Federal Aviation Administration

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

To whom it may concern: The following application is being submitted on our own behalf.
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Aviation Imaging LLC, hereby seeks and applies for an exemption to the Federal Aviation Regulations (FARs) to allow Aviation Imaging LLC to operate Unmanned Aircraft Syste ms (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition or as may be established by the FAA as required by Section 333.1. The requested exemption would permit Aviation Imaging LLC to operate UAS for the purpose of providing:

- Aerial photography and/or video for public and/or private use in real estate, construction, land surveying and other related professional activities.

- Aerial inspection with photography and/or video of residential and/or commercial real estate property that is existing and/or under construction.

- Aerial photography and/or video for public and/or private events.
As described more fully below, the requested exemption would permit the operation of a small UAS under controlled conditions in airspaces that are 1) Limited 2) Predetermined 3) Controlled in regards to access 4) W ould provide safety enhancements to the already best practices safety protocols followed by Aviation Imaging LLC.
Appro val of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Sectio n 333(c) of the Reform Act.
The name and address of the pursuant is as follows:
Justin Pfalzgraff Aviation Imaging LLC 3270 S. Dale Ct. Englewood, CO 80110 720

- 628

- 5980 jpfalzgr@gmail.com**Regulations from which the exemption is requested:** 

14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b ); 14 C.F.R. §91.203 (a) and (b); 14 CFR 91.7(a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.405 (a) ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before
co mpletion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required under Reform Act § 333(b) to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a t hreat to national security in light of the following:

- The UAS size, weight, speed, and operational capability;

- Operation of the UAS in close proximity to airports and populated areas;

- Operation of the UAS within visual line of sight of the operator.

Lastl y, if the Secretary determines under Reform Act § 333(c) that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.”

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §4 0101 of the Act, that includes UASs, from the requirement that all civil aircraft must have a current airworthiness certificate.
Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe
o peration of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).
**Description of Vehicle** The vehicle to be used will be the DJI Phantom 3 Professional

. This vehicle weighs in at 1280 grams or 2.82 pounds. The DJI Phantom 3 Professional has an operating frequency of 2.4 GHz to 2.483 GHz and has been approved by the FCC with FCCID SS3

-WM3231503. The vehicle will be operated below max speed of 35 MPH due to the nature of the operations to take quality photos and videos. The vehicle will be operated consistently under 200ft in elevation staying in accordance to fly below 400ft in elevation. The DJI Phantom 3 Professional uses a 6000 mAh LiPo 2S battery and therefore will not be using any combustible fuels. This vehicle has GPS to allow UAV to safely return to starting point in case of battery power loss or remote malfunction. No vehicle operated by Aviation Imaging LLC will be modified from the m anufacturers design unless specifically directed by the same manufacturer.Given th e small size and weight of our UAS, the applicant falls squarely within that zone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restrict ed areas in which the relevant UAS will operate, approval of the application pres ents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant pub lic benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for photography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.
**Aircraft and Equivalent Level of Safety** The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitatio ns listed herein. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.” These limitations provide for at least an equivalent or even higher level of safety to operations under the curren t regulatory structure because the proposed operations represent a safety enhancement to the already safe filming operations conducted with conventional aircraft. These limitations and conditions to which Aviation Imaging LLC agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1 . Flights will be operated within line of sight of the pilot in command and/or observer; 2 . The UAS will weigh less than 55 lbs. ; 3 . The UAS will have a maximum operating speed of no more than 100 mph; 4 . Maximum flight time for each operational flight will be 25 minutes. Flights will be terminated at 25% battery power reserve or 25 minutes of flight time whichever occurs first; 5 . Flights will be operated at altitude of no more than 400 fe et AGL or no more than 200 feet above an equivalent platform from which filming is planned; 6 . UAS Pilot will be Pilot in Command (PIC) 7 . The UAS pilot designated as Pilot in Command (PIC) will have a minimum of 20 hours of flight time with the make and m odel of UAS being used, and will possess a current State Driver’s License; 8 . No changes to PIC will be made from the time that pre

-flight is to be performed through the landing of a given flight; 9 . All flights will occur under visual flight rules meteoro logical conditions (VFR only); 1 0 . The operator will obtain verbal/written consent of all persons involved with the planned operations and ensure only consenting persons will be allowed within 50 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advance permission of the FFDO, operations at closer range may be approved; 11 . The PIC will have been trained in operation of UAS and receive up

-to

- date information for the particular UAS to be operated; 12 . The PIC will be able to communicate by voice at all times; 13 . Written and/or oral permission from the relevant property holders will be obtained; 14 . If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land; 15 . The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies; 16 . PIC w ill set the UAS to automatically return home in event PIC is incapacitated.As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 feet to

any UAS operator with a Section 333 exemption, provided the aircraft wei ghs less than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions and within visual li ne of sight of the PIC, and stay certain distances away from airports or heliports.
14 C.F.R. Part 21, Subpart H: Airworthiness Certi ficates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associate d with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed win g or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 5 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flam mable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator. These safety enhancements provide a greater degree of safety to the p ublic and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.
Lastly, application of these same criteria demonstrates that there is no credible threat to national security pose d by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. § 45.23 (b). Marking of the Aircraft. The regulation requires: W hen 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 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 airw orthiness certificate, an exemption may be needed as the UAS has no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).
The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV will see the identificat ion of the UAS as “Experimental.”
The equivalent level of safety will be maintained by keeping the flight manual at the ground control po int where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to th is regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation without such a certification because of the above men tioned safety features of the DJI Phantom 3. According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for similar operation, "The FAA has previously declared that additional manned airship experience of a commercially certifi ed pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138." Therefore, bearing any pilot certification or license will not ens ure remote piloting skills of a UAS; the risks of operating this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft given the DJI Phantom's safety features and the limited range and speed of the UAS. The FAA h as approved a similar exemption to the above rule as evidenced in Exemption No. 12058.
14 C.F.R 91.7: Civil aircraft airworthiness Currently there is no certificate applicable to this UAS, and therefore it will be up to us, Aviation Imaging LLC, to deter mine the airworthiness of the DJI Phantom 3 in accordance with its official operating manual. Written and signed pre and post

-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass c alibration and properly ensured GPS locks as indicated by the DJI Phantom's display of "Safe to Fly" message will be perfor med before and after each flight, accurate records of which will be kept with the UAS's storage and transportation system at all time s. These records will be dated and will include the total flight time of each flight. 14 C.F.R. 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements As evidenced in Exemption 12045, since there are "no pilots or passengers on boa rd this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase o f the Phantom 3, following the FAA regulations for UAS operations will ensure a high level of safety.

14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of fligh t. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provi ded by the PIC in checking the UAS before each flight for physical condition, calibration of instrume nts as required by the UAS manual, and ensuring that all flight surfaces and controls are consistent with safe flight. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
14 C.F.R. §91.109: Flight instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fu ll y functioning dual controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. SeeExemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that ne ither a pilot

nor passengers will be carried in the aircraft and by the size and speed of the aircraft.
14 C.F.R. §91.119: Minimum safe altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption request s authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manu al, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent.
14 C.F.R. §91.121 Altimeter S ettings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” The DJI Phantom 3 Professional utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by us ing this.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is eno ugh 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.” The DJI Phantom 3 Professional uses li thium ion batteries which are made specifically for this model and therefore do not use any combustible fuels. The battery is rated to last around 30 minutes . Aviation Imaging LLC believes that an equivalent level of safety can be achieved due to our safe operating procedures that we will never fly a drone to max 30 minute flight time. As stated above, max flight time will be at 25% battery level or 25 minutes of flight time, whichever is sooner. Therefore, since we cannot possibly meet this regulation, we ask for exemption of 91.151.
Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation provides in p ertinent part: a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: 1) An appropriate and current airworthiness certificate. . . . b) No person may operate a civil aircraft 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. The UAS fully

- loaded weighs no more than 5 5 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on theUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control

po int where the pilot flying the UAS will have immediate access to them, to the ext ent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 956 5, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance wi th Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level o f safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mo st familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will p rovide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.
All flights will occur over private or controlled access prope rty with the property owner’s prior consent and knowledge. Any people in the area that might be filmed will have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of th e requested exemptions allowing commercial operation of applicant’s UAS for the purposes and under the conditions stated above.

Sincerely,
Justin Pfalzgraff

– Managing Member Aviation Imaging LLC 3270 S. Dale Ct. Englewood, CO 80110 720

- 628

- 5980 jpfalzgr@gmail.com