## CURRAN 

## &CURRAN LAW

90 N. Coast Hwy 101, Suite 103. ENCINITAS. CALIFORNIA 92024 TELEPHONE 760.634.1229 FACSIMILE 760.634.0729



### July24, 2014

U.S. Department ofTransportation Docket Management System 1200 NewJerseyAvenue SE Washington, D.C. 20590 MICHAEL D. CURRAN, ESQ., ATP SUSAN M. CURRAN, ESQ.



### Re: Exemption Request; Section 333 ofthe FAA Modernization & 

### Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 61.113 (a) 

### &(b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & 

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

### &(b).
Dear Sir or Madam: Petitioner hereby petitions the Secretary ofTransportation and Federal Aviation Administration ("FAA") for exemption to the above referenced and below more fully described Federal Aviation Regulations, ("FARs") that currently may or may not applyto the recreational/business operations of model aircraft including small unmanned aerial vehicles/systems ("SUAVs").
1. Prefatory Statementto Petition
In June, 1981, the FAA published an advisory circular, AC 91-57, (an advisory publication giving non-regulatory information/guidance. Advisory circulars do not create or change regulations and are not binding on the public.) AC 91-57 was entitled "Model Aircraft Operating Standards" and gave non-regulatory suggestions to model aircraft operators on suggested procedures for operating their models. This was the sole publication bythe FAAwhich addressed model aircraft and SUAVs forthe next nearly 25 years. In September2005, the FAA appeared to turn its attention toward unprecedented attempts at regulating model aircraft specificallythe more modern SUAVs. The FAA, forthe firsttime in history nowtermedthese devises as Unmanned Aerial Systems ("UAS") seeminglyto align with their attempts at enforcement. The FAA published "AFS-400 UAS POLICY 05-01

- Unmanned Aircraft Systems Operations in the U. S. NationalAirspace System- Interim Operational Approval Guidance." This interim internal FAA memo expressly confirms that "[t]his policy is not meant as a substitute for any regulatory process." Still, it purported to "require" a Certificate of Authorization ("COA") orWaiverto use SUAVs. The new FAA policy relied on legal/regulatory "authority" on the non-regulatory, AC 91-57.
Ill

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### In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. The 2007 Policy Statement starts by defining ".unmanned aircraft" as "a device that is used, or intended to be used, forflight in the airwith no onboard pilot" and it purported to include "a remotely controlled model airplane used for recreational purposes." The FAAtermed these devices UAS and then purported to articulate the new FAA "policy" for "UAS" operations was that "no person may operate a "UAS" in the National Airspace System without specific authority." Forthe firsttime ever, the 2007 Notice purported to articulate two new alleged "rules": (1) Model aircraft can no longer be operated for a "business" purpose; and (2) a Model aircraft operated for a business purpose requires a COA, or special Certificate ofOperating Authority and therefore is subject to the FARs. Thereafter, beginning in 2007, and continuing to present, apparently based on these two new FAA internal "policies" and without citing to any actual federal law, or FARs, the FAAthen sent various cease and desist notices to model aircraft SUAV operators describing the COA process and threatening to impose a $10,000 fine ifthey did not complywith the new FAA policies which the FAA indicated created a "ban" on using SUAVs for any "business purpose."
In 2012, following the FAA's attempts to regulate using internal policy memos, Congress enacted the Federal Aviation Administration Reform and Modernization Act, ["FRMA"]. The FRMA allows the Secretary ofTransportation to "exempt" SUAVs from existing Federal Law, FARs to the extent anyfederal law or FAR actually currently applies to SUAVs.
As the Secretary/FAA are no doubt aware, these issues are presently pending before the NTSB'sfull panel ofJudges in Pirkerv. FAA, Docket No. CP-217. Pending the NTSB president setting decision in the Pirkercase, Petitioner respectfully makes this request as suggested bythe FMRA and the FAA. See http://www.faa.gov/news/ press_releases/news story.cfm?newsld=16294. In the only other case in historywhere the FAA's attempts to regulate Model Aircraft!UAVs has been tested, in Texas Equuisearch v. FederalAviationAdministration, the U.S. Court ofAppeals forthe District ofColumbia Circuit, Case No. 14-1061, the Court ruled that FAA informal email/mail orders attempting to enforce its Model Aircraft!UAVs internal policies are not legally binding.
Petitioner at all times has and operates his SUAVs following the safety guidelines ofAC 91-57.
2. Petition for Exemption
With the above preface, pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 ("FMRA") and 14 C.F.R. Part 11, Burnz Eye View, Inc., developer and operator of Small Unmanned Aerial Vehicles ("SUAVs") equipped to conduct aerial photography/Inspection/ included but not limited to the following; Business Operations: over land, water-ways, and oceans; operation over/in non-restricted National Parks, National Forests, flight in non-navigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted U.S. States/Territories hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its SUAVs, so long as such operations are conducted within and underthe

-2-conditions outlined herein or as may be established by the FAA as required by Section 333.
As described more fully below, the requested exemption would permitthe operation ofSUAVs under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) controlled as to access. The exemption would also provide safety enhancements to the already safe operations within the aerial photography, film and television industry presently using conventional aircraft and small, unmanned and relatively inexpensive SUAVs. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to"

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe FMRA.


### 3. Name and Address ofthe Petitioner
Burnz Eye View, Inc. Attn: Mark Burns Ph: 619-450-1908 Email: office@burnzeyeview.com Address: 699 N. Vulcan Avenue, Suite 113, Encinitas, CA 92024


### 4. Regulations Petitioner Petitions for Exemption, IfSuch Regulations Apply to SUAVs

14 CFR Part 21 14 C.F.R. 91.109 14 CFR 91.405 (a) 14 C.F.R. 45.23(b) 14 C.F. R. 91.119 14 CFR 407 (a) (1) 14 CFR 61.113 (a) 

### &(b) 14 C.F.R. 91.121 14 CFR 409 (a) (2) 14 C.F.R. 91.7 (a) 14 CFR 91.151 (a) 14 CFR417 (a) 

### &(b) 14 CFR 91.9 (b) (2) 14 CFR 91.203 (a) 

### &(b) 14 C.F.R. 91.103
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system ("NAS") before completion ofthe rulemaking required under Section 332 ofthe FMRA. In making this determination, the Secretary is required to determinewhich types ofSUAVs/UASs do not create a hazard to users of the NAS, orthe public, or pose athreatto national security in light ofthe following:
A. The SUAVs size, weight, speed, and operational capability; B. Operation ofthe SUAVs in close proximityto airports and populated areas; C. Operation ofthe SUAVswithin visual line ofsight ofthe operator. FMRA §333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." /d. §333(c) (emphasis added). The Petitioner interpretsthis provision to place the duty on the Secretary/FAA
-3-Administratorto not only process applications for exemptions undersection 333, butfor the Secretary/Administratorto affirmatively craft conditions forthe safe operation ofthe SUAVs, if it should be determined thatthe conditions setforth herein do notfulfill the statutory requirements for approval.
The Federal Aviation Act expressly grants the Secretary/FAAAdministratorthe authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as theterm is defined under §40101 oftheAct, which currently may or hereafter may include SUAVs, from the requirementthat all civil aircraft must have a current airworthiness certificate.
The Secretary/FAAAdministrator may grant an exemption from a requirement of a regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Secretary/FAAAdministratorfinds the exemption in the public interest. 49 U.S.C. §44701(f). 

### See also49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).
The Burnz Eye View, Inc.'s SUAVs are multi-rotorcraftequipped with an on board NAZA computerstabilization controller and GPS, weighting 55 lbs or less and mosttypically less than 20 lbs., including camera/payload. They operate, under normal conditions, at speeds of5-40 KIAS and at a speed of no morethan 50 KIAS and have the capabilityto hoverand move in the vertical and horizontal plane independently/ simultaneously. Theywill operate in line ofsight and will operate onlywithin the areas described herein. Such operations will insure that the SUAVswill "not create a hazard to users ofthe NAS orthe "public" as described in the FMRA §333(b). Given the small size ofthe SUAVs involved, and the limited environmentwithin which theywill operate, the Petitionerfalls squarelywithin thatzone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofSUAVSto commence immediately. Also, dueto the size ofthe SUAVs and the restricted areas in which the relevant SUAVs will operate, approval ofthe application presents no national security issue. Given the clear direction in FMRA §333, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts (including reduced emissions associated with allowing SUAVs forfilming operations ratherthan full-sized aircraft, the grant ofthe requested exemptions is in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grantthe requested exemption without delay.
5. Limitations and Conditions
The Petitioner proposes thatthe exemption requested herein be issued pursuant the limitations and conditions listed herein. These conditions/limitations provide for an even higher level ofsafetyto operations underthe current regulatory structure which applyto actual certificated aircraft because the proposed operations represent a safety enhancementto the alreadyvery safe SUAVs filming operations conducted by recreational SUAVs and conventional aircraft.



### -4-These limitations and conditions to which Burnz Eye View agrees to be bound when conducting business/commercial operations underthis FAA issued exemption include:
A. The SUAVs maximum take-offweight ("MTOW") will be less than 55 lbs., usually less than 25 lbs.
B. Flights will be operated within the line ofsight ofthe Operator and/or observer. Maximum total flight time for each operational flightwill be 60 minutes or less. Flights will be terminated and not less than 10% battery power reserve, which should that occur priorto the 60 minute limit. C. The Operator maydesignate and supervise anotherexperienced SUAV operatorto operate the SUAVs subjectto the supervision and direction ofthe Operator.
D. Flights will be operated at an altitude of no morethan 500 feet above ground level ("AGL") underneath navigable airspace. Minimum crewfor each business operation will consist ofthe SUAVs' Operator, the Visual Observer/Camera Operator, if required forthe operation. Flights will not be operated in Class A, B, C, or D airspace but may be operated in class E and G airspace, provided the SUAVs Operator/Observer maintainsvisual line ofsightwith the SUAVs and safe separation from actual certificated aircraft in the airspace.
E. Briefing will be conducted in regard to the planned SUAVs operations priorto each day's production activities. Itwill be mandatorythat all personnel who will be either Operator orvisual observer/camera operator be presentforthis briefing. The Operatorwill reviewweather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. The SUAVs and batteries to be used will be safety inspected priorto flight using appropriate checklists.
F. The Operatorwill attemptto obtain the consent ofall persons involved in the filming and ensurethat only consenting persons will be allowed within 25 feet ofthe flight operation.
G. Operator and observer/camera operatorwill have been trained in operation of SUAVs generally and received up-to-date information on the particular SUAVs to be operated.
H. Operatorand Observer/Camera Operatorshall at all times during flight operation, be in directvoice/radio communication.
I. Written and/ororal permission from the relevant property holders may be obtained. All required permissions and permits may be obtained from territorial, state, county orcityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. Ifthe SUAVs loses communications or loses its GPS signal, the UAS will have capabilityto return to home/pre-determined location within the Security Perimeter and land.
J. The SUAVswill havethe capabilityto abort a flight, in case of unpredicted obstacles oremergencies. The Operatorshall carry/use appropriate LIPO battery

-5-protective bags and fire extinguishing equipment.


### 6. Description ofRegulations Which May Apply From Which Petitioner Requests Exception 14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the SUAVsto be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe FMRA. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe FMRA both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular SUAVs. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed.
The SUAVs to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a limited flight area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored bythe Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already applyto civil aircraft provide a greaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe UAS due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load.


### 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft
The regulation requires; When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft neareach entranceto the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, thewords "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.
Even though the SUAVswill have no airworthiness certificate, an exemption may be needed as the SUAVs will have no entrance to the cabin, cockpit or pilot station on which theword "Experimental" can be placed. Given the size ofthe SUAVs, two-inch lettering will be impossible. Theword "Experimental" will be placed on the fuselage in compliancewith §45.29 (f). The equivalent level ofsafetywill be provided by having the SUAVs marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the SUAVswill see the identification ofthe SUAVs as

-6-"Experimental." The FAA has issued the following exemptionstothis regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A.


### 14C.F.R. § 61.113 (a) 

### &(b): Private Pilot Privileges and Limitations: Operator.
Sections 61.113 (a) 

### &(b) limit private pilots to non-commercial operations. Becausethe SUAVs is unmanned and will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the Operator operating the aircraftto have a FAA ground school course ratherthan a commercial pilot's licenseto operatethis small SUAVs. Unlike a conventional aircraft that carries the pilot and passengers, the SUAVs is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety provided bythe requirements included herein exceed that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the SUAVs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe SUAVs as requested with a private pilot as the Operator exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).


### 14C.F.R. §91.7(a): Civil aircraftairworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Asthere will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraft and the requirements contained herein for the use ofsafety check lists priorto each flight, an equivalent level ofsafetywill be provided.


### 14 C.F.R. § 91.9 (b) (2): 

### Civil Aircraft Flight Manual in the Aircraft.
Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

.. (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.
The SUAVS, given its size and configuration has no ability or placeto carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacityto carry such an item on the aircraft.
The equivalent level ofsafetywill be maintained by keeping the SUAVs operation manual and appropriate checklists atthe ground control pointwherethe pilot flying the SUAVswill have immediate access to it. The FAA has issued the following exemptionsto this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.


### 14 C.F.R. § 91.103: Pre-flight action

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### This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafetywill be provided as setforth hereinabove. The Operatorwill take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight using appropriate checklists.
14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. SUAVs and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa radio transmitterthat communicates with the aircraftvia a receiver in the SUAVs. The FAA has approved exemptions forflighttraining withoutfully functional dual controls for a number of aircraft and forflight instruction in experimental aircraft. See Exemption Nos.5778K

### & 9862A. The equivalent level ofsafety provided by the factthat neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. This exemption is for a SUAVS and the exemption requests authorityto operate at altitudes up to 500 AGL underneath navigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an exemption may be needed to allow such operations.
The equivalent level ofsafetywill be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flightwill be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, attempts will be madeto contact all affected individuals regarding the planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far more than the maximum 551bs. proposed herein, and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the low-altitude operations ofthe SUAVs will ensure separation between these SUAVs operations and the operations ofconventional aircraftthat must complywith Section 91.119.
14 C.F.R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure." As the SUAVs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption

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### may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

### Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to flyafterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes."
The battery powering the SUAVs provides approximately between 10-60 minutes ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, SUAVs flights would be limited to approximately 10 minutes in length. Given the limitations on the SUAVs proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight or night VFR conditions is reasonable.
Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See 

### Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the SUAVs in controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes offlight operation time, does not give rise to the type of risks that Section 91.151 (a) was intended to alleviate particularly given the size and speed ofthe SUAVs. Additionally, limiting SUAVflights to 20 minutes would greatly reduce the utilityforwhich the exemption will be granted.
Petitioner believes that an equivalent level ofsafety can be achieved by limiting flights to 60 minutes or no less than 10% of battery power, whichever happens first. This restriction would be more than adequate to return the SUAVs to its planned landing zone from anywhere within its limited operating area. Similarexemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration


### The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew.



### -9-The SUAVsfully loaded weighs no morethan 55 lbs and typically less than 20 lbs. And is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the SUAVs.
An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the operator/pilotflying the SUAVswill have immediate access to them, to the extentthey are applicable to the SUAVs. The FAA has issued numerous exemptionsto this regulation. A representative sample ofotherexceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797

### A, 9816A, and 10700.


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

### (b): Maintenance Inspections
These regulations require that an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph©ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given thatthese section and Part43 apply only to aircraftwith an airworthiness certificate, and the requirements ofpre-flight inspection required herein, these sections will not applyto the applicant. Routine and pre-flight maintenancewill be accomplished bythe operator. An equivalent level ofsafetywill be achieved because these SUAVs are very limited in size and will carry a very small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the SUAVs can land immediately and given its small size poses very little risk to persona or property. The operatorwill ensure thatthe SUAVs is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 

### Ill 7. Publication Summary
Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:
Petitionerseeks an exemption from the following rules:
14 C.F.R. §21, subpart H; 14 C.F.R 45.23(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); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a SUAVS vehicle (551bs or less) forAerial Photography Operations. Approval ofexemptions allowing commercial operations ofSUAVs for aerial photography/Inspection forthe following; Business Operations: over land, water-ways, and oceans; operation over/in non restricted National Parks, National Forests, flight in non-navigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted US States/Territorieswill enhance safety by reducing risk. Conventional film operations, usingjet or piston power aircraft, operate at extremely low altitudes, just

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### feet from the subject being filmed, and in extreme proximityto people and structures; and presentthe risks associated with vehicles thatweigh in the neighborhood of4,000 lbs., carrying large amounts ofjetA or otherfuel. In addition such actual certificated aircraft mustfly to and from the film location. In contrast, a SUAVs weighing fewerthan 55 lbs., and powered by batteries ratherthan fuel, eliminates virtually all ofthat risk. The SUAV is driven/carried to the film set, notflown. The SUAVS will carry no passengers or crew and, therefore, will not expose any crew to the risks associated with manned aircraftflights. The operation ofSUAVs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide at least an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the Petitionerfrom the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a line ofsight, relatively sterile environment and are, as a result, far saferthan conventional operations conducted with actual aircraft/helicopters operating in close proximityto the ground and people.


### 8. Privacy
All business/commercial fl.ights which occur over private orcontrolled access propertywill be with the property owner's prior consent and knowledge. Filming will be of people who have also consented to being filmed orotherwise have agreed to be in the area where filming will take place. Petitionerwill not infringe on any individual or landowner privacy rights.
Limited nighttime operations may be conducted. Nighttime as defined FARs in Section is as follows 1.1. "Night means the time between the end ofevening civil twilight and the beginning ofmorning civil twilight, as published in the American AirAlmanac, converted to local time." Night operations may be conducted bythe SUAVs following the guidelines above and provided such operations have sufficient lighting so that Petitioner/Operator maintains visual line ofsight. Allowing SUAVsthis exemption will provide afar safer nighttime filming alternative to the current full size aircraft operations. 

### 9. Conclusion
The FAA's purported "ban" on business/commercial Model Aircraft!UAVs operations has actually had the current effect ofcausing American skies to be less safe. There are many actual certificated pilots who are exceptionally qualified to fly model aircraft!SUAVswith their model aircraft!SUAVs experience, private, commercial orATP pilottraining, licenses and instructor ratings. However, these experienced operators and licensed pilots familiarwith the FARs, airspace and safe operating procedures are currently reluctantto commercially operate model aircraft!SUAVs or be involved, forfear ofthe FAA seeking an enforcement action againstthem ortheir actual pilot's licenses. Presently, during the pendency ofthese issues in the Pirkercase, it defies safety or regulatory logic that according to the FAA's current alleged "ban" on business operations ofSUAVs, your average enthusiastic 12 yearold, who's well meaning Father bought him a quadcopter SUAV equipped with a camera, can operate his SUAV

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### wherever he wants and take whatever recreational video/pictures subject onlyto the suggestions of FAAAC 91-57 and yet an FAA certificated private/commerciai/ATP pilot cannot be paid to use far higher quality and equipped SUAVs to take an aerial photo, search for missing persona or aerially inspect afarmer's field, despitethe significant improvement in safety over non-pilots operating SUAVs recreationally and real aircraft used for aerial photography. Satisfaction ofthe criteria provided in Section 333 ofthe FMRA of2012, and requiring the SUA V's Operatorto have or obtain medical a certificate and an actual pilot's license and considering the small size, weight, speed, operating capabilities, limited operations in proximityto airports and populated areas and operation within visual line ofsight and national security- all ofwhich provide more than adequate justification forthe grant ofthe requested exemptions allowing business /commercial operation ofapplicant's SUAVsfor aerial photography/inspection as requested herein.
Ifthis firm can be ofanyfurther assistance in processing this request, oryou have any otherquestions orconcerns, please do not hesitate to contact me directly, in writing.

cc: JamesWilliams, FAA Les Dorr, FAA, Allison Duquette, FAA

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