### 1 Desert Vista Aerial Photography, LLC G. Michael Cundiff, Jr. 120 S Houghton Rd Ste 138-187 Tucson AZ 85748

U.S Department of Transportation May 27, 2015 Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R §21, Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); §91.119(c); §91.121; §91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409( a)(1) and (a)(2); §91.417(a) and (b).

Dear Sir(s)/Madam(s),

Pursuant to Section 333 of the FAA Modernizat ion and Reform Act of 2012 and C.F.R. Part 11, Desert Vista Aerial Photography, LLC (“Petitioner ”) seeks an exemption from the Federal Aviation Regulations as listed below.
The requested exemption would a llow Desert Vista Aerial Photography, LLC to provide aerial photography and video services to clients for use in re al estate sales, local area orientation, surveying, marine photo and video, agriculture, academic resear ch, aerial inspections, aerial data collection and special events using a combination of DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 Advanced and DJI Phantom 3 Professional Small Unmanned Airc raft Systems (SUAS). Use of a sUAS reduces the requirement to utilize manned lifting devices, manned c limbing or manned aircraft over populated areas, for the same purpose and provides high quality results at a fraction of the price. These savings result in enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will be conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.
As detailed in this document, the requested exem ption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Granting this request fulfills the Se cretary of Transportation’s (FAA Ad ministrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate purposes.
The owner of Desert Vista Aerial Photography, LLC is an FAA Commercial certificated pilot with more than 3,100 flying hours in military and civilian single and multi-engine aircraft, including 8 years of experience flying in the planned area of operations. The owner, who will serve as the Chief Pilot, has served as the Chief of Safety for the Air Force’s fleet of EC-130H aircraft also has extensive instructor and evaluator experience in EC/AC-130H aircraft. The Ch ief Pilot also has experience with Radio Control aircraft reaching back 17 years, includ ing recent quad-copter sUAS experience.

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

2 In accordance with 14 C.F.R §11.81, Petitioner pr ovides the following information in support of its petition for exemption:

I: Name and Address of the Petitioner:
G. Michael Cundiff, Jr. Owner, Desert Vista Aerial Photography, LLC 120 S Houghton Rd Ste 138-187 Tucson AZ 85748

Phone: (520) 975-0798 Email: DVAPhotos@yahoo.com

II. The Specific Sections of Title 14 of the Co de of Federal Regulations from Which Petitioner Requests Exemption are:

§21, Subpart H §61.23(a) and (c) §61.101(e)(4) and (5) §61.113 §61.315(a) §91.7(a) §91.9 (b) (2) §91.119(c) §91.121 §91.151(a)(1) §91.405(a) §91.407(a)(1) §91.409(a)(1) and (a)(2) §91.417(a) and (b)

Airworthiness Certificates

14 C.F.R. §21, Subpart H, sets forth requirements fo r procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight an d enclosed operational area of the proposed sUAS meets (and exceeds) an equivalent level of safety pu rsuant to Section 333 of the Reform Act. Therefore, no airworthiness certificate is required in accordance with 14 C.F.R. Part 21, Subpart H. The petitioner seeks to gain confirmation the FAA concurs.

Medical Certificate
§61.23(a) and (c) require varying classes of medical certificates for a person depending on the privileges they are exercising and certificated for. Given th e additional exemption re quest to §61.101, 61.113, and 61.315, Petitioner proposes the PIC will hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Co lumbia, Puerto Rico, a territory, a possession, or the Federal government as commensurate with their pilot certificate, but no more than that required for Private Pilot privileges (currently a third-class medical certificate).

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

3 Recreational Pilot Privileges
§61.101(e)(4) and (5) state that no person that holds a Recreational Pilot certificate may act as Pilot in Command of an aircraft for compensation or hire (4 ) or in furtherance of a business (5). The FAA has previously acknowledged in prior grants of exem ption under Section 333 that a commercial pilot’s certificate was not necessary to safely operate a sUAS , but that the FAA could not waive the requirement for an FAA-issued pilot’s license. A Recreational Pilo t certificate addresses the FAA’s requirement that the Pilot in Command have the requisite training and und erstanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, recreational, or sport pilot certificate.
Private Pilot Privileges
§61.113 states that no person that holds a Private P ilot certificate may act as Pilot in Command of an aircraft for compensation or hire. The FAA has prev iously acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA-issued pilot’s license. A Private Pilot certificate addresses the FAA’s requirement that the Pilot in Command have the requisite training and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, recreational, or sport pilot certificate.
Sport Pilot Privileges
§61.315 states that no person that holds a Sport Pi lot certificate may act as Pilot in Command of an aircraft for compensation or hire (c)(2) or in furt herance of a business (C)(3). The FAA has previously acknowledged in prior grants of exemption under Se ction 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA-issued pilot’s license. A Sport Pilot certificate addresses the FAA’s requirement that the Pilot in Command have the requisite training and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to na tional security. Petitioner proposes a PIC to hold either an airline transport, commercial, private , recreational, or sport pilot certificate.

Airworthiness Certificate
§91.7(a) prohibits the operation of an aircraft withou t an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FA Rs, this Regulation is inapplicable. Petitioner will ensure the sUAS is in airworthy condition prior to every flight, by determining that the sUAS is in compliance with the manufacturer supplied operating documents and that the aircraft is in a condition for safe flight.
Flight Manual on board
§91.9 (b) (2) requires an aircraft flight manual in th e aircraft. As the aircraft is remotely operated, Petitioner requests to maintain th e flight manual in a position available to the PIC while operating the aircraft.

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

4 Minimum Safe Altitudes
§91.119(c) prescribes safe altitudes fo r the operation of civil aircraft. Due to the nature of the petitioner’s operations (photography/video), it will be necessary to operate at distances less than prescribed. Given the UAS carries zero explosive material (i.e. fuel) onboard, any damage will come solely from a direct impact. However, given the small size and light weig ht of the proposed UAS systems, the hazard to persons, vehicles and structures is minimal co mpared to manned aircraft for which §91.119(c) was written.
Altimeter Requirements
§91.121 requires that aircraft maintain cruising alti tudes by referencing an altimeter setting available within 100nm of the aircraft. The proposed aircraft have the ability to report a GPS-derived Above Ground Level (AGL) altitude to the PIC which is line with the guidance the FAA prescribes for Model Aircraft. Petitioner proposes utilization of this method vic e the method prescribed in §91.121 for determining aircraft altitude.

Fuel Reserves
§91.151(a)(1) states that no person may begin a flight in an airplane under day-VFR conditions unless the there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The proposed UASs have a flight time of a pprox. 12-15 minutes and carry no fuel, therefore the wording of this section cannot apply. Petitioner requ ests exemption to this requirement with the condition that the PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA S to conduct the intended operation and land with the reserve power recommended by the manufacturer.
Maintenance Requirements
§91.405(a), §91.407(a)(1), §91.409(a)(1), §91.409(a )(2), §91.417(a) and §91.417(b) prescribe a maintenance regimen that is more applicable to a full sized manned aircraft than a SUAS with few serviceable parts. Instead, the petitioner proposes that prior to each flight the PIC will conduct a thorough pre-flight inspection and determine if the sU AS is capable of safe operation. Additionally, a qualified pilot will conduct a thorough functional test flight following any repairs to ensure proper and safe operation of the UAS.
III. The Nature and Extent of Relief Sought and Reasons Therefore:

Petitioner is seeking relief from any currently a pplicable FARs preventing commercial operation of a sUAS within the national airspace system. The Reform Act provides for such integration of civil unmanned aircraft systems into our national airspace syst em as it is in the public’s interest to do so. As sUAS technology continues to rapidly expand, their ut ility and therefore their use will continue to rapidly expand as well. Integrating this technology into the National Airspace System incrementally is critical to ensuring the future progress and su ccess of both traditional and emer ging technologies and aircraft. Petitioner desires to help shape the landscape of that integration while providing a valuable service to the community.

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

5 IV. The Benefit to the Public Interest as a Whole if Petition is Granted:

Until recently, the only way to obtain an aerial photograph or video was through either a low flying manned aircraft, or a ground based device that ra ised a person precariously high in the air. By utilizing proven modern technology, Petitioner will re duce the threat to both the photographer and the public writ large. As the FAA recognized in th e Douglas Trudeau, Realtor® Exemption, No. 11138:

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] we ighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The limited we ight reduces the potential for harm to persons or damage to property in the event of an incide nt or accident. The risk of an onboard pilot and crew during an incident or accident is eliminated with the use of a (iv) (v) within Class G airspace; and outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.”

In addition to reducing the risk to personal injury or death from these operations, the cost will be greatly reduced making the services once reserved for the wealthy available to middle class citizens. Additionally, aerial photography and video provides a positive economic impact for the community and for companies considering relocating or building in the lo cal area or other areas as they are able to gain a greater understanding of the geographic area they are interested in. This is also an important service for individuals relocating for various reasons.

V. The Grant of the Requested Exemption Will Not Adversely Affect Safety:

As indicated in section III, petitioner’s operations will enhance safety rather than adversely affect it. In addition to the reasons pre viously stated, petitioner’s operations will not require a manned aircraft to orbit at low altitude in congested airspace and wi ll reduce any noise and air pollution associated with the operation of those aircraft.

In addition to the inherent safety enhancem ents of operating a sUAS vice a manned aircraft, operational and technological protocols ensure impr oved safety of aerial photography operations.

Technological protocols include:

- Use of GPS technology to provide steady flight including a flight safety feature whereby the sUAS hovers and then slowly returns to an appointed location and lands if communication with the pilot is lost

- Preprogrammed “No Fly Zones” prevent the sUAS from operating in desi gnated areas such as within 5 miles of an airport or above a designate altitude

- Automatic landing feature is triggered by a crit ical low battery status preventing the sUAS from running out of battery while in flight

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

6 Operational protocols include:

- Flight in Day VFR weather conditions only.

- Operated at an altitude of no more than 400 feet above ground level (AGL), though most flights will occur below 200 feet AGL. Speed will not exceed 30 mph over the ground. The Pilot in Command will maintain Visual Line of Sight capability at all times.

- A thorough pre-flight inspection will be a ccomplished in accordance with manufacturer instructions. A survey of the area in the vicinity of the flight operation will be conducted making note of any potential hazard(s) and a ri sk mitigation plan will developed for each hazard.

- Any time the sUAS has undergone maintenance or alteration, a qualified Pilot in Command will conduct a Functional Check Flight to ensure airworthiness. This flight will occur in a sparsely populated area, free of hazards.

- Flight will plan to terminate with no less than 25% battery power remaining.

- All training flights will occur in sparsely populated areas free of hazards.

- No individual will act as Pilot in Command (PIC) of the sUAS (except during training conducted in designated areas) without either an airline transport, commercial, private, recreational, or sport pilot certificate, and written certificate of qualification by the Petitioner’s Chief Pilot. In order to receive a certificate of qualification, a PIC will be required to demonstrate proficiency in operating the sUAS in a manner consistent with the exemption, including normal, evasive and emergency mane uvers and maintaining appropriate distances from people, vessels, vehicles and structures.

- All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authoriz ed representative. Permission from property owner/controller or authorized representat ive will be obtained for each flight to be conducted.

- All operations will utilize at least one visual ob server (VO). The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

- All Flight operations will be conducted at leas t 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

o Barriers or structures are present that su fficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. If a situation arises where the PIC becomes aware of nonparticipating pe rsons leaving such protection and are within 500 feet of the sUAS, flight operat ions will cease immediately in a manner ensuring the safety of nonparticipating persons.

- The sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder.

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

7 VI. A Summary the FAA May Publish in the Federal Register:

Desert Vista Aerial Photography, LLC seeks ex emption from the requirements of 14 C.F.R §21, Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); §91.119(c); §91.121; §91.151(a)(1); §9 1.405(a); §91.407(a)(1); §91.409( a)(1) and (a)(2); §91.417(a) and (b). The requested exemption would allow the pe titioner to provide aerial photography and video services to clients for use in real estate sales, loca l area orientation, surveying, marine photo and video, agriculture, academic research, aerial inspections, aerial data collection and special events using a combination of DJI Phantom 2 Vision , DJI Phan tom 2 Vision+, DJI Phantom 3 Advanced and DJI Phantom 3 Professional Small Unmanned Aircraft Systems (SUAS). Use of a sUAS reduces the requirement to utilize manned aircraft over populate d areas, manned lifting devices or manned climbing for the same purpose and provides high quality results at a fraction of the price. These savings result in enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will be conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

VII. Additional Information to Support the Request:
The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. In Grants of Exempt ion Nos. 11062 to Astraeus Aerial (see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. (see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved usin g an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addi tion to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Respectfully Submitted,

G. Michael Cundiff, Jr. Owner, Desert Vista Aerial Photography, LLC

Attachments:
Attachment A: DJI Phantom 2 System Specs
Attachment B: DJI Phantom 2 Vision+ System Specs
Attachment C: DJI Phantom 3 Advanced System Specs
Attachment D: DJI Phantom 3 Professional System Specs

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

8 Attachment A: DJI Phantom 2 System Specs

Aircraft:
Weight (Battery & Propellers included) - 1000g
Hover Accuracy (Ready to Fly) - Vertical: 0.8m; Horizontal: 2.5m
Max Yaw Angular Velocity - 200°/s
Max Tilt Angle - 35°
Max Ascent / Descent Speed - Ascent: 6m/s; Descent: 2m/s
Max Flight Speed - 15m/s(Not Recommended)
Diagonal Length - 350mm
Flight Time - 25mins
Take-off Weight - ≤ 1300g
Operating Temperature - -10°C ~ 50°C
Supported Battery - DJI Smart Battery
DJI Smart Battery

2.4GHz Remote Control:
Operating Frequency - 2.4GHz ISM
Communication Distance (open area) - 1000m
Receiver Sensitivity (1%PER) - -97dBm
Working Current/Voltage - 120 mA@3.7V
Built-in LiPo Battery Working Current/Capacity - 3.7V, 2000mAh

Full User Manual available at http://www.dji.com/produ ct/phantom-2/download

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

9 Attachment B: DJI Phantom 2 Vision+ System Specs

Aircraft:
Supported Battery - DJI 5200mAh LiPo Battery
Weight (Battery & Propellers included) - 1242g
Hover Accuracy (Ready to Fly) - Vertical: 0.8m; Horizontal: 2.5m
Max Yaw Angular Velocity - 200°/s
Max Tiltable Angle - 35°
Max Ascent / Descent Speed - Ascent: 6m/s; Descent: 2m/s
Max Flight Speed - 15m/s (Not Recommended)
Diagonal motor-motor distance - 350mm

Remote Control:
Operating Frequency - 5.728 GHz

- 5.85 GHz
Communication Distance (open area) - CE Compliance: 400m; FCC Compliance: 800m
Receiver Sensitivity (1%PER): -93dBm
Transmitter Power - CE Compliance: 25mW; FCC Compliance: 100mW
Working Voltage - 120 mA@3.7V
Built-in LiPo Battery Working Current/Capacity - 3.7V, 2000mAh

Range Extender:
Operating Frequency - 2412-2462MHz
Communication Distance (open area) - 500-700m

Transmitter Power - 20dBm
Power Consumption - 2W

Full User Manual available at http://www.dji.com/product/phantom-2-vision-plus/download

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

10 Attachment C: DJI Phantom 3 Advanced System Specs

Aircraft
Weight (including battery and propellers) - 1280 g
Diagonal size (including propellers) - 590 mm
Max Ascent Speed - 5 m/s
Max Descent Speed - 3 m/s
Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m; Horiz: +/- 1.5 m
Max Speed - 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level - 6000 m
Operating Temperature - 0°C to 40°C
GPS Mode - GPS/GLONASS

Remote Controller
Operating Frequency - 2.400 GHz-2.483 GHz
Max Distance - 2000m (out doors and unobstructed)
Video Output Port - USB
Operating Temperature - 0°C- 40°C
Battery - 6000 mAh LiPo 2S
Mobile Device Holder - For tablet or phone
Receiver Sensitivity (1%PER):-101 dBm ±2 dBm
Transmitter Power (EIRP) - FCC: 20 dBm CE: 16 dBm
Working Voltage - 1.2 A @7.4 V

Full User Manual available at http://www.dji.com/produ ct/phantom-3/download

### Desert Vista Aerial Photography, LLC Section 333 Request for Exemption 27 May 2015

11 Attachment D: DJI Phantom 3 Professional System Specs

Aircraft
Weight (including battery and propellers) - 1280 g
Diagonal size (including propellers) - 590 mm
Max Ascent Speed - 5 m/s
Max Descent Speed - 3 m/s
Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m; Horiz: +/- 1.5 m
Max Speed - 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level - 6000 m
Operating Temperature - 0°C to 40°C
GPS Mode - GPS/GLONASS

Remote Controller
Operating Frequency - 2.400 GHz-2.483 GHz
Max Distance - 2000m (out doors and unobstructed)
Video Output Port - USB
Operating Temperature - 0°C- 40°C
Battery - 6000 mAh LiPo 2S
Mobile Device Holder - For tablet or phone
Receiver Sensitivity (1%PER):-101 dBm ±2 dBm
Transmitter Power (EIRP) - FCC: 20 dBm CE: 16 dBm
Working Voltage - 1.2 A @7.4 V

Full User Manual available at http://www.dji.com/produ ct/phantom-3/download