### December :23. 1015 

### U S Department ofTransportation Docket ivlanagement System 1200 1 

### cw Jersey 

### Ave
.. 

### SE Washingt o n. DC 20590 R

c : Petition ofAerial 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
. Pu rsuant to Sect i on 333 of the FAA Modernizat ion and Reform Act of2012 (" R efo rm 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") fo r the purpose of conduct in g aeria l photography: videography. cinematography: in frastruc tu re inspection ; crop.'' ildlife and forestry moni toring , mapping and surveillance for the motion picturl.!. tele\ ision. real estate . co n:Muction. agriculture and web industries
. In addition. Aerial f ·otography "ill provide

**~carch** 

### and rescue sen ·ices to loca l municipalities
. This petiti o n for cxe1npti on is made based o n info rmation outlined in this P etition for Exemption, as well as th e accompanying \eri al Fotograph y documents. I PIC 

### Flight

**Operation~** 

### \ · la n ual 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-;") Aeria l F orograp hv sub mib these suppo rt in g materials as confi de ntial do cume nts 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 \dcliti onally, these docurnents contain operating conditions and procedures that are not ge n erally a\ ailable to the public and arc protected ti·om release under the Freedom of lnf onnation Act. 5 l' S 

### C § 552 ct seq N OTF. : ALL ATTAC HME NTS S ET FO RT H

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**!-ktfc ~**  /set'\ tee hu ll ctm sU.S Department ofTransportation December 23, 20 15 Page2 

### REL E AS E D TO T H E P UBLIC WITHO UT WRJ TTEN AUTHORIZATION FRO M THE P ETITION ER. For your convenience, this Petition is organized as fo ll ows: I. Des cription of P etition er II. Des cription of Prop osed Op eration s A. Aerial Vidcography. Photography. Cinematography, Inspection. Mapping. Monitoring. Surveillance and Monitoring Ill. Relevant Statutor y Authority l V
. Ae ri a l F oto gr aphy 's Prop osed UAS O pe ration s Meet the R equi re m en ts of Secti o n 3 3 3 of th e R e f orm Act A. Approval is Warranted Based on the UAS 's Size, Weight. Speed, and Operational Capability 

### B. Approval is Warranted Based on the Operational R estriction s 

### Set Fort h in the Operations Manuals V
. R eg ulation s Fr o m Which Exemption is Requ es ted 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 Identific ati on 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: Pri vate Pilot Privileges and Limitations F
. 14 C
.F.R. 

### § 91.7(a): Civ il Aircraft Aitwotthiness 

### G. 14 C
. F.R. 

### § 91.9(b)(2): C ivil Air craft Flight Manual in the Airc r aft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registrati on H. 14 C.F.R. § 9 1.103: Preflight Action I. 14 C
.F
.R. § 91.1 09(a): Flight Instruction J. 1 4 

### C.F.R. § 91.119(c): Minimum Safe Altitudes K. 14 C.F.R. § 91.121: Altimeter Setting L. 14 C.F.R. § 9 1.151 (a): Fuel Requirements for Fli ght in VFR Condition s Vl
. Dru g a nd A lcohol Pr·og ram VU. Public Inte r es t VIII. Priva cy IX
. Fed e r ·al R egister S um mary X
. C onclu s io n

### U.S Department ofTransportation December 23, 2015 Page 3 I. DESCRIPTION OF PETITIONER 

### Aerial Fotography is based in Roseburg , OR and provides aerial photography, videography, cinematography, infrastructur e inspection. mapping, monitoring for the film. television. real estate, construction. agriculture and web industries. Additionally. Aerial Fotography will provide search and r escue services to local municipalities. The Company·s Principal and Chief Pilot Patrick Heaney has been flying UA V Quadcopters as a hobb y 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 est ate. construction. agriculture and web industries. In addition. Aerial Fotography will provide sear ch 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 ("P TC ' ') 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 inc ident. Aerial Fotography"s goal is to adv ise the perspective client that Aerial Fo to grap h y 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 Ro seburg OR 97471 Phone: 541-225-7250: Email: alsconstruction ' a l jve.com IJ. DESC RIPT ION O F PRO PO SED OPERAT I ON 

### Aeria l 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 

### I nspire (referred to 1\F-UAS) (under 551bs) for the proposed operations discussed herein below. All UAS operations wi ll occur under tightly controlled conditions on private property or approved location

**wh ere**  

### Aerial Fotography has received verifiable permi ss ion to operate from the landowner. controller or au t horized 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. A eri a l Vidcog rapb y, Ph otog raphy and C in ema tog raphy 

### Aerial Fotography seeks to usc small AF

- UAS fo r the purpose ofaerial pho tography: 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 munjc i pal ities
. Aerial fotography has purposefully tailored its operations to meet the requ i rements establ ished 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) • Picto r vis ion. I nc. (Exemption No. I I067) • 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 I o. 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. I nc. (Exemption l o. 11178) • Ai r shark (Exemption 1 

### o . 11651) • Trudeau, Realtor® (Exemption o . 11138) • Alon S icherman (Exemption No. 1 1728) • 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. mon itoring and mapping ope rations will occur on privat e property or approved location in a con t rolled 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 gr ound 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 he licopters. Small UAS recording operations is also safer than traditional manned aircraft perform ing the same funct i on. Yideographer. photographe rs and inspectors also freq u ently need to climb roof tops. trees, ladders or otherw ise perform elevated work, wh ich exposes them to the risk of

### U.S Department ofTransportation 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 liti es 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 operatio ns. 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 us er 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 se nsory data with greater precision and duration at a very low cost. Small UAS will also be capable of access ing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods. liT. RELEVANT STATUTORY AUTHOR ITY 

### This Petition for Exemption is submitted pursuant to Section 333(a) tlu·ough (c) of the PAA Modernization and Reform Act of 20 I2 ("Reform Act")
. Congress has directed the FAA "to safely accelerate the integration ofcivil 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(" 1

### AS") where it is safe to do so based on the fo ll owing 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. Add iti onall y. the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standard s whe n 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 (petition s 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. 20 15 Page6 The small AF

-UAS operations proposed by Aer ial Fotography as noted above in this Petition for Exemption qualify for expedited app rova l pursuant to Section 333 of the Ref om1 Act as each of the statutory criteria and rel evant factors ar e satisfied. A. Approval is Warranted Based on the UAS ' s Size, Weight, Speed, an d Operational Capability 

### A Grant ofExemption is appropriate fo r operation s conducted u s in g the UASs due to their s ize weight, speed
. and operational capability.
• The AF

-UAS utilized by 

### Aerial Fotography has been approved for use in prior Section 333 Grants of Exempti on fro m the F/\/\ ..1 • T h e AF

-UAS weighs le ss 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 eith er groundspeed or calibrated airspeed to 

### determine compliance with the 50 knot speed restriction
• Altitude information will be generated by eq uipment o nboard the UAS as specified using GPS triangulation. digitally encoded barometric altimeter, r ad io altimeter. or any combination th ereof. Thi s inf ormation wi ll be transmitted to the pilot via telemetric data fe ed.
• The AF

- UAS will have sys tem redundancie s and independent functionality to ensure the overall safety and predictability of the system. I f connection to the r emote control or ground control statio n is lost. fa il safe systems will perm i t the UAS to return to a predetermined locati on and safely land without injury or damage.

• The radio frequencies used for operation s and control of the AF- UAS co mpl y \Vith the Federal Communicati ons Co mmi ss ion ("FCC") and other appropriate govemmen t oversight agency requirements. The operating frequenc y for the AF

-UAS is 2.4 and 5.8 GHz frequency bands. If the sa m e operations were conducted us in g a helicopter , the aircraft's take

-off we ight would lik e l

y exceed 6,000 pounds depending on payload. The difl'erence in weight berween the AF

UAS and a helicopte r significantly r educes the potential ham1 to the partic ipating and nonparticipating indi v iduals and /or s urrounding 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 o n the Operational Restrict ions Set Forth in Aerial Fotograph)' 'S Operation s Manual s

2 Sec e.g., Grant of Exemption to Shotover 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 Exempti on to Alan Purwin (Exemption 'o. I 1161) : Grant ofExemption to Helinet Aviation Services (Exe mption No. I I I60): Grant of Exemption to To t al Safety U.S., Inc. (Exemption No. 11156).U.S Department ofTransportation December 23, 2015 Page 7 Operations Manuals and the Manufactur er's Manual for the se lected 1\F-UAS will contain all the procedures and limitations necessary to safely and successfu ll y perform the operations specified in this Petition fo r Exemption. To assist the FAA in making a safety assessment ofAerial Fotography's proposed operations. below is a summary of operational limitations and conditions that Aerial Fotography wi ll adhere to. and which will ensure an equivalent or higher level of safety to operations conducted under current r egulatory guidelines: I
. The AF

- UAS weighs less than 55 pounds. with payload. 2
. All operations shall be conducted over private or controlled-access property wi th verifiable pem1ission from the land owner /controller or autho ri zed representative. Permission from land owne r /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 47. 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. PfC s shall possess either a private. r ecreational , or spo rt pilot certificate. The PI C must also hold a cu r rent FAA airm an medical certificate or a val id U.S. driver's license issued by a state. the District of Columbia. P uerto 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 certificat e. 6. The AF

-UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human v i sion unaided by any device other than corrective lenses. as spec ified on the PIC's FAA

- issued medical certificate
. 7. The PIC and Observer designated fo r any ope ration will be able to communicate verb a lly 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 Admin istrato r upon req uest. 1 fa discrepancy exists

**bet\~een** the conditions and limitations in the Gran t of Exemption and Aeria l Fotography's Operations Manuals. the conditions and li mitations in the Grant of Exemption shall take precedence and must be followed. Otherwise. Aerial footography shall follow the procedures outlined in their Operations Manuals. I0. Aeri al Foto graphy may update or revise its Operations Manuals. R evis ions will beU.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) ifquestions 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 prohib ited 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 fl y after that for at least I0 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 structur e, 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 ri sk ofoperating 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 i rport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that

### U.S Department ofTransportation December 23, 201 

### 5 Page 9 airport's management is obtained. and the operation is conducted in accordance with a NOTAM as required by the Aerial Fotography COA. The letter ofagreement 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.

### U.S Department ofTransportation December 23,2015 Page 10
26. Contingency plans wi ll be in 

### place to safely terminate flight ifth er c is a loss of communicati on between the PIC and the Observer. 27. The AF-UAS will have the capab ility to safely abort flight in the case of unpredicted obstacles or eme r genci es . 28. PlCs and Observers will have at least a current Class III Med ical Certif icat e or a valid and current state driver's license issued within the United States 29. Prior to conducting operatio ns for filming, the PIC will have accumu lat ed and logged. in a manner consistent with 14 CfR § 

### 61.51 (b), a minimum of200 Oi ght cycles and 25 h ours total time as a UAS r otorcraft pilot and at least 10 hours logged as a UAS pilot with a similar AF-UAS type platform. Thi s requirement can be achieved by flig hts conducted and logged as a hobbyist. 30. Prior to conducting operations for filming, the PIC will have accumu l ated and logged. in a manner consistent with 14 CFR § 

### 61.51(b). a minimum ofhours pursuant to 54 Cf R 

### § 61.51 (b) as UAS pilot operating the make and mode l ofAF-UAS to be utilized for operations under the exemption and three take-offs and three landing in the pr

eceding 90 days. 3 1. Operations shall occur during daytime VFR Meteorological Conditio ns: nights under spec ial visual flight rules ("SVF R" ) 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 (includ ing. but not limited to . ultralight vehicles. parachu te activities. parasail ing activities
. hang gliders. etc.). 33. Af-UAS Operations under In strument Flight Rules, at ni ght, or beyond VLOS are prohibited. 34. The UAS will not be operated from an elevated platform unless designed and engineered spec ifically for such purposes and be in compliance with the general r estri ctions imp osed by the app li cable regulati ons . Additio nall y no PlC wi ll provide any film-flight ope r at ion s whil e in motion fron1 atop any elevated platform veh icl e 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 othe r approp ri ate government oversight agency requirements. V. REGULAT I ONS FROM WHICH EXEMPTION IS REQUESTED 

### The F ederal Aviation Act expressly grants the F AA the authority to issue exemptions. This statuto r y authority, by its terms. includes exempting civil aircraft. as the term is defined w1der §U.S D ep artment ofTransportation December 23, 2015 Page ll 40 101 of the Act, including UASs, from its safety regulations and minimum standards when the Adminjstrator decide s a requested exemption is in the public interest. 3 Aerial Fotography seeks an exemption from several interrelated provisions ofTitle 14 of the Code of Federal R eg ul a tion s (" 14 C .F.R ") Parts 21, 45, 61 and 9l for purposes of cond uctin g 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 Petiti on er has established which wi II ensure a level of safety better than or equal to the rul es from wh ich exemption is sought: 1 

### UN MANNED AIRCRAFT SYSTEM A. 14 C.F.R. Part 21. Subpart H - Airworth iness Certificates and 14 C.F.R. §9 1.203(a)( I) The FAA has stated th at no exemption is needed from this section if a finding i s 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 the r e are some c ha racteristics ofthe chosen UAS that fail to meet the requirements of the R eform Act, an exemption is requested. Equiva lent L evel of Safe(y Aerial Fotography's use of the AF-UAS is safe when taking into account its size. weight speed. a nd operat io nal capability. As set forth in the description of proposed operations in Section IV(A) , the AF-UAS weigh s 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 al low Petiti oner to operate the AF

-UAS safely after experiencing certain in

- fli g ht co ntinge ncies or failures as noted below. 6 7 Additionally, the AF

- UAS carries neithe r 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 I000] has the capabil ity 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 s imil ar 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 sys t em where to go, and the system do es a ll the flying for the operator. The Af-UAS can be operated in both semi and fully autonomous flight mode s. with the operator simply clicking on a map to create a pre-planned flight pathU.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 not ice of all operations via NOTAMs as required by the applicable COA. In aU cases, operation of the AF

- UAS under the proposed conditions will be at least as safe as, or safer than , convent ional 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. 1 4 C.F.R. Part 2 7 Ainv orthin ess St and ards : N orm al Category Ro torcraft Tit le 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 identi f ied 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
. 2 3(b) and 45 .2 7(a) : Aircra ft Markin g and Id ent ific ati on R equire men ts 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 takeo ff 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 (G PS ) 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 stab ilit y so long as wind thresholds are not exceeded. Also a flight termination link- to prevent a 'fly away' or other potentially dangerous s ituation

- is available to the operator."
8 See Grant of Exemption No. 1 I062 to Astraeus Aerial (FAA

-20 1 4-0352 at pg. 13).

### U.S Department ofTransportation December 23.2015 Page 13 No person may operate a U.S.

-registered civi l aircraft un l ess that aircraft is identified in accordance \:vith Part 45 ofthis chapter.
• 1-+ C.F.R. 

### § ..f5.23(b). Markings of the Aircraft, states: W hen 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 "p rov isional. " as applicable
. • 14 C.F.R. § 

### 45.27(a). Rotorcraft, states: Each operator of a rotorcraft must disp lay on that rotorcraft horizontally on both su rfaces of the cabin. fuselage, boom, or tail the marks required by § 

### 45.23. f n a previous Grant ofExemption. 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." 1 0 E q uivalent L evel of Saf e ty 

### 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) : Mai ntena n ce I n s p ectio n s 

### 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. 

### § 9 1 .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 requi red inspections
... have discrepancies repa i red 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 U ASplatforms 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 Equiva lent Level of Saf ety 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 AF

UAS 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 , overhau l. 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 ofE xemption. 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-C OMMAND OF THE UAS 

### E. 14 C.F.R. 

### § 61.113: P ri vate P ilot Privileges a nd Limi tation s 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 1 4-0 352).

### U.S Department ofTransportation December 23, 2015 Page 15 Equiv al

ent L evel of S a

fety 

### 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 iss ued 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 ofAF

-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 ofAerial 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 th ey 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. O PERATING P ARAMETERS OF THE UAS F. U C
. F. R
. § 9 1. 7(a): C ivil Aircraft Ainvorthin ess 

### 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 th e 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. 1 4 C.F
. R. 

### § 9J.9(b)(2): C i v il Air c r aft Flight Manua l in th e Aircraft and 14 C.F
. R. 

### § 9 1. 203(a) and (b) : Car ry in g C iv il Aircr aft Ce rtifi cation a nd Registr ation 

### 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 D epartment ofTransportation 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 wi thi n it the following: (I) An appropriate and cur r ent a irworthiness certificate
... (b) No person may operate a civil aircraft unJess the a irworthiness 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 th e sma ll s ize and configuration of the AF-UAS. it would be impossible to keep a irw orth iness documents and other a ircraft 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 w ith the code Aerial Fotography will maintain the documents with the PIC and make tl1em available for inspection. E quiv alent L evel of S af ety In an FAA Office of Chief Counsel's Opinion dated August 8. 2014. and prepar ed 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. r eg istration c e rtifi cate. and other requi r ed documents f r om the ground control station from which he or s he is operating the a ircraft
. 14 As this FAA Office of Chief Counse l Opini o n clarifies. the int ent of the rule is to ensure the p il ot has access to these key documents during flight. Therefore
. an equ ivalent level of safery will be achieved by ens uri ng that the pilot has access to the documents a t the ground control station from which he or she i piloting the UAS. H. 1 4 C.F.R. 

### § 91 .103: Pr e fli ght Action Aerial Fotography seeks an exe mpti on from 14 C.F.R
. § 9 1. I03. which requires a PIC to become familiar with spec i fic 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 conduc t the flight. an exemption is requested to the extent that an FAA

- app roved Fli ght Manual is requ ir ed. Eq u iva lent Level of Safety An equ ivalent level of safety will be provided by follov.ing the Aerial Fotography·s Ope rations Manuals and the Manufactu rer's Manual. The PIC \-\·ill perform a series of checklists designed to identify any defects or ino perab le comp o nen ts in accordance with the Aer ial Fotography's Operations Manuals, includin g c heckl i sts covering Pre-Fli ght. Launch, La ndin g, and Post-Flight procedures. The PIC will a lso be required to r eview weather
. fligh t 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 ofTransportation 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 l e 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 i nstruction 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 a ircraft via radio communications. Accordingly, an exemption will be required for the flight in struction requirements of 14 C. f.R. § 9 I .I 09(a). Eq ui va lent Level of Safe t y 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 requ ired by the Aerial forography's Operations Manuals. all persons will be a safe distance away in th e 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 env ironment. 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. 

### § 9 l.ll9 (c) : M inimum Saf e Altitude s /\.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 necessar y. See e.g., Grant of Exemption No
. 11157 to Slugwear. Inc ., dba Like on a tree Aerial (FA A- 20 14-0534 at 15)
.

### U.S Department ofTransportation December 23, 20 15 Page 18 feet away from the AF-UAS. Equival e11 t L evel of Safet y 

### Compared to fl ight operation s with rotorcraft weighing tar more than the maximum weights p r oposed here in, and given the lack of flammable fue l with the above noted UASs, any risk associated with these operations is far les s than those which presently exist with conventional aircraft. An equivalent level of safety will be achieved given th e size, weight. and speed of the AF

-UAS
. as well as the co ntrolled location where the operation s will occur. ln order to avoid any risk to manned aircraft. flight operations will be rest ricted to 400 fe et AGL or below. or when inspecting a U.S
. structure whose height exceeds 400 feet AGL. within I00 feet above the highest point on that structure and 50 feet hori zo ntally of the structure . As set forth in the Operati ons Manuals. the AF-UAS will be operated in a r estricted area, and all flight s will be operated at a lateral di stance of at least 5 00 feet from any nonp articipating persons . unle ss that person is in a position where he or she is shielded from the Af- UAS and any possible debris re s ulting from its failure. As r eq uired by the Operat ions Manuals. flights will be tenninatcd if a nonparticipating person within 500 feet of th e AF-UAS leave s a s hielded position. Further, its operations will occ ur 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 PI C or Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in Aerial Fotography"s Operation s Manual s will ens ure operations can be conducted without comp r omi s ing pubI i c safety
. 16 K. 14 C. F.R. 

### § 9 1.1 2 1: Altim ete r S ettin gs 

### Aerial Foto graphy seeks an exemption from 14 C.F.R. 

### § 91.121. which requires a person operatin g an aircraft to maintain cruisjng altitude or flight level by reference to an altimeter that is set to the elevat ion of the departure airport or barometric pre ss ure . An 

### exemption is required to the extent that the UA Ss do not have a barometric altimeter, but rather a GPS altitude read o ut. Equiva lent L eve l of Safe (r 

### The FAA ha s stated that an equivalent level of safe ty to the requirements of 14 C .F.R. §91.121 can be achieved in circumstances where: (I) th e UASs will be operated below 400 feet AGL or below 1 7 • 

### (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 a t 19): "Ifbarriers or structures arc present that can sufficientl y 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 opera ror must also ensure that nonpanicipating persons remain und er s uch protection
. I f a s ituation

**ar se~**  where nonparticipating persons leave such protection and are within 500 feet of the UA
. night operation s must cease immedi ate l y. When considering how to immediately cease operations. the primar y concern is the safet y of those nonparticipating persons. In addition. the FAA finds that ope r ati ons 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 ri sk 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 I00U.S Department ofT ransportation December 23. 2015 Page 19 operator at a ground-b ased 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 operatio nal characteristics. Moreover
. as required by Aerial Fotography's Operations Manua ls, th e PI C 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. 15 1(a) : F uel Req uirements for F li gh t in VFR Con d it ion s 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 (co nsidering wind and fo rec ast weather conditions) ther e 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 lim itations on UAS battery power means that no meaningful flight operations can be conducted '"'hile still maintairung a 30-min ute 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. Equi valent 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 (cons idering wind and forecast weather condition s) there was enough power to fly to the first intended point of landing and. ass uming 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 safe ly l and the- AF-UAS as soo n 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 Astraeu s Aerial ( F AA-20 14-0352 at 21 ). t9. Grant of Exemption No
. 1111 2 to VDOS Global, LLC (FAA

-2014-0382 at 10).U.S Department ofTransportation December 23, 2015 Page 20 Fotography's use of the AF-UAS, combined w ith the requiremen ts of Petitioner's Operations Manuals, ensure that an equ ivalent level of safety can be achieved and in fact exceeded. S imilarly, in the Grant of Exe mption to A lan Purwin (Exemption No
. 11161 ), the FAA determjned that an equivalent level of safety to the fuel requirements fo r 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 landin g 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 include s a low battery warning sys t em and the amount of battery reserve power r emaini ng is continu ously transmitted to the PIC via te lemetric data feed. which downlinks from th e 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. P U

BLIC INTEREST T he public inter est w ill be served by g r ant ing 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 Petiti on. 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 s ignificantl y 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 ofPetitioner. unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods of providing s urveillance and mapping services location personnel to climb towers, trees. venture onto precarious roofs and other dangerous scenarios. perform eleYated work for which the indi vidual 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 UASU.S Department ofTranspurtation December 23, 20 IS Page 21 physical injury from dangerous falls or other physical mishaps. Moreover, inspectors /s urveyors 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. 2 1 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 here in. 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 licen sed 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.

1 1 See Grant of Exemption No. I 1158 to Team 5. LLC (FAA-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 remotel y located from the aircraft. The limited weight significantly reduces the potential for harm to panicipating and nonpaniciparing individual s 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." 22 See e.g., Grant of Exemption o. 11178 to Picture Factory. Inc. (FAA

-20 14-0794 at 18)
.U.S Department ofTransportation December 23,2015 Page 22 

### IX. F ED ERAL REGIST E R 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. CONC L US ION 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 a nd populated areas: operation with in VLOS and national security. The proposed Af-UAS operations will benefit the public as a whole by improving safety and reducing risk by allev iating 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 1 552 NW Keasey St Roseburg OR 97471 Phone: 541-225

- 7250: Email:

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