**Via the online Federal Docket Management System (FDMS)**

June 14, 2015 United States Department of Transportation Federal Aviation Administration 800 Independence Ave, SW Washington, DC 20591 **Re: Exemption Petition under Section 333 of FAA**  **Modernization and Reform Act**  Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public L aw 112
- 95 ) , and 14 C.F.R. 11.81, Iam requesting a Section 333 exemption authori zing my compan y’s commercial use of small unmanned aircraft s ys tems (UAS) in the National Airspace (NAS). This request contains six major sections: (1) proposed operator identifying information and planned commercial use of unmanned aircraft (UA) ; (2) specifi c information on the UA platform I intend to use ; (3) specific information on the pilot
- in
- command (PI C) for m y intended use ; (4) specific information on the operating parameters for all UA flights ; (5) a statement on why an exemption will benefit the public as a whole; and ( 6 ) a detailed list of Title 14 C.F.R. provisions that Iseek an exemption from. Section 1

– Proposed operator and planned commercial use of the UA My name is Mark Garrison, and I am the owner of Audio Video Installation , LLC, 507 7 th Street, Shenandoah, Virginia 22849 . M y e - mail is mark@audiovideoinstallationsinc.com
. I have an extensive background using UA S . I have been a remote control enthusiast for approximately twent y - five ye ars. I have hundreds of recreational flying hours with both unmanned helicopters and quadcopters. I own and recreationall y fl y several variants of the Blade CFX series helicopter, and I also build and maintain my own helicopters and quadcop ters. I am also familiar with, and have flown, the DJ I Phantom. I am an electronic technician b y trade, with a vast knowledge of electronics and software, including the hardware and sof tware sy stems used to operate a UA. I am requesting this exemption in order to provide aerial photograph y services in the following areas: real estate marketing; commercial advertising/marketing; construction/utility inspections; and agricultural survey s/inspections. Ialso intend to provide academic community awareness about the safe and proper use of a UA , both recreationall y and commercially. The region I live in, the Shenandoah Valley , is predominantly rura l and agricultural, but is experiencing strong economic growth in its seven counties and five independent cities
. Based on my interaction with numerous commercial clients in the region, I know that many of them are 

# A **UDIO** 

# V **IDEO** 

# I **NSTALLATIONS**looking for the aerial photograph y s ervices I intend to provide. Currentl y, the only options for

these businesses are cost
- prohibitive manned aircraft or an unauthorized commercial use of a UA. I intend to fill this community need for commercial UA aerial photography with trained and certified individuals, as explained in more detail in the following sections. Section 2

– The UA Platform For the purposes of this exemption request , Iintend to use a DJ I Phantom 3. The FAA has previousl y approved exemptions for the Phantom 2 ( Exemption No. 11373, No. 11384), Phantom 2 Vision (No. 11373, No. 11457), and Phantom 2 Vision Plus (No. 11300, No. 11138). The Phantom 3 is the newest version of these platforms. It weighs approximately 2.8 pounds and offers the following features: GPS location capability , a “Return to Home” feature that can be triggered manually

or automatically activate if the UA loses communication with the PI C or detects a low battery , the ability to provide “live view” to the PIC, a 2.4 GHz working frequency , a max speed of approximately 31 knots (35 mph), and approximately 23 minutes of flight time per batte ry . Further information on the Phantom 3 can be found in the enclosed Phantom 3 U ser M anual. Section 3

– The PIC of the UA One of m y emplo yees, Jordan Robison, possesses a private pilot’s license (# 2734195 ) and third class medical certificate, copies o f which are enclosed with this petition . Mr. Robison has over 157 hours of flight experience with 433 VFR take
- offs and landings. Mr. Robison will be the PI C for all flights until Iam able to obtain a recreational or private pilot’s license. Based on m y experience with operating UA , I believe that additional training is required before a PI C can safel y operate a UA. I have therefore conducted recreational familiarization and training flights with Mr. Robison on both the Ares Spectre X UA and Helimax 230Si quadcopter UA platforms . Using two different s ys tems provides a variety of different situations that greatl y increas es a PIC’s proficiency in UA operati ons. The Ares Spectre X does not contain GPS stabilization, which requires adv anced PI C proficiency
. The PIC must demonstrate the ability

to perform evasive and emergency procedures, and maintain appropriate standoff distances from persons, vessels, vehicles and structures. All commercial training with the Phantom 3 will be conducted in acc ordance with the operating parameters listed below. Section 4

– UA Operating Parameters To ensure safe operation of UA in a commercial manner, I intend to use the following “Operating Parameters” for all commercial uses of UA under this requested Section 333 exemption :  At all times o I, as the “operator” under the requested exemption, will be responsible for the proper performance of all of the below listed conditions, inc luding confirmation that the UA is safe to operate.o Any Phantom 3 used under a granted exemption will be marked with serial number (14 C.F.R. part 47) and an identification number, or N
- number (14 C.F.R. part 45, Subpart C).  Pre
- flight o Mandatory

training for the PI C on a UA and the Phantom 3. There will be n o commercial use of the P hantom 3 until PI C has ten hours of UA flight time that includes three hours of Phantom 3 flight time. o Mandatory

training of the visual observer (VO). The VO must have ten hours of non
commercial UA flight time that includes three hours of Phantom 3 flight time. o Functional flight checks more than 500 feet from people or structures following any maintenance or alteration to the UA. o Pre
- flight checklist:  Ensure required maintenance is conducted, and recorded, in accordance with Phantom 3 User’s Manual. Verify no new Safet y Bulletins for the Phantom 3.  Conduct a site visit to determine an y risks to safe operation of the UA , and r eview the weather forecast
.  Do not fly the UA if winds exceed 15 mph. Do not fly the UA less than 500 feet below or less than 2 000 feet horizontally from a c l oud , or when visibility is less than 3 statute miles from the PI C.  Ensure PI C possess es s igned permission forms from property owners of any structures , vessels, or vehicles within 500 feet of the UA flight.  The PI C and VO wil l be designated in writing in a flight event log
.  Ensure user’s manual, training and maintenance logbooks, exemption approval, and applicable COAs are taken to flight location
.  The UA must have a 100% full battery , with a spare battery available. o For flights within five miles of an airport, the PI C will notify the airport and seek permission prior to the flight.  Flight o All flights will be controlled by a PI C with private pilot’s license and medical certificate. All flights will also have a VO. The VO and PI C will be in visual line of sight (VLOS) with each other and the UAS at all times. Once designated, a VO and PI C cannot transfer duties or designation during a flight. The PIC will not operate the UAS from a moving vehicle. o Signs will be posted th at say “ Caution

– Unmanned aerial vehicle in operation. Stay 100 feet from aircraft.” o The UA will not be operated at speeds above 15 mph. Most flight s will be at speeds significantl y lower than 15 mph, or at a hover, to capture suitable imagery. o No flights will be over 400 feet AGL; I believe the v ast majority of flights will be below 200 feet AGL. o All flights will be conducted during day time hours. o The PI C will not operate the UA within 500 feet of non
- participating persons, vessels, vehicles, or structures unless the owner of such vessel, vehicle, or structure grants permission and the P IC makes a specific finding that operating with in the 500 feet limit does not pose an undue hazard.o If communication is lost with the UA , it will automatically ex ecute its Return to Home feature. If the PI C encounters an unexpected condition that creates an unsafe operating environment, the PI C will manuall y trigger the Return to Home feature. o If the UA reaches a battery level of 20%, the PIC will end the flight. o The PI C will cease flight operations if he encounters manned aviation activities at the scene.  Post
- flight o Lo g flight data in PI C logbook. o Lo g hours and flight data in the UA log book. o Review flight telemetry in Phantom 3 software application. o Perform an y required maintenance. Section 5

– Benefit to the Public as a W hole The requested exemption will benefit the public as a whole in three way s. First, I will be able to provide sought
- after services that will help facilitate economic growth with minimal risk to the community . Manned aircraf t, including helicopters, weigh significantly more than a UA, and carry crew members and large fuel loads. Any failure of mishap involving one of these aircraft could be catastrophic and put many lives at risk , as well as cause significant environmental damage . A UA can accomplish this same aerial service with a shorter flight duration (take
- off and landing at the scene of the image capture) , a much reduced distance traveled, and significantly less risk of catastrophic injury due to its size and lack of combustible fuel . Second, UA
- based aerial imagery can be provided at a significantl y reduced cost to consumers, especiall y small businesses and farmers, compared to the rental of a manned aircraft. Third, because there are very few to no businesses operating with Section 333 exemptions in this region, I would be able to share lessons learned about the commercial operation of UAs with local commerce support groups and UA enthusiasts. Section 6

– Requested exemptions Following is a list of relevant rules I request an exemption from, along with how I will provide an equivalent measure of safety:  14 C
. F
. R
. Part 21

– Airworthiness Certificates o I request relief from the aircraft certification procedures in 14 C
. F
. R
. Part 21, and any associated noise certification and testing requirements of part 36. The UA I intend to operate does not carry fuel, property

or passengers. The UA’s size, weight, speed, limited operating area, and the conditions and limitations that wo uld be present in a granted exemption will provide an equivalent level of safety under Section 333 of P.L. 112
- 95 , 49 U.S.C
. § 44701(f), and 49 U.S.C. § 44704.  14 C
. F
. R
. 61.23(a) and (c) o This subsection requires a private or recreational PI C to possess a third
- class medical certificate. Initially , this requested exemption will not be needed because my PI C possesses a third
- class medical certificate, but I intend to appl y for a recreationa l pilot’s license so I can also act as the PI C. The FAA has previously determined that a recreational pilot can safel y perform commercial operations ofthe ty pe I am requesting without a third
- class medical certificate if he possess es a valid U.S. driver’ s license . See Exemption No
. 11213 (Aeryon Labs).  14 C.F.R. 61.101(e)(4) and (5)

– Recreational Pilot Privileges o These subsections prohibit a recreational pilot from acting as a PI C “for compensation or hire” or “in furtherance of a business.” Initially , this requested exemption will not be needed because m y P IC has a private pilot’s license, but I intend to apply

for a recreational pilot’s license so I can also act as the PIC. The FAA has previousl y determined that a recreational pilot can safel y perform commercial operations Exemption No. 11213 (Aeryon Labs).  14 C.F.R. 61.113(a) and (b)

– Private Pilot Privileges o This regulation limits private pilots to non
- commercial operations. M y UA will not carry a crew, passengers, or propert y and weighs significantly less than a manned aircraft , and thus carries much less risk to the public. T he risks addressed by this regulation can met with an equivalent or better level of safety through the use of the Operating Parameters identified in this petition. The FAA h as previously

determined that a private pilot can safely perform commercial operations of the type I am requesting , without adversel y affecting operations in the NAS, in E xemption No s . 11300 (Extreme Media Productions) and 11062 (Astraeus Aerial).  14 C.F.R . 91.7 (a)

– Civil Aircraft Airworthiness o This regulation requires an aircraft to have an airworthiness certificate. I believe this regulation is inapplicable to UAS, which do not have standards for airworthiness in the FARs. The preflight checks and O perating P arameters identified in this petition request will provide an equivalent level of safety. The FAA has previousl y affirmed an e xemption to this requirement in No. 11300 (Extreme Media Productions) and No. 11 373 ( The Dobbins Company).  14 C.F.R. 9 1.9(b)(1)

– Required Manual on Aircraft o This regulation requires that an approved Flight Manual be located “in the aircraft” during operation. Because there is no pilot in the UA, this regulation is inapplicable. I intend to provide an equivalent or bett er level of safety b y requiring the PI C to have the UA’s user manual with him at the ground control station during all flights.  14 C.F.R. 91.119(c)

– Minimum Safe Altitudes o This regulation identifies the minimum safe altitudes for civil aircraft in vario us condition; the lowest allowable altitude being 500 feet above the surface. I request an exemption because my UA will never operate at an altitude greater than 400 feet AGL. M y intent to operate m y UA away from public areas and traffic, along with the size, weight, maneuverability and speed of m y UA, will ensure an equivalent or better level of safety than this regulation. Additionally , the O perating P arameters identified in this petition will further ensure protection of the public. The FAA has previ ousl y affirmed an e xemption to this requirement in No. 11300 (Extreme Media Productions) and No. 11373 (The Dobbins Company).  14 C.F.R. 91.121

– Altimeter Settings o This regulation requires aircraft to contain an altimeter. The regulation is inapplicable to my

UA, which used electronic global positioning sy stems and abarometric sensor for altitude information. The FAA has previousl y affirmed an e xemption to this re quirement in No. 11300 (Extreme Media Productions) and No. 11373 (The Dobbins Company).  14 C.F.R. 91.151(a)(1)

– Fuel Requirements in VFR o This regulation establishes fuel requirements for operating an aircraft in VFR conditions. The regulation is inapplic able to my UA because it operates on battery power and not fuel. Iintend to ensure an equivalent or better level of safet y than this regulation by onl y beginning flights with a 100% charged battery , and using the Return to Home feature when the battery l evel reaches 20%. Additionally , the Phantom 3 possesses an Intelligent Flight Battery that will automatically

trigger the Return to Home feature if it detects a situation where remaining battery

power could affect the safe return of the UA.  14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

– Maintenance Required o These regulations establish inspection and maintenance parameters for aircraft that possess airworthiness certificates. The regulations are inapplicable to my oper ation of a UA which will be exempt from requiring an airworthiness certificate. I intend to provide an equivalent or better level of safety b y complying with the manufacturer’s user manual for maintenance and inspection of my UA. I will also conduct pre
- flight checks and inspections as identified in the O perating Parameters listed in this petition. Conclusion I believe m y proposed commercial use of a UA for various forms or aerial photograph y will not create a hazard to users of the national airspace s ys tem or the public or pose a threat to national securit y. I intend to make safety the number one priority of m y commercial UA use, and intend to abide b y the O perating P arameters identified in this petition. I also believe m y commercial UA use will bene fit the public as a whole because I will be able to offer a safer and less expensive option for small business es to take advantage of the man y wonderful uses of aerial photograph y. Providing this service will also meet the Congressional intent to “safel y accelerate the integration of civil unmanned aircraft sy stems into the national airspace s ys tem.” Sec. 332 of the FAA Modernization and Reform Act of 2012
. I therefore respectfull y request approval of m y petition for a Section 333 exemption. Resp ectfully

submitted,
Mark Garrison Audio Video Installation, LLC 507 7 th Street Shenandoah , Virginia 228 49 mark@audiovideoinstallationsinc.com