417 Drone Imaging LLC

William J. Preston 2912 West Garton Road Ozark, MO 65721 (417) 300

- 4354 prestonaviation@gmail.com
Date: April 29, 2015 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
RE: Petition of 417 Drone Imaging , LLC for Exemption Pursuant to Section 333 of the FAA Reform Act Attn: To whom it may

concern Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, 417 Drone Ima ging , LLC , operator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped to conduct aerial photography and videography , Aerial Surveying, Closed set Video production, training, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required b y Section 333.1
As described more full y below, the requested exemption would permit the operation of small, unmanned and relativel y inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 417 Drone Imaging , LLC t o conduct commercial operations of small unmanned aircraft s ys tems (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2

. 417 Drone Im aging LLC asks that if any part of this request is de emed not in compliance, that part be removed and process the remaining of this request as applicable. 417 Drone Imaging , LLC is a media/technology company owned and run by William Preston. Mr. Preston has a Commercial Instrument Rotorcraft Certificate. H e has extensive experience low level rotorcraft aviation and the unique risks and problems associated. He has nearl y 8 ye ars flying part 135 operations and 5 ye ars as Chief Pilot of part 135 operations. His total time is nearl y 4,500 hrs . Also, Mr. Preston has been active in Radio C ontrolled Aircraft for over 30 years with experience in fixed wing and rotary wing aircraft.417 Drone Imaging , LLC plans to exploit the capabilities of Unmanned Aerial Sy stems to offer a

multitude of services, including:

- Aerial surveying

- Event Photograph y/Videograph y day /night

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photograph y day /night

- Construction site inspections and monitoring

- Closed set video production day /night Statutory Authorit y Section 333, titled “Special Rules for Certain Unmanned Aircraft Sy stems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmann ed aircraft sy stems may

operate safely

in the national airspace sy stem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required b y section 334 of this Act.” In Section 332(b)(1), Congre ss made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C .F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) & (c) 14 C.F.R 91.209 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417) Unmanned Aircraft Sy stem sUA S s are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safet y. We are petitioning for exemption to enable 417 Drone Imaging , LLC to operate a DJ I Inspire 1 , DJIS900, DJ I Phantom 2, equipped with a two

- axis camera gimb al and using a High

- Def camera. This sUA S has a built

- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator

. They also has the failsafe function of the autopilot sy stem which means when th e communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to thecenter position. If the GPS signal is good enough, the sy stem will automatically trigger Return to Home and wi ll land safely

. Please refer to the included Instruction Manual s for the performance limitations and flight operations.
Aircraft Gross weight s are less than 16 4 oz. with battery and the 2 Axis Camera Gimb al and Camera
A Pre

- flight inspection will be performed b y the PIC in accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has an y nicks and cracks with a manufacturers authorized propeller.
The sUA S will be maintai ned in accordance with the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used.

**FCC Information** This transmitter s used for controlling the sUA S 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 device must accept any interference received, including interference that may cause undesired op eration. The radio transmitter s used for controlling the sUA S is wireless technology which has been t ested and found to be compliant with the applicable regulations governing a radio transmitter s in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitter s , the PI C will maintain a separation distance of at least 5 cm between his body

(excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF exposure safet y requirements as determined b y FCC r egulations. **Pilot in Command and Observer Qualifications and Duties**  The PI C will maintain at least a Sport Pilot Certificate and a current Class III medical certificate or drivers license , plus at least 1 hours fl yi ng time and 3 takeoffs and landings within the previous 9 0 day s in the ty pe of UA S utilized in operations. The PI C will have at least 100 hours total time and at least 30 hours fl yi ng Radio Controlled Mo del Aircraft of which will be 5 hours flying sUA S 's. Training will be conduct ed at a local Controlled Access flying field. 417 Drone Imaging has the ability to provid e "dual controls" utilizing two transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PI C instructor, utilizing the master transmitter, will be at all times be able assume control of the sUA S

.The PI C is responsible for the safe and efficient operation of the aircraft. Specific duties include

all preflight preparation, in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and propert y Airfield Suitability The Observer must have the visual acuity to observe the sUAV and be able to communicate clearl y with the PIC. The Observers duties are; warning the PIC of an y i mp ending obstacles in the flight path of the sUA S

. warning the PIC of an y deviations in the planned flight path of the sUA S

. warning the PIC should any unauthorized personnel appear in the area of the planned flight. The Observer will have the authority to o rder the PI C to terminate the flight should he feel the flight cannot be conducted safel y.

**General Operating Standards**

• 417 Drone Imaging , LLC will only operate its sUA S in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace s ys tem or the public."

• Before an operation of a sUAV within 5NM of an airport with a control tower, the control tower wi ll be called to gain permission to operate the sUA S . The PI C will give the position , altitude and the times the sUAV will be operated. The sUA S will not be operated at an altitude of over 150 feet AGL. Weather min imums will be 3 miles visibility and a 1000 foot ceiling. Before an operation of a sUA S within 5NM of a non - tower controlled , airport operators will be notified and the PI C will give the right of way to avoid flying in the proximity of full

- scale aircraf t. At no time will the sUAV be operated within the final approach course and the takeoff course of an y runway . The sUAV will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.
• Maximum flight time for each operational flight will be 30 minutes. • Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. • The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL

. • Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.• The sUAV operated b y the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, lens, and gimbals ). • The sUAV will operate at speeds of no more than 30 knots, can hover, and can simultaneously move verticall y and horizontally

. • Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUAV operations a dhere to the Reform Act's safet y requirements.
The UA S , powered b y batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereb y reduce current risk levels and thereb y enhance safet y and diminish the likelihood of death or serious bodil y injury . With a small payload and maximum flight time of only 20 minutes, this is 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 trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many

potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit man y bu ye rs and sellers of real property as well a s mitigating risk by not carrying personnel for night operations. The applicant is currently employed as an EMS pilot and has a history of 10+ years of fire/EMS/Rescue experience so Additionally , we request that we be allowed to use our sy stem to benefit first responders nearb y who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so. (a) No flight will be made with a Gross weight exceeding 55 pounds ; (b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be abl e to communicate b y voice at all times during a flight operation; (d) Operations will be re stricted to flights over property with the permission of the propert y owner or their designated representative ; (e) All required permits will be obtained from state and local government prior to operation;**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**

417 Drone Imaging , LLC requests an exemption from the following regulations as well as an y additional regulations that may technicall y appl y t o the operation of the sUAV Sy stem: **14 CFR Part 21, Airworthiness Certificates** This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the Blade DJ I Inspire, DJ I Phantom 2, Parrot Drone AR 2.0 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purpo ses: **(a) Research and development** 

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing compliance with regulations** 

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of t ype and supplemental ty pe certificates, flights to substantiate major design changes, and flights to show compliance with the funct ion and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew training, we would expect that an experimental certificate would per mit our commercial purpose as well. The aircraft will not carry persons or propert y, will not carry fuel, and will only fl y under strict operational requirements. Combined with the UA's light weight, being constructed primaril y of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. I f an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 1 4 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous paragraph. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** 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 pil ot station. The sUAV 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 safet y b y including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PI C (Pilot In 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 perm anent placard discussed in the previous paragraph will provide the aircraft'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 St ation" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 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 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133** 

**Commercial pilot privileges and limitations.** The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subpara graph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for co mpensation or hire. Our proposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even thou gh the intent of this application is to conduct a business. **14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate** . As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inappli cable. **14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements**

. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station any time the aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests** The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conduct ed at a local Limited Access flyingfield. 417 Drone Imaging has the ability to provide "dual controls" utilizing two transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume control of the sUAV.
**91.119 Minimum safe altitudes** : General. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over propert y or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or propert y on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structure s is minimal compared to manned aircraft, which should be considered in granting the exemption.**CFR 91.121 Altimeter settings**

.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will alway s fl y below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via ra dio from the sUAS on

- board computer to the display screen held by the PI C, providing a constantl y updated AGL readout. **14 CFR 91.151 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 fuel to fl y to the first point of intended landing and to fl y after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safet y buffer for delays to landin g. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly

more than 3 /4 NM from the point of intended landing, a full battery charge at launch will en sure 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 CFR 91.203(a) & (b) Civil aircraft: Certifications required**

. 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 ca bin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.1 p ounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carryi ng passengers or crew. To obtain an equivale nt level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.
**14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements**  This regulation provides a minimum set of instruments and equipment required for day and night VFR flight. Due to the small size of the sUAS it would be impossible to carry man y of these instrument s. 91.205 (b ) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller

. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the m aximum required by

this exemption and has no effect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known E LT. 91.205 (c) Much of this equipment is too he avy

to be carried by

the sUAS. In order to meet the safety requirements for night flight we propose the sUAS will at all times display lighting on all 4 corners of the vehicle and a flashing LED light on top t o adequatel y illuminate it for safety reasons.**14 CFR 91.209 Aircraft Lights**

This regulation outlines certain light configurations required to be displayed on aircraft for night time visibility

reasons. Due to fixed lighting configuration of our sUAS it is impossible to meet these lighting requirements as described here and further defined in the FAR AIM. The sUAS is outfitted with lighting on all 4 corners of the vehicle and a flashing LED on top of the aircraft and we feel this is adequate to pro vi de illumination . Night time low level operations are a vital part of the photo/video industry as well as the motion p icture industry . Night time operation s constitute a significant risk to aircraft carrying personnel . By eliminating the need for onboard pe rsonnel we will eliminate most of this risk Due to the stability of flight we feel that the sUAS is a much safer option for these operations. We will verify before each flight that all 4 corner indicators are working properly . For night time operations the PI C will also monitor 123.025, helicopter air to air frequency , to assure there is yet an additional level of situational awareness and safet y. **14 CFR Subpart E (91.401**

**- 91.417)** 

**- Maintenance, Preventive Maintenance, Alterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service b y a person authorized un der 43.7" after maintenance and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PI C will ensure that the aircraft is in an airworthy cond ition prior to every

flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed b y the PI C is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software an d firmware for the on

- board computer. All other maintenance will be performed b y the manufacturer or their des ignated repair facility

. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of saf et y. **Safety and Benefits of the UAS** 417 Drone Imaging , LLC will be using the UAS in a variety of applications that generall y require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer my riad benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly

larger manned aircraft carrying crew and flammable fuel with small UAS carryi ng no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting 417 Drone Imaging , LLC ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. 417 Drone Imaging , LLC is committed to promoting the UAS research efforts of policy makers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resour ce for future UAS research operations. Thus, the FAA has good cause to grant this Petition.
**Conclusion** As pointed out in this application, all the SUAs which our compan y would use, under authorization by

the US DOT

- FAA, are small, light

- weight devices operated within the line of sight of the Pilot

- in

- Command (PI C), less than 400 feet above the ground and outside 5 miles from an y airport, heliport, seaplane base, spaceport, or other location with aviati on activities,unless the air traffic control authorities (ATC) have been notified and have authorized each flight

within a radius of this distance. All our SUAs have proven capability for controlled flight. They are devices offered for general sale on th e 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 SUAs such as ours. For the foregoing reasons, the exemptions requested herein should be granted and 417 Drone Imaging LLC should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed neces sary 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 process so that some SUAs may be used for legitimate commercial activities and under reaso nabl y safe conditions. If an y individual aspect of this request for exemption be unacceptable we ask that it be struck alone and the remainder of the exemption be allowed as requested. Signed William J. Preston 417 Drone Imaging