AERIALIMAGERY LLC 2645 New Haven Blvd Navarre, FL32566 slfoster72@hotmail.com (850) 572-5805 July 9,2015 USDepartment OfTransportation
Federal Aviation Administration 800 Independence Ave SW Washington DC20591

Dear Sir or Madam:
Pursuant to Section 333 ofthe FAAModernization and Reform Act of 2012(the reform act) and CFRPart 11, AERIALIMAGERY LLC,owner and operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the Federal Aviation Regulations (FAR) listed below so that AERIALIMAGERY LLCmay operate UASscommercially in airspace regulated by the FAA., as long as such operations are conducted within and under the conditions outlined herein or as maybe established by the FAAas required by Section 333.
AERIALIMAGERY

LLCis owned by Scott Foster. Scott Foster is in possession ofa valid Florida driver's license. Scott Foster possesses a valid commercial pilot's license (certificate number 285689879), has been a rated aviator since 1997, and will be the PIC.Alltraining ofadditional pilots will be conducted by Scott Foster. All operations will be performed with the public's safety and right to privacy safeguarded at all times.
As described below, the requested exception would permit the operation of lightweight (less than 55 lbs. total takeoff weight) UASsunder controlled conditions for commercial use by a certified private pilot thereby enhancing safety and fulfilling the Secretary ofTransportation's (the FAAAdministrator's) responsibility to "establish requirements for safe operation of such aircraft systems in national airspace systems." Section 333(c), ofthe Reform Act.
AERIALIMAGERY'sUASsare rotorcraft weighing less than 55 pounds including payload (The Inspire 1 Quad Copter). They operate at a speed less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. They have an auto return to launch point when battery power is under 25%. The UASwill operate within the line of sight within a protected flight area as described below and at 200 feet AGLor less with an observer located close at hand as to make voice communication possible.


# I IThese operations will not create a hazard to users ofthe nation airspace, public nor

the environment.
AERIALIMAGERY

LLCrespectfully requests the grant ofan exception to the following specific sections ofthe Title 14 Code ofFederal regulations allowing it to operate lightweight UASsfor commercial use, 14 CFR21, subpart H, 14 CFR45.23 (b) 14 CFR91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109,91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b).
AERIALIMAGERY

LLCsubmits this application in accordance with the Reform Act ,112 P.L.95 331h 334, seeking relief from any currently applicable FAR'S operating to prevent AERIALIMAGERY LLCfuture commercial use of small UASsto operate in the national airspace system as described below. The reform Act section 332 provides for such integration ofcivil unmanned aircraft into our national airspace system as it is in the public's interest to do so. AERIALIMAGERY LLC'sUASsmeet the definition of "small unmanned aircraft" as defined in Section 331 and therefor the integration ofthese UASsare expressly contemplated by the Reform Act. AERIALIMAGERY LLCwould like to operate its light weight UASsprior to the time period by which the Reform Act requires the FAAto promulgate rules governing such aircraft.
The Reform Act directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before completion ofthe rule making required under Section 332 ofthe reform Act. In making this determination, the Secretary ofTransportation is required to determine which UASsdo create a hazard to users ofthe national airspace system or the public or pose a threat to national security in light ofthe following: The UASssize, speed, weight and operational capability Operation ofthe UASsin close proximity to airports and populated areas Operation ofthe UASswithin visual line of sight ofthe operator Reform Act 333(a). Ifthe secretary determines that such vehicles "may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace.
AERIALIMAGERY'sUASsare rotorcraft weighing less than 55 lbs. and they operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UASswill operate only within the line of sight ofthe operator within a protected flight area and at 200 feet AGLor less. These will not present a hazard to the national airspace nor the public.The very small nature ofthese UASscombined with the safe guards

presented below, will allow for the safe operation greater than that envisioned by Congress for the FAAto establish and by exemption allow commercial operations of UASsto commence immediately. Also due to the size ofUASsand the areas and altitudes they will operate approval ofthis exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through our rigorous risk management process. Given the clear direction given in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level ofenhanced safety, reduced emissions utilizing UASsverses traditional aircraft as well as the economic impact ofgreatly reducing the cost ofaerial photography thereby benefiting the greater public's interest. Accordingly, the applicant requests that the FAAgrant the requested exemption without delay.
The following will be considered as the binding limitation on operations of AERIALIMAGERY

LLC:
1. Flights will only occur in the daytime hours or in well lit, large stadiums (football). 2. Flights will be operated in the line of sight ofthe operator (PIC) and Observer(VSO). 3. Flights will be terminated at any time weather and wind deteriorate to "unsafe for flight" by manufacturer's recommendations. 4. The UASswill weigh less than 55 lbs. 5. Flights will be operated at 200 feet AGLor less. 6. Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO). 7. Operator and crew will remain in contact during the flight operation. 8. The UASsoperator will perform a check ofthe flight area and make certain ofthe safety ofall persons in the area. 9. When prudent, consent will be obtained from all persons with in the video capabilities ofthe units to further reduce the chance ofviolating anyone's privacy. 10. All required FAAclearances, will be obtained and distances from airports strictly observed. 11. All UASswill have the capability to return automatically to the operator in a safe manner with the auto return function checked and working. 12. Flights will only operate in VFRconditions. 13. UASshave a function on the control to tell operator the distance away from the operator and its battery power remaining. 14. Flight team will communicate by voice and the use oftwoh way radio ifthe area is too big to hear voice from all team members. 15. UASswill be used to photograph and record video for real estate ventures, private outings and functions, sporting events from a safe distance, local government bridge and pier inspection and shark surveillance. 16. When operating over or near water the UASswill be equipped with flotation devices so that recovery can be made as to prevent lithium battery exposure to the water table.14 CFRpart 21 Subpart H: Airworthiness Certificate 14 CFR91.7(a), 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR91.203(a)(1). The size, weight and defined area ofoperations for AERIALIMAGERY LLCUASsflights permits exception from Part 21 because they meet an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAAis authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC4470(f) and Section 333 ofthe Reform Act. Both pieces oflegislation permit the FAAto exempt UASsfrom airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. AERIALIMAGERY LLCmeets or exceeds each ofthese elements.
As ofMarch 23, 2015 the FAAhas stated that it will automatically grant a "blanket" CGAfor flights at or under 200 AGLto any UASsoperator with a section 333 exemption.
14 CFR91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at AERIALIMAGERY LLCoperations center. 14CFR91.7 (a) prohibits the operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR's, this regulation is inapplicable.
14 CFR91.9(b) (2) CivilAircraft Flight Manual in Aircraft
14 CFR91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASsthis regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrations at AERIALIMAGERY LLCoperations center.

The FAAhas previously issued exemptions to this regulation in Exemptions No's 8607,8737,8738,9299,9299A,9565,9565B,10167,l0167 A,l0602,l0700 and 32827.
14 CFR91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. AERIALIMAGERY LLCwill only operate its UASsat or below 200 feet AGL.They will be operated in a wellh defined area that has been carefully reviewed for hazards and minimizes the presence ofany persons not essential for these operations. Compared to flight operations ofconventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGLwith flammablefuel UASsoperations present a far smaller risk to the public. Approval ofthese 333 Exemptions allowing commercial operations of small UASsin the service ofaerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity ofpopulated areas and people in general. With the use of small UASsof 55 lbs. or less, battery operated and fling below 200 feet AGL,the risk ofinjury to people on the ground or the crew has been reduced or eliminated. The granting ofthe use ofthese small UASsby AERIALIMAGERY LLCwill give realtors a comprehensive tool for sales and property jland developers an efficient and cost effective means to monitor and evaluate progress, from overhead, spanning large areas. AERIALIMAGERY LLCwill be a video recording source for families. Families will have the ability to have their special occasions recorded from a 3 dimensional perspective. Additionally, AERIALIMAGERY LLCwill provide the local government a safe and cost effective means for the of conducting bridge and pier inspections and conduct shark surveillance. Granting AERIALIMAGERY LLCthe above exemption will facilitate the development and growth ofa local small business, providing an undetermined amount oflocal jobs. Through safe operations and consideration ofprivacy, AERIAL IMAGERY

LLCwill provide a positive image and guidance in the implementation and use of UASsinto the future.
AERIALIMAGERY

LLCrespectfully requests the FAAgrant its exception without delay. The FAAhas the authority to issue the exemption sought by AERIAL IMAGERY

LLCpursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincere~

_

sco~ /
AERIALIMAGERY

LLC 2645 New Haven Blvd Navarre, FL32566 slfoster72@hotmail.com 

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