September 22, 2014 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the Reform Act) and C.F.R. Part 11, First Flight Photography LLC, owner and 

operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from 

the Federal Aviation Regulations (FARs) listed below so that First Flight 

Photography may operate UASs commercially in airspace regulated by the Federal 

Aviation Administration; as long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by 

section 333. 

First Flight Aviation 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 of over 17,000 mishap free hours. Philip Leone is a graduate of the 

Air Force Aircraft Mishap Investigation Course and is a current Chief of Safety 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 by the 

FAA. 

The Name and address of the 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 exemption would permit the operation of 

lightweight (less than 55 lbs total take off gross weight) UASs under controlled 

conditions for commercial use by professional certificated pilots thereby enhancing 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to " .... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Section 333(c) of the Reform Act. 
First Flight Photography respectfully requests the grant of an exemption to 

the following specific sections of the Title 14 Code of federal 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 relief from any currently applicable FAR's 

operating to 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 of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. First Flight 

Photography's lightweight UASs meet the definition of "small unmanned aircraft" as 

defined in section 331 and therefore the integration of First Flight Photography's 

lightweight UASs are expressly contemplated by the Reform Act. First Flight 

Photography would like to operate its lightweight UASs prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system 

(NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine 

which types of UASs do not create a hazard to users of the NAS or the public or pose 

a threat to national security in light of the following: 

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

• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator 

Reform Act 333 (a). If the secretary determines that such vehicles "may operate 

safely in the National Airspace System, the Secretary shall establish requirements 

for the safe operation of such 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 50 knots and have the 

capability to hover and move in the vertical and horizontal plane simultaneously. 

The UAS will operate only within the line of sight of the pilot within a protected 

flight area as described below. Such operations will insure that the UASs will not 

create a hazard to the users of the national airspace system or the public. 

The very small nature of the UASs utilized by First Flight Photography 

combined with the safety protocols outlined below will allow for a greater than 
equivalent level of safety in which Congress envisioned that the FAA must, by 

exemption allow commercial operations of UASs to commence immediately. Also 

due to the size of the UASs and the areas and altitudes they will operate, approval of 

the exemption presents no national security issue and absolutely minimal safety 

concerns which have been mitigated through a rigorous risk management process. 

Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, the significant public benefit, including 

enhanced safety, reduced emissions utilizing UASs vice traditional aircraft as well as 

the economic impact of greatly reducing the cost of aerial photography thereby 

benefiting the greater public's interest. Accordingly, the applicant requests that the 

FAA grant the 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 of clouds 

3. The UASs will weigh less than 55lbs at take off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 

6. Pilots, camera operators and observers will be trained lAW the applicable 

portion of the UAS's manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated Commercial pilot or higher 

rating with a current FAA medical. A camera operator and or observer 

may be added as required to further reduce the possibility of task 

saturation by the pilot depending on the mission requirements. 

8. Pilot, observer and camera operator will maintain real time 

communication capability throughout flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of 

Responsibility (AOR). This AOR is the actual area for UAS operations for a 

particular day. Each survey will include the assessment of potential 

hazards to include but not limited to airspace classification, NOTAMS, 

temporary flight restrictions, closest airport proximity, natural and manmade obstacles, and unnecessary persons which may pose a risk to 

operations or safety. If deemed necessary, the crew will employ 

additional personal as safety observers. 

10. First Flight Photography will employ safety observers as well as sign 

notifications in areas close to public activity. 

11. A thorough briefing will be conducted, prior to the first flight of the day in 

an AOR, utilizing the briefing guide in the SOPs. All persons who will be 

in the AOR while UAS flights are conducted will be present for this 

briefing. 

12. First Flight Photography will obtain consent (verbal or written) for any 

persons who need to be within 100 feet ofUAS flight operations. 
13. Written and or verbal 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 city jurisdictions, including local law enforcement, fire or 

other governmental agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have 

the capability to return to a pre-determined location within the AOR and 

land autonomously. 

16. The UAS will have the ability to abort a flight in case of unpredicted 

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 of necessary airworthiness certificates in relation to FAR 

91.203(a)(1) The size, weight and defined area of operations for First Flight 

Photography UAS flights permits exemption from Part 21 because First Flight 

Photography 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 oflegislation 

permit the FAA to exempt UASs from the airworthiness certificate 

requirement in consideration of weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. First Flight 

Photography meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

stated above. The equivalent level of safety will 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 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. 

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 of passengers, and given the size of the UASs, this 

regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining an operators manual at the flight operations center. The FAA has 

previously issued 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) Preflight action 

14 C.F.R. 91.103 Each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight. 

This information must include: (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information. 

This subparagraph is not applicable due to our off airfield operations. 

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

flight tests. 

14 C.F.R. 91.109 and all the subparagraphs address the operation of a 

civil manned aircraft in conjunction with training and flight tests. The UAS to 

be employed by First Flight Photography are not designated in this category. 

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because 

First Flight Photography UASs 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 under VFR 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 fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes" 

The battery powering the UAS provides approximately 25 minutes of 

powered flight which is less than the reserve requirement alone by F ARs for 

day or night VFR flight. Given the limitations on the UAS's flight envelope, 

proposed AOR size, battery life and its ability to land immediately it is 

reasonable to allow an exception. 

An equivalent level of safety can be achieved by limiting flights to 25% 

of battery power. 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 of the Aircraft 

Applicable Codes of Federal regulations require aircraft to be marked 

according to certain specifications. First Flight Photography UASs are 

unmanned; do not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, two-inch lettering is impractical to place 

on such small aircraft. First Flight Photography will, however, place the 

word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so 

that the pilot, camera operator, observer and any other persons operating in 

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 of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. First Flight Photography will only operate its UASs at or below 

400 AGL. First Flight Photography will operate its UASs in a defined AOR that 

has been carefully reviewed for hazards and minimizes the presence of any 

persons not essential for operations. Flights will only be conducted over 

private property with consent of the property owner. The equivalent level of 

safety will be achieved given the size, weight and speed of the UAS as well as 

the location where it is operated. Compared to flight operations with 

traditional aircraft or rotorcraft weighing 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 of this part and shall 

between required inspections, except as prescribed in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this 

chapter. .. " and others shall inspect or maintain the aircraft in compliance 

with Part 43. 

These regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to First Flight Photography UASs 

should its requested exemption be granted. As an equivalent level of safety 

First Flight Photography requires its pilots to conduct a preflight, throughflight and post flight inspection of the UAS to ensure it's flight worthiness 

prior to 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 of a malfunction the UAS can land immediately. 
Privacy 

All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. 

Summary 

First Flight Photography is 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 of the above exemptions allowing commercial operations of small 

UASs in the service of aerial photography will greatly enhance safety by reducing 

the overall risk associated with traditional aircraft. Traditional aerial photography 

requires large aircraft weighing thousands of pounds and carrying hundreds of 

pound of fuel presenting a significant risk to life and property. With First Flight 

Photography's use of small UASs weighing less than 55 lbs, powered by batteries 

and operating at or below 400 AGL they virtually eliminate all of the risk associated 

with traditional aerial photography. The UASs will carry no people thereby 

eliminating the exposure to the risks associated with flying while accomplishing the 

same task in a much safer manner. 

Granting First Flight Photography the above exemptions will allow for the 

expansion of UAS systems into the future, in a professional, safety conscious culture 

steep in the tradition of Aviation. The safety culture established by the founding 

members of First Flight Photography based on their first-hand experience as 

professional aviators who are currently working for 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 of aviation history. 

First Flight Photography respectfully requests that the FAA grant its 

exception without delay. The FAA has the authority to issue the exemption sought 

by First Flight Photography pursuant to 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