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. Updates
to 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

CFR § 47, and have identification (N−Number) markings in accordance with 14

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 (AFSоΘϬͿǁ ŝƚŚŝŶ ϮκŚŽƵƌƐ͘ ĐĐŝĚĞŶƚƐ ǁ ŝůůďĞƌĞƉŽƌƚĞĚ ƚŽ ƚŚĞE ĂƟŽŶĂů

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 stations
1. 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 requirements
1. 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 cannot
be 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