November 9

, 2015

U.S. Department of T ransportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Brian K. Sn app ( hereby “ Snapp ” ) d.b.a. Snapp Video Pr oductions for

an e xemption r equest p ursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from 14 C.F .R. Part 21, Subpart H; 61.113(a) &

(b); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b) ; 91.405(a); 91.407(a)(l);

91.409(a)(2); 91.417(a) & (b) ; 91.7 ( a )

.

This application is submitted by:

Brian K. Sn app d.b.a

. Snapp Video P roductions

119 Savage Trail

East Stroudsburg, PA 18301

( 570 ) 801

- 1984

To whom i t may c oncern :

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and

14 C.F.R. Part 11, Snapp , hereby applies for exemptions from the following Federal

Aviation Regulation s (FARs) in order to operate a s mall Unmanned Aircraft System

( sUAS ) for commercial services in airspace that is governed by the Federal Aviation

Administration (FAA). All flight operations will be conducted under the conditions and

boundaries outlined herein or as established by the FAA in accordance with Section 333.

The exemptio ns, as requested Snapp , would permit the provision of commercial services

to customers in need of aer ial s e rvices from a sUAS

. Snapp requests these exemptions in

order to perform commercial a erial services outdoors

, in the fol lowing areas:

1. Real Estate Videography/ Photography

2. Golf C ourse Videography/ Photography

3. General Videography

/ Photography

4. Aerial Inspection

5. Agriculture

6. Surveying

P ursuant to 14 CPR § 11.87, Snapp request s that the FAA not delay action based on

the following:

1. The requested relief is identical t o exemptions granted previously and do es

not set a precedent. Specifically Exemptions ;

• 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352)

• 11109 to Clayco, Inc. ( see Docket No. FAA−2014−0507)

• 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382)

• 11213 to Aeryon Labs, Inc. ( see Docket No. FAA−2014−0642)2. In all exemptions, the FAA found that the enhanced safety achieved using an

unmanned aircraft (UA) with the specifications described by the petitioner and

carrying no passen gers or crew, rather than a manned aircraft of significantly

greater proportions, carrying crew in addition to flammable fuel, gives the FAA

good cause to find that the s UAS operation enabled by this exemption is in the

public interest

.

3. Snapp is seeking this exemption in or der to operate a DJI Phantom 3

A dvanced quadcopter equipped with a 1080p camera, weighing 2.82 pounds

(battery and propeller s included)

, transmitting between controller at 2.4GHz

at max 2000 meters. DJI Phantom 3 A dvanced safety features are spec ified in

the DJI Phantom 3 Advanced User Manual (EN) v1.6 , include GPS lock,

distance limits, altitude limits, failsafe mode and automatic Return To Home

( RTH ) mode. Current a i rcraft specifications: firmware: v er. 1.4.0010

, Remote Controller f

i rmware : ver. 1.3.20, DJI Go app : Android

, ver. 2.4.0.

Snapp has been flying this aircr aft successfully for 7 months and all safety

features work as described. Snapp asserts that p revious exe mptions have

been granted for the DJI Phantom 3 A dvanced model and version.

4. A delay in action on this petition would adversely affect pending requests for

aerial services and result in lost opportunity and wages for participating crew,

and a delay in the public benefit of granting this petition. In addition, a

competitiv e dis advantage for unapproved commercial sUAS PIC s exists and

continues to grow every day.

Also, p ursuant to 14 CFR § 11.87

Regulations for which exemption is requested: 14 C.F .R. Part 21, S ubpart H; 61.113(a) &

(b); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b) ; 91.405(a); 91.407(a)(l); 91.409(a)(2);

91.417(a) & (b) ; 91.7 ( a )

.

As set forth

, ( taken from the “ C o nditions and Limitations ” of a recent FAA granted

Sectio n 333 ex emption ) Snapp agrees that the limitations and conditions of this

exemption request include:

1. Operations authorized by this grant of exemption will be limited to the DJI

Phantom 3 Advanced when weighing less than 55 pounds including payload.

Proposed operations of any other aircraft will require a new petition or a petition

to amend this exemption.

2. Operations are not for the purpose of closed

- set motion picture and television

filming

.

3. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour).

The exemption holder will use either groundspeed or calibrated airspeed to

determine compliance with the 87 knot speed restriction. In no case will the UA be

operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.4. The UA will be operated at an altitude of no more than 400 feet above ground

level (AGL). Altitude will be reported in feet AGL.

5. The UA will be operated within visual line of sight (V LOS) of the PIC at all times.

T he PIC will be able to use human vision una ided by any device other than

corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations will utilize a visual observer (VO). The UA will be operated within

the visual line of sight (VLOS) o f the PIC and VO at all times. The VO will be

used to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC will be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC

will be designated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC will ensure that the VO can perform the duties

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents will be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and

limitations in this exemption and the procedures outlined in the operating

documents, the conditions and limitation s herein take precedence and will be

followed. Otherwise, the operator will follow the procedures as outlined in its

operating documents. The operator will update or revise its operating documents. It

is the operator’s responsibili ty to track such revisions and present updated and

revised documents to the Administrator or any law enforcement official upon

request. The operator will also present updated and revised documents if it

petitions for extension or amendment to this grant of exemption. If the operator

determines that any update or revision would affect the basis upon which the FAA

granted this exemption, then the operator will petition for an amendment to its

grant of exemption. The FAA’s UAS Integration Office (AFS−80) will b e

contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g., replacement of a flight critical component,

will undergo a functional test flight prior to conducting further operations under this

exemption. Functional test flights will only be conducted by a PIC with a VO and

must remain at least 500 feet from other people. The functional test flight will be

conduct ed in such a manner so as to not pose an undue hazard to persons and

property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it

is in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre

- fli ght inspection and determine the

UAS is in a condition for safe flight. The pre

- flight inspection will account for all

potential discrepancies, e.g., inoperable components, items, or equipment. If theinspection reveals a condition that affects the safe op eration of the UAS, the aircraft

will be prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight.

11. The operator will follow the UAS manufacturer’s maintenance,

overhaul, replacement, inspection, and life limit requirements for the

aircraft and aircraft components.

12. Each UAS operated under this exemption will comply with all

m anufacturer safety bulletins.

13. Under this grant of exemption, a PIC will hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC will also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a

state, t he District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC will also meet the flight review requirements specified in 14

CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The op erator will not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under this exemption, including evasive and emergency maneuvers an d

maintaining appropriate distances from persons, vessels, vehicles and structures.

PIC qualification flight hours and currency will be logg ed in a manner consistent

with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs

and VOs (training, proficiency, and experience

- building) and determining the PIC’s

ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under this exemption are permitted under the terms of this exemption.

However, training op erations will only be conducted during dedicated training

sessions. During training, proficiency, and experience

- building flights, all persons

not essential for flight operations are considered nonparticipants, and the PIC will

operate the UA with appropria te distance from nonparticipants in accordance with

14 CFR § 91.119.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All

operations will be conducted under visual meteorological conditions (VMC).

Flights under special visual flight rules (SVFR) are not authorized.

16. The UA will not operate within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for

airports not denoted with an ARP, the center of the airport sy mbol as denoted on

the current FAA

- published aeronautical chart, unless a letter of agreement with

that airport’s management is obtained or otherwise permitted by a COA issued to

the exemption holder. The letter of agree ment with the airport management must

be made available to the Administrator or any law enforcement official upon

request.

17. The UA will not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less tha n 3 statute miles from the

PIC.18. Snapp is not requesting tethered UAS operations.

19. If the UAS loses communications or loses its GPS signal, the UA will return to

a pre

- determined location within the private or controlled

- access property.

20. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC will not begin flight unless (co nsidering wind and forecast weather

conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

All operations will be conducted in accordance with an ATO

- issued COA. The

exemption holder will apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA.

23. All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings

must be as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents will be made available to the Administrator or any law

enforcement official upon request.

25. The UA will remain clear and give way to all manned aviation operations

and activities at all times.

26. The UAS will not be operated by the PIC from any moving device or vehicle.

27. All Flight operations will be conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:



### a) Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

will ensure that nonparticipating persons remain under such protection. If a

situation arises where no nparticipating persons leave such protection and are

within 500 feet of the UA, flight operations will cease immediately in a manner

ensuring the safety of nonparticipating persons; and



### b) The owner/controller of any vessels, vehicles or structures has grante d

permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that

it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are n ot

considered nonparticipating persons under this exemption.

28. All operations will be conducted over private or controlled

- access propertywith permission from the property owner/controller or authorized

representative. Permission from property owner/contr oller or authorized

representative will be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.g ov

.

Section 45.23(b): Marking of the Aircraft

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 PIC must also display

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in

letters not less than 2 inches nor more than 6 inches high, the words "limited,"

" restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the s UAS will have n o airworthiness certificate, an exemption

may be needed as the s UAS will have no entrance to the cabin, cockpit or

pilot station on which the word “Experimental” can be placed. Given the size

of the sUAS

, two

‐ inch lettering will be impossible. The word “Experimental”

will be placed on the fuselage in compliance with §45.29 (f).

Per 23 above: All aircraft operated in accordance with this exemption will be

identified by serial number, registered in accordance with 14 CFR part 47, and

have identification (N−Number) markings in accordance with 14 CFR part 45,

Subpart C. Markings must be as large as practicable.

Section 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in

Command.

Snapp is seeking relief from this regulation, as the requirement for a

Commercial Pilot License with a second class medical would be an

unnecessary burden on the PIC with regard to obtaining and certifying UA

pilots.

The sUAS will not carry a pilot or passengers, and the proposed operations can

achieve the equivalent level of safety by requiring the pilot to possess a private

pilot's license only, and a Driver ’s License . This level of knowl edge and skill

combined with the safe operating procedures will more than adequately allow

safe operation within the national airspace system, and with regard to

persons or property on the ground. The additional knowledge and skill

requirements for a Commercial Pilot's license do not add any level of safety with

respect to closed

‐ set small s UAS operations in the same manner they do with

full scale, pass enger

‐ carrying aircraft.Sectio n 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119 (d) allows helicopters to be operated at less than the minimums

prescribed, provided the person operating the helicopter complie s with any

route or altitudes prescribed for helicopters by the FAA. As this exemption is

for a sUAS that is a helicopter and the exemption requests authority to

operate at altitudes up to 400 Above Ground Level (AGL,) or not more than

200 above an elevate d platform from which filming is planned, an exemption

may be needed to allow such operations. As set forth herein, the SUAS will

never operate at higher than 400 AGL. It will however be operated in a

restricted area with security perimeter, where buildings and people will not be

exposed to operations without their pre

- obtained notification and consent when

required.

The equivalent level of safety will be achieved given the size, weight, and

speed of the SUAS as well as the location where it is operated. No flight will

be taken without the permission of the property owner or local officials.

Because of the advance notic e to the property owner and participants in the

filming activity, all affected individuals will be aware of the planned flight

operations as set forth in the GOM. Compared to flight operations with

aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed

herein and the lack of flammable fuel, any risk associated with these

operations is far less than those present with conventional aircraft operating at

or below 500 AGL in such applications . In addition, the low

‐ altitude

operations of the sUAS will ensure separation between these s UAS operations

and the operations of conventional aircraft that must comply with Section

91.119.

Section 91.121 : Altimeter Settings

Snapp is seeking relief from this regulation, as the UA will not have a

barometric altimeter.

Section 91.121 requires each person operating an aircraft to maintain cruising

altitude by reference to an altimeter that is set “... to an elevation of the

departure airport or an appropria te altimeter setting available before

departure.” As a sUAS may not have a barometric altimeter, but instead a

GPS altitude data, an exemption is needed. An equivalent level of safety will

be achieved by the PIC

, pursuant to a s afety c heck l ist, confirming the altitude

of the launch site shown on the GPS altitude indicator before flight.

Section 91.151(a): Fuel Requirements for Flight in VFR Conditions

Snapp is seeking relief from the fuel requirements of this FAR as current battery

technology allows the sUAS to fly for approximately 15

‐ 30 minutes in normal

conditions. As 91.151(a) requires a 30 minute reserve AFTER reaching the

point of intended landing, there is no practical flight possible under thisregulation.

An equivalent or greater level o f safety exists as the exact battery level

remaining is transmitted to the pilot via radio telemetry, and given that the

operating area for the sUAS is in close proximity to the PIC , an unsafe

condition where the sUAS is unable to return for landing due to low battery

condition is easily avoidable. Additionally, should a defective battery

prematurely deplete, the UA is configured to auto land ( Fail

- safe ) above the

point at which the flight controller detects low voltage. Otherwise, a flight

limit of 25 minutes or 25% battery remaining is the standard procedure

.

Section 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:



### b) An appropriate and current airworthiness certificate. .

. 

### c) No person may operate a civil aircraft unless the airworthiness

certificate required by paragraph (a) of this section or a special flight

authorization issued under §91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers o r crew.

The sUAS fully loaded weighs no more than 55 lbs. and is operated without

an onboard pilot. As such, there is no ability or place to carry certification

and registration documents or to display them on the sUAS

. Each sUAS

operated by S napp will be registered with the FAA and all documentation

carried by the PIC.

An equivalent level of safety will be achieved by keeping these documents at

the ground control point where the pilot flying the sUAS will have immediate

access to them, to the extent they are applicable to the sUAS . The FAA has

issued numerous exemptions to this regulation. A representative sample of

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797,

9797A, 9816A, and 10700.

Section 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

Snapp is seeking relief from the above stated FAR's as the s UA S will not

have an airworthiness certificate. Therefore there is no requirement to

perform an inspection in order to maintain airworthiness as stated in

Appendix D to Part 43 for 100 hours and annual inspections.

An equivalent or greater level of safety exists as the Snapp does prescribe

regular maintenance and inspections, compliance with manufacturer's service

bulletins, test flights after maintenance, technic ian training, firmware

upgrades and so forth, in the scope and detail of Appendix D to Part 43. Inaddition, while mechanical failures are not out of the question, a crash

resulting from a catastrophic failure has a very small amount of risk of injury

when com pared to a failure in a passenger carrying full size aircraft, for which

this regulation was intended.

Section 91.7 ( a ) Civil Aircraft Worthiness

In accordance with the statutory criteria provided in Section 333 of Public Law

112−95 in reference to 49 U.S.C. § 44704, and in consideration of the si ze,

weight, speed, and limited operating area associated with the aircraft and its

operation, the Secretary of Transportation has determined that this aircraft meets

the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR

part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification a nd testing

requirements of part 36, is not necessary.

Regarding the p ublic i

nterest, Snapp believes that allowing commercial use of small,

unmanned aircraft will enhance the safety of aerial video operations by reducing the

risk associated with low altitude full size aircraft operations. A manned, turbine

powered helicopter operating in close proximity to production personnel on the ground

has a far grea ter risk o f inju ry than a small, lightweight sUAS carrying no combustible

fuel, especially when the s UA S is operating within the parameters FAA guidelines

. Additionally, the safe integration of sUAS within the national airspace is a growing

concerns amongst pilots, the FAA, and general public. This exemption would provide a

safe stepping

- stone to a more robust set of future sUAS rules.

Regarding p rivacy

, a ll flights will occur over private or controlled access property with

the property owner’s prior consent and knowledge. Video graphy or photography will

be of people who have also consented or otherwise have agreed to be in the area where

filming will take place.

S napp asserts that s atisfaction of the criteria provided in Section 333 of the Reform

Act of 2012, size, weight, speed, operating capabilities, proximity to airports and

populated areas and operation within visual line of sight and national securi ty

– provide

more than adequate justification for the grant of the requested exemptions allowing

commercial operation of Snapp ’s s UAS

. Thank you for your time and consideration

.

Brian K. Sn app d.b.a

. Snapp Video P roductions

119 Savage Trail

East Stroudsburg, PA 18301

( 570 ) 801

- 1984