Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

Dec 28 th , 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue, S.E. West Building Ground Floor, Room W12 - 140 Washington, DC 20590 **Subject:** Petition for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11.81 of the Federal Aviation Regulations **Petitioner:** David F. Toth 3735 Camellia Dr. San Bernardino, CA. 92404 Tel.: 909.648.3372 Email: f erenc@outerrimphoto.co m Website: www. outerrimphoto .com Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11.81, Outer Rim Photo , hereby applies for an exemption from the listed Federal Aviation Re gulations ("FARs") to allow commercial operation of its small, unmanned aircraft, equipped to conduct aerial videography and aerial photography for the commercial real estate and video industry . All operations shall be conducted within and under the condit ions and limitations outlined previously by the FAA as required by

Section 333 and conducted in compliance with the attached operator’s manuals. **1. Sections from which exemptions are sought:** Application is hereb y made for exemption from: a. 14 CFR Part 21, subpart H b. 14 CFR Part 61.113(a) and (b) c. 14 CFT Part 91: i. 91.103(b)(2) ii. 91.105 iii. 91.109 iv. 91.119 v. 91.121 vi. 91.151 vii. 91.405 viii. 91.407 ix. 91.409 x. 91.417Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

**2. Relief sought:** a. Out er Rim Photo wishes to operate sm all Unmanned Aircraft S ys tems ( UAS) for commercial purposes to include photograph y and videograph y . This relief is sought because commercial use of sUAS is currentl y prohibited by law unless performed under an exemption. b. This exe mption will cover use of the following airframes, all of which will weigh less than 55 pounds including payload and energy sources: i . 3DR Solo (see https://store.3drobotics.com/products/SOL O) ii . Other models to be added by future amendment to this exemption. **3. Public benefit:** a. Use of sUA S technology to obtain imagery currently obtained b y use of manned flight or manual methods: i. Reduces statistical risk to human life d ue to manned aircraft accidents. ii. Reduces the cost of obtaining such information, which benefits consumers and the economy. iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft. **4. Safety not adversely affected:** a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part 45, Subpart C. b. Aircraft will comply

with maintenance and inspection requirements of the manufacturer. All repair and maintenance work will be conducted or approved b y qual ified personnel such as those authorized by 3DR (or equivalent), and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each aircraft. c. All flight operations will be conducted b y at least two individuals (PI C and observer) who will maintain verbal communication capability with each other at all times during the flight, and who will remain stationary

on the ground during the flight operations: i. A Pilot In Command (PI C) who possess the following credentials:Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

. 3. A bi - annual flight review under 14 CFR 61.56 4. Successful completion of a UAS knowledge test in a specified form. 5. At least 200 cycles and 25 hours of flight experie nce in a UAS rotorcraft (or UAS fixed - wing in the case of fixed - wing flight operations under this exemption). Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with 14 CFR 91 .119. 6. At least 5 hours of flight experience and 3 takeoffs and landings in make and model being flown in the prior 90 days. Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with 14 CFR 91.119. ii. A Visual Observer. iii. A Sensor Operator as necessary . d. All flight operations will be conducted in accordance with valid Certificates of Authorization. e. All flight operations will comply with the following: i. The manufacturers’ user manuals. ii. Outer Rim Photo Flight Operations and Procedures Manual (FOPM) and Aircraft Flight Manuals (AFM) which include lost communication and other emergency and safety procedures. iii. Conducted in VMC conditions during daylight hours. iv. PI C and VO will maintain VLOS at all times. v . Pre - flight inspections (including ground control station, if any) and safet y risk assessments will be conducted prior to each flight. vi. Flight altitudes will remain below 4 00 feet a bove ground level. vii. Flight ground speeds will not exceed 50 knots. viii. Not intrude into Class B, C or D airspace, or published approach, SID or STAR, or take place within 5 nautical miles of an airport. ix. Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground without their prior permission. x. Each flight will be logged in both the PIC’s logbook and the aircraft logbook.Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 minutes, whi chever occurs first. xii. Any incidents will be reported within 24 hours of occurrence. xiii. Outer Rim Photo will maintain liability insurance of at least $1,000,000 issued by a major aviation insurance underwriter. xiv. Any applicable local FSDO requirements. xv. All other applicable regulations concerned with the operation of aircraft. f. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well defined and tested lost link procedur es. Please let us know if you have an y additional questions or advise us of an y additional information or changes that may be required. Sincerel y, David F. Toth 3735 Camellia Dr. San Bernardino, CA. 92404 Tel.: 909.648.3372Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition 

# Appendix A 3DR SOLO Product ImageOuter Rim Photo - San Be rnardino, CA - Section 333 Exemp tion PetitionOuter Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition 

# Appendix B Outer Rim Photo UAV Protocols and ControlsOuter Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

**Protocols and Controls** Aerial Photograph y and Videos Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography . As such, safet y protocols and controls must be implemented through pre - flight preparation and during flight. Pre - Flight Protocol: • Check batteries with voltage meter to insure fully charged and r eady for use. • Inspect batteries for damage or leakage that may affect proper operation. • Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or unmanageable/uncontrolled flight. • Check weather forecasts for wind advisory or other conditio ns that my impact flight. • Consult five (5) mile radius map for airport vicinity . • Contact respective airport to advise of estimated flight time, estimated flight duration , estimated elevation of flight, and any other pertine nt information. • In spect flight area for • Vicinity of p ublic safety helipads/heliports • Vicinity of medical helipads/heliports • Vicinity of light poles • Vicinity or utility

wires • Vicinity of trees • flocks of birds that may cause interference and potential flight impact! • Vicinity of an y elevated obstructions that may pose potential flight hazard! • Vicinity of roadway s with moderate to heavy traffic that can be distracted! • Public gatherings that may attract viewers! • Optional point of control for best visual sit e of UAS while in flight! • Takeoff and landing! • Inspect area for best and safest point of takeoff and landing! • If in a subdivision or area that is within 150 feet of a residential street, post warning sign(s)/stand(s) "Attention Aerial Photograph y In Progress - Remain Back 150 Feet “ Flight Protocol: • T akeoff and land from same location! • R emain alert to birds, sound or aircraft, curious public, and approaching vehicles! • D o not allow an yone to engage in conversation or distract the remote control pilot! • R estrict flight to minimal elevation sufficient to acquire desired results! • R emained prepared for emergency landing at all times! • P ay attention to flight time! • I f possibl e set a timer as a safety al ert • L and UAS and shut down propulsion immediately following landing .Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

Post Flight: a. disconnect battery

to prevent accidental activation of propulsion sy stem b. secure UAS in a safe location! c. remove all warning signs from public access areas Emergency

or Suspected Hazard: • Immediate lan d UAS at safest and closet ground location in the event! • Manned aircraft is heard or seen in vicinity of flight • There is a public gathering within established safety boundary

wanting to observe flight • Pilot is being distracted fro m focusing on flight and safety • Sudden change in weather (wind bursts) • Sudden increase in vehicular traffic in vici nity of flight • Birds enter into proximity of flight • Any sudden unsafe event that can cause collision, distraction or interruption of ControlOuter Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition 

# Appendix C Outer Rim Photo Safety/Flight ManualOuter Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

**Safety Flight Manual**  Aerial Photography and Video Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography. Maintaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative. Date : _ ___________________ Location : _

______ _______________________________ Pre - flight Inspection: ___ Yes ___No Comment: _

______________________________ Elements (Circle) (Circle) Comment We ather Good Fair Visibility Good Fair Wi nd Speed Low Medium Proximity to airport: _________________ (see attached map pin pointing approximate location of flight)! Airport notified: ___ Yes __ No Date : _ ______________ Time: __________

____ Phone Number: ___________________ Contact Name: ________________________ Nearest major intersection: ________________

_______________________________ Proximity to medium traffic road: ___

_________

_______________________________ Proximity to heavily traveled roadway road: ___

_______________________________ Proximity to congested population: ___________

______________________________ Approx. Takeoff Time Approx. Landing Time Estimated Elevation Safety Concerns:Outer Rim Photo - San Be rnardino, CA - Section 333 Exemp tion Petition

Additional Comments: