September 8th, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, 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) and (b); 91.7 (a); 91.103; 

91.119 (c); 91.121; 91.151 (a); 91.405 (a)(1); 91.409 (a)(1) and (2); 91.417 (a) and (b).

Dear Sir or Madam:

Pursuant to Section 33 of the FAA Modernization and Reform Act, I, Andrew Foley, IV, 

operator Unmanned Aircraft Systems (UAS), hereby apply, as owner of AIV Photo LLC, 

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 videography and photography of

public, private, and commercial real estate purposes and not limited to public and 

private events. Other uses could include site surveys, closed film/video sets. Closed 

construction sites, construction sites that are clear of workers and management 

personnel well outside a safe perimeter.

Applicant: 

Andrew Foley, IV, owner

AIV Photo LLC

934 Lockspur Crescent

Newport News, VA 23608

andrew@aivphoto.com

(757) 969-7253

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

and sensors would operate in the following manner:

● Aerial photography and/or video for public, private, and/or commercial use 

including real estate and other related professional activities.

● Aerial video and/or photography for public and/or private use including public and 

private events. Other uses could include site surveys, open/closed film/video 

sets. Closed construction sites, construction sites that are clear of workers and 

management personnel well outside a safe perimeter.
As described fully below, the requested exemption would permit the operation of 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 aircrafts.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

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

such aircraft systems in the national airspace system.”

The following UAS will be used: DJI Phantom 2 Vision+, Phantom 3 Professional, and 

DJI Inspire I.

The DJI Phantom 2 Vision+, Model WV303, which is comprised of an unmanned aircraft

(UA or Phantom), an attached 14 megapixel photo camera / 1080p video camera and a 

transportable ground station. The DJI Phantom 2 Vision+ is a quad-copter with a gross 

weight of 2.7 pounds. It is equipped with four rotors that are driven by electric motors

powered by batteries. The UA has a maximum airspeed of 15m/s.

The Phantom 3 Professional, Model W323, which is comprised of an unmanned aircraft 

(UA or Phantom), an attached 4K video camera and a transportable ground station. The 

Phantom 3 Professional is a quad-copter with a gross weight of 2.8 pounds. It is 

equipped with four rotors that are driven by electric motors powered by batteries. The 

UA has a maximum airspeed of 16m/s.

The DJI Inspire I, Model T600, which is comprised of an unmanned aircraft (UA or 

Phantom Inspire 1), an attached 12.4 megapixel photo / 4K video camera and a 

transportable ground station. The DJI Inspire 1 is a quad-copter with a gross weight of 

6.4 pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum airspeed of 22m/s.

Each UAS will be operated over various areas, primarily across Hampton Roads are in 

VA to augment real estate listing videos, capture event aerial video and photography, 

and related business operations.

UAS Operating Parameters

I 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 400 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line 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; there will be conducted 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 manufacturers’ recommended minimum level of battery 

power;

● operate the 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 pilot is lot;

● conduct all operations under the flight safety protocols (including posting a 

warning sign reading: ATTENTION AERIAL PHOTOGRAPHY IN PROGRESS -

STAY 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 

the estimated flight time, flight duration, elevation of flight and other pertinent 

information;

● 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 

the areas depicted in yellow on the VFR charts and through obtaining information 

regarding congested areas from the local FLight Standard District Office (FSDO);

● conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference UAS Flying Flowchart and User Manuals).

Regarding UAS operational training, there have been numerous practice flights in 

remote areas as hobbyists simulating flights for future commercial use to gain 

familiarization with the characteristics of the UAS performance under different 

temperature and weather conditions.

Any pilot in command (PIC) operating the UAS 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 pilot with a multi-rotor UAS. The PIC 

will also have accumulated and logged a minimum of 5 hours as a UAS pilot operating 

the same make model of UAS to be used for operations. In addition to the hour 

requirements, the PIC will accomplish at least 3 takeoffs and landings in the preceding 

90 days (to ensure the pilot is current in the practice) prior to any flight.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UAS, it is 

believed that an exemption from 14 CFR part 21, subpart H (Airworthiness Certificates) 

and §91.203 (a) and (b) (Certifications Required), subject to 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).

There a request for an exemption from §45.23 (Marking of the Aircraft) because the 

UAS will not have a cabin, cockpit, or pilot station on which to have considerable 

verbiage, not excluding the small size of the UAS and that none run off any fuel.
There is a request for exemption from §91.7 (a) which prohibits the operation of an 

aircraft without airworthiness certificate, since there is currently no certificate applicable 

to how it will be used, this regulation is inapplicable.

There is a request for an exemption from §91.405. (a), §91.407 (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, there will always be preflight inspections of 

the UAS before each flight as outlined in each of their respective manuals, as attached.

There is a request for 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 and 

given its size, this regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining safety/flight manual with the UAS ground station.

There is a request for an exemption from §91.119 which prescribes safe altitudes for the 

operation of a civil aircraft, but it allows helicopters to be operated at lower altitudes in 

certain conditions. At no time will the UAS be above the altitude of 300 feet above 

ground level (AGL) and the UAS 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 and maintained.

There is a request for an exemption from §91.121 (Altimeter Settings) as it is 

inapplicable since the UAS use electronic GPS with a barometric sensor.

There is a request for an exemption from §91.151 (a) (Fuel Requirements for Flight in 

VFR Conditions). The UAV is 100% electric and has two low battery alerts that are 

issued - per the operating documents, the UAV will be landed at the first alert. Also, 

flights will only last 5-10 minutes each, and the UAS has an automated function, which 

results in immediate landing when the 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 

UAS with 30% battery power remaining.

Public Interest

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 and/or cost conscious 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 their small size and lack of 

combustible fuel when compared to manned aircrafts. Additionally, the operation of the 

UAS will minimize harm to the environment. Also, its use can generate economic 

growth by providing information to companies and the public looking to relocate or build 
in the Hampton Roads area. Public and private events serviced by AIV Photo will 

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

Summary

The petitioner will comply with all of the following conditions and limitations should this 

exemption be granted:

1. Operations will be limited to the following aircrafts described in the operating 

documents: DJI Phantom 2 Vision+, Phantom 3 Professional, and DJI Inspire I.

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

3. The UAS will be operated at an altitude of no more than 400 feet above ground 

level (AGL); all altitudes reported to ATC must be in feet AGL.

4. The UAS 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 UAS 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/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 the UAS operations and 

made available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request.

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 preflight inspection. All maintenance and 

alterations will be properly document in the aircrafts’ records.

8. Any UAS maintenance or alterations that affect the UAS operation or flight 

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

functional test flight. The PIC who conducts the functional test flight will make an 

entry in the aircraft records.

9. The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already 

covered in the relevant section of the operating documents.

10.All UAS manufacturer's aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements will be followed.

11.Maintenance, inspections, and record keeping requirements will be carried out, in 

accordance with the operating documents. Maintenance, inspections, and 

alterations will be noted in the aircraft records, including total flight hours, 

description of the work accomplished and the signature of the 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 against discrepancies discovered between inspections.
14.UAS operations will be conducted by a PIC possessing all specified certificates. 

the PIC will also meet the flight review requirements specified in 14 CFR 61.56 

for an aircraft in which the PIC is rated on his/her certificate.

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 total time as a UAS rotorcraft 

pilot including at least 10 hours logged as a UAS pilot with a multi-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 a UAS pilot operating the make 

and model of the UAS to be used in operations. The PIC will accomplish 3 takeoffs and landings in the preceding 90 days.

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 the night, as defined in 14 CFR 1.1. 

All operations will be conducted under visual meteorological conditions (VMC).

19.The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart.

20.The UAS 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 UAS 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 UAS with 30% battery power remaining.

24.An Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) will be obtained prior to conducting any operations, and also request a 

Notice to Air-man (NOTAM) not more 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 UAS will comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

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 UAS 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 UAS will not be operated over congested or densely populated areas.

30.Flight operations will be conducted at least 500 feet from all nonparticipating 

person, vessels, vehicles, and structures unless

a. Barriers or structures are present that sufficiently protect non participating 

person from the UAS and/or debris in the event of an accident. Steps will 

be taken to ensure that nonparticipating persons remain under such 

protection. If a situation arises where non participating persons leave 

such protection and are within 500 feet of the UAS, flight operations will 

cease immediately and/or;

b. The aircraft is 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. All operations will be conducted over private or controlled-access property 

with permission from land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries or the operational area as defined by the applicable COA will 

be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

website: www.ntsb.gov. 

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

andrew@aivphoto.com or (757) 969-7253.

Thank you,

Andrew Foley, IV, owner

AIV Photo LLC