### Maximum Exposure Photography, LLC Real Estate PhotographyandVideography

October 30, 2015 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590-0001 

### 5507 Keeler Oak St. Lithia, FL 33547-5047 813.240.7814

RE: Maximum Exposure Photography LLC's Petition for Exemption from Federal Aviation Regulations for the Purpose ofOperating an Unmanned Aircraft System Dear Sir or Madam: Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 (FMRA} and 14 C.P.R. Part 11, Maximum Exposure Photography LLC seeks an exemption from Federal Aviation Regulationstoallow the commercial use ofthe Dll Phantom 3 Professional Unmanned Aircraft System (UAS) for the purpose ofaerial data collection within the National Airspace System (NAS). The FAA has granted exemptions to ThirdEye Productions, Inc. (Exemption No. 13311) and 

### JMD Empire Inc. (Exemption No. 13309) for the use ofthe Dll Phantom 3 for similar purposes. By approving these exemptions, the FAAwill allow a safe andrisk adverse method to collect aerial data. The battery-poweredUAS described herein is smaller and lighter than fixed-wing aircraft. It operates at lower altitudes with no people on board. Its use will diminish the likelihood ofdeath or serious injury to persons in the air or onthe ground and the likelihood ofdamage to structures. The UAS offers little or no threat to national security. The name and contactinformation ofthe applicant is as follows: Maximum Exposure Photography LLC 5507 Keeler Oak St. Lithia, FL 33547-5047 We are preparedto modify or amend any part ofthis request to meet an equivalent level of safety. We look forward to working with your office. Please contact David Cole at 813.240.7814 or dcole@maxexpphoto.com ifyourequire any additional information or clarifications. Exemptions Requested: Maximum Exposure PhotographyLLC is requesting exemption from the requirements of14 C.F.R §§ 45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 91.109,91.119 (b) and (c), 91.121, 91.151,91.203 (a)(l), 91.405 (a), 91.407 (a)(l), 91.409 (a)(l) & (a)(2), 91.417 (a) & (b).



### Introduction and Interests ofthe Petitioner Maximum Exposure Photography LLC (hereinafter referred to as "MaximumExposure") provides quality services including: both still and video aerial photography collection, production, analysis, and editing services to property owners, real estate professionals, and property inspectors for commercial and marketing purposes. MaximumExposure seeks an exemptionto operate the Dll Phantom 3 Professional UAS for compensation orhire within the NAS to provide professional aerial photographs, videos, and photogrammetry services to our clients. 

### Background TheUAS The DHPhantom,3 Professional UAS is comprised ofa quad-rotor unmanned aircraft and a handheld ground control station. The specifications ofthe UAS are as follows: Gross Weight (including battery and propellers): 1280 g Diagonal Size (including propellers): 590 mm Maximum Ascent Speed: 5 m/s Maximum Descent Speed: 3 m/s , Vertical Hover Accuracy:+/- 0.1 m Horizontal Hover Accuracy: +/- 1.5 m Maximum Speed: 16 m/s The DllPhantom 3 Professional has a Return to Home Feature that returns the aircraft to its launch site inthe event ofa low battery orthe loss ofthe remote controller signal. A full list of all specifications is located inthe Appendix ofthe manufacturer's manual. (The manual is available for review athttp://www.dji.com/product/phantom-3/download) 

### Operation ofthe UAS Maximum Exposure has a Flight Operation Manual (FOPM) that is intended to provide an equivalent level ofsafety to the Federal AviationRegulations from which Maximum Exposure seeks exemption. Maximum Exposure will provide an electronic orhardcopy ofthe FOPMto the Pilot in Command (PIC) and each observer. The PIC will make sure that each flight is in compliance with the FOPM, the DllPhantom 3 Professional User's Manual and applicable FARs. 

### Maximum Exposure's Flight Operation Manual 1. The minimum crew for UAS operation will consist ofa PIC andthe Visual Observer (VO). 2. The PIC musthold atleast a FAAprivate pilot certificate or sport pilot certificate to operate the UAS. 3. The PIC musthold a currentFAA medical certificate or a valid U.S. driver's license. 4. The PIC will be proficient inflying the Dll Phantom 3 Professional UAS and have a 20 flying hours with the UAS in a manner consistent withhow the UAS will be operated underthis exemption.



### 25. Priorto each flight, the PIC will conduct a pre-flight inspection in accordance with the manufacturer's user manual to determine ifthe UAS is in condition for a safe flight. 6. Aftermaintenance or alterations to the UAS, the PIC and VO will perform a functional test flight before conducting further operations. 7. Before operating the UA overprivate or controlled-access property, the PIC will obtain permission from the owner or controller ofthe property. 8. Priorto flight, the PIC will conduct a briefing to the crew and other observers inthe immediate area, regarding the planned UAS operations. 9. The UA will be operated withinthe Visual Line ofSight (VLOS) ofthe PIC and VO at all times. 10. The PIC and VO mustbe able to communicate verbally at all times. 11. The PIC and VO are not a]lowed to text or email during operations. 12. Flights will be conducted only in daylight hours. 13. Flights will be conducted only invisual meteorological conditions. 14. The UA will notbe operated inrain, snow, or fog conditions. 15. The UA will be kept clearfrom clouds at all times. 16. The PIC will not begin a flight unless there is enoughpowerfor the UA to conduct the intended operation and still have a reserve battery power ofno less than 25%. 17. The U A will not be operated at an altitude greaterthan 400 feet above ground level (AGL). 18. The speed ofthe UA will not exceed 25 miles perhour. 19. The U A will notbe operated from a moving vehicle. 20. The UA will remain clear and give way to all manned aircraft. 21. The U A will remain at a distance ofat least 5 nautical miles ofany airport or heliport unless a letter ofagreement from the airport's management is obtained. 22. Flights will notbe conducted over densely populated areas. 23. Flights will be operated at a lateral distance ofat least 100 feet from people, structures, vehicles, and vessels not associated withthe operation, unless property owner or controller has given authorizationpriorto the flight. 24. The PIC will abort the flight inthe event ofan unpredicted obstacle or emergency. 25. The PIC will report any incident, accident or flight operation that transgresses the lateral or vertical boundaries ofthe operational area to the FAA's UAS Integration Office within 24 hours. 26. The PIC will report any accidents involving the UA to the National Transportation Safety Board. · Basis for Petition Maximum Exposure, pursuantto theprovisions ofthe Federal AviationRegulations (FAR) (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 ("FMRA"), Section 333, Special Rules for CertainUnmannedAircraft Systems ("Section 333"), hereby respectively petitions the Administratorto operate the DJIPhantom 3 Professional within the NAS and for an exemptionfrom the requirements ofTitle 14 Code ofFederalRegulations§§ 45.23{b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 91.109,91.119 (b) and (c), 91.121,91.151,91.203 (a)(l), 91.405 (a), 91.407 (a)(l), 91.409 (a)(l) & (a)(2), 91.417 (a) & (b). Section 45.23(b) Display ofMarks MaximumExposure requests relieffrom Section 45 .23(b) because the DJI Phantom 3 Professional UAS does nothave a cabin, cockpit, or pilot stationupon whichthe markings can be



### 3placed. Maximum Exposure submits an equivalent level ofsafety can be achieved by marking the body ofthe UAS withthe serial number andN-number. The lettering oftheN-number will be as large as possible. · 

### Section 45.27(a) Location ofmarks; nonfixed-wing aircraft Maximum Exposure requests relieffrom Section 45.27(a) because the DJI Phantom 3 Professional UAS does not have a cabin, fuselage, boom or tail, upon which the markings canbe displayed. Maximum Exposure submits an equivalent level ofsafety can be achieved by marking the body ofthe UAS with the serial number and N-number. The lettering oftheN-number will be as large as possible. 

### Section 61.113(a) and (b) Private pilot privileges and limitations: l'ilotin command Maximum Exposure requests relieffrom Section 61.113 (a) and (b) to the extentnecessary to allow a person who holds a private pilot certificate to operate the UAS for compensation orhire. Maximum Exposure submits that a private pilot can achieve an equivalent level ofsafety as a commercial pilot because the risk in operatingtheUAS is significantly lower thanthe risk associated with the operation ofa manned aircraft. The UA does not carry a pilot or passengers. The UA is smaller, lighter, and easier to maneuver than manned aircraft and the UA will be operated within a limited area ofoperation. Furthermore, Maximum Exposure will ensure thatthe

.PIC is proficient inflying the DJI Phantom 3 Professional and thatthe PIC has at least 20 flying with the UAS in a manner consistent with how the UAS will be operated under this exemption. 

### Section 61.315(a) and (c) What are the privileges and limits ofmy sport pilot certificate? Maximum Exposure requests relieffrom Section 61.315(a) and (c), which states that a sport pilot cannot operate an aircraft for compensation or hire. Maximum Exposure submits that a sport pilot can achieve an equivalent level ofsafety as a commercial pilot because the risk in operatingthe UAS is significantly lowerthan the risk associated withthe operation ofa manned aircraft. The UA does not carry a pilot or passengers. The UA is smaller, lighter, and easier to maneuverthan manned aircraft and the UA will be operated within a limited area ofoperation. Furthermore, Maximum Exposure will ensure that the PIC is proficient in flying the DJI Phantom 3 Professional and thatthe PIC has at least 25 flying hours withthe UAS in a manner consistent with how the UAS will be operated underthis exemption. 

### Airworthiness Certificates In consideration ofthe size, weight, speed, and limited operating area associated with the UAS and its operation, the DJIPhantom 3 Professional meets the conditions ofSection 333 and will notrequire airworthiness certification in accordance with 14 C

.F

.R. Part 21, Subpart H, or any associated noise certification and testing requirements ofPart 36.



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### Section 91.7(a) Civil aircraftworthiness Maximum Exposure a requests relieffrom Section 91.7(a), which states that "no person may operate a civil aircraft unless itis in an airworthy condition", because the 

### DllPhantom 3 Professional 

### VAS does notrequire an airworthiness certificate in accordance with 14 C.P.R., Part21, Subpart H. Maximum Exposure submits the PIC will ensure the 

### VAS is in condition for safe flight, by determining the UAS is in compliance withthe 

### DllPhantom 3 Professional UAS User Manual and Maximum Exposure's Flight Operations Manual. The PIC will discontinue the flight ifun-airworthy mechanical conditions occur. 

### Section 91.9(b)(2) and (c) Civil aircraft flight manual, markings, and placard requirements

. Maximum Exposure requests relieffrom Section 91.9(b)(2) becausethe UAS does not have the room or capacity to store the flight manual onboardthe airc!aft. Maximum Exposure submits an equivalent level ofsafety can be achievedby keeping the flight manual with the PIC at the ground control point, during operation ofthe 

### VAS. The flight manual will be made available to the Administrator orlaw enforcement upon request. Maximum Exposure requests relieffrom Section 91.9(c) becausethe UAS cannot be marked in accordance with Part 45. The 

### VAS does not have a cabin, cockpit, orpilot stationupon which the markings can be placed. Maximum Exposure submits an equivalent level ofsafety can be achieved by marking the UAS with the serial number and theN-number. The lettering oftheN-numberwill be as large as possible. 

### Section 91.103{b){2) PreflightAction Maximum Exposure requests relieffrom Section 91.1 03(b )(2), whichrequires the PIC to be familiar with the runway lengths at airports ofintended use, and takeoffand landing distance information. The operation ofthe UAS does not require an airport for takeoffand landing. Maximum Exposure submits an equivalent level ofsafety canbe achieved byhaving the PIC check weather conditions and the takeoffand landing distances from the ground control point before flight. 

### Section 91.105 Flight crewmembers at station Maximum Exposure requests relieffrom Section 91.105, whichrequires crewmembers to be at their proper stations with their safety harnesses fastened while enroute and during takeoff and landing, unless the absence is necessary to perform duties necessary for the operation of the aircraft or in connectionwithphysiological needs. This requirement cannotbe met, because the UA does nothave flight crewmembers onboard the aircraft. Maximum Exposure submits an equivalent level ofsafety can be maintained by having the PIC land the UAbefore attending to any emergent or physiological needs. 

### Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests Maximum Exposure requests relieffrom Section 91.109, which requires that "no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction



### 5unless that aircraft has fully functioning dual controls." This requirement cannotbe metbecause the UAS does nothave dual controls. Maximum Exposure submits an equivalent level ofsafety can be achieved by ensuring the PIC is proficient in flying the 

### DllPhantom 3 Professional and that the PIC has at least 25 hours of flight hours with the UAS in a manner consistent with howthe UAS will be operated under this exemption. The PIC will be familiar with the

### DllPhantom Professional UAS User Manual andMaximum Exposure's Flight Operations Manual. 

### Section 91.119(b) and (c) Minimum safe altitudes: General Maximum Exposure requests relieffrom Section 91.119(b) and (c), whichrequire the aircraft to be maintained atan altitude ofat least 1000 feet over congested areas and 500 feet over sparselypopulated areas, and at a distance ofat least 500 feet from any person, vessel, vehicle, or structure. Maximum Exposure will operate the UA at or below 400 feet AGL. Maximum Exposure submits an equivalent level ofsafety can be met because unlike manned aircraft, the UA operates without combustible fuel and withno people onboard, thus reducing the likelihood ofdeath or serious bodily injury to persons in the air or onthe ground, as well as reducing the risk ofdamage to vessels, vehicles, and structures. Maximum Exposure will obtain prior consent from the property owner and persons on the ground before operations. 

### Section 91.121 Altimeter Settings Maximum Exposure requests relieffrom Section 91.121, because the UAS does nothave a typical barometric altimeter onboard. Maximum Exposure submits that an equivalent level ofsafety can be metbecause the altitude ofthe UAS will be provided to the PIC through the UAS's GPS equipment and radio communications telemetry data link, which downlinks altitude information from the UA to the Ground Control System for active monitoring ofthe :flight path. This information will be sufficient for the PIC to maintain the UA at an altitude below the 400 AGL limitations. 

### In addition, the PIC will only operate the UA in a visual line ofsight. 

### Section 91.151 Fuel Requirements for flight in VFR conditions

. Maximum Exposure requests relieffrom Section 91.151, whichrequires that no personbegin a flight under VFR conditions unless there is enough fuel to fly to the first intended point of landing and after that for 30 minutes. Maximum Exposure submits that terminating the flight with 25% ofthe batterypower remaining will provide an equivalent level ofsafety. Furthermore, the 

### DllPhantom 3 Professional UAS has a LowBattery Return to Home Feature, in whichthe operator is promptedto return the aircraft home or land it immediately. The UAwill land itself automatically ifthe remaining battery power is only sufficient for the aircraft to descend from its current altitude. 

### Section 91.203(a)(l) Civil Aircraft: Certifications required Maximum Exposure requests relieffrom Section 91.203(a)(1), which states that no person may operate a civil aircraft without a current airworthiness certificate, because the 

### Dll Phantom 3 Professional UAS does notrequire an airworthiness certificate in accordance with



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### 14 C.F.R., Part21, Subpart H. Maximum Exposure submits thatthe Pilot in Command (PIC) will ensure the UAS is in airworthy condition prior to every flight, bydetermining the UAS in in compliance withthe DJIPhantom 3 Professional UAS User Manual and Maximum Exposure's Flight Operations Manual. Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2) and 91.417(a) & 

### (b) Maximum Exposure request relieffrom Sections: 91.405(a), 91.407(a)(l), 91.409(a)(1) & 

### (a)(2), and 91.417 (a) & (b), 

### as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Maximum Exposure submits thatthe requested reliefis proper since an equivalent level of safety will be ensured. Maximum Exposure will perform maintenance, preventative maintenance and /or alterations on the UAS using the methods specified inthe manufacturer's manual. After any maintenance or alterations, MaximumExposure will perform a functional test flight before conducting further operations. MaximumExposure will document and maintain all maintenance records on the UAS. MaximumExposure will comply with all of the manufacturer's safety bulletins. TheReasons Why Granting Maximum Exposure's Exemption Would Benefitthe Public as a Whole 1. The Public Will Benefit as a Whole by the Method ofCollection ofthe Aerial Data. Granting the present Petition 

### will further thepublic interestby allowing 

### Maximum Exposure to safely, efficiently, and economically perform aerial video andphotography

. ofreal estate, and landscape over certain areas ofthe United States. Theproposeduses not only provide economic benefits to the public, but they also increase the public's safety. 2. The Public Will Benefit byDecreasing Congestion oftheNAS. 

### Maximum Exposure's use ofthe UAS would decrease the congestion ofthe NASby reducing the number of manned aircraft neededto obtain aerial imagery. Because the UAS does notrequire an airport for takeoffand landing, its use would lessen the burden on air traffic control. 3. The Public Will Benefit from a Reduction in Pollution. By granting the presentPetition, Maximum Exposure will provide an ecologically friendly method ofData Collection. Since the DJI Phantom 3 Professional UAS is battery-operated and has an electric motor, it produces no Carbon dioxide emissions and little noise pollution. 4. The Public Will Benefit from an Increase in Safety. Unlike manned aircraft, the UA operates without combustible fuel and with no people on board. Maximum Exposure's use of the UAS for aerial data collection will diminish the likelihood ofdeath or serious bodily injury to persons in the air on the ground, as well as reduce the risk ofdamage to structures. 5. The Public Will Benefit Economically. With the rising cost ofaviation fuel and the EPA's regulatory actions phasing out leaded aviation fuels, American companies like Maximum Exposure need to seek outnew technologies, like unmanned aircraft, to remain viable and competitive. By operating the UAS, Maximum Exposure will remain profitable



### 7and be able to offerjob stability to its employees. A stable workforce promotes consumer spending, which in tum increases tax revenues for local, state and federal governments. 6. There Are No Privacy Issues. Maximum Exposure's operation ofthe UAS will not implicate any privacy issues, because the flights will only occur over private and or controlled-access property, with the landowner's or operators prior consent and knowledge. Summary Maximum Exposure Photography LLC seeks an exemption from the requirements of 14 C.F.R. 

### §§ 45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 91.109, 91.119 (b) and (c), 91.121, 91.151,91.203 (a)(!), 91.405 (a), 91.407 (a)(l), 91.409 (a)(!) & (a)(2), 91.417 (a) & (b). A BriefDescription ofthe Nature ofthe Exemptions Maximum Exposure Photography LLC Seeks: This exemption will permit Maximum Exposure Photography LLC to operate an Unmanned Aircraft System (UAS) commercially for the purpose ofaerial data collection within the National Airspace System (NAS). Conclusion Maximum Exposure Photography LLC seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012, to permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the special purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this petition, the FAA Administrator will be fulfilling the Congressional mandate ofSection 333 ofthe FAA Modernization and Reform Act of2012 to expedite approval ofcertain UAS within the NAS, while also advancing the interests ofthe public. Respectfully Submitted,

, anager Maximum Exposure Photography LLC 5507 Keeler Oak St. Lithia, FL 33547-5047 813.240.7814 dcole @ maxexpPhoto

.com

1 Attachment: Monthly Maintenance Log



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