### January 5, 2016
Docket Operations, M-30 U.S. Department ofTransportation (DOT) DocketManagement System 1200 NewJersey Ave., SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Dear Sir orMadam:
Attached please find Best Aerial Photos 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 of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging to include video and still photography. This exemption request is initially for the use of the Phantom 3 Pro sUAS manufactured by 

### :Dn, an established sUAS company and in accordance with the sUAS training and certification program as administered by PAPA.
Also attached to this letteris the equipment "Best Aerial Photos FlightManual" (Manual), which outlines the operating requirements, limitations, and technical specifications for the Dll System as used by Best Aerial Photos; Best Aerial Photos 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 Information Act 5 USC 552 et. seq. Thank you for yourtime and consideration, and please let meknow ifyou have any questions.

Sincerely,

# 11~4 Vincent Vuoto Best Aerial Photos Owner



### ProfessionalAerial Photographers Association-International Section 333 Doc 16-002January 5, 2016
Docket Operations, M-30 U.S. Department ofTransportation (DOT) DocketManagement System 1200NewJersey Ave., SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001
Re: Exemption Request Section 333 ofthe FAAReform Act and Part 11 ofthe Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.15l(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).
Dear Sir orMadam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Best Aerial Photos, an aerial photography and digital imaging company, on behalfofitself and 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 outlined herein or as may be established by 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 Best Aerial Photos during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAPA). Best Aerial Photos 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 of sUAS flight operations. ThePilot In Command (PIC) proposed by BestAerial Photos is an FAAlicensed pilotwith years ofsafe 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) ofthe Reform Act.



### Professional Aerial PhotographersAssociation-InternationalSection 333 Doc 16-002The name and address ofthe applicant is:
BestAerial Photos 12 Hempstead Avenue 4R Rockville Center, NY 11570 PIC-Vincent T. Vuoto, FAALicensedPilot (Commercial SEL, MEL, Instrument) PH: 800-6623686 Email: contact@bestaerialphotos.com · Regulationsfrom whichthe exemption isrequested:
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.P.R. 119 14 C.P.R. 121 14 C.P.R. 91.151 (a) 14 C.P.R. 91.203 (a) & (b) 14 C.P.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.P.R. 409 (a) (2) 14 C.P.R. 417 (a) & (b)



### L STATUTORYAUTHORITY FOREXEMPTIONS
TheFederal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §4010I 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 orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(t) See also 49 USC §4471l(a); 49 USC §44704; 14 CFR §91.203(a) (1).
Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in theNational Airspace System (NAS) withoutcreating a hazard to the user, the public, or a threat to national security. Inmakingthis determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability;
• Whetherthe sUAS operates withinthevisual line ofsight ofthe operator


### ProfessionalAerial Photographers Association-International Section 333 Doc 16-002• Whetherthe sUAS operates outside ofhighly populated areas and away from closeproximity

### toairports
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." 

### Id §333(c)
Best Aerial Photos' 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 tohover, 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 Best Aerial Photos 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 of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS 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.
Given the clear direction in Section 333 ofthe Reform Act, the authority contained intheFederal 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, Best Aerial Photos respectfully requests thattheFAA grantthe requested exemption without delay.

D. 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 of the rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions inlowrisk 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 that otherwise would require direct access ormanned aircraft. Additionally, sUAS could replace the use ofhelicopters and small aircraft to produce imagery for various purposes. The sUAS we propose tofly in this application are less than 20 pounds, and carry no combustible material on board, as opposed to the much larger conventionally


### Professional Aerial Photographers Association-International Section 333 Doc 16-002powered small aircraft. Shifting to sUAS from manned aircraft presents a marked safety increase for ourworkers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS used by Best Aerial Photos use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds oftimes heavier.
III. EQUIVALENT LEVEL OF SAFETYAND SECURITY
Best Aerial Photos 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.
Best Aerial Photos will be bound by the following limitations when conducting its sUAS operations under an FAAissued exemption:
1. The sUAS will beless than 20 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Maximum total flight time for each operational flight will be 20 minutes. The operator calculates battery reserve, and will return the sUAS to the "Designated Safety Zone" with at least 20% battery powerreserve should that occurpriortothe 20 minute limit. 4. Flights will normally be operated at an altitude ofnot more than 400 feet AGL, butneverin controlled airspace withoutpriorcoordination and approval ofATC. 5. Flights will notbe conducted within the surface area ofcontrolled airport airspace without prior coordination and approval ofATC. 6. Flights will notbe conducted within 5 miles ofany uncontrolled airport without prior coordination and approval ofthe airport authority. 7. Crew for each operation will consist ofthe sUAS Operatorwhowill 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 Flight**Manual~** 9. The sUAS will only operate within a confined "Area ofOperations" as defined in the Manual, includingbut not limited to evaluation ofthe airspace by reference to a current 1:500,000 scale FAA Sectional Aeronautical Chart. The Manual also requires the establishment ofa "Designated Safety Zone" for the flight operations area. 10. A briefing will be conducted regardingtheplanned sUAS operations priorto each day's production activities. Itwill be mandatory that all personnel who will beperforming duties within the boundaries oftheDesignated Safety Zone be presentfor this briefing. 11. All onsite personnel will consentto the UAS flyover on site by waiver, and the Operator will obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet ofthe flight operation.



### Professional Aerial Photographers Association-International Section 333 Doc 16-00212. Operatorwill havebeentrained in operation ofUAS generally andwill have received up-todate information on the particular sUAS tobe operated as requiredby the Best Aerial Photos Manual. 13. Necessary written and/or oral permission from the relevant property holders will be obtained. 14. All required permissions and permits will beobtainedfrom territorial, state, country, orcity jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 15. Ifthe sUAS loses communications orloses its GPS signal, itwill have the capability to enter "loiter mode" and hover, reestablish satellite connection, and return to a predetermined location within the "Designated Safety Zone" and land. 16. BestAerial Photos personnel will be easily identifiedby law enforcementpersonnel andthe Publicthrough wearing a green fluorescent orblaze orange vestwith Section 333 Grant and PAP A credentials prominently displayed within a weatherproofcontainer onthe persons back.


### IV. DESCRIPTION OF SPECIFIC REGULATIONS
14 CFR61.113 (a) & 

### (b): Private pilot privileges andlimitations: 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 of 25 hours before flying a sUAS (See the Best Aerial Photos Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no livingthing or cargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicable, and all flights are planned and coordinated in advance as set forth in the BestAerial PhotosManual.
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 of Operation as set out in the Best Aerial Photos Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator, pursuant to the Best Aerial Photos Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the Area of Operation 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 Best Aerial Photos Manual, achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b).



### Professional Aerial Photographers Association-International Section 333 Doc 16-0027



### 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 Best Aerial Photos Manual. These actions will provide an equivalent level of safety.
14 C.F. R. 91.119: Minimum/Maximum SafeAltitudes
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 any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and 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 unesignated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Best Aerial Photos Manual for detailed procedures.)
The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where itis operated. Noflight will betaken without therequired permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, as outlined in the Best Aerial Photos 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 cruising 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 of safety will be achieved by the operator, pursuant to the Best Aerial Photos Manual and Safety Check list, confirmingthe altitude ofthe launch site shown onthe 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 Best Aerial Photos



### Professional Aerial Photographers Association-International Section 333 Doc 16-002

### Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a)
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 daylight ornight VFR conditions is reasonable.
Best Aerial Photos 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 91.15l(a)). Operating the small sUAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.15l(a) was intended to alleviate given the size and speed ofthe small UAS.
An 

### equivalent level ofsafety can be achieved by limiting flights to 20 minutes, orenough battery reserve to ensure thatthe sUAS lands at the ground station with at least 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. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) 

### & (b): Maintenance inspections


### These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in the subpart E of this part and shall 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 inspect ormaintain the aircraft in compliance with Part43.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Best Aerial Photos. Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as referenced in the Best Aerial Photos 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 Best Aerial Photos Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.
Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:



### ProfessionalAerial Photographers Association-InternationalSection 333 Doc 16-002Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R. 4S.23(b); 14 C.F.R. §§ 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) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs orless) in aerial photography operations. 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 eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried
on board. The sUAS will carry no passengers or crew and, therefore, will not expose them tothe 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 with manned aircraft operating in close proximity to the ground and people. Privacy
All flights will occur over private or public property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise having agreedtobe inthe area where aerial photography will take place.
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, oprrating capabilities, proximity to airports and populated areas and operation within visual**lin~** ofsight and national security

- provide more than adequatejustification for the grant of the**~ested** exemptions allowing commercial operation of applicant's sUAS in the aerial photograpl y industty pursuanttothe Manual appendedhereto.

I

## ~i~~rely,l

# /~

# Vincent~~ Best**Aeri~** Photos Owner j

I


### I Professi9nal Aerial Photographers Association-International Section 333 Doc 16-002

i IFEDERAL AVIATION ADMINISTRATION
Public Guidancefor Petitionsfor Exemption Filed under Section 333
This document provides guidance topeople who are interested in submitting a petition for exemption tothe FAAto operate unmanned aircraft inthe National Airspace System (NAS).**Specifically~** this document outlines theFAA's exemption process and describes the information petitioners should submittothe FAAin a petition for exemption. This information will assist the FAAin determining whetherto grantrelieffrom its regulations and will assistthe Secretary of Transportation with determining whetherto grantrelieffrom airworthiness certification requirements underthe FAAModernization and Reform Act of2012, PublicLaw 112-95 FEB. 14:> 2012:> Section 333.

BACKGROUND:

TheFAA's continuing mission is to provide the safest, most efficient aerospace system inthe world. However, theNational Airspace System (NAS) is not static and must constantly adaptto
new technologies and applications, as evidenced by the proliferation ofunmanned aircraft systems (UAS). Because UAS areinherently differentfrom manned aircraft, introducingUAS into the nation's airspace is challengingfor boththe FAA and aviation community.

In theFAAModernization and Reform Act of2012, Public Law 112-95 (P.L. 112-95), Congress mandated the safe and expedientintegration ofUAS intothe NAS.

Forpublic operation- including national, state, and local government agencies, as well as public universities- the FAAissues a Certificate ofWaiver orAuthorization (COA) permitting public agencies and organizations to operate a particularUAS, for a specific purpose, in a designated
area. The objective is toissue a COAwith terms thatensure an equivalent level ofsafetyto manned aircraft operations. Usually, this entails several safety mitigations including, butnot limited to, requiring that the UAnot operate in a congested area and is observed eitherby
someone in a manned aircraft or someone on the ground. Public operators self-certifythe airworthiness ofthe UAS design.

Civil UAS operators have the optionto obtain FAA airworthiness certification. They may apply for a special airworthiness certificate inthe experimental categoryunder Title 14 ofthe Code of Federal Regulations (14 CFR) § 21.191 for the purposes ofresearch and development, crew training, ormarket survey. They may also apply for type certification under§ 21.17(b) (for a standard airworthiness certificate in the special class category) or § 21.25 (for a special airworthiness certificate inthe restricted category).

1Recognizing the demand to expedite integration ofUAS into the NAS, the FAAis developing a regulatory framework for safely integratingUAS into routine NAS operations. The first stage in this process will be accomplished by the small UAS rule.

TheFAA's authority to issue exemptions from operating rules, and the Secretary's authority grantedby Section 333 ofP.L. 112-95, SpecialRulesfor Certain UnmannedAircraftSystems, provide an opportunity to authorize certain UAS operations inthe NAS priortoimplementation ofthe small UAS rule. This incremental step provides a pathway for civil operators who desire safe and legal entry into theNAS.

2

### TERMS OFREFERENCE:

1. Aircraft: any contrivance invented, used, or designed to navigate, orfly in, the air (Title49, United States Code (49 USC) 

### § 40102) 

### 2. National Airspace System (NAS): the common network ofU.S. airspace; air navigation facilities, equipment and services, airports orlanding areas; aeronautical charts, information and services; rules, regulations and procedures, technical information, and manpower and material 

### 3. Operational Control: with respect to a flight, means the exercise ofauthority over initiating, conducting orterminating a flight (14 CFR 

### § 1.1) 

### 4.. Pilotin Command (PIC): the person whohas final authority and responsibility for the operation and safety ofthe flight; has been designated as PIC beforeor during theflight; and holds the appropriate category class and type-rating, ifappropriate, for the conduct ofthe flight (14 CFR 

### § 1.1) 

### 5. Unmanned aircraft (UA): any aircraftthatis operated withoutthe possibility ofdirect human intervention from within or onthe aircraft (P.L. 112-95!> Section 331) 

### 6. Unmanned Aircraft System (UAS): an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that
are required for the pilotin commandto operate safely and efficiently in the national airspace system (P.L. 112-95, Section 331) 

### 7. UAS Certificate ofWaiverorAuthorization (COA): an authorization issued bythe Air Traffic Organizationto an operatorfor a specific unmanned aircraft activity 

### 8. Visual Line ofSight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual contact between a pilot in command and an unmanned aircraft sufficientto maintain safe operational control ofthe aircraft, know its location, and be able to scanthe airspace inwhich 

### itis operatingto see and avoid other airtraffic or objects aloft oronthe ground

3INTRODUCTION:

Section 333 grants the Secretary ofTransportation authority to determine: 1. Ifanunmanned aircraft system, as a result ofits size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight does not create a hazard tousers ofthe national airspace system orthe public
orpose a threatto national security; and 2. Whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under 49 USC§ 44704, is required for the operation ofunmanned aircraft systems identified under paragraph (1). Although Section 333 provides limited statutory flexibility relative to49USC 

### § 44704 and 

### § 44711 for the purposes ofairworthiness certification, itdoes not provide flexibility relativeto other sections of49 USC orFederal Aviation Regulations.
For example,§ 44711 requires that all aircraft, including UAS, beregistered in accordance with part47 oftheregulations and mustprovide identification markings in accordance with part45, Subpart C.
BecauseUAS are aircraft, they are subjecttothenoise certification and testingrequirements of part 36. However, ifa determination is madeunder Section 333 that an airworthiness certificate is not required, noise certification and testing will also notberequired for the subjectaircraft for the term ofthe exemption. When the finding required by Section 333 cannot bemade, the requirements ofpart 36 continue to apply.
Section 333 does not provide flexibility for the statutoryrequirementtohold an airman certificate under§ 44711. Thereforethe PIC, whohas final authority and responsibility for the operation and safety oftheUAS flight, must possess the appropriate airman certificate as prescribedby 14 CFRpart 61· for the proposed operation and the appropriate medical certificate
as prescribedby 14 CFR part 67.
Furthermore, the Transportation Security Administration (TSA) conducts security screenings of certificated airmen. UAS operations authorized under Section 333 will only be conducted by airmen with valid airmen certificates, which have been screened by TSA, thereby meetingthe statutory requirement in Section 333 for operations tonotpose a threatto national security.

Because Section 333 provides limited relieffrom certain certifications orauthorizations, UAS operators must comply with all other applicable regulations concerningthe operation ofaircraft unless otherwise exempted bythe FAA.

UAS operations conducted for purposes otherthan hobby orrecreation are subjecttothe regulations in 14 CFR. In addition topetitioningfor thereliefafforded under Section 333, UAS

4

### operators must petition for exemption from regulations applicable to the specific circumstances oftheir operations with which they believethey are unable to 

### comply. If

### a petitionerhas any questions with regard to the applicability ofFederal Aviation Regulations, s/he is encouraged to discuss with FAA officials priorto submitting an exemption request Priorto commencing operations, the operator will need to obtain an exemption and a COA from the FAA. More infonnation aboutthe exemption process is available here. Additional guidance for preparing petitions for exemption under Section 333 authority and applying for COAs is providedbelow.
The FAA will only grant exemptions for UAS underthe operational control ofthe petitioner (person or organization). Exemptions will not be grantedto a UAS manufacturerunless the manufacturerintends to maintain operational control ofthe UAS.

PREPARING A PETITIONFOREXEMPTION:


### The FAA's mission is to provide the safest, most efficient aerospace system in the world. The
use ofaircraft that have notbeen subjectto an airworthiness certification process may introduce unique safety risks with respectto the NAS thatmustbe appropriately mitigated priorto authorizing operation. In 

### orderfor the FAA to consider apetition for exemption, the petition must meetthe requirements of 14 CFR § 

### 11.81. In 

### orderto make an effective evaluation ofthe requested relief, the FAAwill need to analyze the petitioner's proposedUAS operation with regard to safety. The following information will be considered in making that evaluation: 

### Regarding the UnmannedAircraftSystem 1. Petitioners should describe how the proposed UAS operation will be safely conducted to minimize riskto the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition orin an Aircraft FlightManual or similar document. NOTE: The FAA will consider all infonnation and data submittedby the petitionerthat describes the UAS developmental and operational history. This could include statistical dataorother documentation for the specific design and performance characteristics ofthe UAS, including the operational history and operational failure modes, obtained through previous Research & 

### Development (R&D) and/or flight test activities, e.g. operations conducted under a COA, 

### with a civil airworthiness certificate, orunder other authorized operating conditions. 2. Petitioners should describe any procedures they would implement, such as pre-flight inspections, maintenance, and repair, to ensurethatthe UAS is ina condition·for safe flight. This could be provided in the petition, an AircraftFlightManual, a Maintenance and Inspection Manual, or similar document.

5NOTE: TheAircraftFlightManual and Maintenance and Inspection Manual may be separate documents orcombined in a single document 3. The petitioner should describe the Radio Frequency (RF) spectrum used for control ofthe UAS and associated equipmentthat is part oftheUAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. NOTE: Petitioners should be able toprovidethe FCC approval letter or show compliance with FCC requirements upon request. Regarding the UnmannedAircraftPIC

4. Petitioners should describe the qualifications required ofany PIC(s) who will be directly responsible for the operation ofthe UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; and any minimum hours offlight experience required bythePIC(s), both total flight time and thetime with the particular UAS. Ifthe operation would use visual observers, petitioners should describe their roles and qualifications. 5. Petitioners should describe the medical standards and certification ofthe PIC(s) directly responsible for the operation ofthe UAS.
Regarding the Opetation of the UnmannedAircraft

6. Petitioners should fully describetheirintended UAS operation(s). Petitioners should describe howtheproposed operation(s) would not adversely affect safety, orhowthey would provide a level ofsafety atleast equivalent to thatprovidedby the rule from which exemption is sought. Petitioners should address any plans toimplement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both inthe air and onthe ground. This can be described inthe petition, in an Operations Manual, or similar document. NOTE: The FAAwill closely examinethe proposed operation(s) with respect to safety offlight, NAS safety considerations, and the safety ofthe non-participating persons and property during the operational period and within the operational
area. 7. Petitioners should specifythe proposed maximum operating speed and altitude, and describe minimum flight visibility and distance from clouds for theirintended operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposedconditions. Theseissues can be addressed inthepetition,
an Operations Manual, or similar document. 8. Petitioners should describe the characteristics ofthe area ofintended operation(s) and the associated potential hazards, in accordance with the statutory mandateunder Section 333

6

### regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document. 9. Petitioners should describe iftheyintendto operate in the proximity ofany airports, in accordance with the statutory mandate under Section 333 regarding proximity to airports. 10. The UAS mustbe operated within visual line-of-sight (VLOS), in accordance with the statutory mandate under Section 333(b)(I). Petitioners should describe how they intend to comply with his mandate. 11. Petitioners should describe any procedures they would implementfor conducting a preflight safety risk assessmentto determine that the UAS is in a condition for safe flight (14 CFR § 

### 91.7(b)) and thatthe planned operation can be completed safely. These procedures can be addressed in the petition, an AircraftFlightManual, Operations Manual, or similardocument. 12. If

### petitioners intend to 

### conduct operations which have existing requirements to notify Flight Standards District Offices (FSDOs) priorto operations- such as motion picture and television filming, or pipeline and powerline patrol -petitioners should describe their intended coordination in this regard for their proposed operation(s). 13. The FAA intends to 

### require entities who obtain an exemption underthis process to also obtain a Certificate ofWaiver or Authorization (COA) from the FAA Air Traffic Organization priorto conducting operation(s) in theNAS. The COA application is available here.
In seeking authorization, petitioners will require exemptions from regulations with which they cannot fully comply. The table below provides guidance regarding regulations from which a petitionermay require exemption. However, some proposed operations may require exemption from regulations not listed here, while others may notrequire exemptionfrom all regulations listed here. 14 CFR SUMMARY OFREGULATION PART

91.105 91.109 instruction 91.119 Minimum safe altitudes 91.121 Altimeter**settltn~s** 91.151 Fuel requirements for flights in VFR conditions 91.405 Maintenance**reQ'WO:~Cl** 91.407 Operation aftermaintenance 91.409 Inspections 91.417 Maintenance records

"J? P'\T Q/?(i/")01A. 

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### FILINGA PETITION FOREXEMPTION:

A petition for exemption isprepared and filed in accordance with 14 CFR § 11.81. The regulations in 14 CFRestablish appropriate safety standards for aircraft, operators, and crewmembers. Ifa proposed operation canbeperformed infull compliance with aviation safety regulations, an exemption is notroutinely granted.

To allowtheFAAtothoroughly evaluate each request, petitioners should allow at least 120 days for processing and review ofany exemption requests.

Petitions forExemption and any supporting materials should be submittedusing any ofthe following methods:
(1) Federal eRulemakingPortal: Gotohttp://www.regulations.gov and follow the online instructions for sending your comments electronically (a petition is submitted as a comment); or (2) Mail: Send your petition toDocket Operations, M-30; U.S. Department ofTransportation (DOT), 1200NewJersey Avenue, SE., Room W12-140, WestBuilding Ground Floor, Washington, DC 20590-0001; or (3) HandDelivety or Courier: Take yourpetition toDocket Operations in Room W12-140 ofthe WestBuilding Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Mondaythrough Friday, exceptFederal holidays; or . (4)Fax: Fax yourpetitiontoDocket Operations at202-493-2251.

Ifyou already have received a docket number, you mustreferencethatdocket numberin your request.

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