MENN 

L A w F I R M LTD. 

April3, 2015 

U.S. Department ofTransportation, Docket Operations 

West Building Ground Floor, Room Wl2-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

~50 I l::a ... t l:: nt Jr ~e A \'enue 

P.O . Box 785 

Appleton. WI 54912-0785 

p 920.73 1.663 I 

f920.734.0981 

Douglas 0. Hahn 

Douglas-Hahn@. mennlaw.com 

Direct Phone: 920.560.4718 

RE: Image Studios Inc. Submission of Request for Authorization to Conduct 

Unmanned Aircraft Systems Operations Allowed by Section 333 of the FAA 

Modernization and Reform Act of 2012 Through tlte Exemption Process Identified 

Under 14 C.F.R. § 11.81 

Dear Sir/Madam: 

This firm represents Image Studios Inc. in its exemption request pursuant to section 333 of the 

FAA Modernization and Reform Act of2012 in order for Image Studios to operate its unmanned 

aircraft system (UAS) for the purposes of photography and videography. 

The enclosed petition provides the specific sections from 14 C.F.R. from which Image Studios 

seeks exemptions, the reason relief is sought, how the exemptions would provide a level of 

safety at least equivalent to the rule, and how the exemptions benefit the public as a whole. 

Petitioner also provides additional information in the fonn of the UAS (DJI Phantom 2 Vision 

Plus) Quick Start Guide, Pilot Training Guide v l .l, and User Manual v1 .8. 

Thank you for your consideration of this petition. 

Very truly yours, 

MENN LAW FIRM, L TO. 

]) rMJ {s OJ. fiLDouglas D. Hahn 

APPLETO -Joseph J. Beisenstein • Mark R. Feldmann • Joseph A. Bielinski • Douglas D. Hahn • Robert N. Duimstra • Patrick J. Coffe~· 

James N. Miron • Steven J. Frasscllo • Jarrod J. Papendorf • Christopher D. Wolske • Mitchell J. Musial • Brenton D. Teeling 

Mary F. Coughlin • Abby D. Theisen • lan M. Mevis • Jillayne Y. Verich • 'William P. McKinley • Kurt F. Ellison • Brian P. Bcisenstein 

SEYMOUR - Perry D. Pierre • Brennan T. lhworth GREEN BAY - Megan A. Kuehl • Mary Beth Callan • Jaso n G. Wied 

OF COUNSEL- Bruce K. Schmidt • Mark A. Pen now WWW.MENNLAW.COM 
9 1MAGE 

Image Studios Inc. 

Michael Leschisin 

1100 S. Lynndale Drive 

Appleton, WI 54914 

920-738-4080 

mleschisin@imagestudios.com 

April 3, 2015 

U.S. Department ofTransportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Image Studios Inc. Submission of Request for Authorization to Conduct 

Unmanned Aircraft Systems Operations Allowed by Section 333 of the FAA 

Modernization and Reform Act of2012 Through the Exemption Process Identified 

Under 14 C.F.R. § 11.81 

Dear Sir/Madam, 

Pursuant to Section 333 ofthe FAA Modernization and Refonn Act of2012 (The Refonn Act), 

Image Studios Inc. ("Petitioner"), hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) to allow commercial operation of an unmanned aerial system (UAS) for 

aerial photography and videography in advertising campaigns within the United States National 

Airspace System (NAS) so long as operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

This request is separate from any Certificate of Authorization/Waiver (COA) requested. 

Section 333 of The Reform Act allows the Secretary of Transportation to detennine if certain 

UAS may operate safely in the national airspace based on, "their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight. . 

. ,. as to not create a hazard to users of the national airspace system or the public, and not pose a 

threat to national security. 

Pursuant to 14 C.F.R. § 11.81 , contained within is detailed information on why the approval of 

the request is in the best interests of the public and how the approval will, '· ... provide a level of 

safety at least equal to that provided by the rule from which,'" exemption is sought. 
Thank you for your time and consi 

Michael Leschisin 

Partner/Owner 

Image Studios Inc. 

Applicant Contact Information: 

Image Studios Inc. 

Attn: Michael Leschisin 

1100 S. Lynndale Drive 

Appleton, WI 54914 

920-738-4080 

mleschisin@imagestudios.com 

ration in this matter. 

< 
Table of Contents 

I. Company Background 

II. Training and Operations 

III. Regulations - Exemptions Requested 

a. 14 CFR Part 21 Subpart H; 14 CFR § 91.203 (a) (l ): Airworthiness Certificates 

b. 14 CFR § 61.113 (a) and (b) and§ 61.133(a)(1)(ii): Private and Commercial Pilot 

Privileges and Limitations 

c. 14 CFR § 91.7(a): Civil Aircraft Worthiness 

d. 14 CFR § 91.9 (b)(2): Civil Aircraft Flight Manual 

e. 14 CFR § 91 .1 09: Flight instruction 

f. 14 CFR § 91.119: Minimum Safe Altitudes 

g. 14 CFR § 91.121: Altimeter Settings 

h. 14 CFR § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

1. 14 CFR § 91.405(a), § 91.407(a)(1 ), § 91.409(a)(2) and § 91.417(a) and (b): 

Maintenance Inspections 

IV. Public Interest and Safety 

V. Federal Register Summary 
I. Company Background 

Petitioner has provided commercial photography and videography for advertising, corporate 

publications, catalogs, annual reports, and websites for nearly fifty years. Petitioner 

continually seeks to bring new technology, techniques, and creative methods to clients in 

order to maximize the effectiveness of advertisement campaigns. In order to continue to 

provide the best in advertising campaigns, Petitioner seeks regulatory exemptions that will 

allow Petitioner to employ UAS technology in the photography and videography process. 

II. Training and Operations 

The Aircraft: DJI Phantom 2 Vision Plus 

Design: 

The DJl Phantom 2 Vision Plus is comprised of a UAS and a transportable ground 

station. It is a quad-copter that is equipped with four rotors that are driven by 

electronic motors and powered by batteries. It is approximately 23 inches square and 

14 inches high. 

Aircraft Performance/Specifications: 

• Flight Controls: 

o Primary: GPS guided autopilot (lock into at least 6 satellites) 

o Backup: Standard flight controls that combine gyro, accelerometers, 

barometer and compass for navigation 

• Power Supply: Battery - 5200 mAh lithium-polymer 

• Speed: Maximum airspeed of 30 knots 

• Flight Time: Maximum of25 minutes 

• Weight: Approximately 3 lbs including battery and propellers 

Aircraft Registration: 

The UAS will be identified by serial number and registered in accordance with 14 

C.F.R. § 47, and have an identification markings in accordance with 14 C.F.R. § 45 

Subpart C. These markings will be made as large as is practicable on the UAS in 

accordance with 14 C.F.R. § 45.29 (f). 

Maintenance Standards: 

Pilot in charge (PIC) must detennine whether UAS is in condition for safe flight. 
Pre and post flight inspections will be routinely conducted. 

Maintenance will be performed in accordance with the manufacturer's guidelines and by 

certified technicians. 

All inspections and maintenance will be documented in house. 

After maintenance, certified technicians will verify the UAS is ready for flight. 

PIC Training: 

PIC will: 

o Have a private pilot license; 

o Have a third-class ainnan medical cettificate; 

o Meet the minimum flight hour requirements required by the FAA in Exemption 

No. 11062 {Astraeus) and in a manner consistent with 14 C.F.R. § 61.51 (b), 

defined below 

Visual Observer: 

• Flight hours: PIC must complete 25 hours of total time as a UAS 

rotorcraft pilot. Included in these 25 hours, the PIC must log at least 10 

hours as a UAS pilot with a multi-rotor UAS and at least 5 hours operating 

the DJ I Phantom 2 Vision Plus. Training, proficiency, and experience 

building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and 

experience-building flights, the PIC is required to operate the UAS within 

appropriate distances in accordance with 14 C.F.R. § 91.119. Pursuant to 

Exemption No. 11138 {Trudeau). 

• Skills: The PIC must accomplish 3 take-offs and landings in the preceding 

90 days (for currency purposes). 

• Manufacturer's Certification and Training: PIC must review all DJI 

Phantom 2 Vision Plus manuals, training and quickstart guides, and 

tutorials. These will be updated from time to time and PIC is required to 

keep up to date with these manuals, guides, and tutorials. 

• Prior Documented Flight Experience: Prior documented flight 

experience that was obtained in compliance with applicable regulations 

will satisfy the flight hours requirement. 

Must complete all training contained in Operating Documents. 

Must maintain sight ofUAS at all times. 

Does not need an ainnan medical certificate. 

2 
Operations Execution 

Given the fact that commercial UAS operations are restricted due to the lack of regulations, a 

logical and safe solution is to utilize the parameters of model aircraft operation outlined in 

Section 336 of PL 112-95 as well as other guidelines found within 14 C.F.R. 

The following list provides specific rules and guidelines all Petitioner UAS operations will 

adhere to in order to ensure at least an equivalent or higher level of safety when compared to 

manned aircraft perfonning the same functions as outlined in 14 C.F.R.: 

I) All flight crews will: 

• Be comprised of a minimum of 3 members. One for piloting, one for visual 

observation, and one for camera operation. 

• Perfonn pre flight operations to ensure the safety of the flight in accordance with 

C.F.R. § 91.103 (b) {I) and (2), excepting the Aircraft and Rotorcraft Manual 

requirements ofthe regulation, including reviewing: 

o Weather such as wind speeds that will affect the flight or cloud cover and 

sun glare that will affect visibility of the UAS or other aircraft; 

o Flight battery requirements; 

o Landing and take-off distances; 

o Aircraft perfonnance data; and 

o Relevant site specific conditions. 

• Schedule flight in a daily production sheet. 

• Infonn all persons on site ofthe flight plan and the UAS 's operation. 

2) All flight operations will : 

• Fly below 400 feet and remain clear of surrounding obstacles. 

• Keep the aircraft within visual line of sight at all times. 

• Remain well clear of and not interfere with manned aircraft operations. 

• Not fly within 5 miles of an airport unless contact is made with the airport and control 

tower before flying. 

• Not fly near groups of people, stadiums or members ofthe general public. 

• Be conducted using a UAS weighing Jess than 55 lbs. 

• Not fly in a careless or reckless manner. 

• Limit flight to days when weather will not create unnecessary safety risks. 

• Limit flight to remote areas away from the public, and if possible conducted on a 

closed set. 

• Be conducted with the permission of property owner or controller where the flight is 

taking place. 

• Have a predetermined flight plan that all crew members are aware of. 

3 
• Take place 500 feet away from non-participating persons, vessels, vehicles, and 

structures. Non-participating means those persons, vessels, vehicles, and structures 

that are not associated with the UAS photography or videography production. 

• Brief participating persons on the potential risks of the proposed flight operations. 

Participating persons must acknowledge and accept the risks. 

• Utilize a barrier including terrain features, obstructions or buildings for nonparticipating persons in the event the UAS will fly closer than 500 feet to them. 

Pursuant to Exemption No. 111 89 (Video Solutions). 

• Conduct flight at a safe distance from participating persons as to not present an undue 

hazard to the essential person. 

• Be conducted during daylight. 

For safety, the UAS is equipped with preprogrammed and user programmable flight limits. GPS 

coordinates for Restricted Flight Areas including all airports worldwide are preprogrammed into 

the UAS. The UAS will not take off or fly in these restricted areas in either mode of navigation 

and if flown into restricted airspace, will automatically descend and land. 

The UAS is also equipped with user programmable flight limits. The programmable flight limit 

functions allows the UAS pilot to set a ''maximum distance from a home point," (generall y the 

location of the pilot), and a maximum altitude that the UAS will not fly beyond, in Petitioner's 

case, the UAS will be programmed to allow for the distance of required filming, but no further. 

3) Emergency Procedures : Failsafe Mode 

• Pilot Activated or Loss of Communication 

The DJI Phantom 2 Vision Plus is equipped with failsafe mode. Failsafe mode is activated if 

communication between the RC controller is broken or if the pilot activates it. It causes the 

aircraft to climb to a programmable altitude that is set by the operator to avoid obstacles, and fly 

at that altitude to a preset "home point", which will generally be the takeoff location, and land. 

• Loss of Power 

The DJI Phantom 2 Vision Plus is also equipped with failsafe protection in the event the battery 

is running low. The aircraft will monitor the battery level throughout the flight and if the battery 

reaches a level of 30%, the U AS will communicate with the pilot via a flashing red screen and 

alann on the Vision 2 app, which is used on a smart device via WiFi, as well as flashing red 

lights on the aircraft itself. The Vision 2 app is used in conjunction with the RC controller. Once 

the UAS reaches a battery level of 15%, the UAS will enter failsafe mode, return to the home 

point, and land. 

4 
Ill. Regulations- Exemption Requested 

Pursuant to 14 CFR § 11.81(b) and (e), Petitioner seeks exemptions from the below mentioned 

regulations and provides reasons as to why the exemptions should be approved based on the 

level of safety at least equal to what the rule requires. 

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

Certificates 

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

issuance ofairwmthiness ce1tificates as required by 14 C.F.R. § 91.203 (a) (l). 

An exemption from 14 C.F.R. § 21 subpart H meets the requirements of an equivalent level of 

safety under § 11 and§ 333 of The Reform Act considering the UAS's .. size, weight, speed, 

operational capability and proximity to airports and populated areas ... " 

The UAS measures 14 inches tall and 23 inches square. It weighs just 3 lbs., can achieve a 

maximum flight speed of just 30 knots, and a maximum flight time of 25 minutes. It does not 

carry passenger, pilot, or flammable or explosive materials, liquids, or fuels. As stated in the 

Operations Execution section above, the UAS will operate in compliance with the model aircraft 

operation parameters and will be programmed before each flight to only the areas necessary for 

Petitioner's specific job. Further, the UAS is able to respond to a Joss of GPS, controller 

communication, or battery power with a pre-coordinated, predictable, automated flight maneuver 

known as fail safe mode. These safety features provide an equi valent level of safety compared to 

a manned aircraft holding a restricted airworthiness certificate perfonning a similar operation. 

b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133(a)(l)(ii)- Private and 

Commercial Pilot Privileges and Limitations 

14 C.F .R. § 61.1 13 (a) and (b) states that, "(a) . .. 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; nor may that person, for compensation or hire, act as a pilot in command 

of an aircraft (b) A private pilot may, for compensation or hire, act as a pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that 

business or employment (2) The aircraft does not carry passengers or property for compensation 

or hire." 

14 C.F.R. § 61.133 (a) (1) states, ·· . . . A person who holds a commercial pilot certificate may act 

as a pilot in command of an aircraft . . . (ii) For compensation or hire, provided the person is 

qualified in accordance with this part and with the applicable parts of this chapter that apply to 

the operation ... 

5 
§ 61.113 (a) and (b) limits private pilots to non-commercial operations. But, because the UAS 

will not be catTying a pilot or passengers, will operate in the NAS over property which they have 

been granted pennission by the property owner/controller, and the ainnanship skills necessary to 

operate a UAS are not as extensive as those necessary to operate a commercial airliner, an 

equivalent level of safety can be achieved by requiring the pilot operating the UAS to have a 

private pilot's license and a third-class airman medical certificate. Further, the area of operation 

of the UAS will be controlled and restricted and all flights are planned and coordinated in 

advance using the UAS's pre-programmed flight limits. Unlike a conventional commercial 

aircraft with pilot and passengers, a UAS operated by a private pilot exceeds the level of safety 

provided in § 61.113 and§ 61.133. 

Petitioner requests the same relief as was granted in Exemption No. 11172 (Blue-Chip) and 

Exemption No. II 062 (Astraeus). 

c. 14 C.F.R. § 91.7(a)- Civil Aircraft Worthiness 

This regulation states that, '·no person may operate a civil aircraft unless it is in an airwm1hy 

condition." 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist to detem1ine airworthiness. Given the size of the 

aircraft and Petitioner's maintenance standards, an equivalent level of safety will be provided. 

d. 14 C.F.R. § 91.9 (b)(2)- Civil Aircraft Flight Manual in the Aircraft 

This section 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 shape has no ability to place or carry such a flight manual on the 

aircraft. An 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. 

e. 14 C.F.R. § 91.109- Flight instruction 

This section prohibits operation of a civil aircraft, other than a manned free balloon, that is being 

used for flight instruction unless the aircraft has fully functioning dual controls. 

The majority of UAS and remotely piloted aircraft by their design do not have fully functional 

dual controls. Generally, they are developed with a single operational control through the use of 

pre-detennined GPS enabled waypoints programmed before flight in addition to the use of a 

single hand held transmitter or control station controlled by the pilot. This design does not allow 

for dual controls during flight training. 

6 
An equivalent level of safety will be ensured during training operations based on the size and 

speed of the aircraft coupled with the lack of pilots, passengers, and flammable liquids and fuels, 

by utilizing the same flight planning process as nonnal operations. 

f. 14 C.F.R. § 91.119- Minimum Safe Altitudes 

This section establishes safe altitudes for the operation of civil aircraft and states, ·'[ e ]xcept when 

necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: 

... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure."' 

Petitioner will achieve an equivalent level of safety because UAS operation will be conducted 

below 400 feet in accordance with the model aircraft operation parameters. In open areas, the 

UAS will not be operated within 500 feet of any non-essential persons, vehicles, vessels, or 

structures. The UAS may be operated within 500 feet of essential flight personnel when 

operations are necessary, provided operations will not cause an undue hazard to an essential 

person. In areas which are not open areas, the PIC shall make a safety assessment. Ifban·iers or 

structures are present that can sufficiently protect non-essential persons from the UAS or debris 

in the event of an accident, then the UAS may operate closer than 500 feet to persons afforded 

such protection, for so long as the persons remain under such protection. The operator shall 

immediately cease operations in a safe manner when such non-essential persons leave their 

protection and the UAS is within 500 feet. Petitioner may conduct operations closer than 500 feet 

to vessels, vehicles, and structures only when the owner/controller of any such vessels, vehicles, 

or structures grants pennission for the operation and the PIC makes a safety assessment of the 

risk of operating closer to those objects and detennines that it does not present an undue hazard. 

g. 14 C.F.R. § 91.121- Altimeter Settings 

This section states, '·[ e ]ach person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating ... " 

UASs are equipped with GPS which provides altitude and geo-location data, rather than a 

barometric altimeter. An equivalent level of safety will be achieved by utilizing the DJI Phantom 

2 Vision Plus software during flight which allows the PIC to view real time altimeter readings 

via a WiFi signal to a smart device and by the PIC confirming the altitude of the UAS at launch 

and in flight. Further, the DJI Phantom 2 Vision Plus emergency procedures commence landing 

if contact with the pilot is broken. 

7 
h. 14 C.F.R. § 91.15l(a)- Fuel Requirements for Flight in VFR Conditions 

This section states, '·No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming nonnal cruising speed - (1) during the day, to fly for at least 30 

minutes .. :· 

This regulation is written based on the capabilities of traditional aircraft which have flight times 

of several hours or greater. UAS on the other hand, generally only have flight times of an hour or 

less. The DJI Phantom 2 Vision Plus only has a maximum flight time of25 minutes. In order to 

ensure an equivalent level of safety, once the UAS reaches a power level of no less than 20%, 

Petitioner will begin return to home procedures and initiate a landing sequence. 

i. 14 C.F.R. § 91.405(a), § 91.407(a)(l), § 91.409(a)(2) and§ 91.417(a) and (b)-

Maintenance Inspections 

§ 91.405 (a) states, .. Each owner or operator of an aircraft - (a) 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 ... " 

§ 91.407 (a)(l) states, "No person may operate any aircraft that has undergone maintenance, 

preventative maintenance, rebuilding, or alteration unless- (I) it has been approved for return to 

service by a person authorized under § 43.7 of this chapter . .. " 

§ 91.409 (a)(2) states, "Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has had - ... (2) An 

inspection for the issuance of airworthiness certificate in accordance with part 21 ofthis chapter. 

No inspection perfonned under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to perform 

annual inspections and is entered as an .. annual" inspection in the required maintenance records." 

§ 91.41 7 (a) and (b) states, "Except for work performed in accordance with §§ 9 1.411 and 

91.413, each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section ... (b) The owner or operator shall retain the following 

records for the periods prescribed .. . " 

Given that these sections and part 43 only apply to aircraft with an airworthiness certificate, 

these sections will not apply to Petitioner, and therefore an exemption is required. An equivalent 

level of safety can be achieved because the UAS is small, has a 25 minute flight time, and will be 

operated in restricted and controlled areas. Once the UAS reaches a power level of no less than 

20%, Petitioner will begin return to home procedures and a initiate landing sequence. Therefore, 

if mechanical issues do arise, the UAS will land immediately within the controlled operating 

8 
area. Further, an equivalent level of safety is achieved through Petitioner· s maintenance 

standards. Petitioner will routinely conduct pre and post flight inspections and maintenance will 

be performed in accordance with the manufacturer's guidelines and by certified technicians. All 

inspections and maintenance will be documented in house. After maintenance, certified 

teclmicians will verify the UAS is ready for flight. 

IV. Public Interest and Safety 

The Public's best interest is achieved by the safe integration ofUAS into the NAS. With the 

ongoing exemption process, the FAA has to identify those exemption requests with the public's 

best interest in mind and select the companies who will be able to achieve this in a safe and 

responsible manner in order to pave the way for commercial use of UAS. Petitioner is one of 

these companies. 

Petitioner will provide aerial photography and videography utilizing UAS in strict operating 

environments. The use of UAS in this field will benefit the public by encouraging a higher level 

of creative work at a lower cost to clients which will allow these clients to become more 

profitable. The increase in profitability can create a larger customer base for the client, which can 

therefore increase demand of their products, and ultimately lead to more jobs, increased wages, 

and the growth of the overall economy in Petitioner's region. 

Further, the use ofUAS in this field will benefit the public by utilizing a safer aircraft for 

creative purposes. Aerial photography and videography has been limited to manned fixed wing 

aircraft and helicopters. These aircraft can weigh 5000 lbs. or more and are operated by an on 

board pilot, in addition to other onboard crew members, as necessary. In comparison, Petitioner's 

aircraft weighs just 3 lbs. and the pilot and crew will be remotely located from the aircraft. The 

limited weight of the aircraft significantly reduces the potential for harm to persons or damage to 

property in the event of an incident or accident while the risk to on board pilot and crew is 

eliminated. 

Further, ma1med aircraft can carry I 00 gallons or more of fuel and therefore are at risk of fuel 

spillage or fire in the event of an incident or accident. The DJI Phantom 2 Vision Plus carries no 

fuel and therefore the risk of fire following an incident or accident due to fuel spillage is related. 

9 
V. Federal Register Summary 

Pursuant to Section 333 ofthe FAA Modernization and Refonn Act of2012 (The Refonn Act), 

Image Studios Inc. (Petitioner), hereby applies for an exemption from the Federal Aviation 

Regulations (F ARs) to allow commercial operation of unmanned aelial systems (UAS) for aerial 

photography and videography in advertising campaigns within the United States National 

Airspace System (NAS) so long as operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Section 333 of The Refonn Act allows the Secretary of Transportation to determine if certain 

UASs may operate safely in the national airspace based on, "their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line 

of sight. .. " as to not create a hazard to users of the national airspace system or the public, and 

not pose a threat to national security. 

Petitioner has provided commercial photography and videography for advertising, corporate 

publications, catalogs, annual reports, and websites for nearly fifty years. Petitioner continually 

seeks to bling new technology, teclmiques, and creative methods to clients in order to maximize 

the effectiveness of advertisement campaigns. Petitioner has a vested interest in seeing that the 

UAS is operated safely, so as not to tarnish Petitioner's business reputation. In order to continue 

to provide the best in advertising campaigns, in a safe and reasonable way, Petitioner seeks 

regulatory exemptions that will allow Petitioner to employ UAS technology in the photography 

and videography process. 

Regulations from which an exemption is requested: 

a. 14 C.F.R. § 21 Subpart H; 14 C.F.R. § 91.203 (a) (I) - Airworthiness Certificates 

b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133(a)(1)(ii)- Plivate and Commercial Pilot 

Privileges and Limitations 

c. 14 C.F.R. § 91.7(a) - Civil Aircraft Worthiness 

d. 14 C.F.R. § 91.9 (b)(2) - Civil Aircraft Flight Manual 

e. 14 C.F.R. § 91.109 - Flight instruction 

f. 14 C.F.R. § 91.119- Minimum Safe Altitudes 

g. 14 C.F.R. § 91.121- Altimeter Settings 

h. 14 C.F.R. § 91.15l(a) - Fuel Requirements for Flight in VFR Conditions 

1. 14 C.F.R. § 91.405(a), § 91.407(a)(l), § 91.409(a)(2) and§ 91.417(a) and (b) -

Maintenance Inspections 

Through this exemption request, Petitioner has shown that they will ensure the public's best 

interest during UAS operation. The small size, weight, and speed of Petitioner's UAS combined 

with extensive safety precautions ensures that Petitioner will safely operate UASs. Petitioner has 

also shown how approval of this request will meet and/or exceed an equivalent level of safety for 

the exemptions requested. 

10