Page 11 

August 18, 2015 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

Docket Management System 

1200 New Jersey Ave., SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Dear Sir or Madam: 

Attached please find Sellers Photo (Sellers Photo) request, as a member of the Professional 

Aerial Photographers Association, International (PAPA), for an exemption from the listed 

Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft 

Systems ("sUAS") for aerial imaging to include video and still photography. This exemption 

request is initially for the use of the Phantom 3 Pro sUAS manufactured by DJI, an established 

sUAS company and in accordance with the sUAS training and certification program as 

administered by PAPA. 

Also attached to this letter is the equipment "Sellers Photo Flight Manual" (Manual), which 

outlines the operating requirements, limitations, and technical specifications for the DJI System 

as used by Sellers Photo. Sellers Photo has reviewed this Manual and has found it to be 

acceptable for sUAS operations. Applicant submits this manual as a Confidential document 

under 14 CFR 11.35 (b) as the entire Manual contains proprietary information that the applicant 

has not and will not share with others. The Manual contains operating conditions and procedures 

that are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et. seq. 

Thank you for your time and consideration, and please let me know if you have any questions. 

Sincerely, 

~ 

James M. Sellers 

Sellers Photo 

Corporate Officer 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
Page 12 

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July 24, 2015 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

Docket Management System 

1200 New Jersey Ave., SE 

Room W 12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR 61.113 (a) &(b); 91.103(b); 91.119;91.121; 9.151(a); 91.405 (a) (1); 

91.409 (a) (2); 91.417 (a) & (b). 

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, Sellers Photo (Sellers Photo), an aerial photography and digital imaging 

company, on behalf of itself and its related affiliates under common ownership and control, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for 

video and still photography, so long as such operations are conducted within and under the 

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

As detailed in this document and the attached Flight Manual, the requested exemption would 

permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the 

already best practices safety protocols followed by Sellers Photo during aerial photography 

operations in accordance with the training and certification provided by the Professional Aerial 

Photographers Association, International (PAPA). Sellers Photo is a member of the Professional 

Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe 

operations in the National Airspace System (NAS). Principal employees have received ground 

school training and have logged well over 25 hours of sUAS flight operations. The Pilot In 

Command (PIC) proposed by Sellers Photo is an FAA licensed pilot with years of safe and 

successful aerial photography operations. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to 

"...establish requirements for the safe operation of such aircraft systems in the National Airspace 

System." Section 3 3 3 (c) of the Reform Act. 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
Pa g e 13 

The name and address of the applicant is: 

Sellers Photo 

124 Steeplechurch Court 

Huntsville, AL 35806 

PIC-James M. Sellers, FAA Licensed Pilot 

PH: 256-682-6734 

Email: martyna,sellersphoto.com 

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) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 109 

14 C.F.R. 119 

14 C.F.R.121 

14 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b) 

I. STATUTORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider: 

• The sUAS's size, weight, speed, and operational capability; 

• Whether the sUAS operates within the visual line of sight of the operator 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
1'a1;e 14 

• Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports 

Reforrn Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system." Id. §333(c) 

Sellers Photo' sUAS are multirotor vehicles, weighing 20 or fewer Ibs. including payload. They 

operate under normal conditions at a speed of no more than 70 knots and have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only 

in the Pilot's visual line of sight at all times and will operate only within the controlled "Area of 

Operations" described in the Confidential Sellers Photo Flight Manual (Manual), attached as 

Exhibit 1(hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a 

hazard to users of the National Airspace System or the public." Reform Act Section 333 (b). 

Given the small size of the sUAS involved and the restricted and controlled environment within 

which they will operate, our application falls squarely within the zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of sUAS to commence immediately. Also, due to the small size of the 

sUAS, altitudes, and controlled areas in which the sUAS will operate, approval of the application 

presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly, Sellers Photo respectfully requests 

that the FAA grant the requested exemption without delay. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircrafft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant 

safety precautions in low risk environments. 

The use of sUAS on aerial photography operations can significantly reduce the risk to 

photographers and participants. sUAS can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require direct access or manned aircraft. 

Additionally, sUAS could replace the use of helicopters and small aircraft to produce imagery 

for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, 

and carry no combustible material on board, as opposed to the much larger conventionally 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
F'a, ge 1 5 

powered small aircraft. Shifting to sUAS from manned aircraft presents a marked safety increase 

for our workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection. The sUAS used by Sellers Photo use rechargeable lithium ion 

batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds 

of times heavier. 

III. EQUIVALENT LEVEL OF SAFETY AND SECURITY 

Sellers Photo proposes that the exemption requested herein apply to sUAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

protocols followed on imaging and photography operations conducted with conventional aircraft. 

Sellers Photo will be bound by the following limitations when conducting its sUAS operations 

under an FAA issued exemption: 

1. The sUAS will be less than 20 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 20 minutes. The operator 

calculates battery reserve, and will return the sUAS to the "Designated Safety Zone" with at 

least 20% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will normally be operated at an altitude of not more than 400 feet AGL, but never in 

controlled airspace without prior coordination and approval of ATC. 

5. Flights will not be conducted within the surface area of controlled airport airspace without 

prior coordination and approval of ATC. 

6. Flights will not be conducted within 5 miles of any uncontrolled airport without prior 

coordination and approval of the airport authority. 

7. Crew for each operation will consist of the sUAS Operator who will keep the sUAS within 

his visual line of sight at all times and a qualifled Observer. 

8. The sUAS operator will be trained in flight, operations, and safety procedures as detailed in 

the Flight Manual. 

9. The sUAS will only operate within a confined "Area of Operations" as defined in the Manual, 

including but not limited to evaluation of the airspace by reference to a current 1:500,000 

scale FAA Sectional Aeronautical Chart. The Manual also requires the establishment of a 

"Designated Safety Zone" for the flight operations area. 

10.A briefing will be conducted regarding the planned sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the Designated Safety Zone be present for this briefing. 

11.All onsite personnel will consent to the UAS flyover on site by waiver, and the Operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet 

of the flight operation. 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
Pa g e 16 

12.Operator will have been trained in operation of UAS generally and will have received up-todate information on the particular sUAS to be operated as required by the Sellers Photo 

Manual. 

13.Necessary written and/or oral permission from the relevant property holders will be obtained. 

14.All required permissions and permits will be obtained from territorial, state, country, or city 

jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 

15.If the sUAS loses communications or loses its GPS signal, it will have the capability to enter 

"loiter mode" and hover, reestablish satellite connection, and return to a predetermined 

location within the "Designated Safety Zone" and land. 

16. Sellers Photo personnel will be easily identified by law enforcement personnel and the Public 

through wearing a green fluorescent or blaze orange vest with Section 333 Grant and PAPA 

credentials prominently displayed within a weatherproof container on the persons back. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR 61.113 (a) &(b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113 (a) &(b) limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Operator operating the aircraft to have completed a 

sUAS flight training course of 25 hours before flying a sUAS (See the Sellers Photo Manual for 

details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraft that 

carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on 

board. The area of operation is controlled and restricted per prior planning and necessary 

coordination with the local FSDO if applicable, and all flights are planned and coordinated in 

advance as set forth in the Sellers Photo Manual. 

The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a controlled Area of Operation as set out in the Sellers Photo Manual. Like other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by the Operator, 

pursuant to the Sellers Photo Manual requirements, and under the requirements and in 

compliance with local public safety requirements, to provide security for the Area of Operation 

as is currently done on aerial photography operations. The FAA will have advance notice of all 

operations as required. 

The risks associated with the operation of the sUAS are therefore diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, and allowing 

operations of the sUAS as requested, with an operator who has met the minimum requirements 

stated in the Sellers Photo Manual, achieves the level of safety contemplated by 14 C.F.R. 

§61.113 (a) & (b). 

14 C.F.R. 91.103: Preflight Action 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
Pa g e 17 

This regulation requires that each Operator in Command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take 

separate preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the Preflight 

Checklist in the Sellers Photo Manual. These actions will provide an equivalent level of safety. 

14 C.F. R. 91.119: Minimum/ Maximum Safe Altitudes 

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

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. This 

exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and 

vertical landing, which will typically operate at altitudes of less than 400 AGL, so an exemption 

may be needed to allow such operations. The sUAS will never operate at altitudes higher than 

the base of controlled airspace without prior approval and coordination with ATC and will be in 

a Controlled Area with a"Designated Safety Zone", where buildings and people will not be 

exposed to operations without the specified pre-obtained consent. (See Sellers Photo Manual for 

detailed procedures.) 

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

as the location where it is operated. No flight will be taken without the required permission of the 

property owner or local officials. Because of the advance notice to the property owner and any 

onsite personnel, as outlined in the Sellers Photo Manual, all affected individuals will be aware 

of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far 

more than the maximum 20 lbs. proposed herein, our sUAS will not carry flammable fuel. In 

addition, the low-altitude operations of the sUAS will ensure separation between sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings 

This regulation requires each person operating an aircrafft 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 sUAS 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 Sellers Photo Manual and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in controlled environments as outlined in the Sellers Photo Manual, 

and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a) 

The battery powering the sUAS provides approximately 20 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would necessarily be 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
I'a ge 18 

impossible to conduct. Given the lirnitations on the sUAS's proposed flight area and the location 

of its proposed operations within a predetermined area, a shorter time frame (less than 30 

minutes) for flight in daylight or night VFR conditions is reasonable. 

Sellers Photo believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151(a)). Operating the small sUAS, in a controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, 

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery 

reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as 

determined by the onboard monitoring system and the operator), whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

14 CFIt 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 the 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 sections and Part 43 apply only to aircrafft with an airworthiness certificate, 

these sections will not apply to Sellers Photo. Maintenance will be accomplished by the operator 

and pursuant to the flight manual and operating handbook as referenced in the Sellers Photo 

Manual. An equivalent level of safety will be achieved because these small sUAS are very 

limited in size and will carry a small payload and operate only in controlled areas for limited 

periods of time. If inechanical issues arise, the sUAS can land immediately even if operating at a 

maximum of 1200 feet AGL. As provided in the Sellers Photo Manual, the operator will ensure 

that the sUAS 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. 

Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be detennined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R. 

45.23(b); 14 C.F.R. §§ 61.113(a) &(b); 91.7 

Professional Aerial Photographers Association-International Section 333 Doc 15-012 
Page 19 

(a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) &(b) to operate commercially a small unmanned 

vehicle (551bs or less) in aerial photography operations. 

Approval of exemptions allowing commercial operations of sUAS in the aerial photography 

industry enhances safety while reducing risk. Manned aircraft still photography and video may 

create a greater risk because the craft are much larger, have combustible fuel, and carry an 

onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircrafft flights. 

The operation of small sUAS, weighing less than 20 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircrafft operate at slow speeds, close to the 

ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or public property with the property owner's prior consent and 

knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise having agreed to be in the area where aerial photography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security — provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's sUAS in the aerial 

photography industry pursuant to the Manual appended hereto. 

Sincerely, 

, 

James M. Sellers 

Sellers Photo 

Corporate Officer 

Professional Aerial Photographers Association-International Section 333 Doc 15-012