~----------------.. 

January 30, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

l i 

RE: Request for Exemption pursuant to Section :333 of the FAA 

Modernization and Reform Act of 2012 and 14. C.P.R. Part 11 

Crystal Vision Aerial Videography and Photography, LLC 

Daniel Smolinski, Member 

7206 W Yucca St 

Peoria, AZ 85345 

623-692-9652 

dsmolinski33@gmail.com 

This petition is being submitted on our behalf without legal counsel or consulting 

services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act), and 14 C.F.R. Part 11, Crystal Vision Aerial Videography and 

Photography, LLC, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft 

System (sUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the 

conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

The requested exemption would permit Crystal Vision AeriaiVideography and 

Photography, LLC to pursue its commercial interests in providing services to clients 

using a small advanced sUAV in the following areas: 

» Aerial Surveying For Data Collection 

» Agricultural Survey And Crop Monitoring 

» Local and National Natural and Man Made Disaster Rescue 

» Golf Course Photography and Videography 

» Real Estate 

» Special Events, including but not limited to: Weddings,Tourism, 

Promotional Events, and Private or public parties 

» Utility and Transportation Infrastructure Inspection 

» Architecture Imaging 

» Business Advertising 

» Cinematography 

» Comm,ercial And Industrial Aerial Imaging and mapping 

» Construction Firms and Sites 
» Bridge Engineering Inspections 

). Facilities and Structures 

»Marine industry 

:;, Photography 

:;, Search and Rescue 

);> Videography 

ABOUT CRYSTAL VISION AERIAL VIDEOGRAPHY AND PHOTOGRAPHY, LLC 

Crystal Vision Aerial Videography and Photography, LLC is based in Peoria, AZ. 

Crystal Vision Aerial Videography and Photography, LLC is a small, growing 

company that is dedicated towards addressing a wide variety of aerial videographic 

and photographic applications. Crystal Vision Aerial Videography and Photography, 

LLC foresees an abundance of opportunity and discovery. Our interest and focus 

will be within the Real Estate market, including residential or commercial 

structures, Special events, commercial advertising, public safety servtces, such as, 

search and rescue emergencies, and first responder for hazardous condition 

assessments like material spills and fires, both controlled and wild to name a fe.w. 

SAFETY 

Safety is a fundamental core value in all Crystal Vision Aerial Videography and 

Photography I LLC operations. 

Crystal Vision Aerial Videography and Photography, LLC strongly believes the safe 

integration of sUAS's into National Air Space (NAS) is of the utmost importance and 

is wanting/willing to adhere to any additional regulations imposed by the FAA in· 

order to maintain the NAS safety and security, therefore as an ambassador of an 

amazingly new technology 1 Crystal Vision Aerial Videography and Photography, LLC 

will always strive to be an exemplary representative of proper sUAS integration into 

National Air Space (NAS) for commercial applications. 

All sUAS flights will occur over private or controlled access property. Crystal Vision 

Aerial Videography and Photography~ LLC will conduct flights with the property 

owner's consent and knowledge. Access during flights will be limited to people who 

have consented or otherwise have agreed to be in the area where videography will 

take pface. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Crystal Vision Aerial Videography and Photography, LLC requests an exemption 

from the following regulations as well as any additional regulations that may 

technically apply to the operation of the sUAS System: 
> 14 CFR Part 21, Subpart H 

> 14 CFR 21.191 

> 14 CFR sections 45.23(b) 

> 14 CFR 45.27 (a) 

> 14 CFR Part 61.113{a) and (b) 

> 14 CFR Part 91.7 (a) 

> 14 CFR Part 91.9 

> 14 CFR Part 91.103 

> 14 CFR Part 91.109 

> 14 CFR Part 91.119 

> 14 CFR Part 91.121 

> 14 CFR Part 91.151(a) 

> 14 CFR Part 91.203(a) and (b) 

> 14 CFR Part91.405(a) 

> 14 CFR Part 91.407{a)(1) 

> 14 CFR Part 91.409(a)(2) 

> 14 CFR Part 91.417(a) and (b) 

14 CFR Part 21 Subpart H, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. 

> While the FAA continues to work to develop airworthiness standards for 

Unmanned Aerial Systems, we request an experimental certificate be issued 

for the DJI Phantom 3 and Inspire 1 under either, or both, of the following 

provisions: 

14 CFR 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, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the sUAS's 

lightweight, being constructed primarily of carbon fiber and plastic, we propose 

that the sUAS will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. 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 

airworthiness certificate in general, citing the equivqlent level of safety outlined 

in the previous paragraph. 
14 CFR 45.23 (b) Display of Marks; General and 14 CFR 45.29 Size of Marks 

The regulation requires: 

When marks include only the RQman capital letter "N" and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted/'' ''light-sport," 

"experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word "Experimental" can be placed. Given the size of the sUAS, two-inch 

lettering will be impossible. The word "Experimental" will be placed on the fuselage 

in compliance with §45.29 (f). 

»- The sUAS will not have an airworthiness certificate, but as required by the 

333 Exemption it will be registered and each sUAS will have its own "N" 

number. The N-number will be permanently applied to the sUAS. The Nnumber 

will be as large as is practical and prominently displayed. 

14 CFR 45.27 (a) Location of Marks; Nonfixed- Wing Aircraft 

This part describes the required positioning and size of markings on nonfixed - wing 

aircraft 

»- Since the size of the sUAS restricts the size and placement of the required 

markings we propose any required markings will be permanently applied to 

the sUAS. Furthermore said markings will be as large as is practical and 

prominently displayed. 

14 CFR 61.113 (a) (b) Private Pilot Privileges And Limitations: Pilot in 

Command and 61.133 Commercial pilot privileges and limitations. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

> Because the sUAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by 

requiring the PIC operating the aircraft to operate under the supervision of a 

private pilot's license holder rather than a commercial pilot's license holder. 

)> Unlike a conventional aircraft that carries the pilot and passengers, the sUAS 

is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in 

advance. 

> The risks associated with the operation of the sUAS are so diminished from 

the level of risk associated with commercial operations contemplated by Part 
61 when drafted, that allowing operations of the sUAS as requested with a 

private pilot in a supervisory role aiding the PIC exceeds the present level of 

safety achieved by 14 CFR 61.113 (a) & (b). 

14 CPR 91.7 Civil Aircraft Airworthiness 

)o.>. This regulation prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated 

by the FARs, this Regulation is inapplicable. 

14 CFR 91.9: Civil Aircraft Flight Manual, Marking, and Placard 

Requirements 

)o.> This regulation provides that no person may operate an aircraft unless a 

current, approved flight manual is in the aircraft. We assume that the intent 

of this requirement is to ensure that flight manual information is available to 

the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircr~ft is not only too small to carry documentation; 

the documentation would not be available to the crew during flight 

operations. 

» To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved sUAS Flight Manual must be available to 

the crew at the ground station anytime the aircraft is in, or preparing for, 

flight. 

14 CFR 91.103 Preflight Action 

This regulation describes the information each pilot in command shall obtain prior 

to beginning a flight 

)o.> Pre and Post Flight Checklist/Inspections To include, but not be limited to the 

following: 

1. Inspect all parts and system components for proper working condition. 

Including, but not limited to: 

a. Actuators/Servos 

b. All Motors 

c. Wiring and Connectors 

d. Propellers, cleaned,inspected for damage, mounted correctly 

e. Electronic Speed Controllers 

f. Batteries Levels and Condition of all power supplies. 

g. Remote Control Functions and Settings 

h. Ground Station equipment and connections 

2. Conduct preflight safety discussions and assessments including but not limited to 

weather and other areas of concern: and take steps to mitigate or eliminate all 

safety risks prior to flight. 
3. Obtain proper clearance of NAS, if need be, and proper permission for land use. 

4. Strictly manage Spectator, Crew and Public Safety. 

5. Have on hand all necessary flight documents, handbooks, exemptions, etc. 

6. Conduct all preflight inspections and operational testing recommended in the 

sUAS user and operational manuals. 

7. Crystal Vision Aerial Videography and Photography, LLC will only conduct 

operational flights under ideal visual meteorological conditions (VMC) and as 

follows: 

a. No flights wiU take place in obstructed view locations or during 

unpredictable weather conditions. 

b. No flights will be conducted less than 500 feet below or less 

than 2,000 feet horizontally from a cloud or when visibility is 

less than 3 statute miles from the PIC. 

c. No flight operations will be conducted at night. 

d. All flights will be aborted in the event of unpredicted obstacles 

or emergencies. 

14 CFR 91.109 Flight Instruction; Simulated instrument light and certain 

flight tests 

The regulation states "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." 

);> The sUAS System ground-based control station consists of a hand-held radio 

transmitter and while it does not offer a second set of "controls", both the student 

and instructor can, and will, operate the single set of controls simultaneously. With 

both student and instructor having "hands-on" the controls during flight, this 

technique meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum Safe Altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, or structure. 

» Since the typical mission of the sUAS would be photography or survey of 

persons, vessels, vehicles or structures it would be necessary to operate closer than 

500 feet to the items listed. Operations will only be flown over property or persons 

where permission has been obtained and careful preplanning has been performed. 

The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the sUAS, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption. 
14 CFR 91.121 Altimeter settings 

The regulation requires that aircraft shall maintain cruising altitudes by reference to 

an altimeter setting available within lOONM of the aircraft. 

~ The sUAS will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the take off point is transmitted 

via radio from the sUAS on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 (a) Fuel requirements for flight in VFR conditions 

The regulation provides that no person may begin a flight in an airplane under dayVFR 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 the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The sUAS is battery operated and the maximum 

duration of flight from a single battery charge is 12 minutes with a 20°/o reserve. 

Since the aircraft will never fly more than 3/4NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" and ask 

for an equivalent interpretation with the word "energy". 

14 CFR 91.203 (a) a. (b) Civil Aircraft: Certifications Required 

The regulation provides that an airworthines$ 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." 

> At a maximum gross weight of under 6.5 pounds, the sUAS is too small to 

carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available for 

inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently 

affixed to the aircraft via placard containing the following information plus the word 

.,EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E 91.401- 91.417- Maintenance, Preventive Maintenance, 

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 14 CFR 43.7 "after maintenance and 

inspection. 

~ It is our intention that the PIC will perform routine maintenance and 

inspections of the aircraft and "be authorized to approve the aircraft for 

return to service." 

~ The PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every two hours of 

flight. 

~ Maintenance performed by the PIC is limited to: 

o repairing small cracks, 

o replacing a propeller, 

o checking electrical connections and 

o updating software and firmware for the on-board computer 

~ All other maintenance will be performed by the manufacturer or their 

designated repair facility. 

~ The PIC will document work performed in accordance with 91.417. 

» We feel that due to the size, construction, and simplicity ofthe aircraft, the 

PIC can ensure an equivalent level of safety. All preflight checks will be signed, 

dated and retained and available at the request of the FAA. 

PROPOSED UAS'S FOR EXEMPTION AND THEIR PHYSICAL DESCRIPTIONS 

Depending on our aerial imaging, environmental safety and/or atmospheric 

conditional needs, Crystal Vision Aerial Videography and Photography, LLC proposes 

to use the following models of sUAS's in its business operations. Atthis time we 

formally request exemption for the: 

> DJI Phantom 3 Professional, 

> DJI Inspire 1 

All of these types of sUAS have had precedent rotorcraft UAS Section 333 

exemption approval by the FAA. 

sUAS performance and safety technologies are quickly advancing, consequently we 

too must advance with them. Therefore, we respectfully request the approval to 

update our DJI series systems software and hardware when need be as long as 

they fit within the FAA's sUAS size and weight parameters and follow all further 

imposed regulations. 

These are the latest models in their class from DJI, a worldwide leader in 

technologically advanced small rotorcraft, radio controlled (RC) aircraft. Each of 

the proposed models are equipped with highly advanced control and navigational 

features and fit within the prior safety requirements set forth by the FAA. The DJI 

sUAS aircraft feature a built-in stabilized HD camera and GPS safety features which 
limit its ability to limit the height it flies above ground level (AGL), to limit the 

radius of the distance it flies from the operator and to exclude it from operations 

within designated Class B, C and D airspace including a no-fly zone feature. The DJI 

Phantom and DJI Inspire 1 also have a failsafe function that is triggered in the 

event communication is lost between the sUAS and the main controller transmitter 

and secondary controller. At that time, the sUAS will return to its point of takeoff 

and land safety. If the connection is restored, the PIC can regain control of flight 

and land manually. 

The specifications of the proposed DJI models listed above meet with the Model 

Aircraft Operating Standards as set below: 

)o> Crystal Vision Aerial Videography and Photography, LLC will only operate its 

sUAS in line-of-sight of a pilot 

and/or observer and will operate at sites that are 'sufficient distance' from 

populated areas. Such operations will ensure that the sUAS will "not create a 

hazard to users of the national airspace system or the public." 

:Y When flying an sUAS within three (3) miles of an airport, airport operators 

will be notified and the operator will give the right-of-way to avoid flying in the 

proximity of full-scale aircraft 

)o> Maximum flight time for each operation will be 30 minutes. 

> Flights will be terminated when battery levels reach 25°/o, allowing sufficient 

reserve flight time to safely land the sUAS. 

> All sUAS models operated by Crystal Vision Aerial Videography and 

Photography, LLC will be programmed so they are not operated at an altitude 

that exceeds 400 feet AGL, or more than 200 feet above an elevated 

platform from which videography is planned. 

~ The minimum crew for each operation shaH consist of: sUAS pilot, and a 

sUAS visual observer. 

~ The sUAS PIC will be an experience sUAS pilot 

~ All sUAS models operated by Crystal Vision Aerial Videography and 

Photography, LLC weigh Jess than 25 

pounds, including all payloads (i.e. camera, lens, and stabilized gimbal). 

:Y All sUAS models operated by Crystal Vision Aerial Videography and 

Photography, LLC will operate at speeds of no more than 50 knots, can 

hover, and can simultaneousJy move vertically and horizontally. 

Given the small size of the sUAS and the restricted sterile environment within which 

it will operate, Crystal Vision Aerial Videography and Photography, LLC operations 

adhere to the Reform Act's safety requirements. 

Included with this petition for exemption are the proposed flight safety guidelines, 

battery safety guidelines and maintenance manuals for the DJI Phantom Series and 

Inspire 1. Due to the large size data files of the pilot training manual and user 

manuals (exceeding the lOMB file maximum allowed for online submissions).and 

prior precedent exemption grants by the FAA for each proposed UAS, full user 

manuals (containing all specifications) are not included with this petition~ 
They are available upon request or atthe following website links: 

DJI Inspire 1: 

http:/ /download .djiinnovations.com/downloads/inspire_l/ en/Inspire_l_User _Manu 

al_vl.O_en.pdf 

DJI Phantom 3 Professional: 

http://downfoad.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professi 

onai_User _Manual_ v1.2_en.pdf 

UAS RADIO FREQUENCIES 

All devices used will comply with the FCC usage and emissions regulations and 

guidelines. The radio frequencies used will also comply with the allotted .FCC 

frequencies for data transmission and vehicle control in unlicensed frequency 

bands. (More on radio frequencies provided on the specification/user manuals 

included with this petition.) 

BENEFITS TO THE PUBLIC 

Crystal Vision Aerial Videography and Photography, LLC is very excited to be a 

participant in such an extraordinary and electrifying new industry. As mentioned 

before, flight safety is of the highest importance and we are committed to comply 

with all regulations and guidelines. 

This new sUAS technology benefits both the environmental and economy on a level 

never before explored in the aerial imaging industry. Traditional methods of piloted 

aircraft for aerial imaging purposes have historically been extremely expensive and 

produce high levels of toxic emissions into the atmosphere, carry large payloads of 

flammable fuel and greatly increase the risk of human endangerment. 

Our small, lightweight, micro UAS's run on rechargeable UPo batteries and produce 

zero toxic emissions during flight. They're highly controllable with advanced safety 

features for stabilization, GPS navigations, electronic speed controllers, autopilot 

safety modes and real-time data transmissions and recording. Overall, the use of 

the proposed sUAS's greatly increases public safety as compared to conventional 

methods of aerial imaging. 

Under the requested exemption, Crystal Vision Aerial Videography and 

Photography, LLC ensures all operators will have completed sUAS education and 

training programs including all applicable regulations and guidance documents; and 

Decision-making and Safe Operations Procedures. 

CONCLUSION 

The FAA has granted prior exemptions in circumstances similar in all material 

respects to those presented in this petition. Crystal Vision Aerial Videography and 

Photography, LLC respectively requests exemption under Section 333 to enabte 
Crystal Vision Aerial Videography and Photography, LLC to operate efficient, limited, 

low-risk commercial sUAS operations for the activities stated within this petition. 

During every flight Crystal Vision Aerial Videography .and Photography t LLC is 

committed to respecting the privacy of citizens and their property while operating 

safely within the national airspace system. 

Thank you for your consideration. 

Sincerely, +I 

Daniel Smolinski 

Crystal Vision Aerial Videography and Photography, LLC 

7206 W Yucca St 

Peoria, AZ 85345 

623-692-9652