### 1 **Richard N. A arons Photography** 

**Ridgefield CT**
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**

Dear Sir/Madam This petition is being submitted on my own behalf without legal counsel or consulting services. Wemake this application Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11. **Richard N**  **Aarons Photography (RNA)**  is a sole proprietorship that provides analog and digital still and video forensic photography instruction and consultation to public safety officers and agencies. RNA seeks to use a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography to demonstrate system capability and safe operating practices for the use of this equipment in various law enforcement and emergency management missions. We hereby apply for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333

. The requested exemption would permit RNA to pursue its commercial interests in providing services to clients interested aerial data capture using a small advanced sUAV in the following areas:

• Accident Investigation

• Crime scene documentation

• Search & Rescue

• Disaster damage assessment

• Tactical assessment and entry

• Safe use of sUAS in public safety and emergency management

• Other public safety survey missions RNA states that all sUAS flights for training and demonstration purposes will occur over private or controlled access property will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where operations will take place.

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Additi o nally, the petitioner states he is a retired commercial pilot and flight instructor and a holder of a valid ground instructor certificate with basic, advanced and instrument ratings. He is a graduate of the Transportation Safety Institute’s Air Accident Investigation Program and a member of the International Society of Air Safety Investigators. He is Safety Editor of Business & Commercial Aviation Magazine , Aviation Week Group, Penton Publishing. His understanding of the National Airspace System and Safety Management concepts further add to the safety of th e proposed sUAS operations. Observers or assistants if required by RNA will complete sufficient ground school to understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non
-towered airports along with appropriate sections of the Aeronautical Information Manual. Regulations from which exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R

. 61.113(a) and (b) 14 C.F

. R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F

. R. 91.151(a) 14 C.F

. R. 91.203 (a) & (b) 14 C.F

. R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401
- 91.417)

Unmanned Ai rcraft System sUAVs are often seen as superior to helicopters due to the smaller devices’ cheaper equipment a nd personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. Additionally, public safety personnel can use sUAV rather than tower trucks (traditionally used) for high
-angle forensic photography presenting a safer working environment for investigators on the scene and the general public. We are petitioning for exemption to enable Richard N. Aarons Photography (RNA) to operate a DJ I Phantom 3 equipped with a DJI gimbal and camera. This aircraft is registered with the FAA as N26UV

. Similar sUAVs may be added in the future and will be registered as civil aircraft,will have a MGTOW under 55 pounds and a max speed under 50 mph . They will meet any certification and operational requirements under the Part 333 exe mption if granted. Phantom 3 N26UV has a built
- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. Th e Phantom also has the failsafe function of the Naza
- M autopilot system which means when the communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. 

### If the GPS signal is good enough, the system will automatically return home.

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The above specifications meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and wi ll operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• When flyin g sUAV within 3 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full
-scale aircraft.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AG L , and not more than 200 feet above an e levated p latform from wh ich fi l ming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator.

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman and will meet the self assessment medical requirements applicable to sports and glider pilots

. • The sUAS operated by the petitioner weighs less than 

### 55 pounds, including the payload (i.e. camera , lens and gimbal).

• The sUAV will operate at speeds of no more than 

### 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment with i n wh i ch they will operate, our sUAS operati ons adhere to the Reform Act' s safety requirements. Additionally, the fact that the pilot holds an FAA pilot license and Ground Instructor Advanced and Instrument certificate, and that he is a trained air safety investigator demonstrate that he has a high understanding of and regard for safe operations with an understanding of FARs, pre-flight inspections , maintenance and repair operations and safety management systems (SMS). Under the requested exempti on the petitioner ensures that he has compl eted a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidance documents; aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision
- making and Safe Operating Procedures. We respectfully request exemption under Section 333 to enable Richard N. Aarons Photography to operate efficient, limited, low
-risk commercial sUAV operations for the activities stated respecting at all times the space and privacy of citizens and property whilst keeping our skies safe. Sincerely Richard N. Aarons Photography 638 Danbury Road, Unit 15 Ridgefield CT 06877 203
-438
-9350 dick@dickaarons.com

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### EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF **SAFETY** Richard N. Aarons Photography requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System: 

### 14 **CFR Part**  **21, Airworthiness**  **Certificates** This part establishes the proced ures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJ I Phantom 2 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

### (a) **Research and**  **development.** Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

### (b) **Showing compliance with regulations.** Conducting fl ight tests and other operations to show compliance with the a i rworthiness regulations including fl ights to show compl i ance for i

ssuance of type and supplemental type certificates, flights to substanti ate major design changes, and flights to show compliance with the function and rel iability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrati ons, and customer crew training, we would expect that an experi mental certificate wou l d perm it our commerci al purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. 

### If an experim ental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21,Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

### 14 **CFR 45.23**  **Display of**  **marks; general and**  **45.29 Size**  **of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration i nformation at the ground station. 

### 14 CFR **61.113 Private**  **pilot privileges and limitations:**  **Pilo t**  **in Command and**  **61.133 Commercial**  **pilot privileges**  **and limitations.**  The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The

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flight is only incidental to that business or employment; and (2) The aircraft does not carry 

### passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Sport or Private Pilot certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR**  **91.7 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 **CFR 91.9**  **Civil a**  **ircraft flight**  **manual, marking,**  **and placard**  **requirements**
**.** This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight ma nual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for flight. 

### 14 CFR 91.109 Fligh**t Instruction; Simulated instrument flight and certain flight tests**  The regu lation states that "No person may operate a civil a i rcraft that i s be ing used for fl ight instruction un less that a i rcraft has fully functi oning dual controls." The s UAS System grou nd
-based control station consists of a small hand
-hel d rad io transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the si ngle set of controls si multaneously. With both student and instructor havi ng "hands
-on" the controls during fl ight, we feel that th is techn i que meets the intent 91. 109 and provides an equivalent level of safety

. 

### 91.119 **Minimum safe**  **altitudes: General.**  The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre
- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

### CFR **91.121 Altimeter**  **settings.** The regulation requ ires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUASwill always fly below 400 feet AGL and will not need to mai nta i n cru isi ng altitudes in order to prevent confl i ct with other a i rcraft. An Above Ground Level alti meter measurement above the takeoff point i

s transmitted vi a rad io from the sUAS on-board computer to the d isplay screen held by the PI C , provid i ng a con stantly updated AGL readout. 

### 14 **CFR 91.151**  **Fuel requirements**  **for flight**  **in VFR**  **conditions.**

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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. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 

### 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemptio n to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

### 14**CFR 91.203(a)**  **& (b)**  **Civil aircraft:**  **Certifications required.**  The regulation provides that an a irworthiness certificate, with the registration number assigned to the a ircraft and a reg istration certificate must be aboard the 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." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this a ircraft by the FAA will be co
-located with the crew at the ground control station and available for inspection upon request. In order to i dentify the aircraft, we propose that the i nformation found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.


### 14 **CFR Subpart E (91.401**  **- 91.417)**  **- Maintenance, Preventive**  **Maintenance, Alteration** **s** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. 

### It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on
- board computer. All other maintenance will be performed by the manufacturer or their designated repa ir facility. The P C will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.