December :23. 1015 

U S Department ofTransportation 

Docket ivlanagement System 

1200 1 cw Jersey Ave .. SE 

Washington. DC 20590 

Rc: Petition of Aerial Fotography Sen ices for an [\emption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 20 11 

Director Flight Standard~ Sen ice. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 ("Reform Act") and 

14 C FR. Part II, Aerial Fotography Servites (Aerial Fotography) hereby applies for an 

exemption from the Federal :\viation Regulations ("Fr\Rs") identified bela\\ to allo'' 

commercial operation of small unmanned aerial \'chicles (1.e .. "small unmanned aircmfl'' or 

"UAS") for the purpose of conducting aerial photography: videography. cinematography: 

infrastructure inspection; crop.'' ildlife and forestry monitoring, mapping and surveillance for 

the motion picturl.!. tele\ ision. real estate. con:Muction. agriculture and web industries. In 

addition. Aerial f·otography "ill provide ~carch and rescue sen·ices to local municipalities. 

This petition for cxe1nption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying \erial Fotography documents. 

I PIC Flight Operation~ \·lanual and. 

2 Operations Manuals 

(Collecti\dy 1 and 3 are referred tt> as Documents & Manuals") 

3 User Guide and. 

-l Flight anual 

(Collectively 3 and 4 arc referred to as "Manufacturer's rvlanual-;") 

Aerial Forographv submib these supporting materials as confidential documents pursuant to I~ 

C F R * 11.35(b). as the materials contain confidential commercial and/or proprietary 

information that Aerial Fotography has not and will not share with other requesting parties 

J\dclitionally, these docurnents contain operating conditions and procedures that are not generally 

a\ ailable to the public and arc protected ti·om release under the Freedom of lnfonnation Act. 5 

l' S C § 552 ct seq NOTF.: ALL ATTACHMENTS SET FORTH I~ Sl lPPORT O F 

TH IS LETTER OF PETITION ARE CONFTDEl\T lAL .-\ '\ 0 SHALL '\OT B£ 

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tnformatton letter:. and !-ktfc ~ /set'\ tee hullctms 
U.S Department ofTransportation 

December 23, 20 15 

Page2 

RELEASED TO THE PUBLIC WITHOUT WRJTTEN AUTHORIZATION FROM 

THE PETITIONER. 

For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

II. Description of Proposed Operations 

A. Aerial Vidcography. Photography. Cinematography, Inspection. Mapping. 

Monitoring. Surveillance and Monitoring 

Ill. Relevant Statutory Authority 

lV. Aerial Fotography's Proposed UAS Operations Meet the Requirements of 

Section 333 of the Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight. Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H -Ainvotthiness Certificates and 14 C.F.R. § 

91.203(a)(1) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c). 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a). 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3. 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Aitwotthiness 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

H. 14 C.F.R. § 91.103: Preflight Action 

I. 14 C.F.R. § 91.1 09(a): Flight Instruction 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

K. 14 C.F.R. § 91.121: Altimeter Setting 

L. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

Vl . Drug and Alcohol Pr·ogram 

VU. Public Interest 

VIII. Privacy 

IX. Feder·al Register Summary 

X. Conclusion 
U.S Department of Transportation 

December 23, 2015 

Page 3 

I. DESCRIPTION OF PETITIONER 

Aerial Fotography is based in Roseburg, OR and provides aerial photography, videography, 

cinematography, infrastructure inspection. mapping, monitoring for the film. television. real 

estate, construction. agriculture and web industries. Additionally. Aerial Fotography will 

provide search and rescue services to local municipalities. The Company·s Principal and Chief 

Pilot Patrick Heaney has been flying UA V Quadcopters as a hobby for more than one year 

without incident. logging hundreds of hours flying. 

Upon the grant of the 333 Exemption the Company's business will specialize in aerial 

photography: videography: cinematography: infrastructure inspection: crop. wildlife and forestry 

monitoring, mapping, and surveillance for the motion picture. television, real estate. 

construction. agriculture and web industries. In addition. Aerial Fotography will provide search 

and rescue services to local municipalities .. 

Aerial Fotography"s staff are well trained and experienced in providing support as visual 

observers ("YO'') for the pilot in command ("PTC'') in addition to any other needed on site 

assistance. 

All of the equipment owned by Aerial Fotography is of the highest quality gear and has been able 

to provide these services safely and without any claims or incident. Aerial Fotography"s goal is 

to advise the perspective client that Aerial Fotography is following all the applicable state and 

federal rules to ensure the safety of the public while providing the client with a competitive and 

cost eJTective product. 

Aerial Fotography seeks an exemption to allow for aerial photography. videography, 

cinematography and other related media products. 

The contact infom1ation for Petitioner is as follows: 

Patrick Heaney 

Aerial Fotography Services 

1552 NW Keasey St 

Roseburg OR 97471 

Phone: 541-225-7250: Email: alsconstruction'a ljve.com 

IJ. DESCRIPTION OF PROPOSED OPERATION 

Aerial Fotography seeks an exemption pursuant to Section 333 of the Reform Act to operate the 

D.Tl Phantom 3: Blade Chroma: DJT Phantom 2: and OJJ Inspire (referred to 1\F-UAS) (under 

551bs) for the proposed operations discussed herein below. All UAS operations will occur under 

tightly controlled conditions on private property or approved location where Aerial Fotography 

has received verifiable permission to operate from the landowner. controller or authorized 

representative. The proposed UAS operations will be conducted in accordance with the 

conditions and limitations of this Petition for Exemption and Aerial Fotography's Operations 

Manuals. As detailed in Aerial Fotography's Operations Manuals, all UAS operations will be 

limited to daytime VFR conditions, ·within visual line-of-sight ("VLOS") of the operator, in 
U.S Department ofTransportation 

December 23. 2015 

Page4 

uncontrolled airspace, and will occur at least 5 nm away from an airport reference point. 

Moreover, Aerial Fotography"s Operations Manuals incorporate redundant safeguards to assure 

the aircraft does not travel outside the controlled area of UAS operations, including GPS "geofencing" technologies. 

A. Aerial Vidcograpby, Photography and Cinematography 

Aerial Fotography seeks to usc small AF-UAS for the purpose of aerial photography: 

videography; cinematography; infrastructure inspection: crop. wildlife and forestry monitoring: 

mapping and surveillance for the motion picture. television. real estate. construction. agriculture 

and web industries. In addition. Aerial Fotography will provide search and rescue services to 

local munjcipalities. Aerial fotography has purposefully tailored its operations to meet the 

requirements established by the FAA in prior grants of exemption authorizing commercial use of 

UAS in the real estate industry. including: 

• Astraeus Aerial (Exemption No. II 062) 

• Aerial MOB, LLC (Exemption No. 11066) 

• Pictorvision. Inc. (Exemption No. II 067) 

• HeliYideo Productions, LLC (Exemption No. II 065) 

• Snaproll Media. LLC (Exemption No. 11 063) 

• RC Pro Productions Consulting. LLC d/b/a Vortex Aerial (Exemption No. 11064) 

• Flying-Cam. LLC (Exemption Io. 11 080) 

• Aerocine, LLC (Exemption No. 11150) 

• Team 5. LLC (Exemption No. 11 158) 

• Alan D. Purwin (Exemption No. 11161) 

• Helinet Aviation Services, LLC (Exemption No. 11160) 

• Picture Factory. Inc. (Exemption lo. 11178) 

• Airshark (Exemption 1 o. 11651) 

• Trudeau, Realtor® (Exemption o. 11138) 

• Alon Sicherman (Exemption No. 11728) 

• Thomas Johann Walker (Exemption No. 12719) 

• Flight Ventures Ltd (Exemption No. 12284) 

• Eaglre View Aerial (Exemption No. 11790) 

All UAS photography. videography, cinematography, inspection. surveillance. monitoring and 

mapping operations will occur on private property or approved location in a controlled area away 

from spectators and persons not invol\'ed in the recording process. In addition. the filming will 

be conducted between dawn and dusk to ensure maximum safety for the pub I ic and those 

involved in the manipulation and operation of the VAS: VFR conditions. at altitudes below 400' 

above ground level ("AGL''). 

As set forth below. Aerial Fotography"s operations provide an equivalent level of safety which is 

superior to performing the same work using conYentional fixed-wing aircraft or helicopters. 

Small UAS recording operations is also safer than traditional manned aircraft performing the 

same funct ion. Yideographer. photographers and inspectors also frequently need to climb roof 

tops. trees, ladders or otherwise perform elevated work, which exposes them to the risk of 
U.S Department of Transportation 

December 23, 20 I 5 

Page 5 

dangerous falls, electrocution or other work related injuries. In addition, depending on the 

nature of the video needed and inspection. proximity to equipment. and other mechanical 

hazards associated with industrial sites and construction faci lities often involves a risk of 

exposure to hazardous conditions. The use of AF-UAS mitigates these hazards and is 

ultimately a much safer and cost efficient method of perfom1ing these and most other types of 

recording operations. 

Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level 

operations present risks associated with vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel \:vhich inherently presents significant fire 

hazards as well as exposure to other chemical contaminates. It is important to note the use of 

small UAS in this area will not only be safer and more cost effective to the perspective user or 

purchaser of the service. but the quality and expanse of acquired infonnation will be far more 

robust given the low cost associated \vith irs acquisition and other potential consumers an 

inexpensive product. 

UAS video production is more reliable, and allows for the collection, dissemination. and storage 

of visual and other sensory data with greater precision and duration at a very low cost. Small 

UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible 

or highly dangerous using conventional aircraft or other inspection methods. 

liT. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) tlu·ough (c) of the 

PAA Modernization and Reform Act of 20 I 2 ("Reform Act"). Congress has directed the FAA 

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 oftl1e Reform Act. the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Airspace Systems(" 1AS") where it is safe 

to do so based on the following considerations: 

• The UAS's size. weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas: and 

• Operation of the UAS within the visual line of sight of the operator. 

Additionally. the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(t) (defining the authority oftl1e 

Administrator): 49 U.S.C. § 4470l(f) (permitting exemptions from§§ 44701(a), (b) and 

§§ 44 702 - 44 716. et seq.). A pru1y requesting an exemption must explain the reasons V·lhy the 

exemption: (I) would benefit the public as a whole. and (2) 'Nould nm adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). Sec 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. AERIAL FOTOGRAPHY'S PROPOSED AF-UAS OPERATIONS MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT 
U.S Department of Transportation 

December 23. 2015 

Page6 

The small AF-UAS operations proposed by Aerial Fotography as noted above in this Petition for 

Exemption qualify for expedited approval pursuant to Section 333 of the Refom1 Act as each of 

the statutory criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

A Grant ofExemption is appropriate for operations conducted using the UASs due to their size 

weight, speed. and operational capability. 

• The AF-UAS utilized by Aerial Fotography has been approved for use in prior 

Section 333 Grants of Exemption from the F/\/\..1 

• The AF-UAS weighs less than 55 pounds. including payload 

• The AF-UAS will not be fl own at a ground speed in excess of 50 knots. The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 50 knot speed restriction 

• Altitude information will be generated by equipment onboard the UAS as 

specified using GPS triangulation. digitally encoded barometric altimeter, radio 

altimeter. or any combination thereof. This information will be transmitted to the pilot 

via telemetric data feed. 

• The AF-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost. failsafe systems will permit the UAS to 

return to a predetermined location and safely land without injury or damage. 

• The radio frequencies used for operations and control of the AF-UAS comply 

\Vith the Federal Communications Commission ("FCC") and other appropriate 

govemment oversight agency requirements. The operating frequency for the AF-UAS 

is 2.4 and 5.8 GHz frequency bands. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difl'erence in weight berween the AFUAS and a helicopter significantly reduces the potential ham1 to the participating and nonparticipating individuals and/or surrounding prope11y in the event of an unintended accident or 

incident. Tn addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

Aerial Fotograph)' 'S Operations Manuals 

2 Sec e.g., Grant of Exemption to Shot over Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to 

VDOS Global. LLC (Exemption. o. II I 12): Grant of Exemption to LowCoumryRC. Corp. (Exemption o. 11184): 

Grant of Exemption to Alan Purwin (Exemption 'o. I 1161): Grant of Exemption to Helinet Aviation Services 

(Exemption No. I I I 60): Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156). 
U.S Department ofTransportation 

December 23, 2015 

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Operations Manuals and the Manufacturer's Manual for the selected 1\F-UAS will contain all the 

procedures and limitations necessary to safely and successfully perform the operations specified 

in this Petition for Exemption. To assist the FAA in making a safety assessment of Aerial 

Fotography's proposed operations. below is a summary of operational limitations and conditions 

that Aerial Fotography will adhere to. and which will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines: 

I. The AF-UAS weighs less than 55 pounds. with payload. 

2. All operations shall be conducted over private or controlled-access property with 

verifiable pem1ission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be obtained 

for each scheduled Oight prior to operation. 

3. All UAS operated under the Grant ofExemption will be identified by serial number. 

registered in accordance with 14 CFR part 4 7. and have identification (N-Number) 

markings in accordance with 14 CFR part 45. Subpart C. Markings will be as large as 

practicable. 

4. Minimum crew for each flight operation will consist of a pilot. who wil l be Pilot-in 

Command ("PIC") of tl1e AF-UAS. and one or more Visual Observers ("Observer") as 

necessary to safely conduct the mission. 

5. PfCs shall possess either a private. recreational, or sport pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state. the District of Columbia. Puerto Rico. a territory, a 

possession, or the Federal government. The PIC will also meet the flight review 

requirements specified in 14 C.F.R G 1.56 in an aircran in which the PIC is rated on 

his or her pilot certificate. 

6. The AF-UAS shall be operated within VLOS of the PIC and Observer at all times. 

The PIC must use human vision unaided by any device other than corrective lenses. 

as specified on the PIC's FAA-issued medical certificate. 

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during Oight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added to 

the Aerial Fotography's Operations Manuals. The Operations Manuals will be 

maintained and made available to the Administrator upon request. 1 fa discrepancy 

exists bet\~een the conditions and limitations in the Grant of Exemption and Aerial 

Fotography's Operations Manuals. the conditions and limitations in the Grant of 

Exemption shall take precedence and must be followed. Otherwise. Aerial footography 

shall follow the procedures outlined in their Operations Manuals. 

I 0. Aerial Fotography may update or revise its Operations Manuals. Revisions will be 
U.S Department ofTransportation 

December 23, 20 J 5 

Page 8 

tracked and a revised copy of the Manual will be provided to the Administrator upon 

request. Aerial fotography will also present an updated and revised Operations 

Manuals if it petitions for extension or amendment to its Grant of Exemption. If an 

update or revision would affect the basis upon which the FAA grants the exemption, 

Aerial Fotography will seek an amendment to its Grant of Exemption. Aerial 

Fotography wi II contact the FAA· s UAS Integration Office (AFS-80) if questions 

arise regarding updates or revisions to the operating documents. 

I I. Aerial Fotography Operations Manuals and its Grant of Exemption will be available 

to the PIC at the ground control station anytime the AF-UAS is operating. 

12. The PIC is prohibited from beginning a AF-UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed, to fly after that for at least I 0 minutes. 

13. Maximum total flight time for each operational flight using the AF-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%. whichever occurs lirst. 

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace without timely prior written authorization and 

approval from the FAA. In the event the structure being inspected exceeds 400 feet 

AGL the UAS will not be operated more than 100 feet above the highest point on the 

structure, and no more than 50 feet horizontally from the structure. 

15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, YO, operator trainees or essential persons), 

vessels. vehicles, and struct11res unless: 

a. Barriers or structures are present that sufficiently protect nonpruiicipating 

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

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

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, fligh1 operations must cease immediately and/or; 

b. The aircraft is operated near vessels. vehicles or structures where the 

owner/controller of such vessels. vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and detem1ined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC. YO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91 .119(a). 

16. The AF-UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PlC. 

17. The AF-UAS may not operate within 5 nrn of an a irport reference point as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that 
U.S Department of Transportation 

December 23, 201 5 

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airport's management is obtained. and the operation is conducted in accordance with 

a NOTAM as required by the Aerial Fotography COA. The letter of agreement with 

the airport management will be made available to the Administrator upon request. 

18. Prior to each flight the PIC shall inspect the AF-UAS to confirm that it is in a 

condition safe for night. The pre-flight inspection will account for all discrepancies, 

e.g. inoperable components. items. or equipment. not already covered in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any AF-UAS if the inspection reveals a condition that affects the safe 

operation of the AI'-UAS until the necessary maintenance has been performed and the 

AF-UAS is found to be in a condition for safe flight. The ground control station shall 

be included in the preflight inspection. AJI maintenance and alternations must be 

properly documented in the UAS·s records as required by Aerial Fotography's 

Operations Manuals. 

19. Aerial Fotography will timely carry out its maintenance, inspections. and record 

keeping requirements in accordance with the Operations Manuals. Maintenance. 

inspection, and alterations will be fully noted in the 1\f"-UAS records, including total 

time in service. description of work accomplished, date completed and ti1e signature 

ofthe authorized person returning theAf-UAS to sen·ice. 

20. Any AF-UAS that has undergone maintenance or alterations that affect the UAS 

operation or night characteristics (e.g .. replacement of a f1 ight critical component) 

must timely undergo a functional test flight in accordance with Aerial Fotography's 

Operations Manuals. The PIC who conducts the functional test flight must make an 

entry in the UA aircraft records of the flight. The requirements and procedures for a 

functional test flight and AF-UAS record entry shall be included in the Aerial 

Fotography's Operations Manuals. 

21. The AF-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates. 

22. Prior to the operation. a Mission Packet will be created in accordance with the 

requirements on Aerial Fotography's Operations Manuals. 

23. Aerial Fotography will obtain an Air Traffic Organization ("ATO") issued Certificate 

of Waiver or Authorization. otherwise known as a COl\. prior to conducting any 

operations under this Grant of Exemption. A NOT AM " -ill be issued as required by 

the COA. All operations will be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace. altitude level and potential 

transponder requirements. 

24. All required permissions and permits will be obtained from territorial. state, county or 

city jurisdictions, including local law enforcement. fire or other appropriate 

governmental agencies. 

25. lf the AF-UAS loses communication with the PIC, it will have the capability to safely 

return to a pre-determined location within the operational area and land safely. 
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December 23,2015 

Page 10 

26. Contingency plans will be in place to safely terminate flight iftherc is a loss of 

communication between the PIC and the Observer. 

27. The AF-UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. 

28. PlCs and Observers will have at least a current Class III Medical Certificate or a valid 

and current state driver's license issued within the United States 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged. 

in a manner consistent with 14 CfR § 61.51 (b), a minimum of200 Oight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS 

pilot with a similar AF-UAS type platform. This requirement can be achieved by 

flights conducted and logged as a hobbyist. 

30. Prior to conducting operations for filming, the PIC will have accumulated and logged. 

in a manner consistent with 14 CFR § 61.51(b). a minimum ofhours pursuant to 54 

CfR § 61.51 (b) as UAS pilot operating the make and model of AF-UAS to be utilized 

for operations under the exemption and three take-offs and three landing in the 

preceding 90 days. 

31. Operations shall occur during daytime VFR Meteorological Conditions: nights under 

special visual flight rules ("SVFR") shall not be conducted. 

32. The AF-UAS shall remain clear and yield the right of way to a11 other manned 

operations and activities at all times (including. but not limited to. ultralight vehicles. 

parachute activities. parasailing activities. hang gliders. etc.). 

33. Af-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

34. The UAS will not be operated from an elevated platform unless designed and 

engineered specifically for such purposes and be in compliance with the general 

restrictions imposed by the applicable regulations. Additionally no PlC will provide 

any film-flight operations while in motion fron1 atop any elevated platform vehicle or 

device. 

35. Before conducting operations. the radio frequency spectrum used for operation and 

control of the AF-UAS will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms. includes exempting civil aircraft. as the term is defined w1der § 
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December 23, 2015 

Page ll 

40 101 of the Act, including UASs, from its safety regulations and minimum standards when the 

Adminjstrator decides a requested exemption is in the public interest.3 

Aerial Fotography seeks an exemption from several interrelated provisions of Title 14 of the 

Code of Federal Regulations (" 14 C.F.R") Parts 21, 45, 61 and 9l for purposes of conducting the 

requested operations using AF -UJ\S platforms noted above. Listed below are: ( 1) the specific 

sections of 14 C.F.R for which exemption is sought. and (2) the operating procedures and 

safeguards that Petitioner has established which wi II ensure a level of safety better than or equal 

to the rules from which exemption is sought:1 

UNMANNED AIRCRAFT SYSTEM 

A. 14 C.F.R. Part 21. Subpart H - Airworthiness Certificates and 14 C.F.R. 

§9 1.203(a)( I) 

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met and in point of fact 

exceeded, and therefore no exemption is needed. 5 II', however. the FAA determines that there 

are some characteristics ofthe chosen UAS that fail to meet the requirements of the Reform Act, 

an exemption is requested. 

Equivalent Level of Safe(y 

Aerial Fotography's use of the AF-UAS is safe when taking into account its size. weight speed. 

and operational capability. As set forth in the description of proposed operations in Section 

IV(A), the AF-UAS weighs less than 55 pounds. including payload and will not be flown at a 

ground speed in excess of 50 knots. The AF-UAS is also equipped with safety features which 

will allow Petitioner to operate the AF-UAS safely after experiencing certain in-flight 

contingencies or failures as noted below.6 7 Additionally, the AF-UAS carries neither pilots nor 

3 49 U.S.C. § 44701(1) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to 

Sections 44701(a) and (b) and Sections 44702- 44716). 

~ 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that 

provided by the rule from which you seek exemption. 

5 See Grant of Exemption No. II 062 to Astraeus Aerial (FAA-20 14-0352 at pgs. 13-14. 22). 

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-20 14-0803 at pg. 3): "The roJI S I 000] 

has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS i~ also able to respond to a loss of global positioning 

system (GPS) or a lost-link event with a pre-coordinated, predictable. automated flight maneuver, and manual flight 

control functionality as a backup. These safety features provide an equivalent level of safet) compared to a manned 

aircraft performing a similar operation." 

7 See e.g .. Grant of Exemption o. 11184 to VDOS Global. LLC. (FAA-20 14-0382 at pgs. -1 -5): "The AF-UAS can 

be operated entirely by a touch-screen. map-based interface. This means the operator only needs to command the 

system where to go, and the system does all the flying for the operator. The Af-UAS can be operated in both semi 

and fully autonomous flight modes. with the operator simply clicking on a map to create a pre-planned flight path 
U.S Department ofTransportation 

December 23,2015 

Page 12 

passengers, carries no explosive materials or flammable liquid fuels, or other elements identified 

by Homeland Security as being prohibitive and operate exclusively within the parameters stated 

in Aerial Fotography's Operations Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. Aerial Fotograpby wjlJ also provide the FAA with advance 

notice of all operations via NOTAMs as required by the applicable CO A. In aU cases, operation 

of the AF-UAS under the proposed conditions will be at least as safe as, or safer than, 

conventional rotorcraft operating with an airworthiness certificate. Lastly. the AF-UAS do not 

need a means to communicate with other aircraft or ATC. because those capabilities will be 

solely possessed by the P[C and Observer, who are not onboard the AF-UAS.8 In addition, no 

sense-and-avoid technology is necessary for the AF-UAS because they will be operated at all 

times in VFR conditions and within VLOS of the PIC and Operator.9 

B. 14 C.F.R. Part 27 Ainvorthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

n01mal category rotorcraft. To the extent that Aerial Fotography's small AF-UAS vvould 

otherwise require certification under Part 27. Petitioner seeks an exemption from Part 27's 

airworthiness standards for the same reasons identified in the request for exemption from 14 

C.F.R. R. Part 21, Subpart H, supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

AeriaJ Fotography seeks an exemption from the aircraft marking and identification requirements 

contajned in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight ManuaL Marking and Placard 

requirements. provides that: 

for a Oight. In addition. the operator can create no tly zones or maximum flight ranges and altitudes so the system 

cannot enter areas deemed unsafe or unnecessary to tly over. The petitioner states further that the UAS has built-in 

imelligent fault handling which allows the AF-UAS to detect a system fault while in the air and automatically tly 

back to its takeoff location and land. Faults that can be detected include: loss of communication: exceeding pre-set 

wind thresholds: and low banery levels. 

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any 

point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS 

position. The flight control system employs not only GPS positioning but a variety of sensors including sonar. 

barometric pressure. temperature. wind speed and others to ensure stability so long as wind thresholds are not 

exceeded. Also a flight termination link- to prevent a 'fly away' or other potentially dangerous situation - is 

available to the operator." 

8 See Grant of Exemption No. 1 I 062 to Astraeus Aerial (FAA-20 14-0352 at pg. 13). 
U.S Department of Transportation 

December 23.2015 

Page 13 

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

is identified in accordance \:vith Part 45 ofthis chapter. 

• 1-+ C.F.R. § ..f5.23(b). Markings of the Aircraft, states: 

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. 

• 14 C.F.R. § 45.27(a). Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin. fuselage, boom, or tail the marks required by 

§ 45.23. 

fn a previous Grant of Exemption. the FAA determined that exemption fTom these requirements 

was warranted provided that the aircraft "have identification (N- umber) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10 

Equivalent Level of Safety 

All AF-UAS nown by Aerial Fotography will bear N-number markings that arc as large as 

practicable in accordance with 14 C.F.R. Part -+5. Subpart C. 11 

D. 14 C.F.R. § 91.405(a), 91 .407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

Aerial Fotography seeks an exemption from the maintenance inspection requirements contained 

in 14 C.F.R. § 91.405(a). 91.407(a) (I). 91.409(a)(2): 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Pan 43. See. e.g., 14 

C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... have 

discrepancies repaired as prescribed in part 43 of this chapter"). An exemption jimn these 

regulations is needed because Part -13 and these sections only apply to aircraft with an 

airwonhiness certificclfe, which the UAS platforms ro be operated under this gram of exemprion 

will not have. (Emphasis added) 

10. FAA Docket No. FAA-2014-0352. 

11. See, e.g., FAA Docket No. FAA-2014-0352. at 14. 
U.S Department ofTransportation 

December 23, 2015 

Page 14 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Sa.fety or Service Bulletins. Further, as required by Aerial Fotography,s Operations 

Manuals, the PJC will conduct a pre-fl ight inspection of the AF-UAS and all a(}sociated 

equipment to account for all discrepancies and/or inoperable components. Maintenance will be 

performed and verified to address any conditions potentially affecting safe operation of the AFUAS and no flights will occur unless, and until. all .flight critical components of the AF-UAS 

have been fOLmd to be airworthy and in a condition safe for operation. A functional test flight will 

be conducted foiJowing the replacement of any flight-critical components. As required by Aerial 

Fotography's Operations Manuals, the PIC who conducts the functional test flight will make an 

entry in theAF-UAS aircraft records ofthe flight. 

Aerial Fotography's Operations Manual also includes requirements to follow the manufacturer's 

UAS aircraft/component, maintenance, overhaul. replacement, inspection, and life Umit 

requirements for the following applicable components: powertrain system (powerplant), 

propellers. avionics and control surfaces (including ailerons/elevons), structures & airframe, 

camera system, electrical systems (including batteries), ground control station, hazard 

accessories, and spare pa11s. Further. Aerial Fotography's Operations Manuals also include 

procedures to document and maintain a record ofthe AF-UAS's maintenance, preventative 

maintenance, alterations, status of replacement /overhaul component pruts. and the total time in 

service of the AF-UAS used Lmder this Grant of Exemption. As a whole, the maintenance and 

inspection procedures required in Aerial Fotography's Operations Manuals ensure that an 

equivalent or higher level of safety will be achieved. 

PILOT-IN-COMMAND OF THE UAS 

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Aerial Fotography seeks exemption from 14 CFR § 61 .113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the aiJspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In U1is case, while the AF-UAS will be 

operated as pru1 of a commercial operation. they carry neither passengers nor cargo. In the Grant 

of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics ofUAS 

operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class Ill Medical 

Certificate. 12 The fulfillment of the additional requiJements for a private pilot to become 

qualified as a conunercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

12 Exemption No. II 062 (FAA Docket No. F AA-20 14-0352). 
U.S Department ofTransportation 

December 23, 2015 

Page 15 

Equivalent Level of Safety 

The restTictions Aerial Fotogrdphy has placed on its AF-UAS operations meet or exceed the 

restrictions similarly imposed onAstraeus Aerial. Aerial Fotography will operate on private 

property or approved location away from persons and property not involved in the operation. 

Aerial Fotography will also obtain an ATO issued COA prior to conducting any operations under 

this Grant of Exemption. All operations will be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace. altitude level and potential 

transponder requirements. A NOTAM will also be issued as required by the applicable COA. 

In addition to these flight restrictions, Aerial Fotography will further ensure safe operation by 

requiring tha t any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the unique aspects of AF-UAS flight. As set forth 

in the Operations Manuals. pilots will have experience not only in AF-UAS operations generally 

but have logged flight time in the specific make and model used for the operations before they 

are permined to participate in commercial flights on behalf of Aerial Fotography. The pilot 

qualitication. training, and currency requirements in the Operations Manuals ensure that Aerial 

Fotography pilots are competent and proficient in the AF-UAS they are operating. Aerial 

Fotography's training and qualification requirements are consistent with those contained in prior 

FAA Section 333 Grants of Exemption. and will provide a higher level of competency and 

proficiency for its pilots and will ensure at least an equivalent level of safety to the public. 

OPERATING PARAMETERS OF THE UAS 

F. U C.F.R. § 91. 7(a): Civil Aircraft Ainvorthiness 

Inasmuch as there will be no airworthiness certificate issued for the UAS. Aerial Fotograpby 

seeks an exemption from 14 C.F.R. § 91 .7(a). which requires that a civil aircraft be in airworthy 

condition to be operated. The FAA bas stated that no exemption is required for 14 C.F.R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. u 

Accordingly. Petitioner requests that the requirements for§ 9 I. 7(a) be treated in accordance with 

Section V (A), supra. 

G. 14 C.F.R. § 9J.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

Title 14 C.F.R. § 91.9(b) (2) and§ 91 .203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2): 

(b) No person may operate a U.S.-rcgistered civil aircraft -

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 2 I .5 of this 

chapter, unless there is available in the aircraft a curTent approved Airplane or Rotorcraft 

Flight Manual, approved manual material. markings. and placards. or any combination 

thereof. 

'

3 See ld. at 13-14. 22. 
U.S Department of Transportation 

December 23, 2015 

Page 16 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in§ 91.715. no person may operate a civil aircraft unless it has 

withi n it the following: 

(I) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unJess the airworthiness certificate requjred 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. 

Given the small size and configuration of the AF-UAS. it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the AF-UAS because there is 

simply no room and the AF-UAS has no cabin or cockpit. As a way to comply with the code 

Aerial Fotography will maintain the documents with the PIC and make tl1em available for 

inspection. 

Equivalent Level of Safety 

In an FAA Office of Chief Counsel's Opinion dated August 8. 2014. and prepared by Dean E. 

Griffith. Attorney. AGC-220. it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met ifthe pilot ofthe unmanned aircraft has access to the UAS flight 

manual. registration certificate. and other required documents from the ground control station 

from which he or she is operating the aircraft.

14 As this FAA Office of Chief Counsel Opinion 

clarifies. the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore. an equivalent level of safery will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she i piloting the UAS. 

H. 14 C.F.R. § 91 .103: Preflight Action 

Aerial Fotography seeks an exemption from 14 C.F.R. § 9 1. I 03. which requires a PIC to become 

familiar with specific information before each flight. including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

infom1ation necessary to safely conduct the flight. an exemption is requested to the extent that an 

FAA-approved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by follov.ing the Aerial Fotography·s Operations 

Manuals and the Manufacturer's Manual. The PIC \-\·ill perform a series of checklists designed to 

identify any defects or inoperable components in accordance with the Aerial Fotography's 

Operations Manuals, including checklists covering Pre-Flight. Launch, Landing, and Post-Flight 

procedures. The PIC will a lso be required to review weather. flight requirements, battery charge. 

14 Memorandum from Mark Bury. FAA Assistant ChiefCounsel for International La''· Legislation and Regulation. 

to John Duncan. FAA Flight Standards Service (Aug. 8. 20 14); see also Docket No. FAA-20 14-0352 at 16-18. 
U.S Department of Transportation 

December 23,2015 

Page 17 

landing and takeoff distance, UA performance data. and contingency landing areas-before 

initiation oftlight. Aerial Fotography's Operations Manuals and the Manufacturer's Manual will 

be kept at the ground control station and will be accessible to the PIC at all times whi le operating 

the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

Aerial Fotography seeks an exemption rrom 14 C.F.R. § 91.1 09(a). which provides in pertinent 

part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls." UASs and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, tlight 

control is accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C. f.R. § 9 I .I 09(a). 

Equivalent Level of Safety 

Gi\·cn the size and speed of the UASs that Aerial fotography intends to use. an equivalent level 

of safe training can still be pcrf01med without dual controls because no pilot or passengers are 

aboard the UAS. and as required by the Aerial forography's Operations Manuals. all persons will 

be a safe distance away in the event that the UAS experiences any difficulties during flight 

instruction. Moreover, as required by the Aerial Fotography's Operations Manuals, all flight 

training will be conducted in controlled and sterile environment. As a whole. the safety 

procedures provided for in Aerial Fotography's Operations Manuals ensure that the proposed 

UAS operations provide an equivalent or higher level of safety than that provided by the flight 

instruction regulations. 

J. 14 C.F.R. § 9l.ll9(c): Minimum Safe Altitudes 

/\.erial Fotography requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft 

may not operate, including 500 feet above the surface and away from any person. vessel, vehicle. 

or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface." provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

An exemption is required because the proposed Af-UAS operation will normally need to occur 

below 400 feet AGL. ln circumstances where the 1\.F-UAS is used to inspect a structure whose 

height exceeds 400 feet AGL. the AF-UAS will not be operated more than I 00 feet above the 

highest point on the structure. and within 50 feet horizontally of the structure. AdditionaJiy, due 

the nature of the proposed operations. the Pilot and/or Observers(s) may need to be less than 500 

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perfoml an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption fi·om § 91.119(b) will not be necessary. 

See e.g., Grant of Exemption No. 11157 to Slug wear. Inc., dba Like on a tree Aerial (FAA-20 14-0534 at 15). 
U.S Department ofTransportation 

December 23, 20 15 

Page 18 

feet away from the AF-UAS. 

Equivale11t Level of Safety 

Compared to fl ight operations with rotorcraft weighing tar more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk 

associated with these operations is far less than those which presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight. and speed of the 

AF-UAS. as well as the controlled location where the operations will occur. ln order to avoid any 

risk to manned aircraft. flight operations will be restricted to 400 feet AGL or below. or when 

inspecting a U.S. structure whose height exceeds 400 feet AGL. within I 00 feet above the 

highest point on that structure and 50 feet horizontally of the structure. 

As set forth in the Operations Manuals. the AF-UAS will be operated in a restricted area, and all 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating 

persons. unless that person is in a position where he or she is shielded from the Af-UAS and any 

possible debris resulting from its failure. As required by the Operations Manuals. flights will be 

tenninatcd if a nonparticipating person within 500 feet of the AF-UAS leaves a shielded position. 

Further, its operations will occur at least 500 feet away from vehicles or structures unless the 

property owner/controller timely has granted permission and the PiC has made a safety 

assessment of the risk of operating closer to those objects and. operations near the PIC or 

Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in 

Aerial Fotography"s Operations Manuals will ensure operations can be conducted without 

compromising pub I ic safety.

16 

K. 14 C.F.R. § 91.121: Altimeter Settings 

Aerial Fotography seeks an exemption from 14 C.F.R. § 91.121. which requires a person 

operating an aircraft to maintain cruisjng altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required to 

the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safe(r 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (I) the UASs will be operated below 400 feet AGL or 

below17

• (2) within VLOS. (3) where GPS based altitude information is relayed in real time to the 

'

6 See e.g .. Grant of Exemption o. 11138 to Douglas Trudeau (FAA-20 14-0481 at 19): "If barriers or structures arc 

present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident. then 

the UA may operate closer than 500 feet to persons afforded such protection. The operaror must also ensure that 

nonpanicipating persons remain under such protection. If a situation ar se~ where nonparticipating persons leave 

such protection and are within 500 feet of the UA. night operations must cease immediately. When considering how 

to immediately cease operations. the primary concern is the safety of those nonparticipating persons. In addition. the 

FAA finds that operations rna) be conducted closer than 500 feet to vessels. vehicles and structures when the 

owner/controller of any such vessels. vehicles or structures grants permission for the operation and the PIC makes a 

safety assessment ofthe risk of operating closer to those objects and detem1incs that it does not present an undue 

hazard. " 

17 If the height of the structure being inspected exceeds 400 feet AGL. the UAS will not be operated more than I 00 
U.S Department ofTransportation 

December 23. 2015 

Page 19 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the on board GPS. 18 

The AF-UAS that Aerial Fotography intends to use for the proposed operations will meet all 

these operational characteristics. Moreover. as required by Aerial Fotography's Operations 

Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight 

operation. Like prior FAA Section 333 Grants of Exemption, the AF-UAS Aerial Fotography 

i_ntends to use, and the safety mitigation procedures contained in the Operations Manuals, both 

ensure that an equivalent level of safety or greater level will be achieved, and a Grant of 

Exemption to the requirements of§ 191.121 is therefore appropriate. 

L. 14 C.F.R. § 91. 151 (a): F uel Requirements for Flight in VFR Conditions 

Aerial Fotography requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight 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 nom1al cruising speed -

(I) 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. 

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted '"'hile still maintairung a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.F.R. § 91.151 (a) is therefore required. Moreover. it is not 

Aerial Fotography's intention to fly the AF-UAS at night. 

Equivalent Level of Safety 

In the Grant of Exemption to YDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fttel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a AF-UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and. 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion. the FAA considered that the UAS batteries for the AF-UAS provide approximately 

50 minutes of powered flight (with payload) and provided battery level and battery ti_me 

remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the AF-UAS 

operating manual states: ·'start every flight with a fully charged battery in the aerial vehicle ... and 

that in the event that the AF-UAS should run low on pov .. ·er, the PIC will be alerted and can 

safely land the- AF-UAS as soon as possible. Like the VDOS Grant of Exemption. AeriaJ 

feet above the highest point on the stmcture. 

18 See Grant of Exemption o. II 062 to Astraeus Aerial (F AA-20 14-0352 at 21 ). 

t9. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 
U.S Department of Transportation 

December 23, 2015 

Page 20 

Fotography's use of the AF-UAS, combined with the requirements of Petitioner's Operations 

Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161 ), the FAA 

determjned that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be acrueved by prohibiting the PIC from beginning a flight with the UA unless 

(considering wind and forecast weather conditions). there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Aerial Fotography will adhere to this limitation for its AF-UAS flights. 

The AF-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed. which downlinks from 

the AF-UAS to a ground-based-on-screen display. 20 As required by Aerial Fotography's 

Operations Manuals, the PIC will promptly fly the /\F-UAS back to the home launch location or 

pre-detem1ined abort location where it may safely land. while still maintaining a minimum of 

25% reserve battery power. Aerial Fotography submits that the procedures requiring flights to be 

safely tenninated once the batteries faJl below 25% capacity. combined with the requirement that 

flights only be conducted within a secure. isolated area, using a UAS weighing less than 55 

pounds, and within V LOS of the PIC and Observer(s). ensure that the proposed operation v.ill 

provide an equivalent or higher level of safety to the public to that provided by the regulations 

from which exemption is sought. 

VI. DRUG AND ALCOHOL PROGRAM 

Aerial Fotography will have policies in place to ensure that no person may participate in AFUAS flight operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Aerial Fotography's Petition for Exemption. 

Congress has established a national policy that favors early integration of UAS into the NAS in 

controlled. safe working environments such as those proposed in this Petition. Granting this 

Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the 

Reform Act- the FAA Administrator's assessment of whether certain UAS may operate safely in 

the AS before completion of the statutorily required rulemaking. 

The proposed AF-UAS operations in thjs Petition for Exemption significantly improves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

property owners from whom permission was granted for use by Petitioner and abutting 

propetties, staff of Petitioner. unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of providing 

surveillance and mapping services location personnel to climb towers, trees. venture onto 

precarious roofs and other dangerous scenarios. perform eleYated work for which the individual 

is neither trained nor equipped to perform. which exposes them to unnecessary risk of serious 

20. The AF-UAS ground control station displays. the UASs position. navigation route, tail number. altitude, heading, 

north seeki ng arrow. range to targets, calculated target position. date/time. and sensor heading and orientation 

relative to the UAS 
U.S Department ofTranspurtation 

December 23, 20 IS 

Page 21 

physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors 

are often unnecessarily exposed to hazardous conditions. unsafe environments. culturally tense 

situations and other hazards associated with idcnti fying specific locations for potential recording 

sites to be used in the end product. The use of small UAS can eliminate these hazards and 

ultimately create a much safer method of perfom1ing these types of inspections creating a safer 

environment for the public as well as Aerial Fotography employees. 

The usc of small UAS also enhances safety and reduces risk to the surrounding public because. 

unlike manned aircraft weighing thousands of pounds. carrying crew in addition to flan1mable 

fueL the UAS carry no passengers. crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, Aerial Fotography"s small battery powered AF-UAS presents significantly less 

danger to persons on the ground when compared to operations by conventional manned aircraft.21 

As Petitioner's AF-UAS are battery powered. the public will also benefit from a reduction in 

harmful petroleum based emissions associated with conventional aircraft performing in the same 

functions proposed herein. Air quality will naturally be improved with the reduction of fuel 

powered vehicles. 

Lastly. as recognized by the FAA in prior Section 333 Grants ofExemption to filmmakers. UAS 

provide an additional economic tool for the aerial filming not\vithstanding the industry, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft.22 The quality of the finished product is enhanced and provides a greater finished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production: therefore, given the lower cost, 

O\.Vner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC"s. 

VIII. PRIVACY 

All AF-UAS operations will be conducted in accordance with applicable federal. state, and local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land O\.VTler/controller or authorized representative ""ill be obtained for each flight to be 

conducted. 

11 See Grant of Exemption No. I 1158 to Team 5. LLC (F AA-20 14-0783 at 12): "Manned helicopters conducting 

aerial tilming can weigh 6,000 pounds or more and arc operated by an onboard pilot. in addition to other onboard 

crewmembers. as necessary. The petitioner's UAs will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to panicipating and nonpaniciparing individuals or propeny in the evcnr of an incident or accident. Risk to 

an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming 

operation." 

22See e.g., Grant of Exemption o. 11178 to Picture Factory. Inc. (FAA-20 14-0794 at 18). 
U.S Department of Transportation 

December 23,2015 

Page 22 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part II. the following summary is provided for publication in the 

FEDERAL REGISTER. should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21 , Subpart H: Part 27: 45.23(b); 45.27(a); 61.113: 91.7(a): 91.9(b)(2): 91.9(c): 

91.103; 91.109(a); 91.1 19(c): 91.121; 91.15l(a); 91.203 (a) & (b); 91.405(a): 91.407(a)(1): 

9 1.409(a)(1) & (2); 91.4 17 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew. production crew, general 

public, property owners and city structures from the substantial hazards associated with 

peliorming equivalent film work and aerial video production with conventional fixed-wing 

aircraft. rotorcraft. or other methods. 

X. CONCLUSION 

Aerial Fotography"s Petition for Exemption satisties the criteria articulated in Section 333 of the 

Reform Act of 2012 whjch includes weight: speed: operating capabilities: proximity to airports 

and populated areas: operation within VLOS and national security. The proposed Af-UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

human exposure to danger while lowering the attendant related costs thereby increasing the 

demand for the finished product. ln consideration of the foregoing. this Petition for Exemption 

provides the FAA with more than adequate justification for granting the requested exemptions 

allowing Aerial Fotography to use small AF-UAS in the recorded production of its product. 

We thank you for your prompt consideration of our requested exemptions. 

~Z~rted. 

Patrick !Jeaney? 

Aerial Fotography Services 

1552 NW Keasey St 

Roseburg OR 97471 

Phone: 541-225-7250: Email: al~construction li' iH~.cnm 
l J.S Department ofTransportat1on 

December 23,2015 

Page 23 

(The fol lowing attached items contain proprietary and commercial information e:\empl from 

disclosure under the Freedom of I nformation Act, 5 US C ~ 522 et seq., and should be held in a 

separate file pursuant to 1-1 C.F R § II 35(b)). 

Attachments· 

General Operations \lanual 

' PlC Operating Manual 

> ~ornpan, Protocols 

-1 Location Protocols 

5 Flight Communications Prmocols 

6 Departing Location Protocols 

7 Transmitter Protocols 

8 Preflight Checklist 

9. Post flight Checklist 

I 0 Equipment C'hcckli11t 

II L.\ S l\1anufacturer'c; \ lanuals 

a. User Manuals 

b. UAS \rlaintenance l'vlanuals 

PETITIONER REQL £STS T llAT GOOD CAl 1SE EXISTS TO EXE:\'lP Y PART OF 

TillS PETIT ION FROM BEING PliBLISUED IN THE J<'F.DERAL REGISTER PUBLIC 

FORUl\1 BECAL'SE T H£ REQCESTED £XE J\IP TI ~ \\ OULD \OT SET A 

PRECEDEl'iT, AND Ai\l' DELAY 1:'\ ACT~G 0 :'\ THIS PETiTIO"\\\ Ol LD BE 

DETRIMENTAL TO THE PETITIONER.