Viewpoint Elevated Imagery, LLC

David Simmons

14806 Adios

San Antonio, TX 78248

FAA Rulemaking Section

333

Of the

FAA Reform Act and Part 11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

July 13. 2015

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave, SE
Washington, DC 20590

Attention: FAAAdministrator

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

Regulationsform 14 CFR Part 21; 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 CFR91.119; 14 CFR91.121; 14 CFR91.151 (a); 14 CFR91.203 

(a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409

(a) (2); 14 CFR 417 (a) & (b)

Dear Administrator, 

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14

CFR Part 11, Terry Camnitz (LAI.)is the operator of Small Unmanned Aircraft Systems (sUAS) equipped to 

conduct aerial photography and cinematography services hereby applies for an exemption from the listed

Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS 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 described in more detail below, the requested exemption would permit the operation ofsmall,

unmanned and relatively inexpensive sUAS under controlled conditionsin the NAS that is both limited

and predetermined. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary of

Transportation’s(the FAA Administrator’s)responsibilitiesto “...establish requirementsforthe safe

operations ofsuch aircraftsystemsin the national airspace system.”Section 333 (c) oftheReform Act.

Regulationsfrom which the exemption isrequested:

14 CFR Part21

14 CFR45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) & (b)

14 CFR 91.215 (a) & (b)

14 CFR 91.131(d)

14 CFR 91 405(a)

14 CFR 407 (a)(1)

14 CFR 409 (a)(2)

14 CFR 417 (a) & (b)
This exemptionapplicationis expresslysubmittedtofulfillCongress’goalinpassingSection333(a)

through (c) oftheReform Act. Thislaw directsthe Secretary of Transportation to consider whether

certain unmanned aircraftsystems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary isrequired to determine which types ofsUASs do not create a hazard to

users ofthe NAS orthe public or pose a threat to nationalsecurity in light ofthe following:

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

• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/”Operator”

ReformAct § 333 (a). Lastly, ifthe Secretary determinesthatsuch vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraft

inthenational airspace system.” Id.§333(c).

The FederalAviationAct expressly grantsthe FAAthe authority to issue exemptions.Thisstatutory

authority by itstermsincludes exempting civil aircraft, asthe termis defined under §40101 ofthe Act,

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

certificate.

The Administrator may grant an exemption from the 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 §44744(a); 49 USC §44704l 14 

CFR §91.203 (a) (1).

Low Altitude Imaging Inc. UASs are rotorcraft weighting 55 or fewer lbs. including payload. They operate

under normal conditions at a speed of no more that 50 kts and have the capability to hover, and move in

the vertical and horizontal plan simultaneously. They will operate only in line of sight of the 

Pilot/”Operator” and will operate with the permission of the property owner or a representative. Such 

operations will insure that the sUAS will “not create a hazard to users of the national airspace system or 

the public” as per the Reform Act Section 333 (b).

Applicant submits the attached (LAI), Safety Policy and (LAI). Operations Checklist as confidential

documents under 14 CFR 11.35 (b) asthese documents contain proprietary information that the

applicant has not and will notshare with others. The safety policy contains operating conditions and 

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

Information Act 5 USC552 et.seq.

Given the small size of the sUASs involved and the limited environment within which that will operate,

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence

immediately. Also due to the size of the sUASs and the limited areas in which the relevant sUASs 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 with allowing sUASs for commercial aerial videography and photography

operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption without delay.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposesthat the exemption requested herein apply to civil aircraft that have the

characteristics and they operate with the limitationslisted herein. These limitations provide for at least

and equivalent or even higher level ofsafety of operations under the current regulatory structure

because the proposed operations are conducted on closed off property under the permission of the

property owner or property representative.

These limitations and conditionstowhich (LAI) agreesto be boundwhen conducting commercial

operationsunderanFAAissuedexemptioninclude:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operator” and/or observer.

3. Maximumtotalflighttime for each operationalflightwill be 30minutes.Flightswill be terminated 

at 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a

structure taller than 500 feet, the sUAS will not be operated more than 100’ above the highest

point on thestructure.

5. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual 

Observer.

6. sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another 

“Pilot/”Operator” “ to be qualified with the necessary skills to be the “Pilot/”Operator”, that person

can also be designated as “Pilot/”Operator” “ provided they have a minimum of 40 hours of flight

time with the sUAS.

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures,

buildings, vehicles, vessels, or people not associated with the operation.

8. Abriefingwill be conducted in regard to the planned sUAS operations priorto each flight activity.

It will be mandatory that all personnel involved with the operational duties of the flight be present

for this briefing.

9. Pilot/”Operator” and observer will have been trained in operation of sUAS generally and received 

up--to--date information on the particularsUAS to be operated.

10. The “Pilot/”Operator” “ will have at least a class 3 medical certificate.

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or 

text.

12. Written and/or oral permission from the relevant property holders or property representatives

will be obtained.

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to 

return to a pre--determined location and land autonomously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

14 CFR §91.109: Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unless that aircraft has fully functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional dual. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio

communication. The FAA has approved exemptions for flight training without full functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.

5778K & 9862A. The equivalent level of safety is provided by the fact the neither a pilot nor passengers

will be carried in the aircraft and by the size and speed of the aircraft.
14CFR§91.119:MinimumSafe Altitudes

Section 91.119 established safe altitudesfor operation of civil aircraft. Section 91.119 (d) allowsthat

helicopter may be operated at lessthan the minimums prescribed in paragraph (b) or (c) of thissection,

provided each person operating the helicopter complies with any routes or altitudesspecifically

prescribed for helicopters by the FAA. Asthis exemption isfor a sUAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to

allow such operations. Assetforth herein, the sUAS will never operate higherthat 500 AGL with the

exception that in circumstances where the sUAS is used to survey or photograph a structure whose

height exceeds 500 feetAGL,the sUASwill not be operatedmore than 100 feet above the highest point on

the structure.

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 permission of the property owner. 

Because of the advance notice to the property owner and other participantsin the activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighing far more than the maximum 55 lbs. proposed herein and 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 feet AGL. In addition, the low--altitude operations of the sUAS will 

ensure separation between the sUAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

14 CFR §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 altimetersetting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude 

readout, and exemption may be needed. An equivalent level of safety will be achieved by the 

Pilot/”Operator”, pursuant to the safety checklist and live flight data monitoring, confirming the altitude 

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

14 CFR §91.151(a): Fuel Requirementsfor Flight in VFR Conditions

Sections 91.151(a) prohibits an individualfrombeginning “a flightin an airplane underVFRconditions 

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 afterthatfor at least

30 minutes; or (2) at night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provideslessthan 30minutes of powered flight.Tomeet the 30minute

reserve requirementin 14CFR§91.151,sUASflightswould be limited to approximately 10minutesin

length. Given the limitations ofthe sUAS’s proposed flight area and the location ofits proposed 

operations within a predetermined area, a longer timeframe for flight in daylight or twilight CFR

conditionsisreasonable.

Applicant 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 sUAS, in a limited area where only people and property owners or

representative with lessthan 30 minutes of reserve fuel, does not engender the type of risk that Section

91.151(a)wasintendedtoalleviategiventhesizeandspeedofthesUAS.Additionally,limitingthesUAS

flight to 10 minutes would greatly reduce the utility for which the exemption will be granted.
Applicant believesthat an equivalent level ofsafety can be achieved by limiting flightsto 30minutes or

20% of battery power – whichever happensfirst. Thisrestriction would be more than adequate to return

the sUAS to its planned landing zone from anywhere in itslimited operating area. Similar exemptions 

have been granted to other operations, includingExemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in the pertinent part:

(a) Except a 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 unlessthe airworthiness certificate required by paragraph (a)

of thissection or a specialflight authorization issued under §91.715 is displayed at the cabin or cockpit

entrance so that it islegible to passengers or crew.

The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is

no ability to place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the Pilot/”Operator” flying the sUAS will have immediate access to the documents to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797

9797A, and 10700.

14CFR§91.215 (a) and (b); 14CFR§91.131 (d);ATCtransponder and altitude reporting equipment and 

use

The pertinent section of 91.215 (a) & (b) requiresthe “(a) All airspace: U.S.--registered civil aircraft. For 

operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed. . .

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the

airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped

with an operable coded radar beacon transponder”. . .

This requirementapplies

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this

part from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace

(d) other equipmentrequirements.

“No person may operate an aircraft in aClassBairspace area unlessthe aircraft is equipped with

(1) The applicable operating transponder and automatic altitude reporting equipmentspecified in

§91.215 (a) . . . and

(2) After January 1, 2020 , the applicable Automatic Dependent Surveillance--Broadcast Out equipment 

specified in §91.225.”
Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and

operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a)

and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level of

safety can be assured using the procedures defined for each class of airspace.

Within the surface areas ofClass “B”,Class “C”,Class “D” airspace

Within the lateral boundaries of the airspace, the Pilot/”Operator” “ will establish 2 way communications 

with the ATC facility having jurisdiction for that area. The Pilot/”Operator” will provide the location 

(heading and distance) relative to the center of the airspace and request clearance to “Maneuver” above 

that location at or below 400 feet AGL. The Pilot/”Operator” will be responsible for “see and avoid” traffic 

conflicts. The Pilot/”Operator” will at all times yield right of way to ANY and ALL manned flight 

operations. All operations within 2 miles of the primary airport will be pre--arranged with that controlling 

facility. Any and all restrictions placed on the operations will be complied with so that all manned 

operations can be conducted without negatively impacting flightsafety.

14CFR§91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a)&(b):Maintenance Inspections

These regulationsrequire 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) ofthissection, have discrepanciesrepaired as prescribed in part 43 ofthis chapter...,” and

othersshall 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 Pilot/”Operator” 

pursuant to the flight manual and operating and handbook. An equivalent level of safety will be achieved 

because these small sUASs are very limited in size and will carry small payload and operate only in limited

areas forshort periods of time. If mechanical issues arise the sUAS and land immediately and will be

operating from no higher than 500 feet AGL. The Pilot/”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 Pilot/”Operator” is the person most familiar with the aircraft and is bestsuited 

to maintain 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 and accordance 

with the sUAS manufacturer’s manual, as referenced in the Aircraft Operations Manual. As provided in the

Operations Manual, the Pilot/”Operator” will ensure that the sUAS is in working order prior to initiating

flight and perform required maintenance needed.

Additional Views and Information

Of the applicant, David Simmons has been involved in building and piloting of radio controlled vehicles

for over 10 years without incident.
Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register,

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14

CFR61.113 (a) & (b); 14CFR91.7 (a); 14CFR91.9 (b)(2); 14CFR91.103; 14CFR91.109; 14CFR

91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.215 (a) & (b); 14 CFR

91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to

commercially operate a small unmanned vehicle (55 lbs. orless) equipped to conduct aerial photography

andcinematographyservices.

Approval of exemptions allowing commercial operations ofsUAsto conduct aerial photography and 

cinematography services will enhance safety by reducing risk.Conventional photography operations,

using jet or piston powered aircraft, at extremely low altitudes, often very close to the subject being

filmed and in close proximity to people and structures; and present the risks associated with vehiclesthat

exceed 3,000 lbs., carrying large amounts ofjetAor otherfuel.In contrast, a sUASweighing fewerthan

55 lbs. and powered by batteries eliminates virtually all of the risk given the reduced mass and lack of

combustible fuel carriedonboard.The sUASis carriedtothe location.The sUASwill carrynopassengers 

or crew and, therefore, will not expose them to the risks associated with manned aircraftflights.

The operation of small sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will

provide an equivalent level of safety supporting the granting of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground but under 400 feet AGL, and within

the limited area and, as a result, are far safer than conventional flight operations conducted with turbine

helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property representative or

owner’s prior consent and knowledge.Filmingwill be of peoplewho have also consented to being filmed 

or otherwise have agreed to be in the area where filming will take place.

Allflightswilloccurinaccordancewithanystateorlocallawsregardingprivacy.

Satisfaction ofthe criteria provided in Section 333 oftheReformAct of 2012—size, weight,speed,

operating capabilities, proximity to airports and populated areas and operations within visual line of

sight(VLOS) and nationalsecurity – providemore than adequate justification forthe granting ofthe

requestedexemptions allowing commercialoperationof applicantssUASinthe aerialphotographyand 

cinematographyservicesindustry.

Sincerely,

David Simmons

Viewpoint Elevated Imagery, LLC