November 18, 2015 United States Department ofTransportation Docket Management System 1200 New JerseyAve., SE West Building Ground Floor Room W12-140 Washington, DC 20590
Re: Exemption Request Pursuant To Section 333 ofthe FAAReformAct of2012
Dear Sir or Madam: I am writing pursuant to the FAAModernization and ReformAct of2012 (the “ReformAct”) and the procedures contained in 14 C.F.R. 11, to request that BealeAerial Photo andVideo, owned and operatedby Howard Beale, an owner and operator ofsmall unmanned aircraft, be exempted from the FederalAviation Regulations (“FARs”) listed below so that BealeAerial Photo andVideo may operate its small unmanned aircraft / lightweight unmanned aircraft systems (“UAS”) commercially in airspace regulated by the FederalAviationAdministration (“FAA”).
As identified and described herein, Howard Beale, and his company BealeAerial Photo and Video, is experienced, in the printing, graphic design and website development industry. Howard and his company have been providing quality services to their clients since 1995

. Mr. Beale has also been an avid Radio Controlled model builder and operator for over fifteen (15) years. Mr. Beale is looking to add a valuable service to his clients through BealeAerial Photo andVideo through the use ofa small, lightweight UAS as several ofhis clients have requested this type ofservice. Primary uses will be low altitude aerial photography for use on client websites andprint pieces and video for use on client websites. Howard has operated his currentUAS on several occasions non-commercially without incident. The UAS utilizes battery power, not combustible fuels. Flight time ranges between five and twenty minutes. The UAS has GPS functionality to hover in place as well as a return to home function in case ofloss ofcontactwith the radio. It has an audible and visual warning system and will start to descend slowly ifbattery power reaches 25%. The failsafe software will disable the UAS from taking offand also limit the UAS systems from operating within specific GPS preset no-fly zones. BealeAerial Photo andVideo’s exemption requestwould permit its operation oflightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. Currently, similar lightweight, remote controlled UASs are legally operatedby amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. It is only logical to allow Howard Beale, an experienced remote control pilot, to operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as Beale Aerial Photo and Video researches flight data and other information gained through permitted flight operations. Granting this request comports with the Secretary ofTransportation’s (FAAAdministrator’s) responsibilities to not only integrate UASs into the national airspace system, but to “...establish requirements for the safe operation ofsuch aircraft systems [UASs] in the national airspace system” under Section 333(c) ofthe ReformAct. Further, BealeAerial Photo andVideo will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below, BealeAerial Photo andVideo respectfully requests the granting ofan exemption allowing it to operate lightweight, remote controlled UAS’s.1. Contact Information: Howard Beale BealeAerial Photo andVideo 8 EdgemontAve Waterville, Maine 04901 Tel.: (207) 620

-4236 e-mail: hbeale54@yahoo.com
2. The Specific Sections ofTitle 14 ofthe Code ofFederal Regulations From Which We Request Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). U.S. Dept ofTransp. 3. The Extent ofReliefBealeAerial Photo andVideo Seeks and the Reason It Seeks Such Relief: BealeAerial Photo andVideo submits this application in accordance with the ReformAct, 112 P.L. 95 331-334, seeking relieffrom any currently applicable FARs operating to prevent BealeAerial Photo andVideo contemplated commercial cinematic, research and other flight operations within the national airspace system. The ReformAct in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Our lightweight UAS meets the definition of“small unmanned aircraft” as defined in Section 331 and therefore the integration ofour lightweight UAS is expressly contemplated by the ReformAct. We would like to operate our lightweight UAS prior to the time period by which the ReformAct requires the FAAto promulgate rules governing such craft. The ReformAct guides the Secretary in determining the types ofUASs that may operate safely in our national airspace system. Considerations include:

• The weight, size, speed and overall capabilities ofthe UAS;

• Whether the UAS will be operated near airports orpopulated areas; and,

• Whether the UAS will be operatedby line ofsight.
112 P.L. 95 § 333 (a). Each ofthese items militates in favor ofan exemption for BealeAerial Photo andVideo
Our UAS utilizes the DJI Phantom 2 a highly successful consumer grade small rotorcraft in the quadcopter configuration with an advertised weight ofless than 44 Ounces (1242g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed ofless than 30 knots (15m/s) and a maximum climb rate ofless than 1200 feetper minute (6 m/s). It is poweredby four electric motors with a distance between motors ofless than 14 inches (350mm). It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation andposition. It is controlledprimarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has failsafemodes ofoperation for either loss ofRC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches apredetermined low state. It is anticipated that flights will usually last less than 12 minutes.

Our UAS utilizes four counter-rotating propellers for extreme balance, control and stability. It weighs less than 5 pounds, including battery and all equipment. This small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is capable ofvertical and horizontal operations but operate only within the line ofsight ofthe remote control pilot.
In addition to the remote control pilot, we use a spotter, such that, at minimum, two Beale Aerial Photo andVideo personnel govern the safe flight ofthe aircraft at all times. Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. We do not operate the UAS with less than twenty five percentbattery capacity. Safety systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location ifcommunication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. We generally do not operate the UAS near airports or near populated areas. To date, we have only operated the UAS in a noncommercial manner. Our operation ofthis small unmanned aircraft will not “create a hazard to users ofthe national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight ofthe UAS, combined with its operation in cordoned offandwell-controlled areas, this falls within Congress’s contemplated safety zone when it promulgated the ReformAct and the corresponding directive to integrate UASs into the national airspace system. Indeed, our UAS will not pose any threat to the general public or national security. The FAAhas the authority to issue the exemption sought by Beale Aerial Photo andVideo pursuant to the FederalAviationAct, 85 P.L. 726 (1958), as amended (the “Act”).
4. How this RequestWill Benefit the Public AsAWhole: Granting this exemption request furthers the public interest. First, Congress has already pronouncedthat it is in the public’s interest to integrate commercially flown UASs into the national airspace system, hence the passing ofthe ReformAct. Second, BealeAerial Photo andVideo conducts research into safe UAS operations every time it flies its UAS. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing us to log more flight time directly relates to ourresearch and our ability to further enhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Our UAS is battery powered and creates no emissions. IfourUAS crashes there is no fuel to ignite and explode. The impact ofour lightweight UAS is negligible when compared to a full size helicopter, notwithstanding the statistically noteworthy safety record offull size helicopters used in motion picture capture. The public’s interest is furtheredby minimizing ecological and crash impacts by permitting photo and motion picture capture through our lightweight UAS. Progression ofthe arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congress mandated the integration ofUASs into ournational airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting BealeAerial Photo andVideo to immediately fly within the United States furthers these goals.Whether it is the amalgam ofscientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel / first responders that does not cost millions ofdollars, granting this exemption request substantially furthers the public’s interest in ways known and currently unknown. Granting this request will also allow small business owners and home owners to be able to afford high quality aerial images and video that they would otherwise have no access to due to several factors, costbeing the biggest.
5. Reasons Why BealeAerial Photo andVideo Exemption Will NotAdverselyAffect Safety Or How The Exemption Will Provide a Level ofSafetyAt Least Equal To Existing Rule: This exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting BealeAerial Photo andVideo to log more flight time in FAAcontrolled airspace will allow us to innovate and implement new and novel, as ofyet undiscovered safety protocols. In addition, we submit the following representations ofenhancements to current aerial photo and motion picture capture techniques:

• Our UAS weighs less than five pounds complete with all mounted equipment and battery;

• We only operate our UAS below 400 feet;

• Our UAS only operates for 5-20 minutes per flight;

• We land our UAS when it reaches 25% battery power;

• Our remote control pilot operates the UAS by line ofsight;

• Our remote control pilot has video backup should he somehow lose sight ofthe UAS;

• We staffeach flight with a remote control pilot and spotter with communication systems enabling real time communication between them;

• Our UAS has GPS flight modes whereby it hovers, returns to takeoffposition and then slowly lands ifcommunication with the remote control pilot is lost or battery power is below 25%;

• We actively analyze electronic flight data and other sources ofinformation to constantly update and enhance safety protocols;

• We conduct extensive briefings prior to flight, during which safety carries primary importance, and;

• We have procedures in place to abort flights in the event ofsafety breaches orpotential danger.
Our safety protocols provide a level ofsafety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration ofcommercial UASs into our national airspace system, helicopters are the primary means ofaerial motion picture capture. While the safety record ofsuch helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the potential loss oflife is diminished because UASs carry no people on board and BealeAerial Photo andVideo only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability ofourUAS allows our remote control pilot to avoid hazards. Lastly, given their small size and weight, even when closeenough to capture amazing images, our UAS needs notbe so close to the objects it is focused on. Accordingly, ourUAS has operated and will continue to operate at and above current safety levels.
6. A Summary The FAAMay Publish in the Federal Register:
A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitledAirworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area ofBeale Aerial Photo andVideo UAS permits exemption from Part 21 because Beale Aerial Photo andVideo UAS meets an equivalent level ofsafety pursuant to Section 333 ofthe ReformAct. The FAAis authorized to exempt aircraft from the airworthiness certificate requirement underboth theAct (49 U.S.C. § 44701 (f)) and Section 333 ofthe ReformAct. Both pieces oflegislation permit the FAAto exempt UASs from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. BealeAerial Photo andVideo UAS meets or exceeds each ofthe elements.
14 C.F.R. 91.7(a) prohibits the operation ofan 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) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAAhas 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. § 91.121 regarding altimeter settings is inapplicable insofar as Beale Aerial Photo and Video UAS utilizes electronic global positioning systems and internal gyroscopes to provide spatial coordination.
14 C.F.R. § 91.203 (a) and (b) provides for the carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Beale Aerial Photo and Video flight operations center. B. 14 C.F.R. § 45.23: Marking ofTheAircraft. Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. BealeAerial Photo andVideo UAS is, by definition, unmanned. It therefore does not have a cabin, cockpit orpilot station on which to mark certain words orphrases. Further, two-inch lettering is difficult to place on such small aircraft. Regardless, BealeAerial Photo andVideo will mark its UAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAVwill see the markings. The FAAhas previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167Aand 10700.
C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. Beale Aerial Photo and Video can achieve an equivalent level ofsafety as achieved by current Regulations because Beale Aerial Photo andVideo UAS does not carry any pilots orpassengers. Further, while helpful, apilot license will not ensure remote control piloting skills. Further, the risks attendant to the operation of BealeAerial Photo andVideo UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing BealeAerial Photo andVideo to operate its UASwith a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).
D. 14 C.F.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119 prescribes safe altitudes for the operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. BealeAerial Photo andVideo UAS will never operate at an altitude greater than 400AGL. BealeAerial Photo andVideo will, however, operate its UAS in cordoned offareas with security perimeters, providing a level ofsafety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of BealeAerial Photo andVideo UAS, an equivalent level ofsafety will be achieved.
E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

. . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to BealeAerial Photo andVideo should its requested exemption be granted. Beale Aerial Photo andVideo conducts an extensive maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved.
F. Summary BealeAerial Photo andVideo seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate its lightweight unmanned aircraft vehicle in motion picture orphotography operations and to conduct its own research. Granting BealeAerial Photo andVideo request for exemption will reduce current risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the use oflarger aircraft running on combustible fuel. Beale Aerial Photo andVideo craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, Beale Aerial Photo andVideo operates at lower altitudes and in controlled airspace. BealeAerial Photo andVideohas been analyzing flight data and other information in compiling novel safety protocols and the implementation ofa flight operations manual that exceeds currently accepted means and methods ofsafe flight. There are no people on board BealeAerial Photo andVideo UAS and therefore the likelihood ofdeath or serious bodily injury is significantly limited. BealeAerial Photo andVideo operation ofits UAS, weighting less than 5 pounds and travelling at speeds lower than 50 knots in cordoned offareas will provide at least an equivalent level ofsafety as that achieved under current FARs. Accordingly, BealeAerial Photo andVideo respectfully requests that the FAAgrant its exemption requestwithout delay. The FAAhas the authority to issue the exemption sought by Beale Aerial Photo andVideo pursuant to the FederalAviationAct, 85 P.L. 726 (1958), as amended (the “Act”).

In closing, I would like to state that it would be very easy to ignore the FAAand operate a UAS commercially without applying for any consideration from them. I have seen and spoken with several people who are already doing so. I hope the simple fact that someone such as myselfwho operates avery small business and will be operating a UAS on a very small scale is applying for this exemption shows how serious I am about safety and doing things properly. Thank you very much foryour time and consideration. Respectfully submitted, Howard H Beale Owner/Operator BealeAerial Photo andVideo 8 EdgemontAve Waterville, Maine 04901