography LLC exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting Moments Relived Photography LLC to log more flight time in FAA controlled airspace will allow Moments Relived Photography LLC to innovate and implementnew and as ofyetundiscovered safety protocols. In addition, Moments Relived Photography LLC submits the following representations ofenhancements to current aerial picture capture techniques:

• Moments Relived Photography LLC UASs weigh less than 30 pounds complete with digital cameras • Moments Relived Photography LLC only operates its UASs below 400 feet;
• Moments Relived Photography LLC UASs only operate for 5-25 minutes per flight; • Moments Relived Photography LLC lands its UASs whenthey reach 25%battery power; • Moments Relived Photography LLCremote control pilots operate Moments Relived Photography LLC UASs by line of sight;
• Moments Relived Photography LLC remote control pilots have video backup should they somehow lose sight oftheUAS;
• Moments Relived Photography LLC staffs each flight with a remote control pilot technician and spotter with communication systems enablingreal time communication between them;
• Moments Relived Photography LLC UASs have GPS flight modes whereby they hover and then slowly land ifcommunication with the remote control pilot is lost or battery power is below25%
• Moments Relived Photography LLC actively analyses electronic flight data and other sources ofinformation to constantly update and enhance safety protocols;
• Moments Relived Photography LLC only operates in secured areas that are strictly controlled, are away from airports andpopulated areas; • Moments Relived Photography LLC conducts extensive briefings priorto flight, during which safety carries primary importance;
• Moments Relived Photography LLC always obtains all necessary permission and permits prior to operation; and, Moments Relived Photography has procedures in place to abort flights in the event ofsafety breaches orpotential danger.

5Moments Relived Photography LLC provides a level ofsafety at least equal to existing rules, and in nearly every instance, greaterthan existingrules. It is importantto note that absent the integration ofcommercial UASs into ournational airspace system, helicopters are the primary means ofaerial photography. While the safety record ofsuch helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight USAS. First, the potential loss of life is diminished because UASs carry no people ofboard and Moments Relived Photography LLCs only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire explosions is greatly diminished. Third, the small size and extreme maneuverability ofMoments Relived Photography LLCs UASs allow ourremote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enoughto capture amazing images, Moments Relived Photography LLC UASs need not be so close to the objects they are focused on. Accordingly, Moments Relived Photography LLC UASs have operated and will continue to operate at an above current safety levels. A summary The FAA MayPublish in the FederalRegister: A. 14 C.P.R. 21 and 14 C.P.R. 91; Airworthiness Certificates, Manuals and The like. 14 C.P.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR s 91.203(a){l). The size, weight and enclosed operational area ofMoments Relived PhotographyLLC UASs permits exemption from Part21 because Moments Relived Photography LLC UASs meet an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificaterequirementunderboththeAct (49 U.S.C. s 44701 (f)) and Section 333 oftheReform Act. Both pieces oflegislation permittheFAAto exemptUASs from the airworthiness certificate requirement in consideration ofthe right, size, speed, maneuverability and proximity to areas such as airports and dense populations. Moments Relived Photography LLC UASs meet to exceed each ofthe elements.

14 C.P.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplatedbythe FARs, this Regulation is inapplicable. 614 C.F.R. s 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and giventhe size ofthe UASsthis Regulation is inapplicable, An equivalent level ofsafety will be achieved by maintaining a manual atthe flight operations center. The FAA has previously issues exemptions to the regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, 3 2 8 2 7. B. 14 C.F.R. s 45.23: Marking ofThe Aircraft Applicable codes ofFederal Regulation require aircraftto be marked according to certain specifications. Moments Relived Photography LLC UASs are, by defamation, unmanned. They therefore do nothave a cabin, cockpit orpilot station on which to mark certain words orphrases. Further, two-inch lettering is difficultto place on such small aircraft. Regardless, Moments Relived Photography LLC will markits UASs in the largest possible lettering by placing the work "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. s 45.29(t) so that the pilot, technician, spotter and others working with the UAV will seethe markings. The FAA has previously issues exemptionsto this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R s 61.113: Private PilotPrivileges and Limitations: PIC Pursuantto 14 C.F.R. ss 61.113(a) & (b), private pilots are limited to non-commercial operations. Moments Relived Photography LLC can achieve an equivalent level ofsafety as achieved by currentRegulationsbecause Moments Relived Photography LLC UASs do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills, though Moments Relived Photography LLC pilot vetting andtraining programs will. Further, private pilot licensees will operate Moments Relived PhotographyLLC UASs with the same skill. Further, the risks attendantto the operation ofMoments Relived Photography LLC UASs is far less than the risk levels inherent inthe commercial activities outlines in 14 C.P.R. s 61, et seq. Thus, allowing Moments Relived Photography LLC to operate its UASs with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. s 61.113(a) & (b). D. 14 C.P.R. 91.119: Minimum Safe Altitudes.

714 C.F.R. 91.119 prescribes safe altitudes for the operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Moments Relived Photography LLC UASs will never operate at an altitude greaterthan 400 AGL. Moments Relived Photography LLC will, however, operate its UASs in cordoned off areas with security providing a level ofsafety at least equivalentto those in relation to minimum safe altitudes. Giventhe size, weight, maneuverability and speed ofMoments Relived Photography LLC UASs, an equivalent level ofsafety will be achieved. E. 14 C.F.R 91.405 (a); 407 (a) (1);409 (a) (2);417 (a)&9b): Maintenance Inspections. The above-cited regulations require, amongst otherthings, aircraft owner and operators to have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart43 ofthis chapter. These regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Moments Relived Photography LLC should its requested exemption be granted. Moments Relived Photography conduct an extensive maintenance program that involves regular software updates and constant inspection for assessment ofany damagedhardware. Therefore, an equivalent level ofsafety will be achieved. Moments Relived Photography has researched and developed it's own designs.
F. Summary Moments RelivedPhotography LLC seeks an exemption from the following regulations: 14 C.F.R. 21, subpart H; 14 C.F.R45.23(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) & (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §91.409(a)(2); 14 C.F.R. §and, 14 C.F.R. §§ 91.4179(a) & (b) to commercially operate its fleet ofsmall, light, unmanned aircraft for the purposes ofaerial photography/video, andto conduct its ownresearch, and develop platforms for first responders, search and rescue. Granting Moments Relived Photography LLCrequest for exemptionwillreduce currentrisk levels and thereby enhance public safety. Currentlythe aerial photography industry relies primarily onthe use on full scale, large aircraft running on combustible fuel. Moments Relived Photography LLC craft do not contain potentially explosive fuel, are smaller, lighter, and more maneuverable than conventional aerial cameraplatforms. Further, Moments Relived Photography LLC operated at lower altitudes and in 8controlled airspace. Moments Relived PhotographyLLC has been analyzing flight data and other information in compiling novel safetyprotocols and the implementation ofa flight operations manualthat exceeds currently accepted means and methods ofsafe flight. There are no people on board Moments Relived PhotographyLLC UA V's and thereforethe likelihood of death or seriousbodily injury is significantly limited. Moments Relived Photography LLC UAV's weigh less than 30 lbs. andtravel at speeds less than 50 knots in cordoned offareas will provide at least an equivalent level of safety as thatachieved undercurrent FARs. MomentsRelived PhotographyLLC Respectfullyrequests that the FAA grant its exemptionrequest without delay. The FAA has the authorityto issue the exemption soughtbyMomentsRelived Photography LLC pursuantto the FederalAviation Act, 85 P.L. 726 (1958), as amended (the "act").

Sincerely,

AnthonyVining Moments Relived PhotographyLLC P.O. Box 10 Snellville, Ga 30039

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