Nov 5 , 2015

United States Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590 **Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012** Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. Part 11, Scott S. Booth, owner and operator of Ozark Aerial Imagery, is requesting to be exempted from the Federal Aviation Regulations (FARs) lis ted below so Ozark Aerial Imagery may operate UASs commercially in airspace regulated by the Federal Aviation Administration; as long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as re quired by section 333. The Name and address of the applicant is: **Ozark Aerial Imagery** Attn: Scott S. Booth

– ozarkaerialimagery@gmail.com , 601.616.9167 53 Fallbrook Ln

. Mountain Home, AR 72653
**I ntroduction and Interests of the Petitioner** 
Scott S. Bo oth is the owner of Ozark Aerial Imagery. He has over 13 years of professional aviation experience. As a former United State s Marine Corps Naval Aviator, he was NATOPS qualified in the AV

- 8B and the T

- 45C. He has extensive experience utilizing eletro

- opti cal sensors that are video downlink capable while piloting thru complex airspaces. Scott S. Booth holds an FAA Airline Transport Pilot Certificate , multi

- engine, with Commercial Privileges for single

- engine and powered lift ratings; and holds an FAA 1st Cl ass Medical Certificate. Scott S. Booth is a current, Certified Flight Instructor and Certified Flight Instructor Instrument (CFI/CFII). Additionally, Scott S. Booth has been military trained and certified as a Forward Air Controller/Joint Terminal Attac k Controller, which requires an intense understanding of airspace geometries, obstructions, and lines of sight in order to safely

direct aircraft thru complex battle airspace and in close proximity to ground personnel. He also holds FCC AC & RR Operator Permits

. Scott S. Booth intends to utilize his military and commercial aviation experience so that Ozark Aerial Imagery may safely provide its clients aerial video and photography operations for a variety of commercial, public, and residential uses, specific ally

targeting:

• Real

- estate marketing • Real

- estate appraisals • Construction sites before and after • Special Events such as, but not limited to, weddings, family gatherings, and local fairs • Aerial acquisitions used for inspections of public and private structures • Increase public knowledge of UAS and promote safe UAS operations • Search and Rescue operations**UAS Proposed by the Petitioner**

Unmanned Aircraft System: DJI Inspire 1 UAS Ozark Aerial Imagery seeks an exemption to operate the DJI system for compensation or hire within the NAS. The DJI Inspire 1 is a vertical takeoff and landing Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet and/or smart phone systems. The DJI Inspire 1, Model T600, has a total weight of 6.47lbs. The dimensions are 17.24” x 17.75” x 11.85” . Under still air the maximum speed is no more than 49mph with a cruising speed of 25mph. The DJI Inspire 1 has the ability

to hover and move along a vertical and horizontal plane simultaneously. This is a commercially

sourced, “off the shelf” professional aerial photography UAS. The DJI Inspire 1 UAS that will be operated by Scott S. Booth will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **B asis for Petition**  As described below, the requested exemption would permit the operation of lightweight (less than fifty five pounds ( 55 lbs.) total take off gross weight) UASs under controlled conditions for commercial use by professional certificated pilots thereby enhancing safety and fulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to “.... esta blish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. Ozark Aerial Imagery respectfully requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for commercial use: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409( a)(2), 91.417(a) &(b) Ozark Aerial Imagery submits this application in accordance with the Reform Act, 112 P.L. 95 331

- 334, seeking relief from any currently applicable FAR's operating to prevent Ozark Aerial Imagery future commercial use of small UASs to operate in the national airspace system as described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. Ozark Aerial Imagery’s lightweight UASs meet the definition of "small unmanned aircraft" as defined in section 331 and therefore the integration of Ozark Aerial Imagery’s lightweight UASs are expressly contemplated by the Reform Act. Ozark Aerial Imagery would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft sy stems may

operate safely

in the National Airsp ace Sy stem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS, to the public, or pose a threat to national security in regards to the following: • The UAS's 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 Reform Act 333 (a) If the secretary

determines that such vehicles "may operate safely in the National Airspace System," the Secretary

shall establish requirements for the safe operation o f such aircraft in the National Airspace Sy stem. Ozark Aerial Imagery UAS’s are rotorcraft weighing less than 55 pounds including payload. They operate at a speed of less than fifty knots (50 knots) and have the capability to hover and move in the vertic al and horizontal plane simultaneously. The UAS will operate only within the line of sight of the pilot within a protected flight area as described below. Such operations will ensure that the UASs do not create a hazard to the users of the National Airspac e Sy stem or the public. The small nature of the UASs utilized by Ozark Aerial Imagery , combined with the safety protocols outlined below will allow for a greater than 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 areas and altitudes they will operate, approval of the exemption presents no national security issue and absolutely minimal safety concerns which have be en mitigated through a rigorous risk management process. Given the clear direction given 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, the significant public benefit, including enhanced safety, reduced emissions utilizing UASs verse traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater public's interest . Accordingly, the applicant requests that the FAA grant the requested exemption without delay. The following limitations are considered to be binding for the operation of UASs for commercial purposes by Ozark Aerial Imagery : 1. Flights will be operated in the line

- of

- sight by a ground

- based pilot 2. Flights will operate clear of clouds 3. The UASs will weigh less than 55lbs at take off and during flight 4. Flights will be terminated with 25% of battery life remaining 5. Flights will be operated at an altitude at or below 400' AGL 6. Pilots, camera operators and observers will be trained as to the applicable portion of the UAS's manual as well as the SOPs. 7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a current S econd Class FAA medical certificate. A camera operator and/or observer may be added as required to further reduce the possibility of task saturation by the pilot depending on the mission requirements. 8. Pilot, observer and camera operator will maintain real time communication capability throughout flight operations. 9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility (AOR). This AOR is the actual area for UAS operations for a particular day. Each survey will include the assessment of potential hazards to include but not limited to airspace classification, NOTAMS, temporary

flight restrictions, closest airport proximity, natural and manmade obstacles, and unnecessary persons which may pose a risk to operations or safety . If deemed necessary , the crew will employ

additional personnel as safety observers. 10. Ozark Aerial Imagery will employ safety observers , as well as sign notifications , in areas close to public activity

.11. A thorough briefing will be conducted, prio r to the first flight of the day in an AOR, utilizing the

briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are conducted will be present for this briefing. 12. Ozark Aerial Imagery will obtain consent (verbal or written) fo r any persons who need to be within one hundred 100 feet of UAS flight operations. 13. Written and/or verbal permission from the relevant property owners will be obtained prior to flight. 14. All required permissions and permits will be obtained from ter ritorial, state, county, parish or city jurisdictions, including local law enforcement, fire or other governing governmental agencies. 15. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre

- determined location within the AOR and land autonomously. 16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies. **14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)**  Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area of operations for Ozark Aerial Imagery UAS flights permits exemption from Part 21 because Ozark Aerial Imagery meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the ACT (49 U.S. C. 44701(f)) and Sectio n 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Ozark A erial Imagery meets or exceeds each of these elements. 14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Ozark Aerial Image ry ’s business address

. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. **14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft**  14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining an operators manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
**14 C.F.R. 91 .103(b) Preflight actions**  14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include: (b) For any flight, runway lengths at airports of int ended use, and the following takeoff and landing distance information. This subparagraph is not applicable due to our off airfield operations. **14 C.F.R. 91.109 Flight instructions; Simulated instrument flight and certain flight tests.**14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in

conjunction with training and flight tests. The UAS to be employed by Ozark Aerial Imagery is not designated in this category.
**14 C.F.R. 91.121 Altimeter Settin gs**  14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Ozark Aerial Imagery UASs utilize GPS systems and internal gyroscopes to provide spatial stability and a reference datum. **14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Cond itions**  14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and assuming normal cruising speed. The battery

powering the UAS provides approximately 25 minutes of powered flight, which is less than the reserve requirement alone by FARs for day. Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and it s ability to land immediately

it is reasonable to allow an exception. An equivalent level of safety can be achieved by limiting flights to 20 % of battery power. This restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808.

**14 C.F.R. 45.23 Marking of the Aircraft** Applicable Codes of Federal regulations require aircraft to be marked according to certain specifications. T wo - inch lettering is impractical to place on such small aircraft. The FAA has previously

issued exemptions to this regulation through Exemptions Nos . 8738, 10167, 10167 A, and 10700.
**14 C.F.R. 91.119 Minimum Safe Altitudes** 14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Ozark Aerial Image ry will only operate its UASs at or below 400 AGL. Ozark Aerial Imagery will operate its UASs in a defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for operations

. The equivalent level of safe ty will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. Compared to flight operations with traditional aircraft or rotorcra ft weighing far more than 55lbs and operating below 500 AGL with flammable fuel , UAS operations present a far smaller risk. **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 the aircraft inspected as prescribed in subpart E of thi s part and shall between required inspections, except as prescribed 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 with Part 43.These regulations only apply to aircraft with an airworthiness certificate. They will not, therefore,

apply to Ozark Aerial Imagery UASs should its requested exemption be granted. As an equivalent level of safety , Ozark Aerial Imagery requires its pilots to con duct a preflight, thorough flight and post flight inspection of the UAS to ensure its flight worthiness prior to launch. Each UAS is flown in compliance with the applicable manufacturer’s manual to include all software update cycles as well as flight checklists. In the event of a malfunction the UAS can land immediately. **Privacy** All flights over private or controlled access property will have the property owner's prior consent and knowledge. **Summary** Ozark Aerial Imagery is seeking exemption from the f ollowing rules: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)&(b). Approval of the above exemptions allowing commercial op erations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of pounds and carrying hundreds of pound of fuel presenting a significant risk to life and property. With Ozark Aerial Imagery ’s use of small UASs weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL , they

virtually eliminate all of the risk ass ociated with traditional aerial photography. The UASs will carry no people, thereby eliminating the exposure to the risks associated with flying while accomplishing the same task in a much safer manner. Granting Ozark Aerial Imagery the above exemptions will allow for the expansion of UAS systems into the future, in a professional, safety conscious culture steep in the tradition of aviation. The safety culture established by

the founding member of Ozark Aerial Imagery is based on 13 ye ars of military and professional aviation experience. Ozark Aerial Imagery respectfully requests that the FAA grant its exception without delay. The FAA has the authority

to issue the exemption sought by Ozark Aerial Imagery pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). Sincerely , Scott S Booth Ozark Aerial Imagery Mountain Home, AR ozarkaerialimagery@gmail.com 601.616.9167