HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC.

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

HOLY CITY AERIAL PHOTOS LLC, F OR AN EXEMPTI ON SEEKI NG RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS ( 14 CFR) PART 21 SECTIONS; §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b). CONCERNI NG OPERATI ON OF AN UNMANNE D AIRCRAFT SYSTEM

PURSUANT T O SECTI ON 333 OF THE FAA MODERNIZATI ON AN D REFORM ACT OF 2012

Holy City Aerial Photos LLC. Joshua G. Fugle (Pro Se.) 3067 Sugarberry Ln Johns Island , SC 29455 Tel: ( 843 ) 209

- 8695 Email: jgfugle @ gmail .comHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 2 TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS .......................................................................... .3 SUMMARY .................................................................................................................. .4 INTRODUCTION AND INTERESTS OF PETITIONER ............................................4 BACKGROUND .................................................................

.. ....................................... ..5 BASIS FOR PETITION ................................................................................................. 7 NAME AND ADDRESS OF PETITIONER ...................................................... 7 SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HOLY CITY AERIAL PHOTOS SEEKS EXEMP TION.........................................................

.... 8 THE EXTENT OF RELIEF HOLY HCAP SEEKS AND THE REASON HCAP , SEEKS RELIEF & REASONS WHY GRANTING HCAP, THE EXEMPTION
REQUEST WOULD BE IN THE PUBLIC INTEREST

...................... . ...... ... .1 4
NOT ADVERSELY AFFECT SAFETY ................................................16 FLIGHT OPERATIONS................................................................... 18 CONCLUSION .............................................................................................................

. . 21HOLY CITY AERIAL PHOTOS SECTION 333 Page 3 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level ATC Air Traffic Control COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation NAS National Airspace System Section 333 FAA Modernization and Reform Act of 2012, Section 333 SMS Safety Management System UAV Unmanned Aircraft System VFR Visual Flight Rules VMC Visual Meteorological Conditions VTOL Vertical Take Off and LandingHOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 4 SUMMARY

HOLY CITY AERIAL PHOTOS LLC., seeks exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21. This exemption will permit HOLY CITY AERIAL PHOTO LLC. to operate its various Unmanned Aircraft Vehicles (“ UAV ”) at or above wind power generation facilities, onshore oil & gas facilities, onshore pipelines and other remote/uninhabited locations, while keeping the documents required by the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the exemption will relieve HOLY CITY AERIAL PHOTO , LLC. from the airworthiness certificate standards and the requirement to have a certificate of airworthiness issued for its UAV. This exemption will also permit any required markings concerning the operational status of its UAV to be displayed on the main section of the unmanned aircraft.

INTRODUCTION AND INTERESTS OF THE PETITIONER HOLY CITY AERIAL PHOTOS , LLC. (Hereinafter referred to as “ HCAP ”) is a 1 year old wind aerial and traditional photography firm with a long and well-recognized history in commerical photography operations. HCAP employees extensive experience in utilizing multirotor Vertical Take Off and Landing Unmanned Aerial Vehicles, (VTOL) (UAV ’s ), for the purpose of making highly accurate aerial inspections of residential and commerical real estate properties.

HCAP plans to operat e a variety of VTOL aircraft for real estate aerial inspections and will continue to acquire additional UAV’s all under 55 lbs in weight

. As set forth in this Petition, HCAP seeks to operate its UAV ’s for the purpose of aerial photography of its legacy traditional photography customers and to expand to support the growth of new customers in the the United States. HCAP plans to do this with a continued focus on safety and the highest standards of quality, maintenance and reliability.HOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 5 BACKGROUND Unmanned Aircraft Vehicle : DJI PHANTOM II UAV

HCAP seeks an exemption to operate its existing DJI PHANTOM II UAV, for compensation or hire withi n the national airspace system (“NAS”).

The DJI PHANTOM II UAV is comprised of a VTOL unmanned aircraft and a transportable ground station. The DJI PHANTOM II UAV has a maximum gross weight of approximately one (1 ) pound and the following technical and operational specifications: Weight (Battery & Propellers included)-1030g Hover Accuracy (Ready to Fly)-Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity-200°/s Max Tilt Angle-35° Max Ascent / Descent Speed-Ascent: 6m/s; Descent: 2m/s Max Flight Speed-15m/s Diagonal Length-350mm Power Consumption-5.6W Flight Time-25mins Take-off Weight- ≤1300g Operating Temperature

-- 10°C ~ 50°C Supported Battery-DJI Intelligent Battery Type-3S LiPo Capacity-5200mAh, 11.1V Charging Environment Range-0 °C to 40 °C Discharging Environment Range

-- 20 °C to 50 °C Operating Frequency-2.4GHz ISM Communication Distance (open area)-1000m Receiver Sensitivity (1%PER)

-- 97dBm Working Current/Voltage-100 mA@6V Battery-4 AA Batteries The DJI PHANTOM II unmanned aircraft is equipped with four (4) propellers driven byHOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 6

Four (4) Lithium Polymer battery powered electric motors.

FIGURE 1: VENTUS ’s DJI PHANTOM II with GoPro Hero 3 Camera System

1 HCAP will submit an Aircraft Registration Application for each UAV upon the grant of the exempti ons sought by this Petition.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 7

Proven Operational History of: DJI PHANTOM II :

The DJI PHANTOM II is currently operating safely within the NAS. HCAP has been operating UAV ’s under 55l b s for the past year without any recorded incident, accident or failure. BASIS FOR PETITION

Petitioner, HOLY CITY AERIAL PHOTOS , LLC., pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

In accordance with 14 C.F.R. § 11.81, HCAP provides the following information in support of its petition for exemption:

A) Name and Address Of The Petitioner. The name and address of the Petitioner is: HOLY CITY AERIAL PHOTOS Mailing Address: 3067 Sugarberry Ln, Johns Island SC 29455 General Office: 3067 Sugarberry Ln, Johns Island SC 29455 The poin t of contact for this Petition and specific contact information is as follows: Joshua G. Fugle HOLY CITY AERIAL PHOTOS Mailing Address: 3067 Sugarberry Ln,, Johns Island SC 29455 Tel: ( 843 ) 209-8695 Email: jgfugle@gmail.comHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 8

The Specific Sections of 14 C.F.R. From Which HCAP Seeks Exemption.
1. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)
Subpart H, entitle d Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by HCAP , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

an d proximity to airports an d populate d areas of the particular UAV. In all cases, an analysis of these criteria demonstrates that the UAV operate d witho ut an airworthiness certificate, in the restricte d environment an d under the conditions propose d will be at least as safe, or safer, than a conventional aircraft (fixe d win g or rotorcraft) operatin g with an airworthiness certificate witho ut the restrictions an d conditions proposed. All of the UAV ’s to be operate d hereunder are less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured area as set out in the HCAP Operations Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlle d an d monitore d by both the operator, pursuant to the Manual’s requirements, an d under the requirements an d in compliance with local public safety requirements, to provide security for the area of operation as is no w done with conventional inspections. The FAA will have advance notice of all operations. These safety enhancements, which already apply t o civil aircraft operate d in connection with power generation inspections, provide a greater degree of safety to the public an d property owners the n conventional operations conducte d with airworthiness certificates issue d under 14 C.F.R. Par t 21, Subpar t H. Lastly, application of these same criteria demonstrates tha t there is no credible threat to national security pose d by the UAV ’s, due to their size, spee d of operation, location of operation, lac k of explosive materials or flammable liqui d fuels, an d inability to carry a substantial external load.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 9

2. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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 operator 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 UAV will have no airworthiness certificate, an exemption may be needed as the UAV will have no entrance to the cabin, cockpit or pilot station on which the words "limited," "restricted," "light-sport," "experimental," or "provisional," can be placed. Given the size of the UAV, two-inch lettering will be impossible. The word "experimental," may be placed on one of the rotor arms of each UAV , in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAVs marked on their rotor arm as required by §45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAV as "experimental,". The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.
3. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAVs will not carry a pilot or passengers, the propose d operations can achieve the equivalent level of safety of current operations by requiri ng the PIC operatin g the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate these small UAVs. Unlike a conventional aircraft that carries the pi lot and passengers, HCAP ’ s UAV s are remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the HCAP Operations Manual

. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the UAVs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 whenHOLY CITY AERIAL PHOTO SECTION 333 PETITION Page 1 0

drafted, that allowing operations of the se UAVs as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

4. 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

5. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides:

No person may operate a U.S.- registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The UAV s, given their size and configuration have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAV will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.HOLY CITY AERIAL PHOTO SECTION 333 PETITION Page 1 1

6. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for
t he aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

7. 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a mann ed free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

8. 14 C.F.R. §91.119: 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 complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAV that is a multi-rotor VTOL and the exemption requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform from which operations are planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAV will never operate at higher than 400 ft. 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 consent.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 2

The equivalent level of safety will be achieved given the size, weight, speed of the UAVs as well as the location where they will be operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice 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 Manual. Compared to flight operations with aircraft

or rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 ft. AGL in the power generation industry. In addition, the low-altitude operations of the UAVs will ensure separation between these small UAV operations and the operations of conventional aircraft that must comply with Section 91.119.

9. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

10. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “a fli ght 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 batteries powering all of HCAP's UAV ’s provide approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAV flights would be limited to approximately five (5) minutes in length. Given that this limitation would prohibit the flight of the UAV’s a longer time frame for flight in daylight or night VFR conditions is reasonable.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 3

HCAP believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAV, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAV. Additiona lly, limiting UAV flights to 5 minutes would greatly reduce the utility for which the exemption will be granted. HCAP believes that 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 UAV ’s to their planne d landi ng zone from anywhere in their limited operatin g area. Simila r e xemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
11. 14 C.F.R. §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: (1) An appropriate and current airworthiness certificate. . . . (b) 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 or crew.

All of HCAP's UAV ’s fully loaded weigh no more than 55 lbs and are 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 UAV ’s

. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to the UAV. The FAA has issued numerous exemptions to this regulation. AHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 4

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

12. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft o perator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided 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. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to HCAP . Maintenance will be accomplished by HCAP pursuant to the flight manual an d operatin g handbook as reference d in the Manual.(See Sections L an d Q) An equivalent level of safety will be achieve d because these small UAVs are very limite d in size an d will carry a small payloa d an d operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, HCAP will ensure that every UAV is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

13. The Extent Of Relief HCAP Seeks And The Reason HCAP Seeks Relief From 14 C.F.R. § 21.185. HCAP seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes to commercially operate the DJI PHANTOM II UAV without an airworthiness certificate, for the special purpose of conducting aerial inspection services for its customers, pursuant to specific operating limitations and a Safety Management System (“SMS”). HCAP seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the DJI PHANTOM II UAV, which have not yet been type certificated by the FAA, may be operated as if they were a restricted category aircraft for a single, defined, special purpose operation (i.e., aerial inspection)

.HOLY CITY AERIAL PHOTOS 333 PETITION Page 1 5

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), HCAP seeks relief from the airworthiness certificate requirements of the FAR because operation of the DJI PHANTOM II will not create a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. Section 333 sets forth the requirements for considering whether a UAV will create a hazard to users of the NAS or the public or pose a threat to national security. Further, Section 333 provides the authority for such UAV to operate without airworthiness certification. Specifically, Section 333 states the following, in part:
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, Unite d States Code, is require d for the operation of unmanned aircraft systems identified under paragraph (1set forth below, numerous factors, including the proven safe operational history of the DJI PHANTOM II UAV in the NAS, as well as the specific parameters of HCAP's intended operation pursuant to this exemption, demonstrate that the DJI PHANTOM II UAV ha s in the past, and will continue in the future, to operate safely in the NAS without creating a hazard to other aircraft or people on the ground. Accordingly, the FAA may approve operation of the DJI PHANTOM II without an airworthiness certificate, by setting forth specific operating limitations to ensure a level of safety equivalent to what would be provided by airworthiness certification.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 6 ********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

HCAP seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); §§ 61.113(a) & (b); 91.7(a); 91. 9 (b) (2); 91.103 (b);91.109; 91.119; 91.121; 91.151 (a); 91.203(a) an d (b); 91.405(a); 91. 407 (a) (1); 91. 409 (a) (2); 91.409 (a) (2), 91. 417 (a) & (b), as well as the restricte d category airworthiness certification standards specifie d in 14 C.F.R. § 21.185 to operate commercially unmanne d vehicle (55lbs or less) for aerial inspections.
Approval of exemptions allowing commercial operations of UAVs in the power generation inspection industry will enhance safety by reducing risk. Conventional power aerial photography , using persons piloting aircraft and operating photography equipment are potential cause for pollution and potential injury

. In contrast, a HCAP UAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all human risk to serious injury given that the PIC is on the ground. Every HCAP UAV is carried to the inspection site and not flown. The UAV ’s will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UAVs, weightin g less t han 55 lbs., conducte d in the strict conditions outlined above, will provide an improved level of safety supporting the grant of the exemptions requested herein, including exempting the HCAP from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted by humans dangling from ropes.

Reasons Why Granting HCAP ’s Request Would Be In The Public Interest Granting the present Petition will further the public interest by allowing HCAP to safely, efficiently, and economically perform aerial photography services of real estate and land developers

. Additionally, use of the HCAP UAV’s will increase worker safety by reducingHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 7

human exposure to aviation dangers , increase the frequency of real estste inspections being performed thereby creating a eduction in costs associated with land development. Notably, the benefits of the proposed operation of the HCAP UAV will be realized without implicating any privacy issues.

Figures 4 & 5: Photos of Current Rope Access Inspection TechniquesHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 18

Privacy: All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Aerial inspections will be of power generation equipment, production facilities or buildings in remote or uninhabited areas. Set forth below are pictures of aerial inspections conducted in the day environment, as performed today using humans on ropes. The grant of this exemption request will provide improved safety in day operations.

Flight Operation s: Flight Operations pursuant to the exemption sought would be limited to areas that are not in th e proximity of airports or over populated areas. HCAP proposes to only conduct aerial insp ection flight operations over private land, in rural areas of the Unite d States that are n ot n ear populate d areas, airports, helipads, or state roads. Specifically, HCAP's proposed areas of aerial inspections include rural areas that are: 1. Not populat ed areas as depicted on VFR Sectional Aeronautical Charts; 2. Not within five (5) miles of any airport or helipad; 3. Not within one hundred (100) meters of state roads having more than two lanes; and 4. Not within fifty (50) meters of state roads having two lanes or less.

HCAP will operate all of its UAV ’s by regulations such as the ICAO (International Civil Aviation Organization) and the FAA’s own national airspace regulations. In order to increase flight safety and prevent accidental flights in restricted areas, all of HCAP's UAV’s will be operated utilizing Category “ A ” No Fly Zone restrictions.HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 19 Figure 4: Example of Category “ A ” No Fly Zone for HCAPHOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 2 0

A buffer or exclusion zone for flight operations will also be implemente d aroun d state roads. Since the roads are represente d geometrically as lines, the buffers re sult as a one hundred (100m) corridor around state roads with more than two lanes, and fifty (50) meters around state roads with two lanes or less. In summary, HCAP seeks to operate its UAV’s only over rural areas, while maintaining safe distances from any populated areas, airports, helipads, or roadways.

Operation Of HCAP ’ s UAV’s Will Be Conducted Pursuant To HCAPS's Operations Manual (For UAS’s under 55 lb s)
. ” HCAP's Operations Manual will control operation UAV’s and will significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from which HCAP now seeks relief. Pursuant to the Operations Manual and 14 C.F.R. § 43.13, entitled Performance Rules (general), each person performing maintenance, alteration, or preventive maintenance on any of HCAP's UAV’s , motors, propellers, hardware, guidance systems or appliances shall use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator. Each person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices. A copy of the Operations Manual is attached hereto as Exhibit A , and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).3

Flight Operations Of HCAP's UAV’s Are Limited To Line Of Sight Of The PIC WithA Safety Observer. HCAP will only utilize PIC’s with a valid Recreational or Private Pilot rating certificate issued by the FAA for operation of all UAV’s and a Class II I Medical Certificate or higher

. Additionally, all pilots will be assisted by a safety observer. The pilot in command and safety observer must meet the requirements as set forth by the Operations Manual adopted by HCAP for flight operations of the UAV’s

.HOLY CITY AERIAL PHOTOS 333 PETITION Page 2 1

CONLUSION:
Satisfaction 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 security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the power generation industry pursuant to the Manual appended hereto.

_____________________________

Joshua G. Fugle (Pro Se.) 3067 Sugarberry Ln Johns Island, SC 29455 Tel: ( 843 ) 209-8695 Email: jgfugle@gmail.com

# Appe nd ix A

DJI PHANTOM II Ope r ator Manual

URL Below http://www.dji.com/product/phantom-2/download

# Appe nd ix B

A irspace Example

# HOLY CITY AERIAL PHOTOS Airspa ce Example *

* This example is intended as a theoretical sample only and does not identify all hazards and risks but rather points out a select few that may be considered before a UAS flight is considered. Educational purposes only. Do not use for navigation. 

### Identifier Consideration Fossil Power Generation Facility

-- Use to Identify exact location for NOTAM Victor Airway 234

------ - ---- Be aware of aircraft on Victory Airway 234 Transition Area

--------- - Be aware of aircraft on long final for RWY 18 Public Airport KSAR

----- Notify Airport /Distance >5sm

DO NOT USE FOR NAVIGATION

# Appe nd ix C

HOLY CITY AERIAL PHOTOS P er s ona l P ro tocols and ControlsPr o tocols an d Co n tr o ls

HOLY CITY AERIAL PHOTOS Safet y fo r pub l ic o n t he gro und as w ell as man ned ai rcraf t ab ov e is an ess en t ial and utm os t
cons ide ratio n fo r ae ria l v i de os and ph otogr aphy. A s suc h, safet y protocol s and contro ls mus t be implem en t ed throug h p re-f li g ht pr epa ration a nd du ri ng flight. Pre-Flight P ro tocol: Obtain any NOTAMs, TFR's, etc before flight

. C he c k ba tteri es with Battery Management System to insure f ul ly c ha rg e. Ins pe ct ba tter ies for da mage or l eaka ge t hat m ay affect prop er o pe ratio n. Inspect prop el lers for cracks, c hips or da mage that may c au se s udden loss of prop ul sion o r un m ana g eable/un controll ed f li ght. Cons ult Sectional Charts to identify airspace and location

. Obtain a weather briefing for the flight are a
. o Contact an y local airports to advi se of estimat ed flig ht tim e, estimat ed flight du ratio n, estimat ed e l eva tio n of flight in addition to filing for a NOTAM

. Ins pe ct flig ht ar ea for
o vicinity of pub li c safety heli pad s /h eliports
o vicinity of m edi c al h el ipad s/h elip orts
o vicinity of lig ht po les
o vicinity or utility wir es
o vicinity of tr ees o floc ks of bir ds t hat m ay cause in te rf er en ce and p ot en ti al f li g ht im pa ct
o vicinity of any el eva t ed obstructio ns t hat m ay p os e pot en ti al f li g ht ha zar d
o vicinity of roadw ays with mo de rate to heavy traff ic that c an be distract e d
o p ub l ic gat he rings t hat m ay a ttract viewers
o optio n al p o int of contro l for be st vis ual site of UAS while i n flig ht T ake off and la n ding
o ins pe ct area for be st and safest point of ta ke off and l a nd i ng o Erect a barricade that is consistent with plant site restricted space and post signage. Flight P ro tocol:

ta k e off and l and fro m same location remain alert to birds, so und or aircraft , curio us pub li c , and app roachi ng veh icl es do not al low an yo ne to en gage i n co nve rsation or distract t he re mo te contro l p ilo t restrict flig ht to m in im al eleva tio n suffic ient to ac qu ire de sir ed results remai ned prepared for emerg en c y l a nding at al l tim es pay a tt en tio n to flig ht time
o Programmed alarm on the pilot's remote and UAS will signal battery levels l and UAS and s hut down prop ul sio n i mm e dia tel y followi ng lan di ngPr o tocols an d Co n tr o ls

HOLY CITY AERIAL PHOTOS Post fli g ht:

a
. disco n ne ct ba tter y to pr event acci den t al a cti va tion of pro pu lsio n syst em b. secure UAS in a safe location
c
. remo ve all b arricades and signage in accordance with plant site procedures Emergency or S usp ec te d Ha za rd :
I mm ed ia te l and UAS at safest a nd cl os et gro und l ocation in t he event
o ma nned aircraft is hea rd or s een in vici ni ty of flig ht
o there is a publ ic gat he r ing wit hin e st abli s hed safet y b ou nda ry w an ti ng to obser ve f li g ht
o pilot is being distract ed fro m focusi ng on flig ht and safety
o s udden change i n w ea t her
o s udden incr ea se i n vehi c ular traffic i n vi c in it y of flig ht
o bir ds en t er into pro xi mity of flig ht
o any s udden un safe event that c an c au se col li sio n, di straction or interruptio n of control

# Appe nd ix E

HOLY CITY AERIAL PHOTOS Safety/Fl i ght Man ua lSa fety Fli ght Ma nu al Fossil and Renewable Power Generation Facilities
Safety for public on the gro un d as well a s m a nn ed aircra ft above i s an essential and u tm ost c on sideration for aeria l video s and phot og raphy inspections . M aintaining a record of sa fe flight for FAA re qu est and for de te rmining future UAS sa fety protocol s i s imperative. Da te: Locatio n: Pre-flig ht In s pe ctio n: Y es No Comm en t:
E l e m en t s ( c i r c l e) ( c i r c l e) C o m m ent Ceilings Go No Go V i s ibi l i t y G o No Go W i nd S peed Go No Go

Proximity to airport : (s ee attac hed m ap pinp ointi ng app ro xi mat e locatio n of flight ) Airport notifi ed Y es N o Da te: Time: Pho ne Num be r: Contact Nam e:

N ea rest major structure : Proximity to m ed i um traff ic road: Proximity t o heavi ly tr aveled ro ad w ay roa d: Proximity to congest ed populatio n:
A pp r o x
. T ake o f f T i m e A pp r o x
. L and i ng T i m e E s t i m a t ed E l eva t i o n

S a f e t y C o n c e r n s :

A dd i t i o nal C o m m en t s :

U ned ited flig ht video/ pho t os av ai labl e f or FAA up on writt en reque st within 18 0 d ay s of flight : Y es No