December 5 , 2015

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

Re: Petition of Listing Photo for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Direc tor: Flight Standards S ervice:

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

14 C.F.R. Part 11, Listing Photo hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to a llow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or “UAS”) for the purpose of conducting aerial photography and videography for real estate, property surveying, precision mapping, private and public building and structures inspections.

This petition for exemption is made based on information outlined in this Petition for E xemption, as well as the accompanying Listing Photo documents.

1. Flight Operations Manual a nd;

2. Operations Manuals
(Collectively referred to as O perations Manuals")

3. User Guide and;

4. Flight Manual 1
(Collectively referred to as "Manufacturer's Manual").

Listing Photo submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential co mmercial and/or proprietary information that Listing Photo has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et.

seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER

OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE RELEASED TO

THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM THE

PETITIONER.

1 The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

December 5 , 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. A erial D igital P hotography and V ideography for M apping

, Inspection

Services and Property Listings

III. Relevant Statutory Authority

IV. Copt er Source ’s Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in th e Operations Manuals

V. Regulations From Which Exemption is Requested

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

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

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

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limi tations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

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

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

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

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

V I

. Drug and Alcohol Program

VII. Public Interest

VIII

. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

December 5 , 2015 Page 3

I. DESCRIPTION OF PETITIONER

Listing Photo

, based in Cape Coral, FL provides aerial digital photography and videography for the real estate industry as well a s property mapping and inspections

. The Company’s Principal

and Chief Pilot Peter Roskovensky has been flying UAV Quadcopters as a hobby for more than

one year without incident, logging thousands of hours flying

.

Upon the grant of the 333 Exemption the Listing Photo will specialize in aeria l digital photography and videography for the real estate industry

. Its staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.

All of th e equipment owned by Listing Photo is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Listing Photo ’s goal is to advise the perspective client that Listing Photo is following all the appli cable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Listing Photo seeks an exemption to allow aerial digital photography and videography for

m apping , i nspection s ervice s and 3D compositing

. The contact information for Petitioner is as

follows:

Peter Roskovensky Listing Photo

2710 Del Prado Blvd. S.

Coral

, FL 33904

Phone: 239.424.0080

Email: peter_roskovensky@yahoo.com

II. DESCRIPTION OF PROPOSED OPERATION

Listing Ph oto seeks an exemption pursuant to Section 333 of the Reform Act to operate Storm

Drone 6 ; DJI Naza V2 + iOSD (referred to as LP

- UAS ) ( all under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly contro lled conditions on private property or approved location where Listing Photo has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the con ditions and limitations of this Petition for Exemption and Listing Photo ’s Operations Manuals. As detailed in Listing Photo ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within

visual line

- of

- sight ("VLOS") of the ope rator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point

. Moreover, Listing Photo ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS oper ations, including GPS "geo

- fencing" technologies.

A. A erial Digital Photography and Videography for Mapping, Inspection Services and Property ListingsU.S Department of Transportation

December 5 , 2015 Page 4

Listing Photo seeks to use small LP

- UAS for the purpose of providing aerial digital photography and videog raphy for mapping

, inspection and listing services for their client base

. Listing Photo has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the real est ate indu s try, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

All UAS photography and videography operations will occur on private property or approved

location in a controlled area away from spectators and persons not involved in the recording

process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR

condi tions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Listing Photo ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UA S video production is also safer than traditional manned aircraft p erfor m ing the same

function. Videographer

- inspectors also frequently need to climb roof tops , trees, ladders or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous

cond i tions . The use of LP

- UAS mitigates these hazards and is ultimately a much safer and cost

e f ficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorcraft and f ixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other ch emical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with gr eater precision and duration at a very low

cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("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 permitU.S Department of Transportation

December 5 , 2015 Page 5

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased 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.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(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 whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. LISTING PHOTO ’S PROPOSED LP

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small LP

- UAS operations propo sed by Listing Photo as noted above in this Petition for

E xemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size , Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The LP

- UAS utilize d by Listing Photo ha s been approv ed for use in prior Section

333 Grants of Exemption from the FAA. 2

 The LP

- UAS weigh s less th an 55 pounds, including payload

 The LP

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determ ine compliance with the 50 knot speed restriction.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This informat ion will be transmitted to the pilot

via telemetric data feed.

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138) ; Gran t of Exemption to Alon Sicherman (Exemption No. 11728) ; Grant of Exemption to Sokoler Medly (Exemption No. 11341)

.U.S Department of Transportation

December 5 , 2015 Page 6

 The LP

- UAS will have system redundancies and independent functionality to

ensure the overall safety and predictability of the system. If connection to the remote control or ground control stat ion is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the LP

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the LP

- UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds d epending on payload . The difference in weight between the LP

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or

inciden t. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Listing Photo ’s Operations Manuals

Operations Manuals and the Manufacturer's Manual for the select ed LP

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Listing

Photo ’s proposed operations, below is a summary of operational limitations and conditions that Listing Photo will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The LP

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtain ed

for each scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 4 5, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the LP

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mi ssion.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.U.S Department of Transportation

December 5 , 2015 Page 7

6. The LP

- UAS shall be operated within VLOS of the PIC and O bserver at all times.

The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Listing Photo ’s Operations Manuals. The Operations Manuals will be maintained

a nd made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Listing Photo ’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take prece dence and must be followed. Otherwise, Listing Photo shall follow the procedures outlined in their Operations Manuals.

10. Listing Photo may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided t o the Administrator upon request. Listing Photo will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or

revision would a f

fect the basis upon which the FAA grants the exemption, Listing

Photo will seek an amendment to its Grant of Exemption. Listing Photo will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the ope r ating documents.

11. Listing Photo Operations Manual s and its Grant of Exemption will be available to the PIC at the ground control station anytime the LP

- UAS is operating.

12. The PIC is prohibited from beginning a LP

- UAS flight unless (considering wind and forecast weather conditions) there is enough power t o fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the LP

- UAS will be

limited to 40 minutes or the amount of time the UA S can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written aut horization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flig ht operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:U.S Department of Transportation

December 5 , 2015 Page 8

a. Barriers or structures are present that sufficiently p rotect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are

w ithin 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission

and the PIC has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.1 19(a).

16. The LP

- UAS may not be operated 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.

17. The LP

- UAS may not operate within 5 nm of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Listing Photo COA. The letter of agreement with the airpor t management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the LP

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperabl e components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any LP

- UAS if the inspection reveals a condition that affects the safe

o peration of the LP

- UA S until the necessary maintenance has been performed and the

LP

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by Listing Photo ’s Operations

Manuals.

19. Listing Photo will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will b e fully noted in the LP

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the LP

- UAS to service.

20. Any LP

- UAS that has undergone maintenance or alterations tha t affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Listing Photo ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and LP

- UAS record entry shall be included in the Listing

Photo ’s Operations Manuals.U.S Department of Transportation

December 5 , 2015 Page 9

21. The LP

- UAS will be operated and maintained accordin g to the Manufacturer's

Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Listing Photo ’s Operations Manuals.

23. Listing Photo will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will b e conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city ju risdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the LP

- UAS loses communication with the PIC , it will have the capability to safely

return to a pre

- determined location within the operational area and land s afely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The LP

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PI Cs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar LP

- UAS type platform

. This requirement can be achieved by flights conducted and l ogged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of LP

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducte d.

32. The LP

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).U.S Department of Transportation

December 5 , 2015 Page 10

33. LP

- UAS Operatio ns under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. T he UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by t he applicable regulations . Additionally no PIC will provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device

.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the LP

- U AS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exem ptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Listing Photo seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using LP

- UAS platforms not ed above . 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 whic h exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

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

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the UA S selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

ar e some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b ) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).U.S Department of Transportation

December 5 , 2015 Page 11

Equivalent Level of Safety

Listing Photo ’s use of the LP

- UAS is safe when taking into account its size, weight, speed, and operation al capability. As set forth in the description of proposed operations in Section IV (A),

the LP

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The LP

- UAS is also equipped with safety featur es which will allow Petitioner to operate the LP

- UAS safely after experienc ing certain in

- flight contingencies or

failures as noted below

. 6 7 Additionally, the LP

- UAS carr ies neither pilots nor passengers, carr ies no explosive materials or flammable liqui d fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Listing

Photo ’s Operations Manuals

.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Listing Photo will also provide the FAA with advance notice of all operations via NOTAMs as required by the applic able COA. In all cases, operation of the LP

UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the LP

- UAS do not need a means to

communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the LP

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the LP

- UAS s because they will be operated at all times in VFR

condit ions and within VLOS of the PIC and Operator

. 9

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000]

has t he capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g. , Grant of Exemption No. 11184 to VDOS Global, LLC . (FAA

- 2014

- 0382 at pgs. 4

- 5): The LP

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the f lying for the operator. The LP

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum fli ght ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the LP

- UAS to detect a system fault while in the air and aut omatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the s ystem easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar,

baro metric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Gr ant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

December 5 , 2015 Page 12

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

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the exten t that Listing Photo ’s small LP

- UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Listing Photo seeks an exemption from the aircraft marking and identification requirements contained 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.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the opera tor 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 applicab le.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA de termined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in

a ccordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All LP

- UAS flown by Listing Photo will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

10

. FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

December 5 , 2015 Page 13

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Listing Ph oto seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(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 inspections ...have discrepancies repaired as prescribed in part 43 of thi s chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have . (Emphasis added)

E quivalent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Furth er, as required by Listing Photo ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the LP

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to addr ess any conditions potentially affecting safe operation of the LP

UAS and no flights will occur unless, and until, all flight critical components of the LP

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by Listing

Photo ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry

in the LP

- UAS aircraft records of the flight.

Listing Phot o ’s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), prope llers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Listing Photo ’s Operations Manuals also include procedures to document and

maintain a record of the LP

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the LP

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Listing Photo ’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Listing Photo seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the s kill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the LP

- UAS will be operated as part of a commerci al oper ation, they carr y neither passengers nor cargo. In the GrantU.S Department of Transportation

December 5 , 2015 Page 14

of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions

at tendant with requiring the PIC to have a Commercial Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety b enefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Listing Photo has placed on its LP

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Listing Photo will operate on private property or approved location away from persons and property not involved in the operation. Listing

Photo will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airs pace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Listing Photo will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of LP

- UAS flight. As set forth

in the Operations Manuals, pilots will h ave experience not only in LP

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Listing Photo . The pilot qualification, t raining, and currency requirements in the Operations Manuals ensure that Listing

Photo pilots are competent and proficient in the LP

- UAS they are operating. Listing Photo ’s training and qualification requirements are consistent with those contained in prio r FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, Listing Photo seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

G. 14 C. F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

13 See Id. at 13

- 14, 22.U.S Department of Transportation

December 5 , 2015 Page 15

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness

doc uments and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2):

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

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unles s there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in § 91.715, no p erson 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 unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the LP

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the LP

- UAS because there is simply no room and the LP

- UAS has no cabin or cockpit. As a way to comply with the code Listing Photo will maintain the documents with the PIC and make them available for inspection.

Equiva lent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting th e UAS.

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

Listing Photo seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manu al on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

December 5 , 2015 Page 16

Equivalent Level of Safety

An equivalent level o f safety will be provided by following the Listing Photo ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Listing Photo ’s Operat ions Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency la nding areas

— before initiation of flight. Listing Photo ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

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

Listing Photo seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 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 full y functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio

communications. Accor dingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that Listing Photo intends to use, an equivalent level of safe training can still be p erformed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Listing Photo ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight

instr uction. Moreover, as required by the Listing Photo ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Listing Photo ’s Operations Manuals ensure that the prop osed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Listing Photo requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 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."

15 Relief from § 91.119(a) will not be necessary becaus e Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.11 9(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

December 5 , 2015 Page 17

An exemption is required because the proposed LP

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the LP

- UAS is used to inspect a structure whose height e xceeds 400 feet AGL, the LP

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may n eed to be less than 500 feet away from the LP

- UAS

.

Equivalent Level of Safety

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

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any ri sk

assoc i ated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

LP

- UAS , as well as the controlled location where the operat ions will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the LP

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the LP

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the LP

- UAS leaves a s hielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those ob jects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Listing Photo ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Listing Photo 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 departur e airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are

prese nt that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remai n under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is th e safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."U.S Department of Transportation

December 5 , 2015 Page 18

The FAA has stated that an equivalent level of safety to the requirem ents of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen disp lay and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The LP

- UAS s that Listing Photo intends to use for the proposed operations will meet all these operational characte ristics. Moreover, as required by Listing Photo ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the LP

- UAS s Listing Photo intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91 .151(a): Fuel Requirements for Flight in VFR Conditions

Listing Photo 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 con ditions 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 technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Listing Photo ’s intention to fly the LP

- UAS at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safet y to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a LP

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing a nd, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the LP

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery leve l and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the LP

- UAS

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation

December 5 , 2015 Page 19

operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the LP

- UAS should run low on power, the PIC will be alerted and can safely land the

- LP

- UAS as soon as possible. Like the VDOS Grant of Exemption, Listing

Photo ’s use of the LP

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent lev el of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Listing Photo will adhere to this limitation for its LP

- UAS flights.

The LP

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the LP

- UAS to a ground

- based

- on

- screen display. 20 As required by Listing Photo ’s Operations Manuals, the PIC will promptly fly the LP

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Listing Photo submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated ar ea, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is soug ht

.

VI. DRUG AND ALCOHOL PROGRAM

Listing Photo will have policies in place to ensure that no person may participate in LP

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be s erved by granting Listing Photo ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The propos ed LP

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutt ing properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant

20 . T he LP

- UAS ground control station di splays, the UAS position, navigation route, tail number, altitude, hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orie n tation

relative to the UAS.U.S Department of Transportation

December 5 , 2015 Page 2 0

organizations and all those who may be in the local vicinity . Traditional methods of providing

surveillance and modeling services requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the

individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of

serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific

locations for potential recordi ng sites to be used in the end product

. The use of small UASs can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Listing Photo employees.

T he use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more
, in the unlikely event of an accident, Listing Photo ’s small battery powered LP

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

P etitioner's LP

- UAS are battery powered, the pu blic will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Las tly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabil ities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly re duced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost,

owner/ operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All LP

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent.

Risk to an onboard pilot and crew durin g an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

December 5 , 2015 Page 21

from land owner/controller or authorized representative w ill be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER 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: Petitioner seeks a n exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.40 7(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivale nt film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Listing Photo ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed LP

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exp osure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the reques ted exemptions allowing Listing Photo to use small LP

- UAS s in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Listing Photo

2710 Del Prado B lvd. S.

Coral

, FL 33904

Phone: 239.424.0080

Email: peter_roskovensky@yahoo.comU.S Department of Transportation

December 5 , 2015 Page 22

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals