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 ou tlined 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, pri vate, 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 o utside 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 activit ies.

● 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

managem ent 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 s afe 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 D JI Phantom 2 Vision+, Model W V303 , 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

- co pter with a gross weight of 2.7 pounds. It i s 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 transport able ground station. The

Phantom 3 Professional is a quad

- copter with a gross weight of 2.8 pounds. It i s 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 unma nned aircraft (UA or Phantom Inspire 1), an attached 12.4 megapixel photo / 4K video camera and a transporta ble ground station. The DJI Inspire 1 is a quad

- copter with a gross w eight of

6.4 pounds. It i s equipped with four rotors that are driven by electri c motors powered by

batteries. The UA has a maximum airspeed of 22 m/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 b usiness 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 1 000 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 st ructures; 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 min imum 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

informati on;

● 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, elevat ed 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 inspe ctions 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 U AS 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

Give n 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 airwor thiness 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 main taining 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 o nly 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 hig her 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 land ing 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 in dustry 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 econ omic growth by providing information to companies and the public looking to relocate or buildin 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 communicat e 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 fo r 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

charac teristics, 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 wil l 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 l imit 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 recor d 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 accumulate d 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 vide ography/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 m odel of the UAS to be used in operations. The PIC will accomplish 3 take

offs 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 priva te 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 w ill 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 le ss 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 abor t 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 t he 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 (NO TAM) 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 pr otect 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 a nd 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 ma de 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 p er §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 fo r 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) with in 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