Photography in Motion

PO Box 1461

Manhattan Beach, CA 90267

July 11, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Photography in Motion (“Applicant”) for Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

CFR Part 11, Applicant would be an operator of an Unmanned Aircraft System (UAS) equipped to

conduct aerial photography and videography, hereby applies for an exemptio n from the listed Federal

Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as suc h o per ations are

conducted within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.

As described more fully below, the requested exemption would permit the operation of a small, unman ned

and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited, 2) predetermined,

3) controlled and 4) providing safety enhancements to the already safe operations in the industry using

conventional aircraft . The proposed exemption, if granted, would allow Applicant to co nduct commercial

operations of a UAS meeting or exceeding all of the operational and safety requirements Congress has set

forth in Section 333.

Applicant is the d.b.a., for Mark Nicholas, a photographer and videographer with more than 15 years of

professional photography experience

. Applicant intends to develop commerce in Southern California in

categories established below. Mr. Nicholas has over 5 years in Remote Controlled (“RC”) aircraft experience

in rotary aircraft. Applicant plans to use the capabilities of a UAS, equipped with camera(s) and sensor(s) in

a multitude of services, including:

• A erial photography and video for clients

• Event photography/videography

• Real estate surveying, photography and presentation

• Construction site inspections and monitoring

• Documenting public events , locations and news gathering

Page 1 of 9• Assistance with and //or live video feed for search and rescue operations in cases of emergency,

natural disaster or when requested by local or governmental authorities or as requested otherwise

• Offering of training related to general photography, aerial photography or the safe operation of a

UAS

Statutory Authority Section 333, titled “Special Rules for Certain Unmanne d Aircraft Systems”, provides a

mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft Systems (UAS)

operations in the National Airspace System (“NAS”). Se ction 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system before completion of

the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required

by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a

mechanism for “expedited operation authorization” if several factors are met.

The name and address o f the applicant are:

Photogra phy in Motion

Attention: Mark Nicholas

PO Box 1461

Manhattan Beach, CA 90267

mark@marknicholasphotography.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.205 (b)

14 CFR 91.215

14 CFR (91.401

– 91.417)

THE DJI INSPIRE 1

Applicant is requesting an exemption to enable the use of a DJI Inspire 1, a quadcopter, that is upgraded to

Page 2 of 9latest version firmware, equipped with a 3 axis camera gimbal which uses a high

- definition video camera

that can capture up to 4K (4096x2160p) video and 12M pixel photos. This UAS has a built

- in capability to

limit 1) the height it flie s above the ground and 2) the radius of the distance it flies from the operator. The

DJI Inspire 1 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 sufficiently strong, the system will automatically

trigger Return to Home and will land safely. Please refer to Attachments 1

- 3, the DJI Inspire 1 User, Safety

and Maintenance Manual s , for the performance limitations and flight operations.

Aircraft weight is 2935 grams or 6.47 pounds with battery, which is the total gross weight.

A pre

- flight inspect ion will be performed by the pilot

- in

- command (“PIC ”) i n accordance with the factory

instruction manual, 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 LiPo cells are balanced, and radio signals are locked in. The UAS will be

maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized

replacement parts will be used.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

UAS s are often seen as superior to helicopters and other aircraft due to the lesser cost of equipment, the

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions into the

environment. In addition to providing cos t savings and having little to no impact on the environment, UASs

provide enhanced safety. These factors are beneficial for, and in the best interest of, the public. Accordingly,

the applicant respectfully requests that the FAA grant the requested exemptio n without delay.

FCC Information

The DJI Inspire 1 transmitter used for controlling the UAS 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 dev ice must accept any interference received, including interference that may cause undesired

operation.

The DJI Inspire1 radio transmitter used for controlling the UAS is wireless technology which has been tested

and found to be compliant with the applicabl e regulations governing a radio transmitter in the 2.400GHz to

2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Inspire 1 transmitter, the PIC will maintain a separation distance of at least 5 cm

between his body (excluding f ingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure

safety requirements as determined by FCC regulations.

General Operational Standards

The limitations and conditions to which the A pplicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

• The UAS will weigh less than 55 lbs

. including the payload (i.e. camera, lens, and gimbals).

• The UAS will operate at speeds of no more than 25 knots, can hover, and can simultaneously move

Page 3 of 9vertically and horizontally.

• Minimum crew for each operation will consist of the PIC

, a Visual Observer (“VO”) and may

include, but not limited to, a Camera Operator.

• The PIC shall maintain an FAA

- issued airman medical certificate or a valid U.S. state driver’s

license.

• All operators will be able to communicate by voice at all times.

• Flights will be operated within line of sight of the PIC and/or VO and will operate at sites that are

a 'sufficient distance' from populated areas. Such operations will insure that the UAS will "not create

a hazard to users of the national airspace system or the public."

• Maximum flight time for each operational flight wi ll be 20 minutes.

• Flights will be terminated at 25% battery power reserve or 20 minutes of flight time whichever

occurs first.

• Flights will be operated generally at an altitude not to exceed 200 feet Above Ground Level

(AGL) but in no circumstance absent specific FAA approval or guideline at an altitude of no more

than 400 feet AGL , or such lower limit if required by the terms of this application, and not more

than 200 feet above an elevated platform from which filming is planned.

• Before an operation of an UAS within 5NM of an airport with a control tower, the control tower will

be called to gain permission to operate the UAS. The PIC will give the positio n, altitude and the

times the UAV will be operated. The UAS will not be operated at an altitude of over 200 feet AGL.

Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Before an operation of an UAS within 5NM of a non

- tower controlled, airport operators will be

notified and the PIC will give the right of way to avoid flying in the proximity of manned aircraft. At

no time will the UAS be operated within the final approach course and the takeoff course of any

runway. The UAV will not be op erated at an altitude of over 200 feet AGL. Weather minimums will

be 3 miles visibility and a 1000 foot ceiling.

• The PIC will take and pass all necessary certifications currently being approved by the FAA

administration for commercial use.

• A briefing will be performed regarding the planned UAS operations prior to each flight.

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

• Unless otherwise modified by blanket exemption, t he PIC will file FAA Form 7711

- 1, or its

equivalent, as modified in light of the requested exemption, with the appropriate local Flight

Standards District Office ( “ FSDO ” ) no more than 72 hours but no less than 48 hours from

planned operation.

• The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission of the FSDO,

operations at closer range may be approved.

Page 4 of 9• The PIC and VO will have been trained in operation of UAS and receive up

- to

- date information

for the particular UAS to be operated.

• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will

have the capability to return to a pre

- determined location within a designated location and land

autonomously.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on

combustib le fuel. The UAS operates at lower altitudes with no people on board and will thereby reduce

current risk levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small

payload and maximum flight time of only 20 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground based imagery

for displaying the characteristics of large, complex properties with several buildings and large t rees. The

benefits of reduced cost and improved quality of presentation from the UAS over manned aircraft will be

valuable to and benefit many buyers and sellers of real property, farmers and ranchers, and local city

officials to monitor our local water su pply.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who might

require assistance, including fire fighters, police, sheriff, etc., all while remaining subject to all limitations

cited below:

(a) No fligh t will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed of no

more than 25 knots and no further than 1600 feet or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by

voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the property

owner;

(e) All required permissions will be obtained from state and local government prior to operation;

(f) Applicant will not be operated over densely populated areas;

(g) Applicant will not be operating over any open

- air assembly of people;

(h) Applican t will not be operating over heavily trafficked roads;

(i) Applicant will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H

meets the requirements of a n equivalent level of safety under Part 11 and Section 333 of the Reform Act.

Page 5 of 9The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the

size, weight, speed, operational capability, and proximity to airports and populated areas of the particular

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by both the operator and under the requirements and in compliance with local public safety

requirements. The FAA will have advance notice of all operations. These safety enhancements provide a

greater degree of safety to the public and property owners than conventional operations conducted with

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size,

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and

inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters

at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least

2 inches high near the entrance to the cabin, cockpit, or pilot station. The UAS does not have an entrance in

which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it

by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL"

in the placard on the top of the aircraft, as sho wn above, where the PIC (Pilot i n Control), VO (Visual

Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the

designation.

Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the

aircraf t's registration information at the ground station. Finally, we will display at the ground station a high

contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high

or greater. Since the aircraft will operat e within 0.263 NM of the ground station, the banner should be visible

to anyone that observes the aircraft and chooses to investigate its point of origin.

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. An equivalent

level of safety can be achieved through adherence to the representations contained herein because the

applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation

of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The

operation and limitations set forth in the FOM will equate to the safe operation of the UAS and justify an

exemption from this requirement

.

Page 6 of 914 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9: Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft

... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings,

and placards, or any combination thereof. The UAS, given its size and configuration has no ability or

place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but

because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety

will be maintained by keeping the flight manual at the ground control point where the pilot flying the

UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. The PIC will take all actions as stated in the manufacturer FOM in the pre

- flight

inspection section, including but not limited to reviewing weather, flight battery requirements, landing

and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is

being used for flight instruction unless that aircraft has fully functioning dual controls. Although the DJI

Inspire 1 is capable of duel/linked cont rols, Applicant will be operating in general with a single remote

controller. The FAA has approved exemptions for flight training without fully functional dual controls for

a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and

speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption

is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption

may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. Operations will only be flown over property or persons where

permission has been obtained and careful pre

- planned flight path has been performed. Because of the

advance notice to the property owner and participants in the filming activity, all affected individuals will

be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable f uel, any risk

associated with these operations is far less than those presently presented with conventional aircraft

Page 7 of 9operating at or below 500 AGL. The aircraft will be operated at a low altitude allowing, if a power unit

fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal

compared to manned aircraft, which should be considered in granting the exemption.

14 C.F.R. §91.121 Altimeter Settings.

This re gulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set “... to the elevation of the departure airport or an appropriate altimeter setting

available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator,

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site

shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless

there is enough fu el to fly to the first point of intended landing and to fly after that for at least 30 minutes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to

landing. The UAV is battery operated and the maximum du ration of flight from a single battery charge is 20

minutes with a 25% reserve. Since the aircraft will never fly more than 0.263 NM from the point of intended

landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the

word "energy".

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft

and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the

airworthiness certificate be "displayed at the cabin or cockpit en trance so that it is legible to passengers or

crew."

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the

UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable

to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an a irworthiness certificate, these sections

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight

manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very

limited in size and will carry a small payload and operate only in restricted areas for a limited period of

time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than

Page 8 of 9400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight,

perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is

the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure

that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Safety and Benefits of the UAS

Applicant will be using the UAS in a variety of applications that generally require expensive full

- size

manned aircr aft to complete. Small, light, unmanned aerial vehicles offer more efficient and safer benefits

over the use of full

- sized manned aircraft for aerial photography, advanced agriculture monitoring, film and

still photography, real estate marketing, (see atta chment 4), and water supply monitoring. Replacing

significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no

passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Applicant’s

r equested exemptions, the FAA will help drive development of safe and successful commercial UAS

operations and will advance the public knowledge base for such operations. Applicant is committed to

promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by

sharing data from its commercial UAS operations and serving as a resource for future UAS research

operations. Thus, the FAA has good cause to grant this Petition.

IN CONCLUSION

As pointed out in this application, the DJI Inspire 1 which Applicant would use, under authorization by the

US DOT

- FAA, is a small, light

- weight device operated within the line of sight of the PIC in accordance with

the limitations provided above. The DJI Inspire1 has been proven capable for controlled flight. It is a UAS

offered for general sale on the market around the world and have often been used as Model Aircraft in the

USA. We are 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 the UAS such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Applicant should be

permitted to conduct small UAS 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 p rocess so that the

UAS may be used for legitimate commercial activities and under reasonably safe conditions.

Best regards

,

P hotography in Motion

By: Mark Nicholas, Owner

Page 9 of 9