US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation October 1 , 2015 

### James Larcher Larcher Photography 9393 N 90th Street Ste. 102 PMB 292 Scottsdale, AZ 85258 Jameslarcher@jameslarcher.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590
Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations fro m: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

### and 14 CFR 

### Part 11 James Larcher operator of Unmanned Aircraft Systems (UAS), hereby applies for ·an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Thank you in advance for your consideration.Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would provide professional services in the following areas:

1. **Surveying, aerial photography, videography and data acquisition for mine** 
**- related services.** 
2. **Aerial videography and cinematography.**

3. **Search operations for missing persons**

4. **Aerial filming and photographing inspections**

5. **Aerial acquisitions and research**

6. **Aerial filming and photography for coverage of events, enhanced real estate listings, and**  **structural inspections**
**7. Aerial videography and cinematography to enhance academic community awareness and to**  **augment real estate listing videos**
**8. Aerial acquisitions and**  **research over certain populated and rural areas of the United States**
**9. Aerial survey, aerial photography and film and to assist search and rescue operations in**  **remote areas.**
**10. Aerial still photography.** 
**11. Aerial photography, structural inspections of b** **ridges, pipelines, well and cell towers, real estate marketing and surveys and other flight operations.** 
**12. Commercial training of suss pilots and videography and photography of real estate**  **property.**
**13. Operations involving creation of image maps, photogr** **aphs, and videos of cellular phone towers.** 
**14. Low altitude aerial photography and videography.** 
**15. Roof and bridge inspections.** 

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b)controlled c) predetermined and d) safe. Approval of this exemption would increase public

awareness of UAS operations and enhance safety to aid in fulfilling 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."
The name and address of the applicant is 

### James Larcher Larcher Photography 9393 N 90th Street Ste. 102 PMB 292 Scottsdale, AZ 85258

**Regulations from**  **wh ich**  **the exemption is requested**  : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a) 

### James Larcher will operate one 

### or more of the Following model UAS: 

### DJI Phantom P 3 and a DJI Phantom Inspire 1

**Ai rcraft** 

### DJI PHA**NTOM P3**

**Weight (Including Battery) 1216 g**  **Ma x A** **scent Speed 5 m/s**  **Ma x Descent Speed**  **3 m/s Ma** **x Speed 16 m/s (** **AT TI mode, no wind)**  **Ma x A** **ltitude A bove Sea Level**  **6000 m Ma** **x Flight Time Ap**  **proximately 25 minutes Operating Temperature**  **0°C to 40°C Navigation System** 
**Built -**  **in GPS**

**Gimbal Co**  **ntrollable Range Pitch**  **- 90° to +30°**  **An gular Vibration Range**  **±0.02° Camera**  **Sensor 1/2.3” Effective pixels:12 M**  **Lens FOV (Field Of View) 94° 20 mm (35 mm format equivalent) f/2.8**  **Iso Range 100**  **- 3200 (video) 100**  **- 1600**  **(photo) Electronic Shutter Speed**  **8s -**  **1/8000s Image Max Size**  **4000 x 3000 Still Photography Modes** 

• **Single Shot**

• **Burst Shooting: 3/5/7 frames**

• **Au to Exposure Bracketing (A** **EB): 3/5**

• **Bracketed Frames at 0.7EV Bias**

• **Time -**  **lapse Video Recording Modes** 

• **2.7K: 2704 x1520p 24/25/30 (29.97)** 

• **FHD: 1920x1080p 24/25/30**

• **HD: 1280x720p 24/25/30/48/50/60 Ma** **x.Video Bitrate 40 Mbps** **Supported File Formats**

• **Micro SD Card: F AT**  **32/exFA T** 

• **Photo: JPEG, DNG**

• **Video: MP4, MOV (MPEG -** **4 AVC)**  **Supported Sd Card T ypes**  **Micro SD Card 8 GB included Operatin**  **g Temperature 0°C to 40°C** 
**Remote control Operating Frequency**  **5.725 GHz**
**– 5.825 GHz, 922.7 MHz** 
**– 927.7 MHz (Japan)**  **Ma x Transmission Distance**  **FCC: 1000 m; CE: 500 m (outdoors and unobstructed, aircraft's altitude at 400 feet (120 m)) Operating Temperature**  **0°C to 40** 



### DJI Inspire 1 **Ai rcraft** 
Model T600 We ight (Battery Included) 2935 g Hovering Accuracy (Gps Mode) Vertical: 0.5 m Horizontal: 2.5 m Max Angular Velocity Pitch: 300°/s Yaw: 150°/s Max Tilt Angle 35° Max Ascent Speed 5 m/s Max Descent Speed 4 m/s Max Speed 22 m/s (ATTI mode, no wind) Max Flight Altitude 4500 m Max Wi nd Speed Resistance 10 m/s Max Flight Time Approximately 18 minutes Motor Model DJI 3510 Propeller Model DJI 1345 Indoor HoveringEnabled by default

Operating Temperature Range

- 10° to 40° C Diagonal Distance 559 to 581 mm Dim ensions 438x451x301 mm Power Spectral Density 9.06mW/MHz **Gimbal**
Model ZENMUSE X3 Operating Current Station: 750 mA Motion: 900 mA Angular Vibration Range ±0.03° Mounting Detachable Controllable Range Pitch:

- 90° to +30° Pan: ±320° Mechanical Range Pitch:

- 125° to +45° Pan: ±330° Max Controllable Speed Pitch: 120°/s Pan: 180°/s **Camera**
Name X3 Model FC350 Total Pixels 12.76M Effective Pixels 12.4M Image Max Size 4000x3000 Iso Range 100

- 3200 (video) 100

- 1600 (photo) Electronic Shutter Speed 8s

- 1/8000s Fov (Field Of View) 94° Cmos Son y EXMOR 1/2.3” Lens20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups Anti

-distortion Still Photography Modes Single shoot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias Ti me- lapse Video Recording Modes UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30 FHD: 1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/50/60 Max Bitrate Of Video Storage 60 Mbps Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG

-4 AVC/H.264) **Remote Control**
Name C1 Operating Frequency 5.725~5.825 GHz 2.400~2.483 GHz Transmitting Distance (Outdoor And Unobstructed) 2 km Eirp 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G Video Output Port USB, mi ni

- HDMI Power Supply Built

- in battery Charging DJI charger Dual User Capability Mobile Device Holder Tablet or Phone **Battery** Name Intelligent Flight Battery Model TB48 Capacity 5700 mAh Voltage 22.8 V Battery Type LiPo 6S Energy 129.96 W h Net W eight 670 gOperating Temperature Range

- 10° to 40° C Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no nati onal security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the pub lic interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These lim itations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and cam era.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.
3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.
5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which fil mi ng is planned.
6. Minim um crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC wi ll have logged a mi nim um of 20 hours on the designated UAS. 8. A safety briefing will be performed prior to each day's flights consisting of all the days'
Production activities. 9. All flight activities will be logged. 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight. 14. The operator will obtain verbal/written consent of all persons involved with the planned o peration and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under t he FOM. Wi th the advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules 18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location withi n a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the App licant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria d em onstrates that the UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively w ithin a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitoredby both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b ). Marking of the Aircraft The regulation requires: Wh en m arks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft , the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable
14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: W hen marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be pla ced. Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20, 2015 The equivalent level of safety will be provided b y having the UAS ma rked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. The proposed UAS operations may

achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed that the operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checkli sts prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S.registered civil aircraft ... (2) For which an Airp lane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, ma rk ings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. Theequivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS will have immediate access to it.
14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain acti ons before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight
14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil a ircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is acco mp lished through the use of a control box that communicates with the aircraft via radio communications. the FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experi me ntal aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nim um s prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operati ons. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained
consent. Th e equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein an d the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS 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 aircraft 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 UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalen t level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C .F.R. § 91.151(a): Fuel Requirements fo r Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prio r exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks thatSection 91.151(a) was intended to alleviate give n the size and speed of the small UAS. The

applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 mi nutes or 25% of battery 

### power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate



### . . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well under the proposed 551b lim it and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have imme diate access to them, to the extent they are applicable to the UAS.
1 4 C.F.R. §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 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 aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a lim ited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the pers on most familiar with the aircraft and best suited to ma intain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accorda nce with the
UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensure that the UAS is in working order prior to initiating flight and perform required ma intenance needed. Additional Information. The applicant James Larcher , believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the appli cant's UAS. The applicant, James Larcher requests your respective approval of this Section 3 exemption petition request.

Thank you for your attention in this matter. Please notify James Larcher of your actions, and or approvals. Thank yo u, for your interest in this request. Sincerely,Jam es Larcher

DJI Manual Link :