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January 4, 2016 Docket Operations, M-30. U.S. Department ofTransportation (DOT) DocketManagement System 1200NewJersey Ave., SE Room W12-140, WestBuilding Ground Floor Washington, DC 20590-0001

DearSirorMadam:

.Attached please find Aerial Archives request, as a member of the Professional Aerial Photographers Association, International (PAPA), for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUAS") for aerialimaging to include video and still photography. This exemption request is initially for the use ofthe Phantom 3 Pro sUAS manufactured by DJI, an established sUAS company and in accordance with the sUAS training and certification program as administered by PAPA. ' ·Also attached to this letter is the equipment "Aerial Archives Flight Manual" (Manual); which outlines the operating requirements, limitations, and technical specifications for the DJI System as used by Aerial Archives. Aerial Archives has reviewed this Manual and has found it to be acceptable for sUAS operations. Applicant submits.this manual as a Confidential document under 14 CFR 11.35 (b) as the entire Manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of InformationAct 5 USC 552 et. seq. Thankyou for yourtime and consideration, and please letme know ifyou have any questions.

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·,r· "·January 4, 2016 Docket Operations, M-30 U.S. Department ofTransportation (DOT) DocketManagement System 1200 New Jersey Ave., SE Room W12-140, WestBuilding GroundFloor Washington, DC 20590-0001 Re: ExemptionRequest Section 333 oftheFAAReform Act and Part 11 oftheFederal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.151(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b). DearSirorMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, Aerial Archives, an aerial photography and digital imaging company, on behalfofitselfand its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography, so long as such operations are conducted within and under the conditions outlinedherein or as may be establishedby the FAA as required by Section 333. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Aerial Archives during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAPA). Aerial Archives is a member of the Professional Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS). Principal employees have received ground school training and have logged well over 25 hours ofsUAS flight operations. The PilotIn Command (PIC) proposedby Aerial Archives is an FAA licensed pilotwith years of safe and successful aerial photography operations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the National Airspace.System." Section 333(c) oftheReform Act.



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 16-001

## ---~-----·-·-··--··--·-····---··-··--··-··--···-·--···-----·-··-·····-·---·-·---·--··-·--··--····___!'~_£~_1-~. Thename and address ofthe applicant is: Aerial Archives 561 Sky Ranch Drive · Petaluma, CA 94954 PIC-:-HerbLing!, FAALicensedPilot (Commercial) PH: 415-771-2555 Email: herb@aerialarchives.com Regulations from whichthe exemption is requested: 14 C.F.R. Part 21 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 14 C.F.R. 109 14 C.F.R. 119 14 C.F.R. 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. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) 

### & (b)

I. STATUTORYAUTHORITYFOREXEMPTIONS The FederalAviation Act expressly grants the·FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, 

# as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether sl;AS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, ora threatto national security. In makingthis determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability; • Whetherthe sUAS operates within the visual line ofsightofthe operator 

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• Whetherthe sUAS operates outside ofhighly populated areas and away from close proximity'to airports Reform Act §333(a). Ifthe Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." 

### !d. §333(c) Aerial Archives' sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 70 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only within the controlled "Area ofOperations" described in the Confidential Aerial Archives Flight Manual (Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a hazard to users ofthe National Airspace System or the public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUAS to commence immediately. Also, due to the small size ofthe sUAS, altitudes, and controlled areas in which the sUAS will operate, approval ofthe application presents no national security issue. Giventhe cleardirection in Section 333 ofthe 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, the grant of the requested exemptions is in the public interest. Accordingly, Aerial Archives respectfully requests thatthe FAA grantthe requested exemptionwithout delay.

II.PUBLICINTEREST 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 NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress's intent ofallowing UAS to operate with significant safety precautions in low risk environments. The use of sUAS on aerial photography operations can significantly reduce the risk to photographers and participants. sUAS can inspect, photograph, and collect data on hard to get to areas thatotherwisewould require direct access or manned aircraft. Additionally, sUAS could replace the use ofhelicopters and small aircraft to produce imagery for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, and carry no combustible material on board, as opposed to the much larger conventionally
ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 16-001.( ., '·'**.··~·**

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## ----------------------------·----··--·-·---------·------------------------------------------------~~--~~-j_-~_ powered small aircraft. Shifting to sUAS from manned aircraft presents a marked safety increase for ourworkers and thepublic. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS used by Aerial Archives use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds oftimes heavier. 

### III.EQUIVALENTLEVEL OF SAFETY AND SECURITY Aerial Archives proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on imaging and photography operations conducted with conventional aircraft. Aerial Archives will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption: 1. The sUAS will be lessthan 20 pounds. 2. Flightswill be operated within visual line ofsightofa pilot. 3. Maximum total flight time for each operational flight will be 20 minutes. The operator calculates batteryreserve, and will return the sUAS to the "Designated Safety Zone" with at least 20%batterypowerreserve shouldthat occurpriorto the 20 minute limit. 4. Flights will normally be operated atan altitude ofnot more than 400 feet AGL, butnever in controlled airspace without prior coordination and approval ofATC. 5. Flights will notbe conducted withinthe surface areaofcontrolled airport airspace without prior coordination and approval ofATC. 6. Flights will notbe conducted within 5miles ofany uncontrolled airport without prior coordination and approval ofthe airport authority. 7. Crew for each operation will consistofthe sUAS Operator who will keep the sUAS within his visual line ofsight at all times and a qualified Observer. 8. The sUAS operatorwill betrained in flight, operations, and safety procedures as detailed in the FlightManual. 9. The sUAS will only operate within a confined "Area ofOperations" as defined in the Maimal, including butnot limited to evaluation ofthe airspace by reference to a current I :500,000 scaleFAA Sectional Aeronautical Chart. TheManual also requires the establishment ofa "Designated SafetyZone" for the flight operations area. 10. A briefing will be conductedregarding the planned sUAS operations priorto each day's production activities. Itwill be mandatory that all personnel whowill be performing duties withinthe boundaries ofthe Designated Safety Zone be present for this briefing. 11. All onsite personnel will consentto theUAS flyover on site by waiver, andthe Operatorwill obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet ofthe flight operation.



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## ----------------------------------············---------------------·----------------------------------------~-~-~--~-~--l.~- 12. Operatorwill have been trained in operation ofUAS generally and will have received up-todate infonnation on the particular sUAS to be operated as required by the Aerial Archives Manual. 13. Necessary written and/or oral pennission from therelevant property holders will be obtained. 14. All required pennissions and pennitswill be obtained from territorial, state, country, orcity jurisdictions, including local law enforcement, fire, orotherappropriate government agencies. 15. Ifthe sUAS loses communications orloses its GPS signal, it will have the capabilityto enter "loitermode" and hover, reestablish satellite connection, andreturn to a predetennined location within the "Designated SafetyZone" and land. 16. Aerial Archives personnel will be easily identifiedby law enforcementpersonnel andthe Publicthrough wearing a green fluorescent orblaze orange vest with Section 333 Grant and PAP A credentialsprominently displayed within a weatherproofcontainer on the persons back. IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command ' Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the Operator operating the aircraft to have completed a sUAS flight training course of25 hours before flying a sUAS (See the Aerial Archives Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraft that carries the pilot andpassengers, the sUAS is remotely controlled with no living thing orcargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO ifapplicable, and all flights are planned and coordinated in advance as set forth in theAerial Archives Manual. The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled Area ofOperation as set 

### qut in the Aerial Archives Manual. Like other civil aircraft, operationsunderthis exemption will betightly controlled and monitored bythe Operator, pursuant to the Aerial Archives Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the Area ofOperation as is currently done on aerial photography operations. The FAA will have advance notice ofall operations as required. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations ofthe sUAS as requested, with an operator who has met the minimum requirements stated in the Aerial Archives Manual, achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b).



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 16-001,>-;·.··14 C.F.R. 91.103: PreflightAction This regulation requires that each Operator in Command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Aerial Archives Manual. These actions will provide an equivalent level ofsafety. 14 C.F. R. 91.119: Minimum/Maximum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with

**a~y** route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoffand vertical landing, which will typically operate at altitudes ofless than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitudes higher than the base ofcontrolled airspace without prior approval and coordination with ATC and will be in a Controlled Area with a "Designated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Aerial Archives Manual for detailedprocedures.) The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well asthe location where it is operated. No flight will be taken withoutthe required permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, as outlined in the Aerial Archives Manual, all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 20 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure separation between sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Aerial Archives Manual and Safety Check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. 14 CFR91.151 (a): Fuel requirements for flight in VFRconditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments as outlined in the Aerial Archives Manual, andhas a limited range and flight time which require an exemption from 14 CFR91.151 (a)


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The battery powering the sUAS provides approximately 20 minutes ofpowered flight. To meet the 30 minute reserVe requirement in 14 CFR §91.151, sUAS flights would necessarily be impossible to conduct. Given the limitations on the sUAS's proposed flight area and the location of' its proposed operations within a predetermined area, a shorter time frame (less than 30 minutes) for flight in daylightornightVFRconditions is reasonable.

- . :· Aerial Archives believes that an exemption from 14 CFR .§91:151(a) falls within the scope of prior exemptions. See Exemption I0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small sUAS, in a controlled area where ()nly people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) wa8 intendedto alleviate given the size and speed ofthe small UAS. An equivalent level ofsafety can be achieved by limiting flights to 20 minutes, 

### otenough battery ·reserveto ensure thatthe sUAS lands atthe ground station with atleast 20%ofbattery power (as determined by the onboard monitoring system and the operator), 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. Similarexemptions have been grantedto otheroperations, includingExemptions 2689F, 5745, I0673, and I0808. 

### 14 CFR91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) & 

### (b): Maintenanceinspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in the subpart E of this part and shaH between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspectormaintainthe aircraftincompliancewith Part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

### will not apply to Aerial Archives. Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as refereneed in the Aerial Archives Manual. An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately even if operating at a maximum of 1200 feet AGL. As provided ·in the Aerial Archives Manual, the operatorwill ensure that the sUAS is in working orderprior to initiating flight, perform required maintenance, andkeep a log ofanymaintenanceperformed. Moreover, the operatoris the person mostfamiliar withthe aircraft and best suitedto maintainthe aircraft in an airworthy condition to providethe equivalentlevel of**s~fety.** Pursuant to C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should_it be determinedthat publication is needed:



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### Pa e 9 AppJicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 CF.R. 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 9'1.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs orless) in aerial photographyoperations. Approval of exemptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. 

### In contrast, a sUAS weighing fewer than 20 lbs. and powered by batteries eJiminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. 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 sUAS, weighing less than 20 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe 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, and in a controlled environment and, as a result, are far safer than conventional operations conducted withmanned aircraft operating in closeproximity to the ground and people. 

### Privacy All flights will occur overprivate or public property with the property owner's prior consent and knowledge. Images taken wi11 be ofindividuals who have also consented to being filmed or otherwise having agreed to be in the areawhere aerial photographywilltake place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation of applicant's sUAS in the aerial photography industry pursuantto theManual appendedhereto.

# cfii~ .Aerial Archives Owner



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