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Richard N. Aarons 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.

We make 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 thefollowing

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 inthe

area where operations will take place.
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Additionally, 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 

the 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

14C.F.R. 45.23 (b)

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

14C.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)

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

14C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters due to the smaller devices’ cheaper

equipment and 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 

DJI Phantom3 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 exemption 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. The 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

will 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 flying 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 AGL,and not more than 200 feet above an elevated

platform from which filming 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 within which they 

will operate, our sUAS operations 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 exemption the petitioner ensures that he has completed 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:

14CFR Part 21,Airworthiness Certificates

This part establishes the procedures 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 DJI Phantom 2 under either or both of the 

following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the followingpurposes:

(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 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 compliance 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, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's lightweight, beingconstructed 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 experimental

airworthiness certificate is notappropriate for this application, then we request an exemption of

14CFR Part21,Subpart H,and the requirement for an airworthiness certificate ingeneral,

citing the equivalent level of safety outlined in the previous paragraph.

14CFR 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" inthe 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 information at the ground station. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercialpilotprivilegesandlimitations.

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 requirethat

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.

14CFR 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.

14CFR 91.9 Civilaircraft 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 manual 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 Flight Instruction; Simulated instrument flight and certain flight

tests The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." The sUAS System 

ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the 

single set of controls simultaneously. With both student and instructor having "hands-on" the 

controls during flight, we feel that this technique 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 91.121Altimeter settings. The regulation requires that aircraft shall maintain cruising

altitudes by reference to an altimeter settingavailable within 100NMofthe aircraft.The

sUASwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in order

to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC,providing a constantly updated AGL readout.

14CFR 91.151Fuelrequirements for flightinVFR 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 exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14CFR91.203(a)&(b)Civilaircraft:Certificationsrequired.

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration 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 aircraft by the FAA 

will be co-located with the crew at the ground control station and available for inspection upon 

request. In order to identify the aircraft, we propose that the information 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,

Alterations

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 repair 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.