November 27, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

RE: Petition of Penn Aerial Imaging, LLC for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Michael D. Binder Penn Aerial Imaging, LLC 933 Hidden Hollow Dr. Gap, PA 17527 717-449-3721 info@pennaerialimaging.com

I. Summary Michael D. Binder (dba Penn Aerial Imaging, LLC and thereafter referred to as Penn Aerial Imaging) seeks exemption from the requirements of 14 C.F.R Sections: 21 Subpart H, 61.107, 61.113 (a), (b), and (e), 91.103 (a), 91.105 (a) and (b), 91.109 (a), 91.119 (c), 91.121, 91.151 (a)(1) and (b), 91.203, 91.205 (a) and (b), 91.207, 91.215, 91.405, 91.407, 91.409, and 91.417 in order to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial photography, videography and search and rescue operations over certain areas of the United States. II. About the Unmanned Aircraft Owner / Operator

a. Mr. Michael Binder holds both an FAA Private Pilot Single Engine Land (PPSEL) endorsement and an Airframe and Powerplant license. At the time of this exemption request, Mr. Binder has over 100 hours in UA type and 250 hours PPSEL and currently holds a Class II airman’s medical certificate and a Pennsylvania issued driver’s license with no limitations or restrictions.b. Mr. Binder has a Masters of Aeronautical Science degree in Safety Systems from Embry-Riddle Aeronautical University (ERAU), a Bachelor of Science in Professional Aeronautics / Aviation Safety from ERAU, an Associate of Science in Aircraft Maintenance Technology from the Community College of the Air Force, and a Certificate of Aviation Safety and Security from the University of Southern California.

c. Mr. Binder is currently employed as an Aviation Safety Manager / Aircraft Accident Investigator for an aerospace manufacturing corporation. d. Mr. Binder also serves the aviation community as a FAASTeam Representative for District 17.

e. The objective of Mr. Binder’s aerial photo and video operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

 Residential and commercial real estate markets

 Construction site surveys

 Appraisals and inspections

 Search and Rescue operations III. About the Unmanned Aircraft System

a. Penn Aerial Imaging operates a DJI Phantom 3 UA that is upgraded to latest version firmware, equipped with a 3 axis camera gimbal, which uses a High-Def. video camera that can capture up to 1080 (1920x1080p) video and 12.76M pixel photos. This UA has a built-in capability to limit 1) the height it flies above the ground and 2) the radius of the distance it flies from the operator. The DJI Phantom 3 also has the failsafe function of the 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 trigger Return to Home and will land safely. Please refer to Attachments 1-3, the DJI Phantom 3 Instruction Manual, for the performance limitations and flight operations. Aircraft gross weight is 1280 grams or 2.82 pounds with battery and propellers. b. A pre-flight inspection will be performed by the operator in accordance with the factory instruction manual (Instruction Manual Link), as well as redundant checks to include the Internal Measurement Unit (IMU) to make sure that the compass,gyro and acceleration values are within specs, positive GPS locks are secure, battery health in each individual Lithium-ion Polymer cells are balanced, and radio signals are locked in. The UA will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used.

c. The DJI Phantom 3 transmitter used for controlling the UA complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The DJI Phantom 3 radio transmitter used for controlling the UA is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.483GHz frequency range up to 2000m or 6,561ft. When operating the DJI Phantom 3 transmitter, the operator will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations. IV. About the Operation of the Unmanned Aircraft

a. Operations will be conducted using the DJI Phantom 3. It is acknowledged that any additional aircraft added to Penn Aerial Imaging’s inventory will be required to go through a new exemption process or be amended to this exemption request. b. Penn Aerial Imaging will not conduct operations for closed-set motion picture or television filming. If such an operation were to be marketed through Penn Aerial Imaging, a new exemption request will be filed or be processed through an amendment to this exemption request.

c. The UA will not operate in excess of 87 knots (100 miles per hour) or exceed an altitude of 200 feet above ground level (AGL). The UA manufacturing airspeed guidelines will be followed. The UA controller altitude settings will be set to AGL. d. Operations will only be conducted in the visual line of sight of the operator and observer. Verbal communications without the use of electronic media is acknowledged. Designation of operator and observer and specific duties will be accomplished through pre-flight briefing.

e. Penn Aerial Imaging will ensure that all operating documents will be present during operations. Penn Aerial Imaging acknowledges furnishing operating documents to the Administrator and law enforcement when requested. Updatesto the operating documents will be communicated to the Administrator via local FAA Flight Standards District Office (FSDO). f. Prior to the commencement of civil operations for-profit. Penn Aerial Imaging will conduct maintenance test flights after maintenance or modification to the UA. Such operations will be conducted in an environment away from person or property so that it does not impose a hazard. g. Penn Aerial Imaging will maintain and inspect the UA to ensure airworthiness. Penn Aerial Imaging will follow the UA manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Additionally, all UA manufacturing safety bulletins will be complied with prior to each flight. h. Prior to each operation, the operator will conduct a pre-flight inspection of the UA to ensure safety of flight. If any condition presents itself in which safety of flight cannot be maintained, the operation will be terminated until the condition is fixed and a maintenance test flight conducted to ensure safe return to service per item G in the previous line. i. Penn Aerial Imaging will ensure that all operators be rated with a pilot’s license and carry a current FAA airman medical certificate or driver’s license. The operator must also meet the flight review requirements defined in 14 CFR § 61.56. Additionally, all operators will be required to operate the UA in a safe manner consistent with this exemption request. Currency and qualifications will be logged per 14 CFR § 61.51(b). j. Operations will only be conducted during day visual flight rules. Operations will not be conducted at night or during special visual flight rules. k. Operations will not be conducted within 5 NM of a designated airport. If operations are to be conducted within this 5 NM radius, Penn Aerial Imaging will request an agreement from the airport manager and file the letter of agreement with the operating documents as described in item E. l. Operations will be conducted 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 operator.

m. In the event of a communication loss between the UA and the controller, the UA will return back to the operator at a pre-determined location. This feature is programmed through the DJI software prior to each operation and is a pre-flight checklist item.n. Operations will be terminated in the event of unpredicted obstacles or emergencies.

o. Prior to each operation, the operator will ensure that there is enough power available on both the UA and the controller to ensure safety of flight. Maximum flight time for each operational flight is anticipated to be approximately 20 minutes not including a 5 minutes reserve. p. Penn Aerial Imaging will ensure that the UA operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 C F R § 4 7 , a n d h a v e i d e n t i f i c a t i o n ( N

− N u m b e r ) m a r k i n g s i n a c c o rd a n c e w i t h 1 4 CFR § 45(c). Those markings will be as large as practicable according to the size of the UA. q. All documents used by the operator to ensure the safe operation and flight of the UA and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the operator at the Ground Control Station of the UA any time the aircraft is operating per item E. These documents will be made available to the Administrator or any law enforcement official upon request.

r. All operations will remain clear of all manned operations and activities.

s. All UA operations will be conducted on the ground and will not be conducted from any moving device or vehicle. t. Operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: i. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and / or debris in the event of an accident. The operator will 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, operations will cease immediately in a manner ensuring the safety of nonparticipating persons; and ii. The owner / controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the operator has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

u. Operations conducted over private or controlled-access property will have permission from the property owner / controller or authorized representative.Permission from property owner/controller or authorized representative will be obtained prior to each flight.

v. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area will be reported to the FAA's UAS Integration Office (AFS

о Θ Ϭ Ϳ ǁ ŝ ƚ Ś ŝ Ŷ Ϯ κ Ś Ž Ƶ ƌ Ɛ ͘  Đ Đ ŝ Ě Ğ Ŷ ƚ Ɛ ǁ ŝ ů ů ď Ğ ƌ Ğ Ɖ Ž ƌƚ Ğ Ě ƚ Ž ƚ Ś Ğ E Ă Ɵ Ž Ŷ Ă ů Transportation Safety Board within 12 hours. V. The Specific Sections Of 14 C.F.R. from which Penn Aerial Imaging Seeks:

a. 14 CFR Part 21 i. 21 Subpart H Airworthiness Certificates 1. Penn Aerial Imaging requests complete exemption from this requirement. Airworthiness certificates for the DJI Phantom 3 do not currently exist. b. 14 CFR Part 61 i. 61.107 Flight proficiency 1. Penn Aerial Imaging seeks complete exemption from this requirement. There are no qualified ratings for UA nor are there qualified UA instructors. In lieu of UA flight proficiency, Mr. Binder will prescribe to the previously mentioned flight proficiency requirements in Section 4 Item i of this exemption request. ii. 61.113 (a), (b), and (e) Private pilot privileges and limitations: Pilot in command 1. Penn Aerial Imaging seeks complete exemption from this requirement. Relief from this requirement to operate the UA for compensation or hire under a private pilot license.

c. 14 CFR Part 91 i. 91.103 (a) Preflight action 1. Penn Aerial Imaging requests partial exemption to this requirement. The UA does not carry fuel and operations will be conducted in visual line of sight, therefore requirement is not applicable and cannot be complied with. Note: weather information will be obtained prior to each operation. ii. 91.105 (a) and (b) Flight crewmembers at stations1. Penn Aerial Imaging seeks complete exemption to this requirement. The UA does not carry crewmembers on board therefore this requirement is not applicable and cannot be complied with. iii. 91.109 (a) Flight instruction; Simulated instrument flight and certain flight tests 1. Penn Aerial Imaging requests complete exemption from this requirement. The DJI controller is only a single control set-up therefore dual control during flight training is not applicable and cannot be complied with. iv. 91.119 (c) Minimum safe altitudes: General 1. Penn Aerial Imaging requests complete exemption from this requirement. Flight operations are described in Section 4 Item t of this exemption request.

v. 91.121 Altimeter settings 1. Penn Aerial Imaging requests a complete exemption to this requirement. The DJI Phantom 3 does not have the capability to set the altimeter. The system uses several data sources to determine altitude which is initially set at zero (0) feet AGL prior to each operation. vi. 91.151 (a)(1) and (b) Fuel requirements for flight in VFR conditions 1. Penn Aerial Imaging requests complete exemption from this requirement. The DJI Phantom 3 does not carry fuel on board there for this requirement is not applicable and cannot be complied with. Reserve power requirements are described in Section 4 Item o of this exemption request. vii. 91.203 Civil aircraft: Certifications required 1. Penn Aerial Imaging requests complete exemption from this requirement. DJI Phantom 3 does not have an airworthiness certificate as defined in 14 CFR Part 21 Subsection H therefore this requirement cannot be complied with. viii. 91.205 (a) and (b) Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements1. Penn Aerial Imaging requests complete exemption from this requirement. The DJI Phantom 3 does not have on-board instruments and equipment therefore this requirement is not applicable and cannot be complied with. Minimum reporting capabilities are obtained through the live flight monitoring software. ix. 91.207 Emergency locator transmitters 1. Penn Aerial Imaging requests complete exemption from this requirement. The DJI Phantom 3 is not large enough to carry an onboard ELT system. Furthermore, operations are conducted within visual line of sight therefore this requirement is not applicable and cannot be complied with.

x. 91.215 ATC transponder and altitude reporting equipment and use 1. Penn Aerial Imaging requests complete exemption from this requirement. The DJI Phantom 3 lacks transponder capabilities due to its size. Furthermore, technology does not exist for this type of system therefore this requirement is not applicable and cannot be complied with. xi. 91.405 Maintenance required 1. Penn Aerial Imaging requests complete exemption from this requirement. This requirement is for aircraft with an airworthiness certificate therefore it is not applicable and cannot be complied with. Please see Section 4 Item g of this exemption request for proposed maintenance operations. xii. 91. 407 Operation after maintenance, preventive maintenance, rebuilding, or alteration 1. Penn Aerial Imaging requests complete exemption from this requirement. This requirement is for aircraft with an airworthiness certificate therefore it is not applicable and cannot be complied with. Please see Section 4 Item g of this exemption request for proposed maintenance operations. xiii. 91.409 Inspections 1. Penn Aerial Imaging requests complete exemption from this requirement. This requirement is for aircraft with an airworthiness certificate therefore it is not applicable and cannotbe complied with. Please see Section 4 Item g of this exemption request for proposed maintenance operations. xiv. 91.417 Maintenance records 1. Penn Aerial Imaging requests complete exemption from this requirement. This requirement is for aircraft with an airworthiness certificate therefore it is not applicable and cannot be complied with. Please see Section 4 Item g for of this exemption request proposed maintenance operations. VI. Reasons Why Penn Aerial Imaging’s Exemption would be in the public interest; that is, how it would benefit the public as a whole

a. Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videography / photography. Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography. Aerial surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer will be utilized. Liability insurance will be obtained commensurate with the granting of this request for exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as required. VII. Reasons Why Penn Aerial Imaging’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

a. Penn Aerial Imaging’s exemption will not adversely affect safety. b. The UA will be operating with tighter restrictions than the general hobbyist who may or may not be operating to AC 91-57A.

c. As a certificated Private Pilot, Mr. Binder has knowledge of airspace and aircraft operations as well as basic sectional knowledge of the local operating area.d. Flight operations will typically occur in Class G airspace at or below 200 ft. AGL. Operations within Class C, D, and E airspace will be conducted with prior notice to the airport and / or FSDO.

e. As a commercial business, Penn Aerial Imaging has a vested interest in safety to build business and community integrity and respect. f. The UA will be flying is less than 3lbs takeoff weight and contain no flammable aviation fuel compared to an equivalent manned aircraft. Much less mass, energy, flammability compared to a full size aircraft. g. The aircraft will only operate 15 - 20 minutes per flight minimizing risk compared to full size aircraft. h. The UA is directly controlled, line of site, with return to home capability. As the sole operator, Mr. Binder has over 100 hours on the DJI Phantom 3. i. Prescribe to RCAPA checklists, AC 91-57A, user manuals attached for each flight. j. UAs do not need to operate as high as manned aircraft and pose less potential energy and a less volatility in a crash. VIII. A Summary The FAA May Publish in the Federal Register: The Rules from Which Penn Aerial Imaging Seeks Exemption: Penn Aerial Imaging seeks exemption from the requirements of 14 C.F.R Sections: 21 Subpart H, 61.107, 61.113 (a), (b), and (e), 91.103 (a), 91.105 (a) and (b), 91.109 (a), 91.119 (c), 91.121, 91.151 (a)(1) and (b), 91.203, 91.205 (a) and (b), 91.207, 91.215, 91.405, 91.407, 91.409, and 91.417. A Brief Description of the Nature of the Exemption Penn Aerial Imaging Seeks: This exemption will permit Penn Aerial Imaging to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial photography, videography and search and rescue operations over certain areas of the United States. IX. Conclusion As pointed out in this application, the DJI Phantom 3, which Penn Aerial Imaging will use, under authorization by the US DOT-FAA, is a small, light-weight device operated within the line of sight of the operator, less or equal to 200 feet above the ground and outside 5 NM from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.The DJI Phantom 3 has been proven capable for controlled flight. It is a UA offered for

general sale on the market around the world and have often been used as model aircraft in the USA. Penn Aerial Imaging is certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the airworthiness of UA such as ours. For the foregoing reasons, the exemptions requested herein should be granted and Penn Aerial Imaging should be permitted to conduct small UA operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some UA may be used for legitimate commercial activities and under reasonably safe conditions.

Respectfully submitted,

Michael D. Binder, Penn Aerial Imaging, LLC