### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmaiI.com 

### November 3, 2015

US Department ofTransportation, Docket Operations West Building, Ground Floor, Rm. 

### wl2-140 1200 New Jersey Ave, SE Washington, DC 20590

Re: FAAExemptionRulemaking Section 333 ofthe FAAReform Act and Part 11- 14 C.F.R. § 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a) & 

### (b) 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a) & 

### (b)
Dear Sir orMadam:
I, Bradley H. Casdorph, a sole proprietor for Timeless Imagery Photography, andbeing a certified Private Pilot- Airplane Single Engine Land (Appendix A), am requesting an exemption from the Federal Aviation Regulations ("FARs") listed below and pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11 so that I may commercially operate a small ultra-light weight unmanned aircraft system ("UAS"), specifically the DJI Phantom 3 Professional, quad- copter Unmanned Aircraft or equivalent and ground station-based equipment and crew for the purpose ofgeneral contract photography I videography, cinematography, inspections, and surveying.

I have been an FAA-certified Private Pilot since July 17, 2007. I am also a Registered Professional Engineer and Professional Land Surveyor, in good standing, in the State of West Virginia. I am applying for this exemption to allow me to legally perform aerial photography/videography contract work for commercial land development, institutional land and architectural development, real estate transfers, private individuals, photography/videography organizations, and other entities that may desire aerial photography/videography services. As a Private Pilot, I understand the importance ofpre-flight, in-flight, and post-flight safety measures to ensure public safety. As a pilot of a UAS, all VAS-pertinent safety and risk management measures as specified in the FAA's Risk Management Handbook shall be complied with.
A grant ofmy exemptionrequest bythe FAA wouldpermit operation ofthe above-specified UAS in predetermined areas and within the limits and specifications set forth in this document. All flights shall be logged and recorded to minimally include the date and time of flight, name of pilot (PIC) and Visual Observer (VO), address or location ofthe flight, duration offlight, weather conditions, and "flight notes" to include the maximum altitude and speed along with signatures of the PIC and VO. A copy ofthe images shall also be retained for a minimum of 12 months from the date offlight.

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### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmail.com
In summary and in accordance with this request of exemption as authorized and outlined by the FAA under section 333(c) of the Reform Act specified for use of UAS' for general contract purposes, I, Bradley H. Casdorph, will adhere to all FAA regulations at all times and shall conduct all flight operations in strict compliance and safety protocols as mandated and required by regulations and best practices. I request the grant ofexemption to operate the above specified UAS for commercial purposes as described inthis request and as allowable by law. This grant of exemption will allow me to offermy services to commercial land developers, real estate agencies, private individuals, and any other organization requiring aerial photography/videography who does not have the required knowledge, experience, or certifications to operate a UAS safely and in compliance with FAA regulations. The essence of this application is that I, Bradley H. Casdorph, meet and exceedthe FAA's expected competency for piloting my UAS for commercial purposes and that my UAS meets and exceeds the safety requirements set forth by the Secretary ofTransportationtherebypromptingmyrequest for COAunder section 333.


### 1. ContactInformation:
Timeless ImageryPhotography BradleyH. Casdorph 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph@hotmail.com



### 2. The specific sections of 14 C.F.R. I seek exemption from are:



### • 14 CFR21; 

### • 14 C.F.R. 45.23(b); 

### • 14 CFR 61.113 (a) & (b); 

### • 14 C.F.R. 91, et seq.; 

### • 14 CFR407 (a) (1); 

### • 14 CFR409 (a) (2); and, 

### • 14 CFR417 (a) & (b)



### 3. The extent and reason ofreliefI seek: I, Bradley Hall Casdorph, am seeking relieffrom existingFARs that currently prohibit my use ofUASs from operating commercially for thepurpose ofaerial photography/videography in accordance withthe FAAModernization and Reform Act of2012 112 P.L. 95 § 331-334. TheReform Act Subtitle B: Unmanned Aircraft Systems

- (Sec. 332) "Requires the Secretary to develop a planto accelerate safelythe integrationby September 30, 2015, ofcivil unmanned aircraft systems (UASes, or drones) into thenational airspace system." Page 2 of9

### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmail.com Accordingly, I attest that my personal qualifications, as well as my ultra-light weight UAS, meet the definition ofsuch approved drones (UAS) as defined in Section 331 and allows for exemption status consideration. Further, I humbly request that I be allowed to commercially operate myUAS during the time period the FAA is further establishing rules andregulations governing the operations ofsuch craft.
The Secretary ofTransportation has been asked by Congress to, among other things, considerwhether certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe National Airspace System orthe public orpose a threat to national security in light ofthe following:

• TheUAS's size, weight, speed, and operational capability; • Operation oftheUAS in closeproximityto airports and populated areas; and • Operationofthe UAS within visual line ofsight (VLOS) ofthe Pilot and VO Accordingly, all flights will be conducted by a PIC and aVO in accordance with FAAPolicy N 8900.227 Section 14 Operational Requirements for UASs" and withthe following restrictions:

a. All aircraft will be made with a UA Gross weight oflessthan 55 pounds (my

exemptionrequest is for an aircraft less than 5 lbs.) b. All flights will occur only during daylight hours. c. All flights will occur at orbelow 400 feet AGL d. 5 nautical miles from an airport having an operational control tower; or e. 3 NM from an airport with a published instrument flight procedure, but not

an operational tower; or f. 2 NM from an airport without a published instrument flight procedure or an

operation tower; or g. 2 NM from a heliport with a published instrument flight procedure. h. For safety, no flight with winds over 10 mph. i. Flight only in GPS mode that allows UAS to hover in place whenradio

controls are released. All operations to beconducted in GPS mode only



### 4. How my request will benefit the public as a whole:
Aerial photography is a critical component ofmarketing commercially available property, safercommercial inspections, and general photography. Withtoday's high-tech Internet market and ever demanding consumer, it is more important than ever for realtors to stay ahead ofthe curve byutilizing any and all available technology to grab the attention ofthe consumer. Theuse ofUAS for these photography/videography services is significantly safer than capturing similar Page 3 of9

### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmail.com
data utilizing manned aircraft, most notably at elevations within this exemption request (below 400 AGL). Byusing the specified UAS noted above to perform aerial acquisitions, the riskto life and property in the air and onthe ground, which is usually associated withtraditional manned aircraft flight operations, will be practically eliminated. Additionally, conducting aerial acquisitions withthe DJI Phantom 3 Professional UAS, instead ofmanned aircraft, will greatlybenefit thepublic by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. In closing, there are not enough certified UAS pilots to coverthe demand for these photos/videos, which ultimately results inuntrained/unqualified operators and increased risk due to lack ofsafety knowledge

. 

### 5. Reasons why the exemptionwould not adversely affect safety; or how the exemption would provide a level for safety atleast equal to the existing rule:
Anexemptionwould not adversely affect safety becausethis application applies only to aircraft characteristics and applications withinFAA specified limitations. These limitations provide for at least an equivalent safety standard. However, my experience as a certified Private Pilot allows me to utilize my experience in UAS operations thereby exceeding safety and improving airspace operations by allowing aerial imaging clients to choose an experienced pilotthat has the knowledge and skills necessary to pilot an aircraft safely and within regulated limits. In addition, byprovidingunmanned services to the market place, there will be less ofa demand for manned operations, which will provide for safer and quieter residential photography.
As previously stated, all flights will be conductedby a PIC and VO in accordance with FAAPolicy N 8900.227 Section 14 "Operational Requirements for UASs" and withthe following restrictions:

a. All aircraft will be made with a UA gross weight ofless than 55 pounds b. All flights will occur only during daylight hours c. All flights will occur at orbelow 400 feet AGL d. 5 nautical miles from an airport having an operational tower; or e. 3 nautical miles from an airport with a published instrument flight procedure, but not an operational tower; or f. 2 nautical miles from an airport without a published instrument flight procedure or operational tower; or g. 2 nautical miles from a heliport with a published instrument flight procedure. h. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit 1. Extensive, pre-flight briefings are required betweenthe PIC and VO j. A flight planis required prior to each flight k. All aircraft operations must be conducted within manufacturer recommended specifications 

### l. All sitepermissions must be obtainedpriorto flight Page 4 of9

### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph@hotmail.com



### 6. A summarythatthe FAA maypublish inthe FederalRegister:

a. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and TheLike.
14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates inrelation to FAR §91.203(a)(1). The size, weight and enclosed operational area ofmy UAS permit exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. TheFAA is authorized to exempt aircraft from the airworthiness certificate requirement underboththe Act (49 U.S.C. §44701 (f)) and Section 333 ofthe Reform Act. Bothpieces oflegislation permit the FAAto exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My current andprojected UAS's meet or exceed each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no suchcertificate will be applicable inthe form contemplatedby the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no onboardpilots orpassengers, and giventhe size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining such manuals on location withthePilot. TheFAAhas previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level ofsafety will be achievedbymaintaining any such required certifications and registrations with the Pilot.


### b. 14 C.F.R. 

### § 45.23: Marking ofThe Aircraft. Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit orpilot station on whichto mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smallerthat minimal lettering requirement. Regardless, I will mark its UASs in the largest possible letteringbyplacing the word "EXPERIMENTAL" onits fuselage as required by 14 C.F.R. §45.29 (f) so that I, Page 5 of9

### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmail.com
thepilot, or anyone assisting me as a spotter with the UAV will see the markings. TheFAA has previously issued exemptions to this regulationthrough Exemptions Nos. 8738, 10167, 10167A and 10700.



### c. C. 14 C.F.R. 

### § 61.113: PrivatePilotPrivileges andLimitations: PIC.
Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, Bradley Hall Casdorph, can achieve an equivalent level ofsafety as achieved by current Regulations because myUAS does not carry any pilots orpassengers. Further, I do possess anFAApilot certificate, which helps my remote control piloting skills and factors inmy experience inassessing any flight risks. Therisks attended to the operation ofmy UAS is far less thanthe risk levels inherent inthe commercial activities outlined in 14 C.F.R. § 61, et seq. thus, allowing me to operate myUAS and meet and exceed current safety levels inrelation to 14 C.F.R. §61.113 (a) & (b).


### d. D. 14 C.F.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119 prescribes safe altitudes for the operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certainconditions. My UAS will never operate at an altitude greaterthan 400ft AGL. I will also operate my UAS in safe areas, providing a level ofsafety at least equivalent to orbelow those inrelation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmyUAS, an equivalent orhigher level ofsafety will be achieved.



### e. E. 

### 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

### (b): Maintenance Inspections.
The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided inparagraph (c) of this section, have discrepancies repaired as prescribed inpart 43 ofthis chapter.

.



### " These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my UAS. However, as a safety precautionI inspect myUAS before and after each flight.
A Summarythe FAAMayPublish inthe Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR 

### § 91.203(a)(l). The size, weight and enclosed operational area ofmyUAS permit exemption from Part 21 because my UAS meets an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAAis authorized to exempt aircraft from the airworthiness certificate requirement underboththeAct (49 U.S.C. 

### § 44701 (f)) and Section 333 ofthe ReformAct. Bothpieces oflegislation Page 6 of9

### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-01 02 bcasdorph@hotmail.com 

### permit the FAA to exempt 

### VAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets orexceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable inthe form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. §91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An 

### equivalent level ofsafety will be achieved bymaintaining a manual. The FAAhas previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved.
In 

### summary I, Bradley Hall Casdorph, request that the FAA grant my exemption request and further volunteer any information gathered during flights in

### the event the FAAis interested in live field data. I do agree to attest to adhere to any further limitations the FAA imposes, now or in the future. Satisfaction of the current criteria provided in Section 333 ofthe Reform Act of 2012- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation ofmy UAS for commercial purposes. I look forward to support the FAA and UAS community in its quest to establish proper regulations and protocols for the safe introduction ofunmanned aircraft into the national airspace.

Sincerely,

Bradley Hall Casdorph, PS PE

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### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-01 02 bcasdorph®hotmail.com


# APPENDIX-A

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### Timeless Imagery Photography Bradley H. Casdorph, Sole Proprietor 124 Edwin Street Morgantown, WV 26501 304-322-0102 bcasdorph®hotmail.com



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