June 18,2015

U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve, SE Washington, DC 20590 l ';...": :, :,,

Re: Exemption Request Section 333 ofthe FAA Reform Act ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Siror Madam,
We, Aerial Image ,are writing pursuantto:the FAA Modernization and Reform Act of 2012 andthe procedures contained within 14 C.F.R. 11, to requestthat Aerial Image, LLC., an owner and operator ofsmall unmanned aircraft, be exempted from the Federai'Aviation Regulations ("FARs") listed below so thatWe, Aerial Image, may operate oursmall ultra lightweight unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA").

As described herein Aerial Image multirotor pilots are experienced in flying hobby helicoptersfor recreational purposes for over 30 years. Our Inventory includes a DJI Spreading Wings Octocopterwith a Canon Mark Ill camera, DJI F450 with 4k GoPro, DJI Phantom 2with GoProwith the intentfor aerial videography/cinematography to enhance the academic community

Having flown small RC electric helicopters and planes for overthirty (30) years without incident,
a degree in computer sciences, code writing and having written code for DJI and Multiwii controllers we are committed to safetywith each flight.

Aerial Image, LLC., exemption requestwould permit operation ofultra lightweight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Predetermined in areas awayfrom general public, airports, heliports and vehiculartraffic for communityvideos, and within property boundaries for individual homeowner real estate listing videos/photos.Currently, similar lightweight, remote contrdlled UAS's are legally operated by unmonitored amateur hobbyistswith no safety plan or controls in place to prevent catastrophe.We, Aerial Image, have developed and enacted standards to avoid and prevent public hazard,
as well as manned aircraft Granting our, Aerial Image's, request complies with the Secretary ofTransportation's (FAA Administrator's) responsibilities and authorityto not only integrate UAS's into the national airspace system, butto "

...establish requirements forthe safe operation ofsuch aircraft systems [UAS's] in the national airspace system" under Section 333(c) ofthe Reform Act specificto the
use of UAS'sfor real estate/Realtor purposes. FurtherWe, Aerial Image, will conduct our operations in compliance with the protocols described herein or as otherwise established bythe FAA.



### Aerial Image LLC., berlin, NJ
- Section 333 Exemption Petition

Forthe reasons stated below, We,Aerial Image, respectfully request the grantofan exemption allowing us to operate ultra lightweight, remote controlled UAS's for academic community awareness to benefit/stimulate attraction to the Tri state area and to enhance real estate listing videos for homeownerswho cannot afford expensive manned aircraftforthe same purpose. Both ofwhich will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard.

I. Contact Information:

Aerial Image, LLC. Donald Berry 501B Coal Rd Berlin, NJ 08009 Office: (856) 236-3731 Email: droneaerialimage@gmail.com

II. The Specific Sections ofTitle 14 ofthe Code of Federal Regulations From Which Aerial Image, LLC. Requests Exemption are:
14CFR21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, etseq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).Ill. The Extent of reliefAerial Image seeks and the Reason He Seeks Such Relief:
We, Aerial Image, submitthis application in accordance with the Reform Act, 112 P.L. 95 

### §§ 331-334, seeking relieffrom any currently applicable FARs operating to preventwe, Aerial Image, LLC. contemplated commercial cinematic, academic and otherflight 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 interestto do so. Our,Aerial Image's, ultra lightweight UAS meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofour ultra lightweight UAS is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS priorto the time period by which the Reform Act requires the FAAto promulgate rules governing such craft. Thereby, providing direct experience and valuable information forformal regulation that can be administered uniformlyto all real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; Whetherthe UAS will be operated nearairports or heavily populated areas; and, Whetherthe UAS will be operated by line ofsight. 112 P.L. 95 

### § 333 (a). Each of these items reflect in favor ofan exemption for us, Aerial Image. Our UAS utilizes Four (4) and (8) counter-rotating propellers for balance, control and stability. Our UAS is equipped with GPS and auto return safety technology. Weighing less than fifteen (15) pounds (far belowthe max. 55 pound limit); including camera with gimbal.

Aerial Image, considers safety as foremost with each flight. Oursmall unmanned aircraft is designed to hover in place via GPS and operate in less than a 13 knot (15 mph) wind. Forsafety, stability and fear offinancial loss we will notfly in winds exceeding 13 knot (15 mph). Built in safety systems include a GPS mode that allows our UAS to hover in place when radio controls are released. With three modes to choose from, We utilize the Safe Mode for aerial videography/photography. This is the safest, most reliable and stable modeto prevent accident and hazard. When pilot communication is lost UAS is designed to slowly descend to point oftake off. No UAS operations near airports, Hospitals nor Police heliports, and do not operate nearareas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. We are constantly on alertfor any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach our location orwe suspect manned aircraft may approach
nearour location. Our UAS is capable ofvertical and horizontal operations, and are flown only within our line ofsight of us, as the remote control pilot. Utilizing battery power ratherthan combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude underthree hundred (300) feet. We, Aerial Image, utilize afresh fully charged batterywith eachII flight as a safety precaution; full flighttime limitfor each battery is ten (10) to fifteen (15) minutes
as tested. We do not operate our UAS at or below manufacturer recommend minimum charge levels foroperation; preferring to remain well within a safe operating range to insure adequate communication between radio control

and UAS to eliminate potential for crash, loss ofcontrol or hazard. Reserve batteries are at hand with each exerciseto insure replacementfor sufficient safe level ofoperation. We do not believe in taking riskthat may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. We have clocked numerous practice flights in remote areas as a hobbyist simulating flights forfuture commercial use to gain familiarization with the characteristics ofthis specific UAS's performance under different temperature and weatherconditions. We have also developed a 30 flight hourtraining course, test and manual for new members as well as current. All forthe sake ofsafety.
We, Aerial Image, are extremely cautious when operating our UAS/ultra light weight unmanned aircraft and will not "create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 

### § 333 (b). Given the small size and weight ofour UAS it falls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Aerial Image's UAS, used in hobbyflight, has a demonstrable safety record and does not pose anythreatto the general public ornational security.

IV. HowAerial Image's RequestWill Benefitthe PublicAsA Whole:

Aerial videography forgeographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. Forsmall budget real estate companies and average homeownersthe expense ofsuch aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose athreatto the public through potential catastrophic crash thatthe Tri state area has experienced in the past each resulting in loss oflife. Each with combustible fuel that exploded and burned on impact. Our, Aerial Image's, UAS pose no such threat since size and lack ofcombustible fuel alleviates any potential threat to the public.
Congress has already proclaimed that it is in the public's interestto integrate commercially flown UAS's into the national airspace system, hence the passing ofthe Reform Act. Granting Our, Aerial Image's, exemption request furthers the public interestthrough academic/visual awareness ofthe geographical benefits in and around the Tri state area. Our ultra lightweight UAS is battery powered and creates no emissions that can harm the environment. The consequence ofmy ultra lightweight UAS crashing is far lessthan afull size helicopter orfixed wing aircraft; which areheavy, contain combustible fuel and can cause catastrophic devastation to the public.

The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through ourbattery operated ultra lightweight UAS's. Permitting us, Aerial Image, to immediately fly within national air space furthers economic growth giving us the ability to employ spotters and assistants

.Granting ourexemption request substantially furthers the economic impactforthe Tri state area for companies looking to relocate or build in the area as well as individuals looking to relocate for career advancement through academic and geographical awareness. All ofwhich serve as a stimulusto the community.

V. Reasons WhyAerial Image's Exemption Will NotAdverselyAffect Safety Or HowThe Exemption Will Provide a Level ofSafetyAt Least Equal To Existing Rule:
Our, Aerial Image, exemption will not adversely affect safety. Quitethe contrary, forthe reasons stated permitting us, Aerial Image, to log more flighttime in FAA controlled airspace, with communication with the FAA, will allow usto contribute to the innovation and implementation of new and novel, as ofyet undiscovered safety protocolsfor Realtors fordevelopment in cooperation with the FAA. In addition We, Aerial Image, submitthe current enhancementsto safe real estate flights: *Our UAS weighs less than 15 pounds complete with gimbal and high resolution Canon Mark Ill or4K GoPro Cameras; *We only operate our UAS below 300 feet (well within the 400 foot permissible ceiling set bythe FAA Modernization and Reform Actof2012); *Our UAS only operatefor 10-15 minutes perflight; *We land our UAS priorto manufacturer recommended minimum level ofbattery power; *We pilot our UAS through remote control only by line ofsight; *Our UAS has GPS aflight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; *We actively analyze flight data and othersources ofinformation to constantly update and enhance safety protocols; *We only operate in reasonably safe environmentthat are strictly controlled, are awayfrom power lines, elevated lights, airports and actively populated areas; *We conduct extensive pre-flight inspections and protocol, during which safety carries primary importance; *We always obtain all necessary permissions priorto operation; and, *We have procedures in placeto abortflights in the event ofsafety breaches or potential danger.Our, Aerial Image's, safety protocols provide a level ofsafety equal to orexceeding existing rules. It is importantto note that absentthe integration ofcommercial UAS into
our national airspace system, helicopters arethe primary means ofaerial video and photographyfor community awareness and real estate. While the safety record ofsuch helicopters is remarkably astounding, there has been local incident involving loss oflife
as well as extensive property damage; it is farsaferto operate a battery powered ultra lightweight UAS.
First, the potential loss oflife is diminished because UAS's carry no people on board and we only operate our UAS in specific areas awayfrom mass populations.
Second, there is no fuel on board a UAS and thus the potential forfire or explosions is greatly diminished.
Third, the small size and extreme maneuverability ofour UAS allows us to remotely pilot away from and avoid hazards quickly and safely.
Lastly, given its small size and weight, even when close enough to capture amazing images, our UAS need not be so close to the objects they are focused
on through thetechnology and use ofpost editing software allowing pan and
zoom. Accordingly, our UAS has been experimentally operated forfamiliarization/competency and will continue to operate at and above current safety levels.

VI. A SummaryThe 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 ofnecessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight and enclosed operational area ofour, Aerial Image's, UAS permits exemption from Part 21 because our UAS meets (and exceeds) an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both theAct (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAAto exempt UAS'sfrom the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Our, Aerial Image's, current and projected UAS's meet orexceed each ofthe elements.

14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by theFARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no on board pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a safety/flight manual delineating
areas ofwhere safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofaras our UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level ofsafetywill be achieved by maintaining any such required certifications and registrations by us, Aerial Image

..
B. 14 C.F.R. § 45.23: Marking ofTheAircraft.
Applicable Codes of Federal Regulation require aircraftto be marked according to certain specifications. Our UAS are, by definition, unmanned. Theytherefore do not have a cabin, cockpit or pilot station on which to markcertain words or phrases. Further, two-inch lettering is difficultto place on such small aircraftwith dimensions smallerthat minimal lettering requirement. Regardless, Wewill mark our UAS in the largest possible lettering by placing theword "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 

### (f) so thatwethe pilot, or anyone assisting me as a spotterwith the UAVwill see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167Aand 10700.

C. 14 C.F.R. § 61.133: Commercial Pilot Privileges and Limitations: PIC.

Pursuantto 14 C.F.R. § 61.133 (a- i, ii), Commercial pilots are not limited to commercial operations. We, Aerial Image, can achieve an equivalent level ofsafety as achieved by current Regulations because our UAS does not carry any pilots or passengers. Further,
our operators are required to hold our30 hr in-house training, vision checks, and pass a stringent company certification to pilot UAVs. The risks attended to the operation ofour UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing us, Aerial Image, to operate our UAS and meet orexceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum SafeAltitudes.

14 C.F.R. § 91.119 prescribes safe altitudes forthe operation ofcivil aircraft. It allows

# .. helicopters to be operated at loweraltitudes in certain conditions. Our UAS will never operate at an altitude greaterthan 300 AGL; safely belowthe standard of400AGL. We, Aerial Image, will howeveroperate our UAS in safe areas awayfrom public and traffic, providing a level ofsafety at least equivalentto or belowthose in relation to minimum safe altitudes. Giventhe size, weight, maneuverability and speed ofour UAS,
an equivalentor higher level ofsafetywill be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance lnspections.The above-cited Regulations require, amongst otherthings, aircraft owners and operatorsto "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 applyto aircraftwith an airworthiness certificate. Theywill not, therefore, applyto our, Aeriallmage's,UAS. However, as a safety precaution we inspect our UAS before and aftereach flight as well as maintaining a maintenance log.

A SummaryThe 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 procurementof necessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight and enclosed operational area ofour UAS permits exemption from Part21 because our, Aerial Image's, UAS meets an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAAto exempt UAS'sfrom the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Our UAS meets orexceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithout 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 aircraftflight manual in the aircraft. As there are no pilots or passengers, and giventhe size ofthe UAS's, this regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a manual. The FAA has previously issued exemptionsto this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167. Aerial image operates a maintenance program that involves regularsoftware updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved.

In summary, Aerial Image 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; 14C.F.R. 

### § 91.121; 14C.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 our, Aerial Image's, small unmannedvehicle/lightweight unmanned aircraftvehicle in community
awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience ofthose seeking to relocate to the Tri state
area. Currently, area awareness and real estate aerial videography/photography relies primarily
on the useof larger aircraft running on combustible fuel. Posing potential risk to the public. Granting our, Aerial Image's, requestfor exemptionwill reduce current risk levels and thereby enhance safety. Our UAS craft do not contain potentially explosive fuel, is smaller, lighterand
more maneuverablethan conventional real estate video and photographic aircraftwith lessflight time. Further, We operate at loweraltitudes and in controlled airspace eliminating potential public riskflying to and from established airfields. We, Aerial Image have been informally analyzing flight information and will compile safety protocols and the implementation ofa flight operations manual for real estate usagethat exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAAwill enhancethe FAA's internal effortsto establish protocols for complying with the FAA Modernization and Reform Act of2012. There are no personnel on board our,Aerial Image's, UAS and therefore the likelihood ofdeath orserious bodily injury is significantly diminished. our, Aerial Image's, operation ofour UAS, weighing less than 15 pounds and travelling at lowerspeedswithin limited areaswill provide an equivalent level ofsafety as that achieved undercurrent FARs. AccordinglyWe, Aerial Image, respectfully request thatthe FAA grant ourexemption request and are willing to cooperate in sharing information to benefitthe FAA, safety of manned aircraft, and the general publicat large.
Respectfully submitted,

Aerial Image, LLC. Donald Berry 501 B coal rd Berlin , NJ 08009