November 18, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and the procedures contained in 14 C.F.R. 11, to request that Beale Aerial Photo and Video, owned and

operated by Howard Beale, an owner and operator of small unmanned aircraft, be exempted from the

Federal Aviation Regulations (“FARs”) listed below so that Beale Aerial Photo and Video may operate

its small unmanned aircraft / lightweight unmanned aircraft systems (“UAS”) commercially in

airspace regulated by the Federal Aviation Administration (“FAA”).

As identified and described herein, Howard Beale, and his company Beale Aerial 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 Beale Aerial Photo and Video through the use of a

small, lightweight UAS as several of his clients have requested this type of service. Primary uses will

be low altitude aerial photography for use on client websites and print pieces and video for use on

client websites.

Howard has operated his current UAS 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

of loss of contact with the radio. It has an audible and visual warning system and will start to descend

slowly if battery power reaches 25%.

The failsafe software will disable the UAS from taking off and also limit the UAS systems from

operating within specific GPS preset no-fly zones.

Beale Aerial Photo and Video’s exemption request would permit its operation of lightweight,

unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and

limited airspace. Currently, similar lightweight, remote controlled UASs are legally operated by

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 of Transportation’s (FAAAdministrator’s)

responsibilities to not only integrate UASs into the national airspace system, but to “...establish

requirements for the safe operation of such aircraft systems [UASs] in the national airspace system” under Section 333(c) of the Reform Act. Further, Beale Aerial Photo and Video will conduct its

operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below, Beale Aerial Photo and Video respectfully requests the granting of an

exemption allowing it to operate lightweight, remote controlled UAS’s.
1. Contact Information:

Howard Beale

Beale Aerial Photo and Video

8 Edgemont Ave

Waterville, Maine 04901

Tel.: (207) 620-4236

e-mail: hbeale54@yahoo.com

2. The Specific Sections of Title 14 of the Code of Federal 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 of Transp.

3. The Extent of Relief Beale Aerial Photo and Video Seeks and the Reason It Seeks Such Relief:

Beale Aerial Photo and Video submits this application in accordance with the Reform Act, 112 P.L. 95

331-334, seeking relief from any currently applicable FARs operating to prevent Beale Aerial Photo

and Video contemplated commercial cinematic, research and other flight operations within the

national airspace system. The Reform Act in 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.

Our lightweight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and

therefore the integration of our lightweight UAS is expressly contemplated by the Reform Act. We

would like to operate our lightweight UAS prior to the time period by which the Reform Act requires

the FAA to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our

national airspace system. Considerations include: • The weight, size, speed and overall capabilities of the UAS; • Whether the UAS will be operated near airports or populated areas; and, • Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Beale Aerial Photo

and Video

Our UAS utilizes the DJI Phantom 2 a highly successful consumer grade small rotorcraft in the

quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed primarily

to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots

(15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by four

electric motors with a distance between motors of less 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 and position. It is controlled primarily 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 failsafe
modes of operation for either loss of RC 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 of flight and landing will

be initiated when the battery reaches a predetermined 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 of vertical

and horizontal operations but operate only within the line of sight of the remote control pilot.

In addition to the remote control pilot, we use a spotter, such that, at minimum, two Beale Aerial Photo

and Video personnel govern the safe flight of the 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 percent battery capacity. Safety

systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff

location if communication 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 of this small unmanned aircraft will not “create a hazard to users of the national

airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS,

combined with its operation in cordoned off and well-controlled areas, this falls within Congress’s

contemplated safety zone when it promulgated the Reform Act 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 FAA has the authority to issue the exemption sought by Beale Aerial Photo and Video

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

4. How this Request Will Benefit the Public As A Whole:

Granting this exemption request furthers the public interest. First, Congress has already

pronounced that it is in the public’s interest to integrate commercially flown UASs into the national

airspace system, hence the passing of the Reform Act. Second, Beale Aerial Photo and Video 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 our research 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. If our UAS crashes there is no fuel to ignite and explode. The impact of our

lightweight UAS is negligible when compared to a full size helicopter, notwithstanding the statistically

noteworthy safety record of full size helicopters used in motion picture capture. The public’s interest is

furthered by minimizing ecological and crash impacts by permitting photo and motion picture capture

through our lightweight UAS.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the

United States Constitution. Indeed, Congress mandated the integration of UASs into our national

airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting

Beale Aerial Photo and Video to immediately fly within the United States furthers these goals.
Whether it is the amalgam of scientific 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 of dollars, 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,

cost being the biggest.

5. Reasons Why Beale Aerial Photo and Video Exemption Will Not Adversely Affect Safety Or

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

This exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra,

permitting Beale Aerial Photo and Video to log more flight time in FAA controlled airspace will allow

us to innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, we

submit the following representations of enhancements 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 of sight; • Our remote control pilot has video backup should he somehow lose sight of the UAS; • We staff each 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 takeoff position and then slowly

lands if communication with the remote control pilot is lost or battery power is below 25%; • We actively analyze electronic flight data and other sources of information 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 of safety breaches or potential danger.

Our safety protocols provide a level of safety at least equal to existing rules, and in nearly every

instance, greater than existing rules. It is important to note that absent the integration of commercial

UASs into our national airspace system, helicopters are the primary means of aerial motion picture

capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate

a battery powered lightweight UAS. First, the potential loss of life is diminished because UASs carry

no people on board and Beale Aerial Photo and Video 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 of our UAS allows our

remote control pilot to avoid hazards. Lastly, given their small size and weight, even when close
enough to capture amazing images, our UAS needs not be so close to the objects it is focused on.

Accordingly, our UAS has operated and will continue to operate at and above current safety levels.

6. A Summary The FAA May 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, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight

and enclosed operational area of Beale Aerial Photo and Video UAS permits exemption from Part 21

because Beale Aerial Photo and Video UAS 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 Section 333 of the Reform Act. Both

pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in

consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and

dense populations. Beale Aerial Photo and Video UAS meets or exceeds each of the elements.

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) 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 a 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. § 91.121 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 of civil 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 of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. Beale Aerial Photo and Video UAS is, by definition, unmanned. It therefore does not

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch

lettering is difficult to place on such small aircraft. Regardless, Beale Aerial Photo and Video 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

UAV will see the markings. The FAA has previously issued exemptions to this regulation through

Exemptions Nos. 8738, 10167, 10167A and 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 of safety as achieved by current Regulations because Beale

Aerial Photo and Video UAS does not carry any pilots or passengers. Further, while helpful, a pilot

license will not ensure remote control piloting skills. Further, the risks attendant to the operation of

Beale Aerial Photo and Video UAS is far less than the risk levels inherent in the commercial activities

outlined in 14 C.F.R. § 61, et seq. Thus, allowing Beale Aerial Photo and Video to operate its UAS
with 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 of civil aircraft. It allows helicopters

to be operated at lower altitudes in certain conditions. Beale Aerial Photo and Video UAS will never

operate at an altitude greater than 400 AGL. Beale Aerial Photo and Video will, however, operate its

UAS in cordoned off areas with security perimeters, providing a level of safety at least equivalent to

those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of

Beale Aerial Photo and Video UAS, an equivalent level of safety 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 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore,

apply to Beale Aerial Photo and Video should its requested exemption be granted. Beale Aerial Photo

and Video conducts an extensive maintenance program that involves regular software updates and

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be

achieved.

F. Summary

Beale Aerial Photo and Video 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 or photography operations and to conduct

its own research. Granting Beale Aerial Photo and Video request for exemption will reduce current

risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the

use of larger aircraft running on combustible fuel. Beale Aerial Photo and Video craft does not contain

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional motion picture

aircraft. Further, Beale Aerial Photo and Video operates at lower altitudes and in controlled airspace.

Beale Aerial Photo and Videohas been analyzing flight data and other information in compiling novel

safety protocols and the implementation of a flight operations manual that exceeds currently accepted

means and methods of safe flight. There are no people on board Beale Aerial Photo and Video UAS

and therefore the likelihood of death or serious bodily injury is significantly limited. Beale Aerial

Photo and Video operation of its UAS, weighting less than 5 pounds and travelling at speeds lower

than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved

under current FARs.

Accordingly, Beale Aerial Photo and Video respectfully requests that the FAA grant its exemption

request without delay. The FAA has the authority to issue the exemption sought by Beale Aerial Photo

and Video pursuant to the Federal Aviation Act, 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 FAA and 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 myself who operates a
very 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 for your time

and consideration.

Respectfully submitted,

Howard H Beale Owner/Operator

Beale Aerial Photo and Video

8 Edgemont Ave

Waterville, Maine 04901