March2,2015U.S.DepartmentofTransportation,DocketOperationsWestBuildingGroundFloor,RoomW12-1401200NewJerseyAvenue,SEWashington,DC20590Re:ExemptionRequestunderSection333oftheFAAReformActandPart11oftheFederalAviationRegulationsfromcertainpartsoftheFARs.DearSirorMadame,PursuanttoSection333oftheFAAModernizationandReformActof2012(theReformAct)and14C.F.R.Part11,JasonHoffman,photographer,herebyappliesforanexemptionfromthelistedFederalAviationRegulations("FARs")toallowhimtooperateasmallUnmannedAircraftSystem("UAS")undertheconditionsandlimitationssetforthinthisPetition.Theproposedexemptions,ifgranted,wouldallowPetitionertooperatesmall,camera-mountedunmannedaircraftsystems("UAS")weighing55poundsorlessforthepurposeofaerialfilmingofmotionpictures,musicvideos,webvideos,corporatevideos,televisionprogramsandcommercials,andstillphotography.Therequestedexemptionwouldpermittheoperationofsmall,unmannedandrelativelyinexpensivesUASundercontrolledconditionsinairspacethatis(1)limited,(2)predetermined,and(3)wouldprovidesafetyenhancementstothealreadysafephotographyoperationspresentlyusingmannedhelicoptersandairplanesinNashville.ApprovalofthisexemptionwouldtherebyenhancesafetyandfulfilltheFAAAdministrator'sresponsibilitiesto"...establishrequirementsforthesafeoperationofsuchaircraftsystemsinthenationalairspacesystem."Section333(c)oftheReformAct."Thenameandaddressoftheapplicantis:JasonHoffmanP.O.Box330526Nashville,TN37203Regulationsfromwhichtheexemptionisrequested:14CFRPart2114C.F.R.§45.23(b)14CFR§61.314C.F.R.§91.7(a)14CFR§91.9(b)(2)14C.F.R.§91.10314C.F.R.§91.10914C.F.R.§91.11914C.F.R.§91.12114CFR§91.151(a)14CFR§91.203(a)&(b)14CFR§91.205(b)14CFR§91.21514CFR§91.405(a)14CFR§407(a) (1)14CFR§409(a) (2)14CFR§417(a)&(b)TheAppendixdescribestheFARsfromwhichanexemptionisrequestedandsummarizesthejustificationforeachrequestedexemption.ThePetitionissubmittedtofulfillCongress'goalunderSection333(a)through(c)oftheReformAct,whichdirectstheSecretaryofTransportationtoconsiderwhethercertainunmannedaircraftsystemsmayoperatesafelyinthenationalairspacesystem(NAS)beforecompletionoftherulemakingrequiredunderSection332oftheReformAct.Inmakingthisdetermination,theAdministratormustdeterminewhichtypesofUASsdonotcreateahazardtousersoftheNASorthepublicorposeathreattonationalsecurityinlightofthefollowing:•TheUAS'ssize,weight,speed,andoperationalcapability;•OperationoftheUASincloseproximitytoairportsandpopulatedareas;and•OperationoftheUASwithinvisuallineofsightoftheoperatorReformAct§333(a).IftheAdministratordeterminesthatsuchvehicles"mayoperatesafelyinthenationalairspacesystem,theSecretaryshallestablishrequirementsforthesafeoperationofsuchaircraftinthenationalairspacesystem."ld.§333(c)(emphasisadded).TheSecretaryhasdelegatedhisaviationauthoritytotheAdministratoroftheFAA.TheFederalAviationActexpresslygrantstheFAAtheauthoritytograntexemptionsfromitsregulatoryrequirementsforcivilaircraft,atermdefinedunder§40101oftheAct,whichincludessUASs.TheAdministratormaygrantanexemptionfromarequirementofaregulationprescribedundersubsection(a)or(b)ofthissectionoranysections44702-44716oftheFederalAviationActifAdministratorfindstheexemptioninthepublicinterest.49U.S.C.§44701(f)Seealso49USC§44711(a);49USC§44704;14CFR§91.203(a)(1).Thepetitionerhasoverfifteenyearsofexperienceasadigitalphotographer,bothasaprofessionandhobby,andhasbeenahelicopterandairplaneRCenthusiastwithoutincidentforovertwelveyears.ThewideavailabilityofsmallUnmannedAircraftSystems,alsoknownas"microdrones,"capableofcarryinghigh-quality video cameras
and priced

at affordable levels attracted

the petitioner

. His entire involvement

with photography

has involved exploring
new technologies

and adapting them

to capture better quality imagery. Petitioner currently

has practiced flying various UAS models under

50 pounds, under

35 miles per hour, under 400 feet, for total
of sixty hours over remote areas
of the Nashville metropolitan

area, over remote locations

in East Tennessee,

and

in the Smokey Mountains,

in Tennessee

for recreational purposes, exploring

the potential
and the limitations

of its video subsystem. He
is pleased with the quality

of the still and video imagery captured
and overall safe maneuverability and controlled operation

of the various UASs he's flown

. Currently,

a number

of people, some professional colleagues

and potential future clients, have been made aware

of Petitioner's accomplishments

and have seen the results and are requesting Petitioner

to undertake additional microdrone photography

for compensation

. He has been advised that this

is not now permitted unless

he obtains special permission
from the FAA. Many competitors

of Petitioner

are actively flying sUAS
to conduct aerial photography

for commercial purposes, notwithstanding

the FAA's stated prohibition.

He also notes and has read the congressional mandate

in sections
332 and 333 of the FAA Revitalization

and Reform
Act of 2012 that the FAA move quickly

to accommodate

the economic

and societal benefits that can result from widespread deployment

of sUAS technology. Accordingly, Petitioner applies
for authorization
under the Federal Aviation
Act, and the FARs rules
to undertake

the following activities

for commercial purposes. Unless the Petition

is granted, Petitioner

will be at a significant competitive dis-advantage

if he, as he prefers, complies with FAA policy. Vehicle The Petitioner

will fly various small, camera-mounted unmanned aircraft systems ("UAS") weighing

55 pounds

or less,
at a speed

no greater than
50 knots

. This vehicle
has built

in capability

to limit the height it flies above the ground,

to limit the radius

of the distance

it flies from the operator,

and to exclude

it from class

B, C, and

D airspace.
The vehicle also has the built-in capability

to return

to the launching point

if the wireless control
link

is interrupted

or if the operator attempts

to exceed any of the height, radius,

or airspace limitations programmed

into

it

. The vehicle weighs about five pounds empty and has

a maximum gross weight

of approximately twenty pounds.

It has

a top speed

of about

30 knots, carry neither

a pilot nor passenger, carry
no explosive materials

or flammable liquids, and operate exclusively within

a predetermined

area.

It has four fixed pitch rotors, thrust from which

is varied

by changing
RPM

. It is powered

by
a lithium polymer battery. Flight Profile The petitioner

will not fly UAS above 400 feet above ground level,
or more than 1500 feet away from him

. He will carefully preflight check the vehicle before each mission

to assure that
its navigation system are properly calibrated

and that any included return-to-home features, altitude,
and radius limitations work

. He will operate
the vehicle
for aerial photography missions only

in the early morning hours and other times when few people
are out

in the public.

He will operate

it only over largely unpopulated
areas where the potential

of uncontrolled descent

to cause injury

or damage

is lowest.He will not operate

it in controlled airspace whatsoever, without express written consent from the FAA. In the unlikely event that

a manned aircraft flies below 400 feet AGL where the petitioners operating

his Phantom,

he will keep both the vehicle and manned aircraft

in sight and avoid the manned aircraft. More particularly,

the Petitioner

will fly UASs only over the following types

of areas

in Metropolitan Nashville: • Over Lakes and various waterways

of Nashville
and the state
of Tennessee, outward ofthe shoreline • Over open water

in marinas, anchorages,

and rivers amongst
and surrounding

the city of Nashville • Over lines
of railroad
and rail classification
yards • Over metropolitan Nashville parks • Over nonresidential

and noncommercial large-scale industrial areas • Over private property when

he has been commissioned

by the person

in legal possession

of the property

to do so • Over public

or private events petitioner

is hired

as photographer. The Petitioner's proposed operations satisfy the criteria provided

in Section 333 of the Reform
Act relating

to size, weight, speed, operating capabilities, proximity

to airports
and populated areas and operation within visual line of sight and national security.
The Petition justifies grant

of the requested exemptions allow the Petitioner

to obtain aerial photography

with his microdrone. Respectfully submitted, 14 CFR

§ 45.23{b) 14 CFR Part 21 14 CFR

§ 61.3 14 CFR

§ 91.7 {a) APPENDIX Requirement

to display registration number

on vehicle Aircraft certification requirements

and procedures Requirement

for pilot certificate Airworthiness requirement Insufficient space
on vehicle Designed

for manned aircraft; not suitable

for off-the-shelf sUAS Part 61 requirements designed for manned aircraft,
not sUAS; petition describes training

for sUAS

o erator Designed

for manned aircraft; not suitable

for off-the-shelf sUAS14 CFR

§ 91

. 9 (b) (2) Requirement

for manual

to be
No one aboard

to read manual available

in the cockpit 14 CFR

§ 91.103(b) Requirement

for crew Unmanned vehicle members

to be onboard 14 CFR

§ 91.109 Requirement

for dual controls

No one aboard

to operate during flight instruction
controls 14 CFR

§ 91.119
Minimum altitudes

for safe Safety requires operation flight

below these altitudes 14 CFR

§ 91.121
Altimeter settings

No one aboard

to read altimeter 14 CFR

§ 91.203

(a) & (b) Requirement

for registration

No one aboard

to read and airworthiness certificates certificates to be onboard 14 CFR

§ 91

. 205{b)

Cockpit instruments

No one aboard

to read **::~:·** r..- **-~~·l4~~·:.:tHR•i l~1i~12:1'2~~:** 
**~li1:1!1**

**i~: ~_;i~:;:?c!** 

( **~"'l~L.;,,**

I 'liTil.'1

u

I II

[
·:m;o **~,~¢7i-;-**

.. **·:t:c3~~J;** 14 CFR

§ 91.215 Transponder requirement

Vehicle
has insufficient useful load; will be operated below ATC radar coverage 14 CFR

§ 91.405

(a) Inspection requirements
Designed

for manned aircraft

; not suitable

for off-the

- shelf sUAS 14 CFR

§ 91.407{a)

{1) Inspection approval
Designed

for manned aircraft; requirements

not suitable

for off

- the-shelf sUAS 14 CFR

§ 91.409

(a) {2) Airworthiness

i nspection Designed

for manned aircraft; not suitable

for off-the-shelf sUAS 14 CFR

§ 91.417

(a) & {b) Maintenance records Designed

for manned aircraft; requirements

not suitable

for off-the-shelf sUAS