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U.S. Department of Transportation

800 Independence Ave., S.W.

Washington DC 20591

Federal Aviation administration

June 7th, 2015

Exemption request

By,

Mr. Jacob Cole Haddan

AirVideo Inc

PO Box 370746

Denver CO 80237

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain parts of the FARs.

Dear Administrator: Pursuant to Section 333 of the FAA Modernization and Reform Act o f 2012 (the Reform Act) and 14 C.F.R. Part 11, Jacob Cole Haddan, a professional photographer, hereby app lies foƌ aŶ edžeŵptioŶ fƌoŵ the listed Fedeƌal AǀiatioŶ RegulatioŶs ;͞FARs͟Ϳ to alloǁ hiŵ to opeƌate a sŵall UŶŵaŶŶed AiƌĐƌaft “LJsteŵ ;͞sUA“͟Ϳ uŶdeƌ the ĐoŶditioŶs aŶd liŵitatioŶs set forth in this Petition. The requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, and (3) wo uld provide safety enhancements to the already safe news gathering operations presently using manned helicopters and airplanes in Colorado. Approval of this exemption would thereby enhance safety and fulfill the FAA AdŵiŶistƌatoƌ’s ƌespoŶsiďilities to ͞...estaďlish ƌeƋuiƌeŵeŶts foƌ the safe op eration of such aircraft sLJsteŵs iŶ the ŶatioŶal aiƌspaĐe sLJsteŵ.͟

Section 333(c) of the Reform Act. The name and address of the applicant is: Mr. Jacob Col e Haddan AirVideo Inc PO Box 370746 Denver CO 80237 720-210-7898 Email : jacob@jacobdenver.com
Addre ss: 370746 Denver CO 80237 Regulations from which the exemption is requested: 14 CFR Par t 21 14 C.F.R. § 45.23(b) 14 CFR § 61.3 14 C.F.R. § 91.7 (a) 14 CFR § 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 CFR § 91.151 (a) 14 CFR § 91. 203 (a) & (b) 14 CFR § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 1 4 CFR § 417 (a) & (b) 3 The Appendix describes the FARs from which an exemption is requested and summarizes the justifi ĐatioŶ foƌ eaĐh ƌeƋuested edžeŵptioŶ. The PetitioŶ is suďŵitted to fulfill CoŶgƌess’ goal uŶdeƌ Section 333(a) through (c) of the Reform Act, which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act.2

In making this determination, the Administrator must determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UA“’s size, ǁeight, speed, aŶd opeƌatioŶal ĐapaďilitLJ;

• OpeƌatioŶ of the UA“ iŶ Đlose pƌodžiŵitLJ to aiƌpoƌts aŶd populated aƌeas; aŶd

• OpeƌatioŶ of the UA“ ǁithiŶ ǀisual l ine of sight of the operator.

Reform Act § 333 (a). If the Administrator deteƌŵiŶes that suĐh ǀehiĐles ͞ŵaLJ opeƌate safelLJ iŶ the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national aiƌspaĐe sLJsteŵ.͟ Id. § 333;ĐͿ ;eŵphasis addedͿ. The “eĐƌetaƌLJ has delegated his aviation authority to the Administrator of the FAA. The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined und er §40101 of the Act, which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702- 44716 of the Federal Aviation Act if Administrator finds the exemption in the public interest. 4 9 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). The petitioner is a professional contract photographer, who earns his living as a contract photographer for clien ts in Colorado. He has thus become familiar with both ground-based and aerial news photography ov er the course of several years. The wide availability of small Unmanned Aircraft Systems, also known as ͞ŵiĐƌodƌoŶes,͟ Đapaďle of ĐaƌƌLJiŶg high -quality video cameras and priced at affordable levels intrigued the petitioner. His entire professional career has involved exploring new technologies and adapting them to capture good imagery to inform the public. In December 2013, I bought a Bla de 350QX and a GoPro camera and has flown it for total of 100 hours over remote areas of the Rocky Mou ntains for recreational purposes, exploring the potential and the limitations of its video subsystem. He is pleased with the quality of the imagery captured and has edited it into a number of photographic vignette s that meet his high standards for technical quality and artistic merit. Now, a number of people, some pƌofessioŶal Đolleagues aŶd soŵe stƌaŶgeƌs, haǀe heaƌd aďout PetitioŶeƌ’s aĐtiǀities aŶd haǀe seeŶ t he results and are pressing Petitioner to undertake additional microdrone photography for co mpensation. He has been advised by counsel that this is not now permissible unless he obtains special permission from the FAA. Many competitors of Petitioner are actively flying sUAS to conduct aerial ph otography for ĐoŵŵeƌĐial puƌposes, ŶotǁithstaŶdiŶg the FAA’s stated pƌohiďitioŶ. He also Ŷotes aŶd has ƌ ead the congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 20 12 that the FAA move quickly to accommodate the economic and societal benefits that can result from widespread deployment of sUAS technology. Accordingly, Petitioner applies for authorization under the Federal Aviation Act, and the FARs rules to undertake the following activities for commercial p urposes. Unless the Petition is granted, Petitioner will be at a significant competitive advantage if he, as he prefers, complies with FAA policy.

Vehicle The Petitioner will fly a DJI Phantom 3 equipped with a three-axis gimbal and manufacture installed camera. This vehicle has built in capability to limit the height it flies abo ve the ground, to limit the radius of this distance it flies from the operator, and to exclude it from class B, C, 5 and D ai rspace. The vehicle also has the built-in capability to return to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of the height, radius, or airspace lim itations programmed into it. The vehicle weighs about five pounds empty and has a maximum gross weigh t of3

approximately twenty pounds. It has a top speed of about 30 knots. It has four fixed pitch rot ors, thrust fro m which is varied by changing RPM. It is powered by a lithium polymer battery. Flight profiles The petitioner will program the Phantom 3 so that it will not fly above 400 feet above ground level, or more than 1500 feet away from him. He will carefully preflight the vehicle before each mission to assure tha t its compass and GPS system are properly calibrated and that the return- to -home feature, altitude, and radius limitations work. He will operate it on aerial photography missions only in the early morning hours and other times when few people are out and about. He will operate it only over largely unpopulated areas where the potential of uncontrolled descent to cause injury or damage is low He will not operate it in controlled airspace. In the unlikely event that a manned aircraft flies below 400 f eet AGL where the petitioners operating his Phantom 3, he will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft. More particularly, the Petitioner will fly the P hantom 3 only over th e following types of areas in Metropolitan Colorado :

 Over Rocky Mountains, outward to the east

 Over open water in marinas and rivers

 Over lines of railroad and rail classification yards

 Over expressways

 Over nonresidential and noncommercial large-scale industrial areas

 Over private property when he has been commissioned by the person in legal possession of the property to do so

 Over breaking news events subject to the following special limitations: He will retain a professional news helicopter pilot as a special consultant and undertake a period of ground traini ng with that special consultant to understand the rules of thumb that ENG helicopter pilots follow to c oexist safely with, and to provide occasional help to, law-enforcement and other public safety agencies. He will undertake a period of at least six hours flight training with the ENG pilot consultant to ensure that the
Pe titioner is proficient in anticipating and responding to situations over breaking news events that might interfere with the safe flight of police and other public safety helicopters, with ground opera tions, or with manned aircraft. The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security. The Petiti on justifies grant of the requested exemptions allow the Petitioner to obtain aerial photography w ith his
microdrone.

Respectfully submitted,

Jacob Cole Haddan4 

# Appendix

FAR section Subject Justification
14 CFR § 45.23(b) Requirement to display registration number on vehicle Insufficient space on vehicle

14 CFR Part 21 Aircraft certification requirements and procedures Designed for manned aircraft; not suitable for off-the-shelf sUAS
14 CFR § 61.3 Requirement for pilot certificate Part 61 requirements designed for manned aircraft, not sUAS; petition describes training for sUAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; not suitable for off-the-shelf sUAS
14 CFR § 91.9 (b) (2) Requirement for manual to be available in the cockpit No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew members to be onboard Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls during flight
instruction No one aboard to operate controls

14 CFR § 91.119 Minimum altitudes for safe flight Safety requires operation below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read altimeter
14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel5

14 CFR § 91.203 (a) & (b) Requirement for registration and airworthiness certificates to be onboard No one aboard to read certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read
requirement instruments

14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load; will be operated below ATC radar
coverage
14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; not suitable for off-the-shelf sUAS
14 CFR § 91.407(a) (1) Inspection approval requirements Designed for manned aircraft; not suitable for off-the-shelf sUAS
14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; not suitable for off-the-shelf sUAS
14 CFR § 91.417 (a) & (b) Maintenance records requirements Designed for manned aircraft; not suitable for off-the-shelf sUAS