1 January 25 th 2016

Mr. James Williams Manager, Flight Standards Service Unmanned Aircraft Systems Integration
Office Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

U.S. Department of Transportation, Docket Operation West Building Ground Floor, Room 12-40 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Request for Section 333 Exclusion Exemption

Dear Mr. Williams:

Fine Aperture Photography, respectfully requests a nd exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to
assist in the evaluation of real es tate property for our clients. This request is motivated primarily by the interest in the buying public to be able to inspect photos in size a nd scope that allows for an intelligent decision making process in the evaluation of the pr opose purchase of real estate. While an exemption
would not eliminate the current n eed for in-person visual inspection of the pr oposed property it would allow a broader scope of the evaluation. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA Modern ization and Reform Act of 2012 (Modernization Act),

1. Provided that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems.

2. A summary of this request suitable for publicat ion in the Federal Regi ster is provided as Appendix A.

3. Appendix B provides the manufacturers information regarding the design, aircraft performance, and fail-safe f eatures. We have provided manufacturer information related to operati ng limitations, normal and emergency procedures, and maintenance and inspecti on procedures. As we add aircraft designs, we will update this appendix appropriately.

4. Appendix C provides the Operations Training Manual for flights covered under this Exemption Request.

1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifical ly contemplates that the F AA may issue a certificate of waiver upon a finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proxi mity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security. Fine Aperture Photography Jean-Claude Gureghian

16120 4 th Avenue N Plymouth MN 5547-3616

Phone Number: 763-923-4218

sUas Certificate Numb er FA33WHTTA
One DJ1 PHANTOM 2 VISION
Docket ID: FAA-2015-6024 Issued 12/21/2015 Expires 12/20/20182 Background Information

Fine Aperture Photography is in the business of Photogra phy service for Real estate brokers, home sellers, commercial real estate brokers, public works department, and City communication departments. Fine Aperture Photography Clients look to us for safe operations of sUAS. We have developed sp ecific safe UAV Operat ional Procedures.

As part of this business procedure Fine Aperture Photography is requesting FAA Exemption for sUAS operations for safet y, inspection and video capture usage.

Regulatory Basis for Exemption Request In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, provi ding that the petitioner shal l explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underlying regul ation. In this case, approval of this exemption would advance the public interest by si gnificantly enhancing the safety and efficiency of infrastructu re operations and by providing the FAA with valuable user experience on sUAS in a cont ext with appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled c onditions, thus ensuring that operations will not have an adverse impact on safety. To the contrary, as explained below, Fine Aperture Photography anticipates that use of sUAS will enhance safety in infrastructure operations. Granting an Exemption is in the Public Interest. The safety and efficiency of infrastructure operations is heavily dependent upon cons tant analysis of assets, right-of-way,
infrastructure and other assets/facilities. There are a wide variety of factors that can affect conditions and cause problems for infrastruc ture. Even relatively small objects or minor
failures can lead to accidents or other inci dents causing downtime of infrastructure. Extreme weather events can lead to flooding or overheating infrastructure. For example earthquakes, landslides, and abandoned ve hicles at grade crossings can block infrastructure. The potential for sabotage and terrorism – or even just trespassing – are also among the many risks that modern infrastructure faces.

As a result, pursuant to federal regulations and company policy, our client’s maintenance employees routinely inspect the infrastruct ure, such as bridges, tunnels, support structures, and signals. At pres ent, this work is done primarily by company personnel in motor vehicles, on foot, in specialized equipm ent. This is often a labor-intensive and sometimes arduous job. While our clients do all th ey can to make these inspections as safe as possible, there is an irreducible elemen t of risk involved whenever employees are required to go out on structures. Employees may need to climb over or onto structures, which can be slippery, rough, and/or exposed to the elements. Some structures, such as bridges, are high above the ground. Equipm ent moving through in spection zones can increase risk as well, especially in hi gh-traffic areas. While the use of sUAS for supplemental infrastructure and genera l asset evaluation would not eliminate These risks entirely (as it is an additive safety measure), it would reduce the risks to employees by allowing for remote aerial review.

Additionally, the sheer amount of assets and the widely disp ersed locations – in many3 instances far from sizeable population centers – means that visual inspection in all instances by company personnel can be ineffi cient. Aerial analysis by traditional fixed wing aircraft is impractical because the require d altitudes for safe f light reduce visibility below meaningful levels – it is simply not po ssible to see all asset anomalies from such heights. Helicopters present better vantage points; however manned helicopters are much more costly, subject to human safety and carry highly explosive jet fuel making them impractical for deployment. By using sUAS for supplemental asset evaluation, Fine Aperture Photography will be able to substa ntially upgrade its capacity to detect and address issues with the right-o f-way and other assets before they become a problem for safe operations. Thus, the use of sUAS has the potential to improve e fficiency, resulting in faster and safer delivery of goods, energy & na tural resources vital to the U.S. economy.

Granting an Exemption will not adversely affect Safety Fine Aperture Photography notes that there is no applicable standard for an equivalency determination. Some have argued that the appropr iate standard is that for model aircraft, noting that their operations, if conducted fo r recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that
there is sufficient correla tion between model operations controlled by the Academy of Model Aeronautics and the ones contemplat ed by Fine Aperture Photography. At the same time, it is clear that equivalency cannot be established for trad itional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely a ffect safety. Fine Aperture Photography contemplates conducting sUAS operations over client owned or controlled land, solely during daylight hours, at altitudes well belo w that which would pose a risk to other aircraft. In general, sUAS operations are inte nded to be conducted in areas distant from both congested areas and airports. The nature of operations anticipat ed by Fine Aperture Photography requires that the sUAS be flown at relatively low altitudes and relatively low speeds. Fine aperture photography expects that in most instances, the sUAS will be flown less than 75 feet from the highe st structure along the path of the sUAS. Accordingly, the
risk of interference with anothe r aircraft is minimal. Fine aperture photography also plans to conduct sUAS operations at least three miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airport, Fine Aperture Photography will inform the airport ope rator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic
control at th at airport.

Approval of exemptions allowing commercial op erations of sass in the infrastructure aerial inspection industry will enhance safety by reducing risk. Conventional operations, using jet or piston power aircra ft, operate at extremely low a ltitudes just feet from the subject being inspected and in extreme proxi mity to people and structures; and present
the risks associated with vehicles that weigh in the neighborh ood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gall ons for jet helicopters). Such aircraft must fly to and from the inspection site. In cont rast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack
of combustible fuel carried on board. The s UAS is carried to the inspection site. The4 sUAS will carry no passengers or crew and, th erefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conduc ted in the strict conditions outlined above, will provide an equi valent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial
Operations. These lightweight aircraft operate at slow speed s, close to the ground, and in a controlled environment and, as a result, ar e far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Fine Aperture Photography initially intends to use Jean-Claude Gureghian for sUAS operations. All operations will be within visual line-of-sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PIC)).
Each PIC will conduct at least three take-offs and landings with the sUAS on which he or she is trained every 90 days. PIC’s will establis h their qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and verification through testing of flight ability before infrastructures operations have commenced. Depending on the type of operation, additional ground-based visual observers may be employed as well. These
observers will be within constant visual line of sight and in constant contact with the PIC. The visual observers will assist the PIC in avoiding objects near the sUAS.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as describe d in this application does not depend on the type of FAA license held by the PIC. Given the restricted and cont rolled airspace within which operations will take place, the key fact ors needed by the PIC are knowledge of the airspace within which the operation will take pl ace and how that airspace fits into the National Airspace System (NAS). That knowledge can be and is gained primarily through ground school and not through fli ght training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercia l or private pilot’s certificate. Those certificates demonstrate knowledge of the factor s and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a helic opter or fixed wing airc raft, has the skill or ability to safely operate a small unmanned aer ial vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. Besides knowledge of airspace regulations, dexterity in the control and operation of the sUAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of those in the area of operation. We propose that the PIC has at least an
FAA Private Pilots Certificate and a Class II I medical; the aircraft be operated within a secure environment; and that no one be allowed to enter the secure environment unless they are part of the operation, have been fully brie fed of the risks prior to operation of the sUAS,
and have consented to the risks associated with being in the operating area. Should there be a mishap, the sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no5 flammable fuel, do not carry crew or passengers , and pose an infinitesimal risk to others.
This is in stark contrast to conventional aircraft that are fl own to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger area.

From a practical standpoint, th ere are relatively few licensed fu ll-scale aircraft pilots who are also qualified to fly the type of sUAS that are utilized for infrastructure image-capture operations. There are even fewer commercial pilo ts that can fly these sUAS – to the point
that to do both is considered rare. Assumi ng that it is unlikely for a company to find a pilot that has both qualifications that compa ny would either have to source a qualified sUAS pilot to train and obtain a commercial cer tificate, or find a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level required for professional use.

Minimum requirements for the PIC include: 1) A minimum of 200 flight cy cles and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); YES 2) A minimum of 5 hours as sUAS pilot wi th the make and model of sUAS to be utilized for operations unde r the exemption and - 3 take offs and landings in the preceding 90 days; -

Fine Aperture Photography intends to us e commercially available sUAS Components for sUAS. These sUAS systems will be tested for quality & safety in our test facility before being deployed to the field. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates ex clusively within a secured area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see Appendix B , for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H In accordance with the statutory crit eria provided in Section 333 of PL 112--

‐ 95 in reference to 49 USC 44704, and in consider ation of the size, weight, speed, and limited operating area associated with the airc raft and its operation, we request that this aircraft exemption meets the cond itions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft Given the size of the sUAV, two-inch letteri ng will be impossible. UA will be identified by serial number, registered in accordance wi th 14 CFR part 47, and have identification (N--

‐ Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness Fine Aperture Photography’s request is based on the fact that no ai rworthiness certificate will be issued for the UAS. Fine Apertu re Photography UAS will not require an
airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact
that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not

necessary.6 Notes Regarding: 14 CFR § 91.9(b)(2) Civil ai rcraft flight manual, marking & placard Certifications required, the origin al intent of these regulations was to display an aircraft’s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the re quested relief from 14 CFR §§ 91.9(b) (2) and 91.203(a) and (b) is not necessary.

Notes regarding: §91.109 Flight instruction; Si mulated instrument & certain flight tests Small UASs, by their design, do not have fully functional dual controls . Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Aircraft being consid ered for use by Fine Aperture Photography allow the UAS Instructor to place the aircraft in to ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing cont rol, the UAS Instructor can quickly and via alternate equipment (equipment not in the hand s of the student) place the aircraft into a
mode that then allows the instru ctor to bring the aircraft back into control and back to the pre- determined and/or safe landing location. Fine Aperture Photography does not describe training scenarios in which a dual set of
controls would be utilized or required, i.e. dual flight in struction, provided by a flight instructor or other company-designated indi vidual that would require that individual to have fully functioning dual controls. Rather , Fine Aperture Photography evaluates the qualification of its PICs based on their expe rience with the UAS to be operated and verifies through testing, in lieu of formalized training. As such, Fine Aperture Photography does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b) , operation over congested areas, is not applicable, because the Fine Aperture Photography’s ope rations will only be conducted within the
secured area described herein.

FINE APERTURE PHOTOGRAPHY Safety Operations & Procedures Overview:

Technology Considerations: Best-in-class, tried and proven technologies that are in advanced iterations. Software from highly-reput able industry partners will include features -

1. Auto descent (landing) if communicatio n signal were to be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre-determined location within the Security Perimeter and land.

2. Auto descent (landing) if battery we re to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we can monitor the scene from th e vehicle's perspective for collision avoidance, and to maintain spatial orientation.

5. The sUAS will have the capability to abort a fli ght in case of unpredicted obstacles or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all times: sp eed, altitude, number of GPS satellites7 (when available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) link failures occur (hi ghly improbable), vehicle returns automatically to the point of launch.

8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a groundbased on-screen display. This altitude information will be generated by equipment installed on board the airc raft, using GPS triangulation, or digitally encoded barometric altim eter, or radio altimeter, or any

combination thereof. Prior to each fli ght, a zero altitude initiation point will

be established and confirme d for accuracy by the pilot.

Mechanical/Physical:

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus elimin ating the concern of signal severance (flying behind objects/walls).

2. The sUAS will weigh less than 55 lb s. and travel at less than 50 knots.

3. Batteries should far exceed the capac ity required for actu al flight time.

4. Flights will be operated at an a ltitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lip batteries onsite.

6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherw ise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, director)

2. Radio spectrum analysis for interfere nce on the frequencies utilized for

vehicle control/communication.

3. A briefing will be con ducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure that only consenti ng persons will be allowed within 100 feet of the flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be
obtained.

7. Pilot and observer will have b een trained in operation of UAS generally and received up-to-date inform ation on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other aircraft8 will require a new petition or a pe tition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures speci fied in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PI C’s FAA-issued medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO
and PIC must be able to comm unicate verbally at all times.

6. The operator’s manual included as Appendix C and this petition of exemption must
be maintained and made available to the Administrator upon request. If a discrepancy
exists between the conditions and limitati ons in this exemption and the procedures outlined in the operator’s manual, the conditi ons and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also presen t updated and revised documents if it petitions for extension or am endment. If the operator dete rmines that any update or
revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacte d if questions arise regarding updates or revisions to the operator’s manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condi tion that affects the safe operation of the UAS, the aircraft is prohibited from operati ng until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight in spection. All maintenance and alterations must be properly docum ented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must 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 reco rds of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer ’s UAS aircraft/component, maintenance, overhaul, replacement, inspecti on, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements9 must be established and identified in the ope rator’s manual. At a minimum, requirements for the following must be included in the operator’s manual:

a. Actuators / Servos;
b. Transmission (single rotor);

c. Power plant (motors);
d. Propellers;

e. Electronic speed controller;
f. Batteries;

g. Mechanical dynamic components (single rotor);
h. Remote command and control;
i. Ground control station (if used); and j. Any other components as determined by the operator;

10. The Pilot in Command (PIC) must possess at least a private pilot certificate and at
least a current third-class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an ai rcraft in which the PIC is rated on his or her pilot certificate.

11. Prior to operations conducted for the purpose of infrastructure inspections, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours of to tal time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a si milar UAS type (single blade or multirotor). Prior documented flight experience that wa s obtained in compliance with applicable regulations may satisfy this requirement. Tr aining, proficiency, a nd experience-building flights can also be conducted under this peti tion of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential for f light operations are considered nonparticipants, and the PIC

must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to operations conduct ed for the purpose of infras tructure inspection, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating th e make and model of UAS to be utilized for operations under the exemption and three take-offs and three landings in the preceding 90 days. Training, proficiency, experience- building, and take-off and landing currency flights can be conducted under this petition of exemption to accomplish the required flight time and 90 day currency. During training, prof iciency, experience-building, and take-off and landing currency flights all persons not esse ntial for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accord ance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be do cumented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight10 demonstration, administered by an operato r-approved and -qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there ar e no established practical test standards that support a jurisdictional FAA FSDO evaluati on and approval of company designated examiners, the petitioner will conduct these te sts in accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting perso nnel. At all times, those persons must be essential to the operations.

17. Regarding distance from nonparticipating pe rsons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the infrastructure inspection operations. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the infrastructure inspection area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc. ) from debris in the event of an accident.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security peri meter and land or be r ecovered in accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain an Air Traffic Orga nization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this petition of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

22. All aircraft operated in accordance with th is exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in servi ce of the UAS. These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption m ust comply with all manufacturer Safety

Bulletins.11 25. The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight inspectio n must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with th e Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. At least three days before scheduled infrastructure inspection, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed infrastru cture inspection. The 3-day notification may be

waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS infrastructure
Inspection operations conducted under this petition of exemption;

c. Name and phone number of the person responsible for the on-scene operation of the UAS;

d. Make, model, and serial or N-number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the infrastructure inspection event;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the infrastructure inspection event; the list of those who gave permission must be made available to the inspector
upon request;

g. Signature of exemption-holder or representative; and

h. A description of the flight activity, in cluding maps or diagrams of any area, city, town, county, and/or state over wh ich infrastructure inspection will be conducted and the altitudes essential to accomplish the operation.

29. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents

must be made available to the Administrator or any law enforcement official upon request.

30. The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limite d to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted duri ng night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

32. The UAS may not be operated by the PIC from any moving device or vehicle.

33. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.12 34. The UA may not operate in Class B, C, or D airspace without written approval from theFAA. The UA may not operate within 5 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 letter of agreement with the airport management must be made available to the Administrator upon request.

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume operations is provided.
Support for Petition for Exemption In accordance with the procedural require ments of 14 C.F.R. §11.81, Fine Aperture Photography provides the following information:

Contact Information: Jean-Claude Gureghian Fine Aperture Photography

16120 4 th Avenue N Plymouth MN 5547-3616

Phone Number: 763-923-4218 jcgureghian@gmail.com

Regulatory Provisions from which FI NE APERTURE PHOTOGRAPHY seeks an Exemption

Fine Aperture Photography believes it may need an exemption from the following provisions to conduct the contemplated operatio ns. In some instances, relief is needed because relief from another provision rende rs compliance with the regulation at hand
infeasible. 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c)
14 C.F.R. §91.121
14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) (1) & (2) 14 C.F.R. §91.417(a) & (b)

Fine Aperture Photography believes an exemp tion is only needed from the above-listed regulatory provisions. To the ex tent that the FAA believes that additional relief is required for Fine Aperture Photography to conduct the operations described here, we request an exemption from any such regulatory provisions as well. 3

__________________________________________

3 For example, 14 C.F.R. §91.417(a) impos es certain maintenance record keep ing requirements “as applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and w ill require an exemption, Fine Aperture Photography believes a separate ex emption should not be required for §91.417(a). The Extent of Requested Relief and the Reasons Relief is Needed13 Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the Requirement for an airworthiness certificat e based on a consideration of the size, weight, speed, operational capab ility of the particular UAS, as well as its proximity to airports and populated areas. An analysis of th ese criteria demonstrates that the sUAS operated without an airworthiness certificat e in the areas and under the conditions contemplated by Fine Aperture Photography will be at least as safe, or safer, than a conventional aircraft (fixed wing or rot orcraft) operating with an airworthiness

certificate without the conditi ons proposed in this request.

The sUAS is less than 55 lbs. fully loaded , carries neither a p ilot nor passenger, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conduc ted in compliance with the FAA and with local public safety requirements to provide security for the area of operation as is now done with conventional equipment, infrastructure, bri dge and out building evaluation. These safety enhancements provide an expanded degree of safe ty to the inspectors over conventional operations. Lastly, application of these same criteria demonstrates that

there is no credible threat to national s ecurity posed by the sU AS, due to its size, speed of operation, location of operation, l ack of explosive materi als and inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, this meets the requirements of an equivalent level of sa fety under Part 11 and
Section 333 of the Reform Act. The Fede ral Aviation Act (49 U.S.C.§44701 (f)) and
Section 333 of the Reform Act both authori ze the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airpor ts and populated areas of the particular sUAS. In all cases, an analysis of these cr iteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at l east as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges an d limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate ma y act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an
aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command
of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment.

Fine Aperture Photography an ticipates initially using one person specially trained14 staff to conduct the sUAS operations. While th ese individuals will not hold commercial pilot licenses. The sUAS will not carry propert y for compensation or hire since they will be used solely to assist in evaluation of the infrastructure, equipment, right-of-way, assets, bridges, tunnels and out-buildings in furtherance of Fine Ap erture Photography’s client’s primary business, the successful operation of a infrastructure; however, the employees’ operation of the sUAS will not be in cidental to their employment with Fine Aperture Photography, and they will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, elimin ating the risk to othe r aircraft, and within a geographical envelope under the sole contro l of Fine Aperture Photography clients. Accordingly, the risk would be limited to Fine Aperture Photography personnel, who will be appropriately outfitted in safety gear, and Fine Aperture Photography client’s property on the ground. Requiring a commercial pilot certificate would pr ovide no appreciable safety benefit and would needlessly im pose additional cost on Fine Aperture Photography Because the contemplated opera tions would not comply with §61.113(b) (1) and none of the other exceptions to paragr aph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c) §91.119 Minimum safe altitudes: General. Except when necessary for takeoff orlanding, no person may operate an
aircraft Below the following altitudes:

*** (c) Over other than congested areas. An al titude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 f eet to any person, vessel, vehicle, or

structure.
***** Fine Aperture Photography submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset ev aluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The anticipated ro torcraft operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surf ace. As noted in the explanation of why an exemption will not adversely affect safe ty, Fine Aperture Photography clients has
exclusive use of the land over which the sUAS will be operated, and public access is
restricted. It also has exclusive use of significant portions of land adjacent to the
infrastructure and structures that will be the objects of evaluation and analysis. Fine Aperture Photography Clients tightly control acce ss to land and have the ability to assure
that no individuals unassociat ed with the planned operations are on the affected land. As such, the risk of injury is minimal. Fine Aperture Photography does not contemplate15 conducting operations over congested areas, so relief is not request ed from paragraph (b).

14 C.F.R. 91.121 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operati ng an aircraft to maintain cruising altitude by reference to an al timeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

***** As the sUAS may not have a barometric al timeter, 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 Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude information will be generated by eq uipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometr ic altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions. (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landi ng and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes. (b) No person may begin a flight in a ro torcraft under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

***** Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i. e., that an aircraft could
run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of un anticipated conditions. Fine Aperture Photography does not intend to use the sUAS for point-to-point f lights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, Fine Aperture Photography will operate the sUAS us ing pre-planned flight paths (taking into account weather conditions) desi gned to allow the sUAS to fly to the point of intended landing. As such, there is no need for a time - based excess fuel requirement. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1) & (2) and 14 C.F.R. 91.417(a) & (b) §91.405 Maintenance required. Each owner or operator of an aircraft – (a) Shall have that aircraft inspected as prescribed in subpart E of this part andshall between requjred inspections, except as provided in paxagraph (c) ofthis
section, have discrcpancies rcpaired as prescribed in part 43 ofthis chapter; **rt* *

S91,407 Operation after maidtenance, preventive maintenance, rebuilding, or alteration.
(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or alteration unless



## - (1) It has been approved for retum to seflice by a person authorized under

S43.7 ofthis chapter;

S91.409 Inspections. (a) Except as provided in paragraph (c) ofthis section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had



## _ (1) An annual inspection in accordance with part 43 ofthis chapter and has

been approved for retum to seNice by a person authorized by $43.7 ofthis
chapter; or (2) An inspection for the issuance ofan airworthiness certificate in

accordance with part 

### 2l ofthis chapter. *,r.*'i *

S91.417 (a) 

### & (b)

* 

### +***

Fine Aperture Photography believes that an exemption from these three
maintenance rcquirements is appropriate because the 

### IAA has not developed

maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a SUAS for rctum to seftice undet

$9 1 .407(a) or to conduct the 

### idtial airworthiness and annual return to service inspections required by $91.409(a). Fine Aperture Photography will maintain the aircraft as instructed in the owner's manual and ASTM F2909, where applicable, and will not
operate the aircraft until it has reasonably determined that any needed repafus have been
made. However, because ofthe technical impossibility ofmeeting the requirements 

### of
$$91.405(a), 407(a), 409(a) and 417(a) & (b), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address provided above should you have any questions or concerns.

Respectfu lly submitted,

Fine Aperture Photography CEO



### Appendix 

### A

Summary for Federal Register Publication

1617 Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA dete rmine that publication is needed?

Petitioner: Fine Aperture Photography

Sections of 14 C.F.R. Affected : 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a) & (b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Ai rcraft Exemption Status, 14 C.F.R., 61.113(a) & (b)), 91.119( c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a),
and 91.417(a)&(b) to conduct sUAS operations over FINE APERTURE PHOTOGRAPHY
Client’s owned or controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of infr astructure and operations. In general, sUAS operations are
intended to be conducted in areas remote fr om both congested areas and airports. The nature of operations anticipated by FI NE APERTURE PHOTOGRAPHY requires that the sUAS be flown at relatively low al titudes. FINE APERTURE PHOTOGRAPHY expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, the risk of interference with other aircraft is
minimal.



### Appendix B

Specific type(s), make, model and specifications



## PHANTOM 2 VISION+

AIRCRAFT

Supported Battery DJI 5200mAh Lip Battery Weight (Battery & Propellers included) 1242g Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity 200°/s18 Max Tillable Angle 35° Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s (Not Recommended) Diagonal motor-motor distance 350mm



### CAMERA

Operating Environment Temperature 0 °C -40 °C

Sensor size 1/2.3" Effective Pixels 14 Megapixels

Resolution 4384×3288 HD Recording 1080p30 & 720p Recording FOV 110° / 85°



### RANGE EXTENDER

Operating Frequency 2412-2462MHz Communication Distance (open area) 500-700m

Transmitter Power 20dBm Power Consumption 2W



### GIMBAL

Working Current Static : 750mA; Dynamic : 900mA Control Accuracy ±0.03°
Controllable Range Pitch : -90°

- 0° Maximum Angular Spee d Pitch : 90°/s



### REMOTE CONTROL

Operating Frequency 5.728 GHz

- 5.85 GHz
Communication Distance (open area) CE Co mpliance: 400m; FCC Compliance: 800m Receiver Sensitivity (1%PER) -93dBm Transmitter Power CE Compliance: 25mW; FCC Compliance: 100mW Working Voltage 120 mA@3.7V Built-in Lip Battery Working Current/Capacity 3.7V, 2000mAh



### RANGE EXTENDER

Operating Frequency 2412-2462MHz Communication Distance (open area) 500-700m

Transmitter Power 20dBm Power Consumption 2W1920 

### Appendix C

Please see the attached Confid ential & Proprietary: Drone Fleet & Aerospace Management, Inc.
Flight Operation & Proc edures Manual (FOPM)



## #2 --- DJI Phantom 2

See Attached Flight Manuals: DJI Phantom 2 User Manual

NAZA

--- Flight Control System_v1.26



# CAUTION

This product is not suitable for people under the age of 18. Please carefully read th e "Quick Start Guide", "User Manual", "Disclaimer", and fully watch the tutorial videos before using the PHANTOM. Users should make every effort to fly regularly in order to improve their flight skills as an advanced level pilot. Please fly safely and responsibly.

Please follow these guidelines prior to flying your Phantom:

1. Always turn on the Remote Controller prior to turning on the Phantom.

2. Toggle SL, S2 to the top.
3. Be sure there are no distractions when you’re flying.

4. When starting your training, be sure you are in a ve ry large open area. Be aware of your surroundings.

Always fly in areas void of obstacles and away from traffic and people.21 5. Before actually taking off, be sure you have ca librated the compass and you have full GPS satellite

reception (Slow Contin uous Green Flashing).

6. Never fly higher than 400 feet.

7. During training, stay behind your imaginary barrier and never fly behind yourself. (;) When in doubt,

gently pull down on the throttle stick and land.

8. DO NOT PANIC.

CAUTION

FORBIDDEN

NO TOUCH Nose

Tail22 

### ( Basic Flight Maneuvers

Rotate left, rotate right but try to keep the battery pointed at yourself.



## ,, A

I I



### Basic Flight Maneuvers

Take off and land with battery facing you.

Hover in one spot keeping battery facing you, make sure to control Left/Right/Forward/Back

movement23 Mark a spot (8) on the ground oft away from the Phantom's

Slowly fly forward/back/left/right with back of Phantom pointed at your

Hlf.

Fly forward to a spot 2030 feet away. Then fly back keeping the battery pointed at yourself.

take off point. Hover and fly towards that spot and land at the spot (B) Then go back into a hover and bring the Phantom back to its original position (A) and land again.24 ; 

### '

_ 

## Basic F li g h t 

## Maneuv e r

s

Do the same as above but fly the 4 point box formation counter-clockwise. Be sure to be in control and stop and hover in place at each point before proceeding to the next point.



## _ _ _ _ _ 

# ...,..

_



## ,

"' " / '

_ _ take-off



# .25 

### , '



### , 

### Skilled Flight Maneuvers

In a hover, starting with the battery pointed at yourself, rotate 360 degrees

counter-clockwise.

Starting with the battery pointed at yourself, go into a hover. Then rotate the Phantom 90 degrees facing left, and fly a 4 point s quare re box formation going clockwise. Be sure to be in control and stop and hover in place at each point before proceeding to the next point.

'
'

'

'
'

' '26 

### Skilled Flight Maneuvers

Starting with the battery pointed at yourself, go into a hover. Then rotate the Phantom 90 degrees facing right, and fly a 4 point square box formation going counter-clockwise. Be sure to be in control and stop and hover in place at each point before proceeding to the next point.

Hover with the aircraft nose pointed at yourself and try to keep the Phantom in one place.27 Fly a circle and keep the ai rcraft nose pointed towards you. Be sure to keep the altitude the same and the circle as uniform as possible. 

### Advan ced Fl i ght M aneuvers

Fly a 4 point square box clockwise and rotate the phantom in the direction of travel.



# - - - - - - - I ' '

'



# - - - - - - - - - - '



# - Fly a 4 point square box counter-clockwise while keeping the aircraft nose facing in your direction.



### Advanced Flight Maneuvers28 Fly a circle counter-clockwise and keep the aircraft Nose pointed in the direction of travel. Be sure to keep the altitude the same and the circle as uniform as possible.



# --- :

Fly a circle counter-clockwise with the aircra ft nose pointed at the center of the circle. Be sure to keep the altitude the same and the circle as uniform as possible

.29 

### Advanced Flight Maneuvers <** *)

Fly a figure 8 without rota ting the Phantom. Be su re to keep the altitude

the same and the circle as uniform as possible.

F ly a Figure 8 with the aircraft nose of the Phantom pointed in the direction of travel. Be sure to keep the Altitude the same and the circle as uniform as possible

.

Fly Figure 8 patterns while experimenting with different orientations. For example, aircraft nose always pointed in a given direction or opposite/left/right the direction of travel, etc. Be sure to keep the altitude the same and the circle as uniform as possible.30 

### Emergency Situations

Return Home & Land Mode Be sure you are in a large open area. Before you take off, make sure you have a good GPS lock by ensuring your LED indicators are flashing Green. Fly the Phantom at least 50ft away from your take off point. Turn off the Remote

Controller. The Phantom will enter its failsafe Return-To-Home Mode. Let the Phantom finish its routine and land itself within 2 meters of the take off point.

15 meters

Intercepting Return Home & Land Mode Be sure you are in a large open area. Before you take off, make sure you have a good GPS lock by ensuring your LED indicators are flashing Green. Fly the Phantom 50ft away from your take off po int. Turn off the Remote Controller. The

Phantom will enter its failsafe Return -To-Home Mode. When the Phantom is returning home, you can intercept RTH Mode by switching the SL Switch from the top position to the middle or lower position, then continue flying the Phantom.