## Airshotz Photography & Video: FAA 333 Exemption Request

September 22, 2015

Airshotz Photography & Video

Jason Bross 3714 North Shingle Rd Shingle Springs, CA 95682 Cell Phone: (530)

- 391

- 1695 Home Phone: (530)676

- 4471

Email address: airshotz@yahoo.com



## Federal Aviation Administration US Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington DC 20590

RE: Exemption Request Section 333 the FAA Reform Act of 201 2

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Airs hotz Photography & Video (DBA: Airshotz Photography & V ideo) and owner Jason D Bross hereby apply for an exemption from Federal Aviation Reg ulations (FARs) detailed below to allow for commercial operations on Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, cinematography, videography, mapping and inspections. In ad dition, for other related professional activities with use of a small unmanned aerial systems for that primary

purpose.

Aerial video and/or photography for public and/or private use including television, public events, and cinematography.

Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

## Airshotz Photography & Video: FAA 333 Exemption Request

Airshotz will offer safe, low altitude, and cost effective aerial imaging to the communities we serve. A variety of industries will benefit; Home Real Estate, Commercial Real Estate, Marketing, Land Development, Construction, and Property Inspections.

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce environ mental impact compared to similar operations conducted with much larger fuel laden manned aircraft Additionally, the use of UAS to facilitate commerce can help to encourage economic growth.

Operations for this petition will enable service for property ow ners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videography/photography.

Aerial photography is a valuable marketing tool that can facilitate increased commerce and enhance personal photography. Crop surveying and inspections could lead to decreased use of pesticides and fertilizer and conservation of water as well as increased crop yields and decreased costs. Aerial

sur veying and inspections can increase work site efficiency, improve volumetric estimations and reduce

risk.

Moreover, the petitioner plans to offer services to individuals or companies seeking to enhance their business in a safe and lawful way. The petitio ner will provide clients with the photographic data for these purposes in a for hire basis acting as an independent contractor. A visual observer will be utilized.

Flight data including UA flight time, Control unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to the FAA for use in collecting data regarding the use of UAS as a part of this application. This data can be submitted to the FAA via reports as required by the FAA.

Airshotz wi ll operate a DJI Inspire 1, a small unmanned aerial system ( UAS) equipped with advanced flight control systems, high definition camera and gimbal, and advanced safety features. The UAS will be operated by a responsible PIC (pilot in command) and VO (visual operator), in turn offering a safe and valuable experience to our clients.

1. The DJI Inspire 1 has a maximum takeoff weight of less than 6.5 pounds and thus offers a lightweight, small and compact video platform compared to manned aircraft. 2. The DJI Inspire 1 offers significant safety, noise, emission, security and environmental benefits not available to larger manned aircraft.

3. The DJI Inspire 1 has numerous safety features such as failsafe mode, automatic landing should signal

betwee n PIC and UAS be interrupted, GPS based altitude and distance locks, flight limiting features and low battery warnings. 4. Dual controllers provide the PIC (pilot in comm and) to focus on operating the UAS while a second individual operates the camera.

5. Inspire 1 safety features are addressed in more detail in the attached Inspire 1 user manual.

## Airshotz Photography & Video: FAA 333 Exemption Request

The safe operation of the UAS will be the first priority before, during and after every operation.

1. All UAS operations will be conducted at Visual Line Of Sight (VLOS) at no more than 200 feet

AGL.

2. No UAS operations will be conducted within 5 NM of an airport and will be in FAA class G airspace.

3. No UAS operations will occur directly over densely populated ar eas, un

- approved government buildings, power lines, or major roads.

4. All UAS operations will take place during daylight hours under conditions equivalent to Visual Flight Rules (VFR) with the UAS no more than 1000 ft from the PIC.

5. All UAS operations will ha ve a PIC and VO present and all operations will be within visual line of sight (VLOS) of both the PIC and VO.

6. PIC and VO will be able to verbally communicate at all times.

7. The UAS will yield to all manned aircraft at all times.

8. All required permits and p ermissions will be obtained from local and state government should they be required.

9. A pre

- flight inspection by the PIC will be performed prior to each flight to assure that the UAS is safe for flight. A post

- flight inspection will also be performed as an added level of safety.

10. Full aircraft inspections will be completed in accordance with manufactures instructions.

11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any condition that could pose a hazard to any othe r aircraft or structure or person on the ground.

12. The UAS will not be operated at a battery level below 20%.

13. Prior to all UAS operations a pre

- flight meeting will be held by the PIC to determine the parameters of flight in a given location, any hazards present, weather conditions, safety procedures at the specific location and approximate duration and route of fl ight.

14. The PIC will have a minimum of 10 hrs. flying time and operated at least 50 individual flights of

similar UAS multirotor aircrafts.

It is my belief that small unmanned aerial systems, used by experienced and responsible operators, following the pol icies outlined above, operating in privacy conscious way; will in turn offer aerial imaging to the general public in ways that are more cost effective, safe, and efficient than the traditional

methods of manned aircraft.

I respectfully request the FAA to grant an exemption to Airshotz Photography & V ideo for commercial UAS aerial photography operations under the Reform Act of 2012.

If any of procedures, policies, or content of this request do not meet the requirements of an exemption,

it is Airshotz Photo graphy & video intention to adjust its policies in accordance to the FAA’s requirements outlined in the granted exemption.

Sincerely,

Jason D Bross

– Owner of Airshotz Photography & Video 3714 North Shingle Rd

, Shingle Springs, CA 95682

, (530)391

- 1695 airshotz@yahoo.com

## Airshotz Photography & Video: FAA 333 Exemption Request

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Airshotz Photography & Video, requests an exemption from the following regulations as well as any additional regulations that apply to the operati on of DJI Inspire 1 or similar UAS’s for the purpose of aerial photography and video.

14 C.F.R. 61.113(a) and (b) Airshotz Photography & Video will use speciall y trained staff to conduct the UAS operations. While these individuals will not hold commercial pilot licenses, they will have at least 10 hrs. of flying time, have

conducted at least 50 individual flights and read UAS manufactures manuals and operating procedures.

In addition each PIC and VO will be required to sign a document confirming the understanding of Airshotz Photography & Video operating and safety policies and the granted Airshotz Photography & Video exemption. The UAS will not carry property for compensation or hire since they w ill be used solely to provide our clients with aerial imaging. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The UAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of Airshotz Photography & Video clients. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on Airshotz Photography & Video. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 CFR Part21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues t o work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the UAS operated by the applicant under either or both of the following provisions: 21 .191 Experimental certificates. Experimental certificates are is sued for the following purposes: Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. Showing compliance with regulations. Conducti ng flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compl iance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property and will only fly under strict operational requirements. As Airshotz Photography & Video’s UAS also carries no combustible fuel, weighs less than 6.5 p ounds and is constructed primarily of plastics and composites, we propose the UAS is at least as safe, if not significantly safer than conventionally certified aircraft used within similar parameters.

## Airshotz Photography & Video: FAA 333 Exemption Request

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlin ed in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard t he aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.”

As the UAS is too small to carry documentation, does not have an entrance and does not carry a crew, we propose the following in order to meet the intent of 91.203 and provide an equivalent level of safety. All documents deemed appropriate by the FAA for this ai rcraft will be located at the operational ground station for each flight in proximity to the PIC and VO and will be available for inspection on request. In order to identify the aircraft, we propose to use the manufacturer’s model and production codes

loc ated on th e aircraft as well as an Airshotz logo affixed to the aircraft as well.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

This regulation provides that no person may operate an aircraft unless a current, approved fligh t manual is in the aircraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft.

Airshotz Photography & Video requests an exemption to this requirement as the UAS cannot, gi ven its size, carry the flight manual. To meet an equivalent level of safety, we propose to have the current manufacturer’s flight manual and the Airshotz Photography & Video flight manual at the operational ground station of each flight, available to both the PIC and VO.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, system, or structure. Since the UAS will be operating a t a maximum 200 feet AGL, we cannot comply with this requirement and thus ask for an exemption. In order to provide an equivalent level of safety, we propose the following.

The UAS will only be operated within VLOS of the PIC and VO at a maximum range of 1000 feet from the ground station.

## Airshotz Photography & Video: FAA 333 Exemption Request

A preflight safety risk assessment will be completed prior to each flight to ensure the UAS is in a condition for safe flight and that the planned operation can be completed safely. Airshotz Photography

& Video Flight Manual and Pre

- Flight Checklist is included as Appendix A and Appendix B.

The UAS will not be operated within 5 NM of any airport and will only be operated with the consent of property manager and /or owner.

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 nautical miles of the aircraft.

The UAV will always be flying below 200 feet AGL within VLOS of the PIC and VO that will provide separation from terrain, structures and other aircraft. Also, the UAS will continually transmit an AGL reading back to the controller at the ground station and the AGL lock in the UAS’s software will be s et to 400 feet, providing an equivalent level of safety.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes.

The UAS is smart battery powered and continually transmits battery charge information back to the ground station to be evaluated by the PIC who will return the UAS back t o the ground station prior to the battery showing 20% remaining capacity. We feel that this combined with the fact that the UAS will have a maximum range of 1000 feet from the ground station provides an equivalent level of safety.

14 C.F.R. 91.405(a), 91. 407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) Maintenance, Preventive Maintenance, and Alterations.

We propose that the PIC perform maintenance and inspection and “be authorized to approve the aircraft for return to service.” As pr ovided for in Appendix A, the PIC will inspect the aircraft prior to every flight to ensure it is in airworthy condition. A maintenance check will also be performed at intervals instructed by the manufacturer, DJI. Any general maintenance and repair or rep lacement of components will be completed by the PIC following the manufacturer’s recommendations and documented in accordance with 91.417. In any case where the UAS cannot be returned to service by the PIC, or is suspected to be unsafe, the UAS will not be operated until returned to all manufacturer specifications. We feel that due to the simplicity, size, robustness and construction of the aircraft, the PIC can assure an equivalent level of safety.

8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16( eX1) Observer Medical

## Airshotz Photography & Video: FAA 333 Exemption Request

This policy provides that both the PIC and observer must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. We f eel that requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

Since the UAV is of small size, unmanned, has an auto return home feature, will be operating at low altitudes, will not operate over a densely populated area, and required to be in VLOS of the IC and VO at all times, we feel both the PIC and VO requiring vision corrected to 20/20 and a valid state issued driver’s license supports medical requirements.

APPENDIX A

Airshotz Photography & Video Flight Parameters and Restrictions

1. All flights will occur in FAA Class G airspace at no more than 200 feet AGL and no further than 1000ft

from the PIC.

2. The UAS will not be flown faster than 40mph or as limited by FAA regulations. 3. All operations will utilize a PIC and VO with the PIC and VO able to communicate verbally at all times. 4. All operations will occu r only during daylight hours and in weather conditions equivalent to VFR. 5. All operations will occur at VLOS from the PIC and VO. 6. The PIC and VO will have a pre

- flight meeting at the site of the operation just prior to the flight to assess weather, ar ea of operation, topography, flight time, route, hazard mitigation and overall operational and safety parameters. Also during this meeting, the pre

- flight aircraft checklist (see Appendix B) will be implemented. 7. PIC is responsible for maintaining an est ablished safe emergency landing plan if at any time during the operation conditions become unfavorable due to unforeseen hazards, safety concerns, or weather. 8. All operations will be reviewed prior to flight and conducted with the full permission of the property

owner or manger. 9. Flight planning will include the termination of the flight with 20% battery remaining, as determined by the data link between the UAS and ground station. 10. The UAV will at all times give way to manned aircraft.

11. Prior to e very flight, a highly visible launch banner will be placed at the site of the ground station to allow an outside observer to determine the location of the UAS’s origin and command point. 12. All permits required by state and local governments will be obtai ned prior to any operations. 13. No flight operations will occur without a successful pre

- flight inspection by the PIC before each flight to determine that the UAS is in a condition for safe flight. 14. At the conclusion of each flight a post

- flight inspec tion will be done to assess the condition of the UAS. 15. A full aircraft check will be performed in accordance with manufactures instructions. 16. Replacement of parts shall only be done according to manufacturer’s instructions. 17. All flight operations will be logged in a flight logbook. 18. All maintenance done and inspections performed will be lodged in a maintenance log.

## Airshotz Photography & Video: FAA 333 Exemption Request

19. Check for software updates weekly and upload to UAS as needed to continually keep the UAS software as current as possible.

APPENDIX B Airshotz Photography & Video Pre

- Flight Checklist

1. Ensure the area identified for flight is considered FAA Class G airspace, winds conditions are less than 15mph, and weather conditions are favorable. 2. Identify all potential obstructions and safety hazards in or near the area planned for flight. 3. Inspect all propellers for proper tightness and that they are free of cracks, dings, chips and excessive

wear. 4. Inspect all wir ing and motors. 5. Inspect the airframe for cracks or damage. 6. Inspect battery voltage of UAS on

- board battery and Remote Controller/Transmitter battery to ensure there is sufficient energy in both systems for safe flight.

7. Turn off Wi

- Fi wireless on a ll devices located the person or within 10ft of the PIC and VO. 8. Recalibrate compass according to manufacturer’s instructions. 9. Always turn on Remote Controller/Transmitter before turning on UAS battery.

10. Ensure that a link between Transmitter and U AS is established and that GPS link is established. 11. Engage throttle, lift aircraft off the ground and verify the aircraft responds properly to all inputs and hovers accurately.