## Photobird LLC

2494 S Hi Dry Circle

Coalville, UT 84017
970.404.0963 robscholdan@gmail.com



### March 5, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Photobird, LLC (the operator) and Robert Scholdan and Jerral Rydman (the applicants and co-owners) hereby apply for an exemption from Federal Aviation Regulations (FARs) detailed below to allow for commercial operations of a DJI Phantom 2 four rotor UAS with an attached DJI H3-3D Gimbal Mount holding a GoPro Hero 3 (Phantom2) for the purpose of aerial photography and video for a variety of industries.

As the Reform Act allows the FAA to “establish requirements for the safe operation of such aircraft systems in the national airspace system”, Photobird’s use of the Phantom 2 will provide the following benefits and enhance or provide an equivalent level of safety.

1. The Phantom 2 has a maximum takeoff weight of less than 3 pounds and thus offers a lightweight, small and compact video platform compared to manned aircraft.

2. Jerral Rydman, co-applicant, a licensed FAA pilot with a Commercial grade pilot certificate will be the PIC (Pilot in Command) of all of Photobird’s Phantom 2 operations.

3. The Phantom 2 offers significant safety, noise, emission, security and environmental benefits not available to larger manned aircraft.

4. The Phantom 2 has numerous safety features such as Failsafe mode, automatic landing should signal between PIC and UAS be interrupted, GPS based altitude and distance locks, Flight Limits function and low battery warnings. We feel that these features addressed in more detail below and in the Phantom 2 User Manual provide an equivalent level of safety.

5. The PIC, Jerral Rydman with his Commercial grade pilot certificate and the Visual Observer (VO), Robert Scholdan with his Known Traveller Number and Global

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### Entry Card have been vetted by the Transportation Security Administration (TSA) and pose no threat to national security.

6. Operations utilizing the Phantom 2 will provide a benefit to the general public and serve the public interest by providing the service of aerial photographic images and video to numerous businesses and individuals for considerably less than the previously only available option of utilizing manned aircraft at an equivalent level of safety.

**The Aircraft, Operations and an Equivalent Level of Safety**

1. The safe operation of the UAS will be the first priority before, during and after every operation.

2. The UAS pilot will be an FAA licensed commercial grade airman and will be considered the PIC wether flying or supervising and will be responsible for the safe operation of the UAS at all times.

3. The DJI Phantom 2 has a maximum takeoff weight of 1300 grams or approximately 2.9 pounds. It has a diagonal length of 350mm and a maximum speed of 15 meters per second.

4. The UAS utilizes GPS location and is controlled by a 2.4 GHz transmitter.

5. All UAS operations will be conducted at Visual Line Of Sight (VLOS) at no more
than 400 feet AGL.

6. No UAS operations will be conducted within 5 NM of an airport.

7. No UAS operations shall occur over densely populated areas, large assemblies of people, stadiums, government buildings, power lines, or major roads.

8. All nonparticipating persons shall be a minimum of 500 feet from the UAS.

9. If a nonparticipating person comes within 500 feet of the UAS, flight operations will cease immediately.

10. All UAS operations shall take place during daylight hours under conditions equivalent to Visual Flight Rules (VFR) with the UAS no more than 3/4 NM from the
PIC.

11. All UAS operations will have a PIC and a Visual Observer (VO) present and all operations will be within line of sight (LOS) of the PIC and VO.

12. The UAS will yield to all manned aircraft at all times.

13. All required permits and permissions will be obtained from local and state government should they be required.

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### 14. A pre-flight inspection by the PIC will be performed prior to each flight to assure that the UAS is safe for flight. A post-flight inspection will also be performed as an added level of safety. An aircraft check will also occur after every two hours of flight. See Appendix B for aircraft checklist.

15. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any condition that could pose a hazard to any other aircraft or structure or person on the ground.

16. Prior to all UAS operations a pre-flight meeting will be held by the PIC to determine the parameters of flight in a given location, any hazards present, weather conditions, safety procedures at the specific location and approximate duration and route of flight.

17. The PIC will have accumulated and accurately logged a minimum of 25 hours total time as a UAS rotorcraft pilot with a minimum of 10 hours as a UAS pilot with a multi-rotor UAS and 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption.

18. The Phantom 2 UAS will utilize GPS location, auto return home and will never be operated at below 20% batter capacity.

The DJI Phantom 2 UAS is a small and safe sub 3 pound plastic and composite aircraft utilizing four propellers driven by a 5200mAh, 11.1V, LiPo smart battery with an average flight time of 17-18 minutes. The remote control/transmitter operates at 2.4 GHz. The
aircraft’s software can be calibrated to limit both AGL and distance from the transmitter. The aircraft will automatically return to point of origin or descend in place should signal with the transmitter be lost. The UAS is unmanned, operates at low altitudes, does not run on combustible fuel, has very low decibel level noise emissions and has a small payload capacity and short flight time, thus significantly reducing current risk levels involved with utilizing manned aircraft for aerial photography.

Additionally, past purchasers of aerial photography have had to contract with manned aircraft operations at a significant expense. Photobird’s UAS operations will provide a public benefit in allowing more people to access aerial photography images and video at a significantly lower price and in the process we will be providing that data at a greater or at least equivalent level of safety as compared to similar manned operations.

It is the applicants belief that the small size of the Phantom 2 UAS, the basic operating parameters outlined above, the specific exemptions discussed below, the fully trained, certified and vetted crew and the equivalent level of safety provided at a much lower cost to the general public will allow the FAA to grant an exemption to Photobird LLC for commercial UAS aerial photography operations under the Reform Act of 2012.

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### The exemption requests follow below as well as Appendix A and Appendix B. The DJI Phantom 2 User’s Manual will be sent as a separate attachment.

Sincerely,

Robert Scholdan and Jerral Rydman

Photobird LLC

2494 S Hi Dry Circle

Coalville, UT 84017

970.404.0963

robscholdan@gmail.com

Page of 4 11EXEMPTION REQUESTS 

### AND EQUIVALENT LEVEL OF 

### SAFETY

Photobird LLC, 

### requests an exemption from the following regulations as well 

### as any additional 

### regulations that may technically 

### apply to the operation of the Phantom 2 UAS.

14 CFR 

### Part21, Subpart H: 

### Airworthiness Certificates This part establishes the procedures for the issuance of an airw orthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the UAS operated by the applicant under either or both of the following provisions:

21 .191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development . Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational requirements. As the Phantom 2 UAS also carries no combustible fuel, weighs less than 3 pounds and is constructed primarily of plastics and composites, we propose the UAS is at least as safe, if not significantly safer than conventionally certified aircraft used within similar parameters.

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

Page of 5 1114 CFR 91.203(a) & (b) 

### Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. ”

As the UAS is too small to carry documentation, does not have an entrance and does not carry a crew, we propose the following in order to meet the intent of 91.203 and provide an equivalent level of safety. All documents deemed appropriate by the FAA for this aircraft will be located at the operational ground station for each flight in proximity to the PIC and VO and will be available for inspection on request. In order to identify the aircraft, we propose to use the manufacturers model and production codes located on the aircraft as well as appropriate registration numbers and the telephone number of the manufacturer and Photobird LLC affixed to the aircraft as well. Should the FAA deem appropriate, we will also affix the word “EXPERIMENTAL” in the largest possible lettering given the size of the UAS, as discussed further below.

14 CFR 45.23 

### Display 

### of marks; general and 45.29 Size 

### of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot statio n.

As the UAS does not have an entrance, may not have an FAA assigned registration number and is of such small size, we propose to affix the word “EXPERIMENTAL” in the largest possible lettering appropriate for the aircraft. Additionally, for each operation the ground station will be clearly identified with a banner containing the words “UAS Ground Station” that will be of appropriate size to be seen by any observer of the aircraft operations. The ground station will also have all registration and identity documents relating to the UAS.

14 CFR 91.9 

### Civil 

### aircraft 

### flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft.

Photobird LLC requests an exemption to this requirement as the UAS cannot, given its size, carry the flight manual. To meet an equivalent level of safety, we propose to have the current manufacturers flight manual and the Photobird flight manual at the operational ground station of each flight, available to both the PIC and VO.

14 CFR 91.109 

### Flight 

### instruction; Simulated instrument 

### flight and certain 

### flight

tests. The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls."

The controls for the UAS do not currently have a set of fully functioning dual controls. If a UAS pilot is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training if the need arose.

Page of 6 11This would be similar to the technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel that this technique meets the intent 91 .109 and provides an equivalent level of safety

.

14 CFR 91.119 

### Minimum safe 

### altitudes: General. The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure.



### Since the UAS will be operating at a maximum 400 feet AGL, we cannot comply with this requirement and thus ask for an exemption. In order to provide an equivalent level of safety, we propose the following.

A. The UAS will only be operated within VLOS of the PIC and VO at a maximum range of 3/4 NM from the ground station.
B. A preflight safety risk assessment will be completed prior to each flight to ensure the UAS is in a condition for safe flight and that the planned operation can be completed safely. Photobird’s Flight Manual and Pre-Flight Checklist is included as Appendix A and Appendix B. C. The UAS will not be operated within 5 NM of any airport.
D. The UAS will only operate over private property with the approval of the owner of that property. E. The UAS will not operate over any open air assemblies of people, congested or crowded areas, or within 500 feet of any nonparticipating person.

Overall, we believe that the above restrictions and the UAS’s small size, light weight, low maximum speeds, and high degree of maneuverability and stability combine to provide an equivalent level of safety compared to manned aircraft



### .

14 CFR 

### 9l.l21Altimeter settings. The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft

.
The UAV will always be flying below 400 feet AGL within VLOS of the PIC and VO that will provide separation from terrain, structures and other aircraft. Also, the UAS will continually transmit an AGL reading back to the controller at the ground station and the AGL lock in the UAS’s software will be set to 400 feet, providing an equivalent level of safety.

14 CFR 91.151 Fuel 

### requirements for 

### flight in VFR 

### conditions.
The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes

.
We feel that the intention here is to provide a reserve of fuel to remain aloft should a landing be delayed or the landing point changed. The UAS is smart battery powered and continually transmits battery charge information back to the ground station to be evaluated by the PIC who will return the UAS back to the ground station when the

Page of 7 11battery shows 20% remaining capacity. We feel that this combined with the fact that the UAS will have a maximum range of 3/4 NM from the ground station provides an equivalent level of safety.

14 CFR 

### Subpart E (91.401 

### -91.4171- Maintenance, Preventive Maintenance, 

### and 

### Alterations.
The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection

.
We propose that the PIC perform maintenance and inspection and “be authorized to approve the aircraft for return to service.” As provided for in Appendix A, the PIC will inspect the aircraft prior to every flight to ensure it is in airworthy condition. A maintenance check will also be performed after every 2 hours of flight. Any general maintenance and repair or replacement of components will be completed by the PIC following the manufacturers recommendations and documented in accordance with 91.417. In any case where the UAS cannot be returned to service by the PIC, or is suspected to be unsafe, the UAS will not be operated until returned to all manufacturer specifications. We feel that due to the simplicity, size, robustness and construction of the aircraft. the PIC can assure an equivalent level of safety.

8900.227 

### Paragraph 16(cXa) PIG Medical. 

### and Paragraph 16(eX1) 

### Observer Medical. This policy provides that both the PIC and observer must have a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot or observer

.
We feel that requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. However, in our case, the PIC is a commercial grade airman with the appropriate medical certificate, so we would ask for a waiver regarding the VO’s medical certificate only.

Since the UAV is of small size, unmanned and required to be in VLOS of the PIC and VO at all times and given the highly unlikely scenario of both the PIC and VO becoming incapacitated simultaneously, the PIC’s medical certificate should be sufficient. Furthermore, given the aircrafts auto return home feature and low operating altitude, we feel that the above provide an equivalent level of safety. We propose that the medical requirements for the VO be vision corrected to 20/20 and a valid state issued driver’s license.

Page of 8 11APPENDIX A

PHOTOBIRD FLIGHT MANUAL

FLIGHT PARAMETERS AND RESTRICTIONS

A. The PIC will be an FAA licensed airman with a Commercial Pilot certificate and

associated medical certificate or the UAS pilot will be directly supervised by an FAA

licensed airman with a Commercial Pilot certificate and associated medical certificate.

B. The PIC will have accumulated and logged a minimum of 25 flight hours as a UAS

rotorcraft pilot and a minimum of 10 hours logged as a UAS pilot with a multi-rotor UAS

and 5 hours as a UAS pilot operating the same make and model of UAS to be used for

operations under the exemption. A current logbook of all training flights and all flight

operations will be at the ground station during all operations.

C. All flights will occur in FAA Class G airspace at no more than 400 feet AGL and no further

than 3/4 NM from the PIC.

D. All operations will utilize a PIC and VO with the PIC and VO able to communicate verbally

at all times.

E. All operations will occur only during daylight hours and in weather conditions equivalent to

VFR.

F. All operations will occur at VLOS from the PIC and VO.

G. The PIC and VO will have a pre-flight meeting at the site of the operation just prior to the

flight to assess weather, area of operation, topography, flight time, route, hazard

mitigation and overall operational and safety parameters. Also during this meeting, the

pre-flight aircraft checklist (see Appendix B) will be implemented.

H. No flight operations shall occur within 5 NM of an airport, nor shall flight operations occur

over open assemblies of people, congested roadways, densely populated areas, air

shows, or other restricted areas.

Page of 9 11I. The UAS will always operate at a minimum of 500 feet from any nonparticipating (nonessential flight personnel) persons and UAS operations shall cease should a

nonparticipant be closer than 500 feet to the UAS.

J. All operations will be conducted over private property with the full permission of the

property owner and the property owner will be briefed as to the flight parameters.

K. Flight planning will include the termination of the flight with 20% battery remaining, as

determined by the data link between the UAS and ground station.

L. The UAV will at all times give way to manned aircraft.

M. Prior to every flight, a highly visible banner with the words “UAS Ground Station” will be

placed at the site of the ground station to allow an outside observer to determine the

location of the UAS’s origin and command point.

N. All permits required by state and local governments will be obtained prior to any

operations.

O. No flight operations will occur without a successful pre-flight inspection by the PIC before

each flight to determine that the UAS is in a condition for safe flight.

P. At the conclusion of each flight a post-flight inspection will be done to assess the

condition of the UAS.

Q. A full pre-flight check of the aircraft will be performed after every 2 hours of flight.

R. Replacement of parts shall only be done according to manufacturer’s instructions.

S. All flight operations will be logged in a flight logbook.

T. All maintenance done and inspections performed will be lodged in a maintenance log.

U. Check for software updates weekly and upload to UAS as needed to continually keep the

UAS software as current as possible.

Page of 10 11APPENDIX B

PHOTOBIRD PRE-FLIGHT AIRCRAFT CHECKLIST

1. Inspect all propellers for proper tightness and that they are free of cracks, dings, chips

and excessive wear.

2. Review Photobird Flight Manual.

3. Review manufacturer’s user manual.

4. Inspect all wiring and motors.

5. Inspect the airframe for cracks or damage.

6. Inspect battery voltage of UAS on-board battery and Remote Controller/Transmitter

battery to ensure there is sufficient energy in both systems for safe flight.

7. Recalibrate compass according to manufacturer’s instructions.

8. Always turn on Remote Controller/Transmitter before turning on UAS battery.

9. Ensure that a link between Transmitter and UAS is established and that GPS link is

established.

10. Engage throttle, lift aircraft off the ground and verify the aircraft responds properly to all

inputs and hovers accurately.

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