September 2, 2015

U.S.Department ofTransportation

FederalAviationAdministration

800 IndependenceAvenue, SW

Washington,DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 61.113{a) &(b); 91.7 (a); 91.103; 91.119{c); 91.121;

91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a)&(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, We, Barry	Moyes, operator of an

Unmanned Aircraft System (UAS), hereby apply, on behalf of SBC	Aerial	Imaging,for an exemption

from the listed Federal Aviation Regulations (“FARs”)to allow commercial operation of its UAS, 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.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b),

91.7(a), 91.9(b)(2), 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) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed

exemption would allow the operation of unmanned aircraft systems (UAS)for the purpose of aerial

videography and photography real estate purposes and events.

Applicant:

Barry	Moyes

Owner

SBC	Aerial	Imaging

4932	Hazelnut	Ave.

Billings,	MT	59106

barry.moyes@gmail.com

(307)	679-5686

Commercial operation of an UAS, as described herein, which are equipped with camera and sensors,

would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate,	

educational	research,	event	photography,	agricultural	research,	search	and	rescue	operations,	

construction	site	inspection	and	other	inspection	work	relating	to	construction	activities.

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a)limited, b) controlled, c) predetermined, and d) will
provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfillthe

Secretary of Transportation responsibilities to “....establish requirements for the safe operation of

such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. We will operate two UAS models,(1)	the DJI Phantom 3 Professional, Model

W323, which is comprised of an unmanned aircraft(UA or Phantom), an attached 4K camera and

a transportable groundstation.

ThePHANTOM 3 is a quad–copterwith a grossweight of 2.8 pounds.Itis equipped with four rotors

that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s.		

It will be operated over various rural	and	lightly	populated areas, primarily around Billings,	MT, to

augment real estate listing videos, capture event aerial video and photography, and related business

operations.

(2)	The	3D	Robotics	Solo	Drone.	3DR	SOLO,	which is comprised of an unmanned aircraft(UA or

SOLO), an attached Go	Pro camera and a transportable groundstation.		The	Solo	Drone	is	a	quad–

copter	with	a	gross	weight	of	1600	grams	to	1760	grams	with	camera	and	gimbal	onboard.	Itis

equippedwith four rotors that are driven by electric motors powered by batteries. The UA has a

maximum airspeed of 55	mph.		It will be operated over various rural	and	lightly	populated areas,

primarily around Salt	Lake	City,	UT,	to augment real estate listing videos, capture event aerial video

and photography, and related business operations.

UASOperatingParameters

We will abide by the following additional operating conditions under this exemption, which ensures

a level of safety at least equal to existing rules:

• operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to

aid in directline of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures when

operations may be conducted closer than 500 feet to any such vessels, vehicles or structures;

we will conduct a safety assessment of the risk of operating closer to those objects and

determine that it does not present an undue hazard;

• operate the UAS for 5–10 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours only within visual line of sight(VLOS);

• use the UAS’ global positioning system (GPS)flight safety feature whereby it hovers and then

slowly lands if communication with the remote control pilotis lost;

• conduct all operations under the flight safety protocols (including posting a warning sign

reading:“Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in

the operating documents and will actively analyze flight data and other sources of

information to constantly update and enhance safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of his

estimated flighttime, flight duration, elevation of flight and other pertinentinformation;

• always obtain all necessary permissions prior to operation; have procedures in place to

abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power lines,

elevated lights, airports and densely populated areas (defined by areas depicted in “yellow”

on VFR charts and through obtaining information regarding congested areas from the local

Flight StandardsDistrictOffice (FSDO);

• Conduct extensive preflightinspections and protocols, during which safety carries primary

importance (Per	reference PHANTOM and	SOLO Flying FlowCharts andUser Manuals).
• Maintain	Flight	logs	of	all	activity	related	to	the	flight	and	operation	of	the	Phantom	3 and	

3DR	SOLO.

Regarding UAS operational training, we have flown numerous practice flights in remote areas as

hobbyists simulating flights for future commercial use to gain familiarizationwith the characteristics

oftheUAS’ performance under differenttemperature and weather conditions.
Any PIC operating our UAS’s will have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilotwith amulti–rotorUAS. ThePICwill also have accumulated and logged aminimum of 5 hours as a

UAS pilot operating the same make and model of UAS to be used for operations. In addition to the

hour requirements,thePICwill accomplish3take–offs andlandings inthepreceding 90days (for

currency purposes) prior to any flight.

SpecificExemptionsRequested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an

exemption from 14 CFR part 21, SubpartH (Airworthiness Certificates) and §

91.203(a) and (b)(Certifications required), subjectto certain conditions and limitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and

Section 333 of P.L. 112–95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin,

cockpitor pilot station onwhichto mark certainwords or phrases. Further,the two–inchlettering is

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering

requirement. Regardless of this, we will mark the UAS in the largest possible lettering by placing the

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an

airworthiness certificate, since there is currently no certificate applicable to our operation,this

regulationis inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections since they only apply to aircraft with an airworthiness certificate.However,

as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined

in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft,

however since there are no pilots or passengers on board the aircraft and given its size,this

regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a

safety/flight manual with theUAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not

operate our UAS above the altitude of 300 feet above ground level(AGL) and will also only operate in

safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or

below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and		

speed of the UAS, an equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions.

TheUAV is 100% electric and two low battery alerts are issued --- per the operating documents,the

UAV will be landed at the first alert. Also, our flights will last only 5–10 minutes each, and the UAS has

an automated function, which results in immediate landing when a low battery is detected. The PIC
will not begin a flight unless (considering wind and forecast weather conditions)there is enough

power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA

with 30% battery power remaining.

PublicInterest

Aerial photography and videography for real estate and events are proven strategies to enhance

marketing efforts and increase business success. The industry is not new.However, until recently it

was conducted through the use of costly manned aircraft, a prohibitive business activity for small

companies. By granting this exemption I would be able to provide affordable services.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible

fuel when compared to larger manned aircraft. Additionally,the operation of our UAS will minimize

harm to the environment economic growth by providing information to companies and the public

looking to relocate or build in the metro areas we service. Public and private events serviced by our

business enhance vibrancy and add culture to the community and its citizens.

Summary

We will comply with all of the following conditions and limitations should this exemption be

provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is

aquad–rotoraircraftweighing2.8pounds:Phantom3UnmannedAircraftSystem.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 300 feet above ground level

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command

(PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of

sight(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times.

The PIC will be designated before the flight and will not transfer his or her designation for the

duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the

operating	 documents.

6) The operating documents will be accessible during UAS operations and made available to the

Administrator upon request. Any revisions to the operating documents will be presented to the

Administratoruponrequest.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the

UAS will not be operated until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the

preflightinspection. All maintenance and alterations will be properly documented in the aircraft

records.

8) AnyUAS maintenance or alterations that affect the UAS operation or flight characteristics,

e.g. replacement of a flight critical component, will undergo a functional testflight.

The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) Thepre–lightinspectionsectionintheoperatingdocumentswillaccountforalldiscrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the

operating	 documents.

10) WewillfollowtheUASmanufacturer’s aircraft/component, maintenance, overhaul, replacement,

inspection, and life limit requirements.
11) We will carry out maintenance, inspections, and record keeping requirements, in accordance

with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft

records, including total flight hours, description of work accomplished, and the signature ofthe

authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action taken

againstdiscrepanciesdiscoveredbetweeninspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and at

leasta currentthird---classmedical certificate.ThePICwill alsomeettheflight reviewrequirements

specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

• We	would	like	to	request	further	exemption	from	this	requirement	if	possible, but	will	accept	

all	responsibilities	within	item	14	if	an	exemption	is	not	possible.	We	would	like	to	substitute	a	

certified	UAS	certificate	covering	safe	airspace	operation	requirements.	Operation	of	a	fixed	wing	

aircraft	does	not	relate	to	the	safety	of	the	public	or	users	of	U.S.	controlled	airspace.	A	thorough	

understanding	of	the	safe	operation	of	a	UAS	in	U.S.	Airspace	is	more	closely	aligned	with	the	

safety	of	the	public	and	other	air	traffic.

15) Prior to operations conducted for the purpose of aerial videography/photography and for real

estate listing videos and public and private events and similar operations, the PIC will have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of		

totaltime as aUAS rotorcraft pilotincluding atleast 10 hours logged as aUAS pilot with amulti–rotor

UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography and for real

estate listing videos and public and private events and similar operations,the PIC will have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS

pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish 3

take–offsandlandingsinthepreceding90days.

17) The PIC will not operate the UAS for the purpose of aerial videography/photography and for real

estate listing videos and public and private events and similar operations, unless the PIC has

demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate

the UAS in a manner consistent with the operating documents, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will

be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA–published aeronautical chart.

20) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA loses communications or loses its GPS signal, it will return to a predetermined location

within the planned operating area and land or be recovered in accordance with the operating

documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance

with the operating documents.

23) The PIC will not begin a flight unless (considering wind and forecast weather conditions)there is

enough power to fly at normal cruising speed to the intended landing point and land the UA with		

30% battery power remaining.

24) We will obtain an Air Traffic Organization (ATO)issued Certificate of Waiver or Authorization

(COA)prior toconducting anyoperations, and also request aNotice toAir–man(NOTAM)notmore

than 72 hours in advance, but not less than 48 hours prior to the operation.

25) Before conducting operations,the radio frequency spectrum used for operation and control of

the UA will comply with the Federal Communications Commission (FCC) or other appropriate

governmentoversight agencyrequirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground
Control Station of the UAS any time the UAS is operating. These documents will be made available to

the Administrator or any law enforcement official upon request.
27) The UA will remain clear and yield the right of way to all manned aviation operations and

activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UA will not be operated over congested or densely populated areas.

30) Flight operations will be conducted atleast 500 feetfrom all nonparticipating persons, vessels,

vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from

the UA and/or debris in the event of an accident. We will ensure that nonparticipating

persons remain under such protection.If a situation arises where nonparticipating				

persons leave such protection and are within 500 feet of the UA, flight operations must

ceaseimmediately and/or;

b. The aircraftis operated near vessels, vehicles or structures where the owner/controller

of such vessels, vehicles or structures has granted permission and the PIC has

made a safety assessment of the risk of operating closer to those objects and determined

that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

31) Alloperationswillbeconductedoverprivateorcontrolled–accesspropertywithpermission

from the land owner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flightto be conducted.

32) Any incident, accident, or flight operation thattransgresses the lateral or vertical boundaries of

the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration

Office(AFS–80)within24hours.AccidentswillbereportedtotheNationalTransportationSafety

Board (NTSB) per instructions contained on theNTSB Web site: www.ntsb.gov.

If you have questions or need additional information, please contact me at

barry.moyes@gmail.com or (307) 679–5686.

Thank you,

Barry	Moyes

Owner

SBC	Aerial	Imaging