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jwright@FlyingLegal.com www.FlyingLegal.com p: 303

- 747

- 4000 f: 303

- 747

- 4001 June 17 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of AerPhoto, LLC for Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentle men :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, AerPhoto , LLC (“ AerPhoto ”) hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below, to allow commercial oper ations of

small

, unmanned aerial vehicles by and through small

, unmanned aerial systems (“sUAS”) for collecting sensory and survey data

, conducting aerial videography and cinematography

, mapping, inspection and precision agricultural operatio ns

.

This exemption is requested in subject to and in conformance with those operations and protocols outlined in this Petition and the enclosed DJI Phantom 3 Professional User Manual

, which

contains operational guidance and protocols (“ sUAS Operator’s Ma nual ”) and any other requirements established by the FAA pursuant to the FMRA.

The sUAS Operator’s Manual contain s confidential, trade secret and proprietary information

that the Petitioner has not and will not share with others. Petitioner submits the sUAS Operator’s

Manual and all information contained therein as proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The sUAS Operator’s Manual contain operating conditions and procedures that are not available to the public and are p rotected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

I. Description of Petitioner

AerPhoto , LLC is a company specializing in professional surveys, inspections, mapping

, and aerial videography and ci nematography

. AerPhoto seeks to provide high quality imaging for a variety of commercial, public and residential uses, including:

• E vent photography and videography

• F ilm and documentary videography and cinematography

• P romotional and marketing media

• A gricultural surveys and environmental monitoring

• F orestry and land surveys

• Precision agricultural operations

• C o nstruction, development and real estate surveying and mapping

• I n du strial site surveysU.S. Department of Transportation
June 17, 2015 Page 2

II. Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whethe r certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations:

• 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 the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a reques ted exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq .). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a who le, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

III. Qualifications for Approval Under Section 333 of the FMRA

The propose d operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors

are satisfied.

The proposed operations would permit the use of small and relatively i nexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish th e same purpose.

Petitioner’s sUAS are rotorcraft, weighing 50 or fewer pounds including payload. They operate, under normal conditions, at low speed and have the capability to hover, and move in the vertical and horizontal plane. Petitioner’s sUASs will o perate in line of sight and will only operate within those area s de scribed in the enclosed sUAS Operator’s Manual

.

Given the small size of the sUASs involved and the restricted environment within which they will operate, this petition exemption falls with in the zone of safety i.e., an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and

the restricted area in which the s UASs will operate, approval of the application presents no national security issue.U.S. Department of Transportation
June 17, 2015 Page 3

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surroundi ng the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without delay.

IV. Proposed Opera tions

The enclosed Manual describe s , in detail, the policies and procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, below is a summary of operational limitations and conditions

, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 50 pounds.

2. Flights will be op erated within line of sight of the Operator

.

3. Maximum total fli ght time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 5 00 feet above ground level ("AGL").

5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

6. The sUAS Pilo t with Pilot in Command responsibilities for the flight will be the designated Operator (" Operator ")

. It is specifically requested that this exemption allow the operation of the sUAS without a visual observer and that the Operator not be required to posse ss or maintain an FAA pilot’s certificate.

7. The sUAS will operate only within a confined area as de scribed in the sUAS Operator’s Manual

.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandat ory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

9. The Operator will have been trained in operations of s UAS generally and received up

- to

- date information on the particular s UAS to be operated as required in the sUAS Operator’s Manual

.U.S. Department of Transportation
June 17, 2015 Page 4

10. Written and/or oral permission from the relevant property holders will be

obtained.

11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, i ncluding local law enforcement, fire or other appropriate governmental agencies.

12. If the sUAS loses transmission signal, the sUAS will have the capability to

return to a pre

- determined location and land.

13. Contingency plans will be in place to safely termin ate flight if there is a loss

of transmitter communication s or a loss of GPS signal

.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

V. Regulations From Which Exemption is Requested

The Federal Avi ation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including sUASs, from its safety regulations and minimum stand ards when the Administrator decides a requested exemp tion is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting Precision Aerial Surveying & Mapping using sUASs. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which e xemption is sought.

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R.

§ 91.203(a) and (b)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airwort hiness and registration certificates as required by 14 C.F.R.

Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, 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 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, o perational capability, and proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated

without an airworthiness or registration certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate without restrictions and conditions of the proposed sUAS operations.U.S. Department of Transportation
June 17, 2015 Page 5

Equivalent Level of Safety

The sUAS to be operate d hereunder, DJI Innovations S8 00 multi

- roto r rotorcraft, weighs less than 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured

and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored by the Operator pursuant to the Flight Operations Manual’s requirements.

These safety enhancements, which already apply to civil aircraft operated in

conn ection with existing aerial videography operations, provide a greater degree of safety

to the Petitioner's employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R.

P art 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitio ner's sUAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 CFR § 61.113: Private P ilot Privileges And Limitations

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which

would also have t he effect of requiring a second

- clas s medical certificate.

Equivalent Level of Safety

I n Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA

determined that a n Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in acc ordance with Section 333. The aerial videography and cinematography conducted by AerPhoto occur in areas where access to the public is limited and controlled. T he operation will have no substantial impact on any third persons not involved in the productio ns

.

Because AerPhoto will operate in controlled areas , the s UAS will be flown based

on visual li ne

- of

- sight at altitudes below 5 00' AGL. Accordingly, AerPhoto request that this exemption be granted without requiring the Operator to have an FAA pilot’s l icense or the requirement of a visual observer

.

D . 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking andU.S. Department of Transportation
June 17, 2015 Page 6

Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements co ntained in 14 C.F. R. § § 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is

identified in accordance with Part 45 of this chapter.

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuselage as required by § 45.29(f).

The FAA has previously issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

E . 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks a n exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unle ss there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any

combination thereof.

Given its physical dimensions, configuration and load capacity, the sUAS has no

abi lity to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirem ent can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, Petitioner requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

F . 14 C.F.R. § 91.7(a): Civil Aircraft AirworthinessU.S. Department of Transportation
June 17, 2015 Page 7

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety

The DJI Innovations S800 has a stellar safety record, demonstrating that the sUAS is airworthy. Further, given the size of the sUAS and the requirements contained in the

sUAS Operator’s Manual for maintenance and pre

- flight safety check lists, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos.
8607, 8 737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

G . 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flig ht, including information

contai ned in the FAA

- approved flight m anual on board the aircraft. While the Operator will be familiar with all information necessary to safely conduct the flight, an exemption is requested to t he extent that an FAA

- approved f ligh t manual is required on board the

aircraft.

Equivalent Level of Safety

Following the sUAS Operator’s Manual will provide an equivalent level of safety

. The Operator will take all required preflight actions

- including reviewing weather, flight battery re quirements, landing and takeoff distance, and aircraft performance data

- before initiation of flight. The sUAS Operator’s Manual will be kept at the ground station with the operator at all times.

H . 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner s eeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and

remote ly piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the

aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dualU.S. Department of Transportation
June 17, 2015 Page 8

controls for a number of aircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A.

I . 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended aerial video operations , the sUAS is normally operated

below 500 feet A GL. Additionally, due the nature of the proposed operations, the sUAS

will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Sa fety

Compared to flight operations with rotorcraft weighing far more than the maximum

55 pounds proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the sUAS Operator’s

Manual , the sUAS will be operated in a confined area, where buildings a nd people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations as set forth in the sUAS Ope rator’s Manual

.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI S800 demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments.

J . 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather

a GPS altitude read out.

Equivalent Leve l of Safety

An equivalent level of safety will be achieved by following the procedures set forth

in the sUAS Operator’s Manual . As prescribed in the sUAS Operator’s Manual , the operator will confirm the altitude of the launch site shown on the GPS altitud e indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantlyU.S. Department of Transportation
June 17, 2015 Page 9

monitor the sUAS's height, thus ensuring operation at safe altitudes.

K . 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough 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 fly after that for at least 45 minutes.

Here, the battery powering the DJI Innovations S800 provides approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of it s proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. Petitioner will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be

conducted on

- site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that S ection 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 26 89F, 5745, 10673, and 10808.

L . 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

Petitioner seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203(a) and (b). The regu lation states in pertinent 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 unl ess the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued underU.S. Department of Transportation
June 17, 2015 Page 10

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whom the certificates need to be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operator will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M . 14 C.F.R. § 91.405(a), 91.407 (a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a)

and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to

14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required ions ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which t he sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Operator’s Manual and the

Manufacturer’s Manual . As provided in the sUAS Op erator’s Manual , the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation.

VI. Public Interest

Granting AerPhoto 's exemption request furthers the public interest. National policy set by Congress favors early integration of UAS into the national airspace in controlled, safe workingU.S. Department of Transportation
June 17, 2015 Page 11

environments such as those propose in this petition. In addition, maintaining industrial safety has been a priority of state and local governments for decades.

Conducti ng aerial videography with the s UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video production flight operations. By using battery power an d electric motors, the s UAS produces no air pollution, and is the most viable environmentally conscious alternative to piston or turbine powered rotorcraft. The sUAS , while reducing the carbon footprint of aerial video productions , also eliminates noise po llution as its battery

- powered electric motors are barely audible during the takeoff phase, and cannot be heard when operating more than 100 feet above ground level.

By using the s UAS to perform aerial videography, the substantial risk to life and proper ty in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of

aircrew members locate d onboard the aircraft, the minimal size a nd weight of a sUAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct aerial videography

.

In addition, granting the exception will help advance the knowledge base for cond ucting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct

similar aerial videography operations. The UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from any potential accident.

VII. Privacy

All of the proposed flights and v ideography will be only be conducted after obtaining any individual subject matter’s permission. All flights will occur over public right

- of

- way or private property with the property owner's prior consent and knowledge. The proposed operations will not i mpact privacy concerns beyond those already implicated by manned aircraft aerial videography operations.

VIII. Federal Registry Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

AerPhoto , LLC seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ( "sUAS") to conduct aerial videography and cinematography operations will enhance safety by reducing risk to AerPhoto ’s employees, the general public and property

owners.U.S. Department of Transportation
June 17, 2015 Page 12

The DJI Innova tions sUAS, weighing less than 55 pounds , with payload, and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not

flown from an external location to the work

- site. The sUAS will c arry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, incl uding exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds , close to the ground, and in a controlled environment. As a result, they are far

safer than conventional aeria l videography and cinematography operations conducted with fixed wing aircraft or helicopters.

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, operating capabilities, proximity to airpor ts and populated areas and operation within visual line of sight and national security

— provides more than adequate justification for the grant of the requested exemptions to permit AerPhoto , LLC to operate sUASs in support of

its aerial videography and cin ematography production operations in accordance with the sUAS Operator’s Manual appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by a lleviating human exposure to danger, (2) improving aerial videography operations and decreasing operating costs, and (3) providing an environmental ly conscientious way of producing aerial videography and cinematography operations

.

Sincerely,

John L. Wright

Encl :

- DJI Phantom 3 Professional User Manual