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January 30, 2016
U.S. Department ofTransportation DocketManagement System 1200 New Jersey Avenue SE Washington, DC 20590 

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RE: Requestfor Exemption pursuanttoSection :333 ofthe FAA Modernization and Reform Actof2012and 14.

### C.P.R. Part 11 Crystal Vision AerialVideography 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 behalfwithout legal counsel orconsulting services.
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (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 ofour Small Unmanned Aircraft System (sUAS) commercially in airspaceregulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and underthe conditions outlined herein oras 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 

## »GolfCourse 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 AERIALVIDEOGRAPHYAND 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 ofaerial videographic and photographic applications. Crystal VisionAerial Videography and Photography, LLC foresees an abundance ofopportunity and discovery. Our interest and focus will be within the Real Estate market, including residential orcommercial 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 afundamental core value in all Crystal Vision Aerial Videography and PhotographyI LLC operations. Crystal Vision Aerial Videography and Photography, LLC strongly believes thesafe integration ofsUAS's into National Air Space (NAS) is ofthe utmost importance and is wanting/willing to adhere to any additional regulations imposed by the FAA in· orderto maintain the NAS safety and security, therefore as an ambassador ofan amazingly new technology1 Crystal Vision Aerial Videography and Photography, LLC will always striveto be an exemplary representative ofpropersUAS integration into National Air Space (NAS) forcommercial applications.
All sUAS flights will occur over private orcontrolled 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 orotherwise 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 ofthe sUAS System:

## > 14 CFR Part 21, Subpart H 

## > 14 CFR 

### 21.191 

## > 14 CFR sections 

### 45.23(b) 

## > 14 CFR 

### 45.27 (a) 

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

## > 14 CFR Part 91.7 (a) 

## > 14CFR Part 91.9 

## > 14CFR Part 91.103 

## > 14 CFR Part 91.109 

## > 14 CFR Part 

### 91.119 

## > 14CFR 

### Part 91.121 

## > 14 CFR 

### Part 91.151(a) 

## > 14 CFR Part 

### 91.203(a) and 

### (b) 

## > 14CFR Part91.405(a) 

## > 14 CFR Part 91.407{a)(1) 

## > 14 CFR Part 91.409(a)(2) 

## > 14CFR Part 

### 91.417(a) and (b)


### 14CFR Part 21 Subpart H,AirworthinessCertificates
This part establishes the procedures forthe issuance ofan airworthiness certificate. 

## > While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe 

### DJI Phantom 

### 3 and Inspire 

### 1 under either, or both, ofthe following provisions:


### 14CFR 

### 21.191 ExperimentalCertificates. Experimental certificates are issued forthefollowing purposes: a) Research and development. Testing new aircraft designconcepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. b) Showing compliance with regulations. Conducting flighttests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplementaltype certificates, flights to substantiate majordesignchanges, and flights toshow compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as marketsurveys, sales**demonstrations~** andcustomer crewtraining, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will notcarry fuel, and will only fly understrict operational requirements. Combined with the sUAS's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe sUAS will be at least as safe, ifnotsafer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for airworthiness certificate in general, citing the equivqlentlevel ofsafetyoutlined in the previous paragraph.14CFR 45.23 (b) Displayof Marks; General and 14CFR 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 orexperimental 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 than2 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 tothe cabin, cockpit orpilotstationon which the word "Experimental" can be placed. Given the size ofthe 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, butas required by the 333 Exemption itwill be registered and each sUAS will have its own "N" number. The N-numberwill be permanently applied to the sUAS. The Nnumber will be as large as is practical and prominently displayed.
14CFR 45.27 (a) Location of Marks; Nonfixed- Wing Aircraft This part describes the required positioning and size ofmarkings on nonfixed

- wing aircraft 

## »- Since the size ofthe sUAS restricts the size and placement ofthe 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.


### 14CFR 61.113 (a) (b) Private Pilot PrivilegesAnd 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 pilotor passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraftto operate underthe supervision ofa private pilot's license holder ratherthan a commercial pilot's license holder. )> Unlike a conventional aircraftthatcarries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance.


## > The risks associated with the operation ofthe sUAS are so diminishedfrom the level ofrisk associated with commercial operations contemplated by Part61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot in a supervisory role aidingthe PIC exceeds the present level of safety achieved by 14 CFR 61.113 (a) & (b).


### 14CPR 91.7 Civil AircraftAirworthiness

)o.>. This regulation prohibits the operation ofanaircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.


### 14CFR 

### 91.9: Civil Aircraft FlightManual, 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 thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the**aircr~ft** is notonly too small tocarry documentation; the documentation would not be available tothe crew during flight operations.



## » To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, orpreparingfor, flight.
14CFR 

### 91.103 PreflightAction
This regulation describes the information each pilot in command shall obtain prior to beginning a flight

)o.> Pre and Post Flight Checklist/InspectionsTo include, but not be limited to the following:
1. Inspectall 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 fordamage, mounted correctly e. Electronic Speed Controllers f. Batteries Levels and Condition of

### all power supplies. g. Remote Control Functions and Settings h. Ground Station equipmentand connections
2. Conduct preflight safety discussions and assessments including but not limited to weather and otherareas ofconcern: and take steps to mitigate or eliminate all safety risks priorto flight.3. Obtain proper clearance of NAS, ifneed 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 wiUtake place in obstructed view locations orduring unpredictable weather conditions. b. No flights will be conducted less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen 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 eventof unpredicted obstacles oremergencies.


### 14CFR 91.109 Flight Instruction; Simulated instrument lightand certain flighttests The regulation states "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls."

);> The sUAS System ground-based control station consists ofa hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructorcan, and will, operate the single set ofcontrols 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 ofsafety.


### 14

### CFR 91.119 Minimum Safe Altitudes: General.
The regulation states that oversparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, orstructure. 

## » Since the typical mission ofthe sUAS would bephotography orsurvey of persons, vessels, vehicles orstructures itwould be necessary tooperate closerthan 500 feet tothe 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 ata low altitude allowing, 

### ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due tothe small size ofthe sUAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.14CFR 91.121 Altimetersettings
The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within lOONM ofthe aircraft.**~** The sUAS will always fly below 400 feetAGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the take offpoint is transmitted via radio from the sUAS on-board computertothe display screen held by the PIC, providing a constantly updated AGL readout.
14CFR 91.151 (a) Fuel requirementsforflight in VFR conditions
The regulation provides that no person may begin aflight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthat for at least 30 minutes.**~** We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS is battery operated and the maximum duration offlight from a single battery charge is 12 minutes with a 20°/o reserve. Since the aircraft will neverfly more than 3/4NM from the point ofintended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption tothe word "fuel" and ask for an equivalent interpretation with the word "energy".
14CFR 91.203 (a)

## a. (b) 

### Civil Aircraft: Certifications Required
The regulation provides that an airworthines$ certificate, with the registration number assigned tothe aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew."


## > At a maximum gross weight of under 6.5 pounds, the sUAS istoo small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of 91.203, we propose that documents deemed appropriate forthis aircraft by the FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft, we proposethatthe 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 14CFR 45.23.
14CFR Subpart E91.401- 91.417- Maintenance, Preventive Maintenance, Alterations
The regulation provides thatthe operator is primarily responsible for maintainingthe aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 14 CFR 43.7 "after maintenance and inspection.**~** It is our intention thatthe PIC will perform routine maintenance and inspections ofthe aircraft and "be authorized to approve the aircraftfor return to service."**~** The PIC will ensure thatthe aircraft is in an airworthycondition priorto every flightand in addition conduct detailed inspections afterevery two hours of flight.**~** Maintenance performed bythe PIC is limited to:
o repairing small cracks,
o replacing a propeller,
o checking electrical connections and
o updating software and firmware forthe on-board computer**~** All other maintenance will be performed by the manufacturerortheir designated repair facility.**~** The PIC will document work performed in accordance with 91.417. 

## » We feel that due to the size, construction, and simplicity oftheaircraft, the PIC can ensure an equivalent level 

### ofsafety. All preflight checks will be signed, dated and retained and available atthe request ofthe FAA. 

### PROPOSED UAS'S FOR EXEMPTION AND THEIR PHYSICAL DESCRIPTIONS Depending on ouraerial imaging, environmental safety and/oratmospheric conditional needs, Crystal Vision Aerial Videography and Photography, LLC proposes to use the following models ofsUAS's in its business operations. Atthis time we formally request exemption forthe:



## > DJI Phantom 3 Professional, 

## > DJI Inspire 1
All ofthesetypes ofsUAS 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 theyfit within the FAA's sUAS size and weight parameters and follow all further imposed regulations.
These are the latest models in theirclass 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 priorsafety requirements setforth by the FAA. The DJI sUAS aircraft feature a built-in stabilized HD camera and GPS safety features whichlimit its abilityto limitthe height itflies above ground level (AGL), to limitthe radius ofthe distance itflies from the operatorand to exclude itfrom operations within designated Class B, Cand 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 controllertransmitter and secondary controller. Atthattime, the sUAS will return to itspoint oftakeoff and land safety. Ifthe connection is restored, the PIC can regain control offlight and land manually.
The specifications ofthe 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 ofa pilot and/orobserver and 

### will operate atsites that are 'sufficient distance'from populated areas. Such operations will ensure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public."
:Y When flying an sUAS within three (3) miles ofan airport, airport operators will be notified and the operatorwill givethe right-of-way to avoid flying in the proximity offull-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 atspeeds ofno more than 50 knots, can hover, and can simultaneousJy move verticallyand horizontally.
Given the small size ofthe 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.
Includedwith this petition for exemption are the proposed flight safety guidelines, battery safety guidelines and maintenance manuals forthe DJI Phantom Series and Inspire 1. Due to the large size data files ofthe pilottraining manual and user manuals (exceeding the 

### lOMB file maximum allowedfor 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 atthefollowing 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 unlicensedfrequency bands. (More on radio frequencies providedon 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 ofthe 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 ofpiloted aircraftfor aerial imaging purposes have historically been extremely expensive and produce high levels oftoxic emissions into the atmosphere, carry large payloads of flammable fuel and greatly increasethe risk ofhuman 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 publicsafety as compared to conventional methods ofaerial imaging. Underthe requested exemption, CrystalVision 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 priorexemptions in circumstances similarin all material respects tothose presented in this petition. Crystal Vision Aerial Videographyand Photography, LLC respectively requests exemption underSection 333 to enabteCrystal Vision Aerial Videography and Photography, LLC to operate efficient, limited, low-risk commercial sUAS operations forthe activities stated within this petition. During every flight Crystal Vision Aerial Videography .and Photographyt LLC is committedto respecting the privacy ofcitizens and their property while operating safely within the national airspace system. Thank you foryour consideration. Sincerely, 

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Daniel Smolinski Crystal Vision Aerial Videography and Photography, LLC 7206 WYucca St Peoria, AZ 85345 623-692-9652