September 22, 2014

United States Department ofTransportation Docket Management System 1200 NewJerseyAve., SE West Building Ground Floor Room W12-140 Washington, DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act of2012

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and C.F.R. Part 11, First Flight Photography LLC, owner and operator ofSmall Unmanned Aircraft Systems (UASs), requestto be exempted from the Federal Aviation Regulations (FARs) listed below so that First Flight Photographymay operate UASs commerciallyin airspace regulated bythe Federal Aviation Administration; as long as such operations are conducted within and under the conditions outlined herein or as maybe established bythe FAA as required by section 333.

First FlightAviation LLC, is co-owned by Philip Leone and John Kahrs who

are both professional Pilots with Airline Transport Pilot privileges. Both owners have flown for the United States Air Force and major airlines for decades with a combined total ofover 17,000 mishap free hours. Philip Leone is a graduate ofthe Air Force Aircraft Mishap Investigation Course and is a current ChiefofSafety in the New York Air National Guard. All UAVoperations will be in accordance with First Flight Photography's Standard Operating Procedures (SOPs) or as established bythe FAA.

The Name and address ofthe applicant is:

First Flight Photography, LLC Attn: Philip Leone Phone: 845-527-5728 Email: takeflight@firstflightphotography.com Address: 610 Broadway, #353 Newburgh, New York 12550

As described below, the requested exemptionwould permitthe operation of lightweight (less than 55 lbs total take offgross weight) UASs under controlled conditions for commercial use by professional certificated pilots therebyenhancing safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.First Flight Photographyrespectfullyrequests the grant ofan exemption to the following specific sections ofthe Title 14 Code offederal Regulations allowing it to operate lightweight UAS's for commercial use:

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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).

First Flight Photography submits this application in accordance with the Reform Act, 112 P.L. 95 331-334, seeking relieffrom any currentlyapplicable FAR's operatingto prevent First Flight Photography's future commercial use of small UASs to operate in the national airspace system as described below. The Reform Act Section 332 provides for such integration ofcivil unmanned aircraft systems into

our national airspace system as it is in the public's interestto do so. First Flight Photography's lightweight UASs meetthe definition of "small unmanned aircraft" as defined in section 331 and therefore the integration ofFirst Flight Photography's lightweight UASs are expressly contemplated bythe Reform Act. First Flight Photographywould like to operate its lightweight UASs priorto the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 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 NAS or the public or pose
a threatto national securityin light ofthe following:

• The UAS's size, weight, speed and operational capability

• Operation ofthe UAS in close proximityto airports and populated areas
• Operation ofthe UAS within visual line ofsight ofthe operator

Reform Act 333 (a). Ifthe secretarydetermines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the National Airspace System."

First Flight Photography's UASs are rotorcraft weighing less than 55 pounds including payload. They operate at a speed ofless than 50knots and have the capabilityto hover and move in the vertical and horizontal plane simultaneously. The UAS will operate onlywithin the line ofsight ofthe pilot within a protected flight area as described below. Such operations will insure thatthe UASs will not create a hazard to the users ofthe national airspace system or the public.

The very small nature ofthe UASs utilized by First Flight Photography combined with the safetyprotocols outlined belowwill allow for a greater thanequivalent level ofsafety in which Congress envisioned that the FAA must, by exemption allow commercial operations ofUASs to commence immediately. Also due to the size ofthe UASs and the areas and altitudes theywill operate, approval of the exemption presents no national securityissue and absolutely minimal safety concerns which have been mitigated through a rigorous risk managementprocess. Given the clear direction given in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalentlevel of safety surroundingthe proposed operations, the significant public benefit, including enhanced safety, reduced emissions utilizing UASs vice traditional aircraft as well as the economic impact ofgreatlyreducing the cost ofaerial photographythereby benefitingthe greaterpublic's interest. Accordingly, the applicant requests thatthe FAA grantthe requested exemption without delay.

The following limitations are considered to be binding for the operation of UASs for commercial purposes by First Flight Photography :

1. Flights will be operated in the line-of-sight by a ground based pilot 2. Flights will only occur in the daytime and clear ofclouds 3. The UASs will weigh less than 55lbs attake offand during flight 4. Flights will be terminated with 25% ofbatterylife remaining 5. Flights will be operated at an altitude at orbelow 400' AGL 6. Pilots, camera operators and observers will be trained lAW the applicable portion ofthe UAS's manual as well as the SOPs. 7. Minimum UAS crewwill be one certificated Commercial pilot orhigher rating with a current FAA medical. A camera operator and or observer may be added as required to further reduce the possibility oftask saturation by the pilot depending on the mission requirements. 8. Pilot, observer and camera operatorwill maintain real time communication capabilitythroughout flight operations. 9. The UAS Pilot will conduct a full site surveyto determine the Area of Responsibility (AOR). This AOR is the actual area for UAS operations for a particular day. Each surveywill include the assessment ofpotential hazards to include but notlimited to airspace classification, NOTAMS, temporaryflight restrictions, closest airportproximity, natural and manmade obstacles, and unnecessarypersons which maypose a risk to operations or safety. Ifdeemed necessary, the crewwill employ additional personal as safety observers. 10. First Flight Photographywill employ safety observers as well as sign notifications in areas close to public activity. 11. A thorough briefingwill be conducted, prior to the first flight ofthe day in

an AOR, utilizing the briefing guide in the SOPs. All persons who will be in theAOR while UAS flights are conducted will be presentfor this briefing. 12. First Flight Photographywill obtain consent (verbal orwritten) for any persons who need to be within 100 feet ofUAS flight operations.13.Written and orverbal permission from the relevant property owners will be obtained prior to flight. 14. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other governmental agencies. 15. Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capabilityto return to a pre-determined location within the AOR and land autonomously. 16. The UAS will have the abilityto abort a flight in case ofunpredicted obstacles or emergencies.

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area ofoperations for First Flight Photography UAS flights permits exemption from Part 21 because First Flight Photographymeets an equivalentlevel ofsafetypursuantto Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the ACT (49 U.S.C. 44701(f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAA to exempt UASs from the airworthiness certificate requirement in consideration ofweight, size, speed, maneuverability and proximityto areas such as airports and dense populations. First Flight Photography meets or exceeds each ofthese elements.

14 C.F.R. 91.203 (a &b) provides for carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons stated above. The equivalent level ofsafetywill be achieved by maintaining such certifications and registrations at First Flight Photography's flight operations center.

14 C.F.R. 91.7(a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable.

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots ofpassengers, and given the size ofthe UASs, this regulation is inapplicable. An equivalentlevel ofsafetywill be achieved by maintaining an operators manual atthe flight operations center. The FAA has previouslyissued exemptions to this regulation in Exemption Nos. 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700and 32827.

14 C.F.R. 91.103(b) Preflightaction

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all available information concerning thatflight. This information must include: (b) For any flight, runwaylengths at airports ofintended use, and the following takeoffand landing distance information. This subparagraph is not applicable due to our offairfield operations.

14 C.F.R. 91.109 Flight instruction; Simulated instrumentflight and certain flight tests.

14 C.F.R. 91.109 and all the subparagraphs address the operation ofa civil manned aircraft in conjunction with training and flight tests. The UAS to be employed by First Flight Photography are notdesignated in this category.

14 C.F.R. 91.121Altimeter Settings

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because First Flight PhotographyUASs utilize GPS systems and internal gyroscopes to provide spatial stability and a reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 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 ofintended landing, and assuming normal cruising speed- (1) During the day to fly after that for at least 30 minutes; or (2) At night, to fly after that for atleast 45 minutes" The batterypoweringthe UAS provides approximately 25 minutes of powered flight which is less than the reserve requirement alone byF ARs for day or night VFR flight. Given the limitations on the UAS's flight envelope, proposed AOR size, batterylife and its ability to land immediately it is reasonable to allow an exception. An equivalentlevel ofsafety can be achieved bylimiting flights to 25% ofbatterypower. This restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808.14 C.F.R. 45.23 Marking ofthe Aircraft

Applicable Codes ofFederal regulations require aircraftto be marked according to certain specifications. First Flight Photography UASs are unmanned; do nothave a cabin, cockpit or pilot station on which to mark certain words orphrases. Further, two-inch lettering is impractical to place

on such small aircraft. First Flight Photographywill, however, place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so thatthe pilot, camera operator, observer and any other persons operatingin the AOR can see the markings on the UAS. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

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 certain conditions. First Flight Photographywill only operate its UASs at or below 400 AGL. First Flight Photographywill operate its UASs in a defined AOR that has been carefully reviewed for hazards and minimizes the presence ofany persons not essential for operations. Flights will only be conducted over private propertywith consent ofthe property owner. The equivalentlevel of safetywill be achieved given the size, weight and speed ofthe UAS as well as the location where it is operated. Compared to flight operations with traditional aircraft or rotorcraftweighing far more than 55lbs, operating below 500 AGL with flammable fuel UAS operations present a far smaller risk.

14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as prescribed in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter.

.." and others shall inspect or maintain the aircraft in compliance with Part43. These regulations only applyto aircraft with an airworthiness certificate. Theywill not, therefore, applyto First Flight PhotographyUASs should its requested exemption be granted. As an equivalent level ofsafety First Flight Photography requires its pilots to conduct a preflight, throughflight and postflight inspection ofthe UAS to ensure it's flight worthiness priorto launch. Each UAS is flown in compliance with the applicable manufactures manual to include all software update cycles as well as flight checklists. In the event ofa malfunction the UAS can land immediately.Privacy

All flights will occur over private or controlled access propertywith the propertyowner's prior consentand knowledge.
Summary

First Flight Photographyis seeking exemption from the following rules: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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).

Approval ofthe above exemptions allowing commercial operations ofsmall UASs in the service ofaerial photographywill greatly enhance safety byreducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands ofpounds and carrying hundreds of pound offuel presenting a significant riskto life and property. With First Flight Photography's use ofsmall UASs weighing less than 55 lbs, powered bybatteries and operating at orbelow 400 AGL theyvirtually eliminate all ofthe risk associated with traditional aerial photography. The UASs will carry no people thereby eliminatingthe exposure to the risks associated with flying while accomplishing the
same task in a much safer manner.
Granting First Flight Photographythe above exemptions will allow for the expansion ofUAS systems into the future, in a professional, safety conscious culture steep in the tradition ofAviation. The safety culture established bythe founding members ofFirst Flight Photographybased on their first-hand experience as professional aviators who are currentlyworkingfor a major U.S. Air Carrier as well

as the United States military are invaluable for laying the proper foundation into this vast new chapter ofaviation history.

First Flight Photography respectfully requests thatthe FAA grantits exception without delay. The FAA has the authorityto issue the exemption sought byFirst Flight Photographypursuantto the Federal Aviation Act, 85 P.L. 726 (1958),

as amended (the "Act").

Sincerely,



# ~h First Flight Photography, LLC 610 Broadway, #353 Newburgh, NY 12550