Sections we are seeking relief from

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) (“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, 4K Aerial Imaging, LLC requests an exemption from th e following Federal Aviation Regulations (“FARs”): 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) and (b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(1) and (2); 1 4 C.F.R. 91.417(a) and (b).

Public Interest UAV Aeronautics Investigation & Logistics use of UAS for videoing and photographing utility components (e.g., Accident investigation, fire, train track inspection, search and rescue) as well

as survey mapping c an reduce the required manpower as well as the likelihood of inspection related injuries. A small UAS can be used to safely inspect powerlines instead of a large helicopter hovering within a close proximity of powerlines carry ing persons onboard with
hundr eds of gallons of combustible fuel. The environmental impact can also be reduced when using small UAS instead of traditional methods of utility inspection. Small UAS can inspect, photograph and collect data in hard to reach areas that otherwise would requi re worker inspection. Manned aircraft have a greater possibility of becoming a threat to the general public through potential catastrophic crashes resulting in loss of life. Our small UAS pose no such threat due to their small size (each weighing less than 10 pounds), no onboard pilot, and lack of combustible fuel. This alleviates a large amount of potential threats to the public. Additionally

, small UAS reduce the environmental impact by dramatically

decreasing the energy

used for aerial imaging.

AI RCRAF T AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or e ven higher level of safet y t o operations under the current regulatory structure because the proposed operations represent a safet y enhancement for current Aerial photograph y services that use conventional, ‘full scale’, piston/jet driven aircraft. These

li mitations and conditions to which UAV Aeronautics Investigation & Logistic LLC., the applicant, agrees to be bound when conducting commercial operations under an FAA issued exemption include: 4 Reform Act Section 333 (b).

Regulations from which the exempt ion is requested: 14 C.F.R Part 21 14 C.F.R. 45.23(b) 14 C.F.R 61.113 (a) & (b) 14 C.F.R. 91.7 (a)14 C.F.R 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R 91.151 (a) 14 C.F.R 91.203 (a) & (b) 14 C.F.R 91.405 (a) 14 C.F.R 407 (a) (1) 14 C.F.R 409 (a) (2) 14 C.F.R 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to
consider whether certain unmanned aircraft s ys tems may operate safel y in the national airspace

sy stem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which ty pes of UASsdo not create a hazard to users of the NAS or the public or pose a threat to national securit y in

light of the following: • The UAS’s size, weight, speed, and operational capability ; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly , if the Secretary determines that such vehicles “may operate safel y in the national airspace sy stem, the Secretary shall establish require ments for the safe operation of such aircraft in the national airspace sy stem.” Id. §333(c) . The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This
statutory authorit y b y its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a
current airworthiness certificate. The Administrator may

grant an exemption from a requirement of a regulation prescribed under
subsec tion (a) or (b) of this section or an y 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 §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

**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 Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y 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 anal ys is of these criteria demonstrates 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosi ve materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the

Manual’s requirements, and under the requirements and in compliance with local public safet y requirements, to provide securit y for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safet y enhancements provide a greater degree of safet y to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates tha t 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:When marks include only the Roman capital letter "N" and the registration number is display ed

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 placed. Given the size of the sUAV, two

- i nch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safet y will be provided b y having the sUAV marked on its fuselage as required b y §45.29 (f) where the pilot, obs erver and others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R. § 61.113 (a) & (b): Private Pilot Pr ivileges and Limitations: Pilot in Command.**  Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of
safet y of current ope rations by requiring the PI C operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and
coordinated in advance as set forth in the Manual. The level of safet y provided by the requirements included in the Manual exceeds that provi ded b y a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 6 1 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PI C exceeds the present level of safet y achieved b y 14 C.F.R. §61.113 (a) & (b). **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 th e size of the aircraft and the requirements contained in the DJ I Owner’s Manual for
maintenance and use of safet y check lists 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 th e Aircraft.**  Section 91.9 (b) (2) provides: No person may

operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approv ed airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. The sUAS, 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. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immed iate access to it. The FAA hasissued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot i n command to take certain actions before flight to insure the
safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safet y will be provided as set forth in DJ I Phantom Owner’s manual along with the applicant’s 20+ years of experience flying radio
controlled aircraft without incident. The PI C will take all actions including 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 aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual
controls.
sUASs and remotel y piloted aircraft, b y their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the
aircraft via radio communications. The F AA has approved exemptions for flight training without fully

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 provided b y the fact that ne ither a pilot nor passengers will be carried in the aircraft and b y 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 helicopte rs to be operated at less than the minimums 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 sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL , an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. Itwill however be operat ed in a restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The sUASs are equipped with telemetry back to the operator. Telemetry includes altitude,
vertical and horizont al ground speed, direction and distance from operator. The equivalent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the
propert y own er 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 weightin g far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presentl y presented with conventional aircraft used in photograph y for Real Estate and Business. In addition , the low

- altitude operations of the sUAS will ensure separation between these small

- 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 sUAS may not have a barometric altimeter,but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the
altitude of the launch site shown on the GPS altitude indicator befor e flight.

1 **4 C.F.R. § 91.151(a): Fuel Requirements for 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 enoug h 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 fl y after that for at least 45 minutes.” The battery

powering the sUAS provides a pproximately

25 minutes of powered flight. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in day lig ht or night VFR
conditions is reasonable. Ap plicant 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 small UAS, in a tightly contro lled area where only people and propert y owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the t ype of risks that Section 91.151(a) was intended to alleviate given the s ize and speed of the small UAS. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** The regulation provides in p ertinent 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 airworthi ness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 lbs 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 sUAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control

p oint where the pilot fl yi ng the sUAS will have immediate access to them, 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, 966 5, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 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 onl y to aircraft with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the manufacturer’s flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry

a small pay load and operate onl y in restricted areas for limited periods of time. Ifmechanical issues arise the UAS can land immediat ely and will be operating from no higher than 400 feet AGL. As provided in the Owner’s Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance. Moreover, the operator is the person most fam iliar with the aircraft and best suited to maintain the aircraft in an
airworth y condition to provide the equivalent level of safet y. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be det ermined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.40 5 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture and television operations. Approval of exemptions allowing commercial operations of sUASs will enh ance safet y b y reducing risk. Conventional aerial photograph y/videograph y operations use jet or piston powered aircraft. Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminat es virtually all of that risk given the reduced mass
and lack of combustible fuel carried on board. The sUAS is carried to the film location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the
risks associat ed with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safet y supporting the grant 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, and in a sterile environment and, as a result, are far safer than conventional operations
condu cted 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

owner’s prior consent and knowledge. Photographs will be of people who have als o consented to being photographed or otherwise have agreed to be in the area where photography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national securit y

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the aerial photograp y industry.

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