Aerial Image Pros, LLC

– Section 333 Exemption Petition July 1, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulation s from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14 C.F.R. 417(a)&(b) Attn: to whom may concern, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Aerial Image Pros, LLC the owner and operator of
the DJI Inspire 1 quadcopter Unmanned Aircraft System (UAS), s eeks an exemption from the Federal Aviation Regulations. (“FARs”) listed below so that Aerial Image Pros, LLC can operate our small ultra

light weight UAS commercially in airspace regulated by the Federal Aviation Administration (“FAA”). (Pilot in Charge [PIC]) an d a visual observer (VO)that can perform the functions prescribed in the operating manual for all flights under this Exemption, if granted. The requested exemption would support an application for a commercial Certificate of Authorization to use the system to perform aerial mapping to enhance academic community awareness, augment real estate listing videos, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries. Use of the DJI Inspire 1 UAS for aerial mapping reduc es the need to operate conventional aircraft for the same purpose and provides very high quality imagery at a fraction of the dollar cost and danger to human life of using conventional aircraft. Note; the VO will not be operating the UAS. By approving thes e exemptions, the FAA will create benefits through safer survey methods by UAS, resulting in decreased potential for loss of life and enhanced efficiency and productivity for the affected activities, as well as environmental benefits, which are all ultimat ely in the public interest. Committed to safety with each flight, Aerial Image Pros 's, exemption request would permit operation of ultralight weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly controlled and limited airspace . Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. In addition, Douglas Trudeau (Exemption No. 11138) and Slugwear, Inc (Like On A Tree; Exemption No. 11157) were granted exemptions for these types of surveys with the DJI aircraft

. Aerial Image Pros has created and will follow its UAS Flight Protocols and Controls for safe operation to avoid and prevent public hazard, as well as manned air craft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific video and photography usage as Aerial Image Pros records flight data and other information gained through permitted flight operations to share with the FA A through any required FAA reports to assist with future protocol and safety regulation. Granting Aeria l Image Pros request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate
UAS's into the n ational airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Furthe r, Aerial Image Pros , will conduct its own operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below, Aerial Image Pros , respectfully request the grant of an exemption allowing Aerial Image Pros to operate ultra

- light weight, remote controlled UAS’s for community awareness, enhance real estate listing videos for homeowners, filmmaking, golf course, mapping, agriculturalmapping, and photogrammetry for various industries. All of which will promote local econ omic growth

through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard. I Contact
Information: Justin Rose Aerial Image Pros, LLC 7949 Shaddock Dr, Boynton Beach FL 33436 Mobile: 561

- 735

- 2030 Email: Justin

. rose@aerialimagepros. com II The Specific Sections of Title 14 of the Code of Federal Regulations From Which Aerial Image Pros Requests Exemption are: 14 CFR part21; 14 CFR 45 23 (b); 14 CFR 91, e t seq; 14 CFR 407 (a)(1) 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). III The Extent of
relief Aerial Image Pros seeks and the Reason Aerial Image Pros Seeks Such Relief: Aerial Image Pros submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, se eking relief from any currently applicable FARs operating to prevent Aerial Image Pros contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civi l unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Aerial Image Pros 's, ultra

- light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of Aerial Image Pros 's ultra

- light weight UAS is expressly contemplated by the Reform Act. Aerial Image Pros would like to operate its ultra

- light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, pr oviding direct experience and valuable information for formal regulation that can be administered uniformly to all agriculture, mapping, and real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Aerial Image Pros

. Aerial Image Pros ’s UAS utilizes four (4) counter

- rotating propellers for balance, control and stability. Weighing less than five (5) pounds (f ar below the maximum 55 pound limit);including camera with gimbal. Aerial Image Pros ’s UAS is equipped with a compass, GPS, auto return safety technology if communication is lost between the UAS and the controller, Real

- Time Fight Data Display, and a No Fly
Zone software default setting to force the device to abide by International Civil Aviation Organization regulations. Aerial Image Pros considers safety as foremost with each flight. Aerial Image Pros ’s small UAS is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss, Aerial Image Pros will not fly in winds exceeding 16 kph (10 mph) nor exceed an indicated airspeed of 29 knots (15 m/s).DJI’s “No Fly Zone”: Two classes in this mode limit the DJI Inspire 1 ’s ability to fly near restricted airport air space. Class A will not allow the UAS to take off within 1.5 miles of the GPS location of an airport. Class B will has incorporated an increasing height limit from 35 feet AGL at 1.5 miles from an airport, inc reasing to 400 feet at 5 miles an airport. The UAS control system will also automatically warn the PIC when the UAS has approached within 330 feet of the
5

- mile buffer zone around an airport. This software will also not allow the user to set GPS waypoints
within 5 miles of the 5

- mileNo Fly Zone around an airport. For further details, visit http://www.dji.com/fly

- safe/category

- mc Built

- in safety Real

- Time Flight Data includes UAS flight height, horizontal speed, vertical speed, and distance from the PIC. Bui lt

- in safety systems include a GPS
mode that allows Aerial Image Pros ’s UAS to hover in place when radio controls are released. With three modes to choose from, Aerial Image Pros will utilize the Smart Mode for aerialvideography/photography. This is the safest, most re liable and stable mode to prevent accident and

hazard. When PIC communication is lost, Aerial Image Pros ’s UAS is designed to slowly descend to point
of take

- off (Return to Home). Aerial Image Pros will not operate the UAS near Airports, Hospitals, nor Police heliports, and will not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. Aerial Image Pros ’s PIC and VO will be on constant alert for any manned aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft or UAS approach Aerial Image Pros 's location, or Aerial Image Pros suspects manned aircraft or UAS may approach near our location. Aerial Image Pros ’s UAS is ca pable of vertical and horizontal operations, and is only flown within the line of sight of both the PIC and VO. Utilizing battery power rather than combustible fuels, flights with Aerial Image Pros ’s UAS generally last five (5) to seven minutes, with an

a ltitude under 400 feet. Aerial Image Pros will utilize a fresh fully charged battery with each flight as a safety precaution; full flight time l imit fo r each battery is nine (12) to 15 minutes as tested. Aerial Image
Pros will not operate our UAS at or below manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve
batteries are at han d with each exercise to insure replacement for sufficient safe level of operation. Aerial Image Pros does not believe in taking risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. Aerial Image
Pros has clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather condition s. Aerial Image Pros also practices computerized simulated flights to maintain adequate skills and response reflex time, for the sake of safety. Aerial Image Pros is extremely cautious when operating any UAS and will not “create a hazard to users of the national airspac e system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of Aerial Image
Pros ’s UAS, it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the nat ional airspace system. Aerial Image Pros UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security. IV. How Aerial Image Pros ’s Request Will Benefit the Public As A Whole: Aerial videography for g eographical awareness in real estate, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies, farms an d average homeowners, the expense of manned aerial videography is cost prohibitive. Only large companies can afford to absorb such expense, this depriving the remainder of the public from a valuable marketing a and mapping tool. V. Reasons Why Aerial Image Pros ’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: Aerial Image Pros ’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, permitting Aerial Image Pros to l og more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel techniques for realtors, filmmaking, golf courses, agricultural mapping, and photogrammetry f or various industries as well as continuing to educate the public through publishing articles. In addition, Aerial Image Pros submits the following representations of enhancements to current aerial videography and photography for realestate, filmmaking, golf cou rses, agricultural mapping, and photogrammetry for various industries:

Aerial Image Pros ’s UAS weighs less than 5 pounds complete with a small ultra

- light weight high quality GoPro 4 Black camera; Aerial Image Pros will only operate this UAS below 400 feet, as recommend ed by the FAA Modernization and Reform Act of 2012; Aerial Image Pros ’s UAS will only operate for up to 15 minutes per flight; Aerial Image Pros will land this UAS prior to manufacturer recommended minimum level of battery power, 30% battery power remaining. Also, Aerial Image Pros ’ s UAS has an automated function which results in immediate landing when a low battery is detected; Aerial I mage Pros will pilot this UAS through remote control by line of sight; Aerial Image Pros s UAS has GPS

- controlled autopilot system to maintain UAS stability and con trol, Aerial Image Pros 's UAS has an Auto Return

- to

- Home & Landing function to increase safe return of the UAS to the ground, A pre

- programmed flight safety feature whereby Aerial Image Pros ’s UAS automatically hovers and then slowly lands if communication
with the remo te control pilot is lost; Aerial Image Pros will actively analyze flight data and other sources of information to constant update and enhance safety protocols; Aerial Image Pros will only operates in reasonably safe environments that are strictly controlled and are away from: power lines, elevated lights, airports and actively populated areas; Aerial Image Pros will conduct extensive pre

- flight inspections and protocol review, during which safety carries primary importance; Any maintenance or
alterations of Aerial Image Pros ’s UAS tha t could affect operation or flight characteristics will require a functional test flight before returning to work; Aerial Image Pros will always obtain all necessary permissions prior to operation, Including issuing a notice to airmen(NOTAM)prior to operations; a nd, Aerial Image Pros will have procedures in place to abort flights in the event of safety breaches or potential danger. In recognition of the FAA’s Exemption No. 11062, and specifically Exemption No. 11138 for the same UAS model ( DJI Inspire 1 ); prior to conduc ting operations for the purpose of aerial photography/videography, Aerial Image Pros ’s PIC will have accumulated 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours as a UAS pilot with a multi

- rotor UAS. Prior to operations, Aerial Image Pros ’s PIC must also have accumulated a minimum of 5 hours as a UAS pilot operation the DJI Inspire 1 . In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). Aerial Image Pros ’s, safety pr otocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is astounding, there has been local incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra

- light weight UAS. First, t he potential loss of life is diminished because UAS's carry no people on board and Aerial Image Pros will only operate its UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is g reatly diminished. Third, the small size and extreme maneuverability
of Aerial Image Pros ’s UAS allow the PIC to remotely pilot away from and avoid hazards quickly and safely . Lastly, given its small size and weight, even when close enough to capture amazing ima ges, Aerial Im age Pros ’s UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, Aerial Image Pros ’s UAS has been experimentally operated for familiarization/competency and w ill continue to operate at and above current safety levels. Furthermore, Aerial Image Pros ’s PIC has accumulated 25 hours of total time as a
UAS multi

- rotor pilot. Aerial Image Pros ’s PIC has also accumulated more than 5 hours as a UAS pilotoperation the DJI Inspire 1

. VI A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21

and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of nece ssary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Aerial Image Pros ’s UAS permits exemption from Part 21 because Aerial Image Pros ’s UAS meets (and exceeds) an equivalent level of safety pursuant to Sec tion 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 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Aerial Image Pros ’s current UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibi ts the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. However, Aerial Image Pros ’s PIC will still ensure that the UAS is in an
airwort hy condition based on compliance with the operating documents prior to every flight. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas where safety can be defined . The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299,
9299 A, 9565, 9565B, 10167, 10167A,10602, 10700 and 32827. However, Aerial Image Pros ’s UAS operations manual will be kept in a location accessible by Aerial Image Pros ’s PIC. 14 C.F.R. § 91.103 regarding preflight action. Aerial Image Pros ’s PIC will take certain actions before fl ight to ensure safety of the flight. These will include reviewing weather, flight battery requirements, landings, and takeoff distances and aircraft performance data before initiation of the flight. 14 C.F.R. § 91.121 regarding altimeter settings is inappl icable insofar as Aerial Image Pros ’s UAS utilizes electronic GPS with a barometric sensor. According to the manufacturer of Aerial Image Pros ’s UAS, the GPS sensor is accurate to 2.6 feet Vertical and 8.2 feet Horizontal. These accuracies are adequate for Aerial Image Pros to safely operate the UAS for its exempted purposes. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by Aerial Image Pros in a location accessible by Aerial Ima ge Pros ’s PIC. B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked ac cording to certain specifications. Aerial Image Pros ’s UAS, by definition, is unmanned. Therefore the UAS does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small ai rcraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at
lower altitudes in certain conditions. Aerial Image Pros ’s UAS will never operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as rec ommended by the FAA Modernization and
Reform Act of 2012. Aerial Image Pros will however operate its UAS in safe areas away from areas depicted in “yellow” on VFR charts, providing a level of safety at least equivalent to or below those in
relation to minimum saf e altitudes. Aerial Image Pros will conduct all operations under Aerial ImagePros ’s Protocols and Controls , including posting a warning sign reading: “Attention Aerial Photography

in Progress

– Remain Back 150 Feet”. Aerial Image Pros will operate its UAS in accordance with Exemption No. 11109, which may require the UAS be operated closer than 500 feet to essential persons. Nonparticipating persons must remain at appropriate distances (500 feet) from the UAS, and if they need to be closer than 500 feet, non

- participating pers ons will remain behind barriers or structures that can sufficiently protect them from the UAS debris in the event of an accident. Given the size, weight, maneuverability and speed of Aerial Image Pros ’s UAS, an equivalent or higher level of safety will be
achieve d D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The
above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part a nd shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will n ot, therefore, apply to Aerial Image Pros ’s UAS. However, as a safety precaution Aerial Image Pros ’s PIC and VO will inspect Aerial Image Pros ’s UAS before and after each flight. A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthi ness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).The size, weight and enclosed operation al area of Aerial Image Pros ’s UAS permits exemption from Part 21 because Aerial Image Pros ’s UAS meets an equivalent level of safety pursuant to 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 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Aerial Image Pros ’s UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form conte mplated 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 of the UAS's, this Regulation is inapplicable. An equivalent level o f safety will be achieved by maintaining a manual. The FAA has 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 meas ures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. In summary, Done Shot seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 1 4 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate Aerial Image Pros ’s small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, real estate operations, filmmaking, golf course mapping, agricultural mapping, and photogrammetry for va rious industries and to develop economic platforms for real estate and golf courses. Currently, area awareness, filmmaking, real estate aerial videography/photography, golf course mapping, agricultural mapping, and photogrammetry for various industries rel ies primarily on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting Aerial Imag e Pros ’s request for exemption will reduce current risk levels and thereby enhance safety.Aerial Image Pros ’s UAS craft does not contain po tentially explosive fuel, is smaller, lighter and more

maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, Aerial Image Pros will operate at lower altitudes and in controlled airspace eliminating potenti al public risk flying to and from established air fields. Aerial Image Pros has been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accept ed means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board Aerial Image Pros ’s UAS and therefore the likelihood of death or serious bodily injury is significantly
diminished. Aerial Image Pros ’s operation of its UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of s afety as that achieved under current FARs. Accordingly, Aerial Image Pros respectfully request that the FAA grant Aerial Image Pros ’s exemption request and Aerial Image Pros is willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the g eneral public at large.

Respectfully submitted Justin Rose Aerial Image Pros, LLC 7949 Shaddock Dr Boynton Beach FL 33436
Mobile: 561

- 735

- 2030 Email: Justin

. rose@aerialimagepros.com