UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

_______________________________________________ ) Petition for Exemption ) Pursuant to Pub. Law 112-95 § 333 ) and 14 CFR Part 11 ) concerning Unmanned Aircraft Systems ) used for aerial photography, videography ) and aerial data collection ) )

_______________________________________________ )

PETITION OF SHANNON ALLISON PHOTOGRAPHY FOR REGULATORY EXEMPTION

SUMMARY GRANT REQUESTED

Dated: December 21 , 2015 Filed Electronically Please address all communications with respect to this Petition to: Shannon Allison Shannon Allison Photography Bellefonte, PA 16823 Phone: (814) 574-7185 Email: shannonballison@gmail.comI. Introduction and Summary Grant Request

Petitioner Shannon Allison Photography (“SAP”) respectfully submits this Petition for Exemption from regulations the FAA considers applicable to the civil operation of unmanned aircraft systems, and that the FAA considers necessary for an operator to be exempted from, in order to conduct operations concerning aerial photography, videography, and aerial data collection. 1 The benefits of these operations to the public are unquestionable, and safety is assured when they are conducted under the proposed procedures herein, and as granted by the FAA to other similarly situated exemption grantees.

Petitioner is eligible for, and hereby requests, a summary grant of exemption, because this Petition asks for relief that is similar in all material respects to relief that has been granted to other Section 333 petitioners. 2

II. The Identity and Interests of the Petitioner

Petitioner SAP has been in the photography business since 2008. Its primary business is property photography for real estate marketing, with a heavy concentration on the luxury segment of the market. Its secondary work includes general commercial photography and videography for various usessuch as golf course marketing. SAP’s owner, Shannon Allison, has been operating an assortment of radiocontrol helicopters and multirotors for four years, for recreational purposes. SAP sometimes contracts with a licensed pilot of a Robinson R44 for commercial aerial photography and videography.

_______________________ 1 Petitioner takes no position with respect to which federal aviation regulations legally apply to the proposed operations. 2 See FAA Summary Grants Speed UAS Exemptions, available at https://www.faa.gov/news/updates/? newsId=82485The name and address of the Petitioner is:
Shannon Allison Photography 106 Fieldstone Lane Bellefonte, PA 16823 Phone: (814) 574- 7185 Email: shannonballison@gmail.com

III. SAP ’s Request Would be in the Public Interest and Benefit the Public as a Whole The benefit to the public interest of SAP’s request has been established. The use of manned aircraft for aerial photography, videography and data collection is in many instances more expensive, and more dangerous, than the operations proposed herein. Thus, the operations are of significant public benefit and, as set out herein, present at least an equivalent level of safety under 14 CFR part 11.

IV. The Unmanned Aircraft Systems Petitioner intends to operate four UAS models in connection with the operations proposed herein, at or below 400 feet above ground level:



### • DJI Inspire 1

Each of these UAS is built and maintained for SAP by Aerial Visions, Inc. of Brewster, NY. The technician at Aerial Visions has been building and operating all types of radio controlled model aircraft for over 20 years.A

. DJI Inspire 1

The DJI Inspire 1 has been approved by the FAA many times in connection with Section 333 exemptions for aerial photography and videography. See, e.g ., Exemption Grant Nos. 11279 (April 1, 2015), 11974 (July 1, 2015). Aircraft Type : Multi-rotor, Inspire 1 Manufacturer : DJI Construction : Carbon fiber, plastic, aluminum Aircraft Empty Weight : 3.3 lbs. Aircraft RTF AUW : 4.5 – 5.5 lbs. Propulsion : Electric – four two blade propellers Power : 5.4AH lithium polymer flight batteries Onboard electronics : Manual control system RX, flight control system Optics : (1) still imager, up to (1) video, 2.4/5.8Ghz Lightbridge. Launch Type : VTOL Landing Type : VTOL Launch Speed : 15 mph vertical Speed Evelope : 15-35 mph Cruise Speed : 0-25 mph Landing Speed : 0 mph Stall : N/A VNE : N/A Duration : 15 minutes (typical) Radio Frequency Spectrum: The Inspire 1 utilizes FCC-approved command-and- control and video systems operating on the 5.8 GHz and 2.4 GHz bands.V. Flight Safety Operations and Procedures

Petitioner proposes to operate each UAS for the purposes indicated herein pursuant to its accompanying Flight Operations Manual which sets out a procedure for the safe and responsible operation of UAS.

VI. Summary of Exemptions Sought

SAP seeks exemption from the following regulations, to the extent the FAA deems them applicable to the operation of civil UAS for the indicated purposes:

14 CFR Part 21 14 CFR Part 36 14 CFR 45.23(b) 14 CFR 61.3 14 CFR 61.23(a) and (c) 14 CFR 61.101 14 CFR 61.113 (a) & (b) 14 CFR 61.315 14 CFR. 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.105 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); and 14 CPR 91.417 (a) & (b)

### VII. The Specific Exemptions Sought and Reasons A. 14 CFR Part 21 and 14 CFR Part 36 Petitioner seeks relief from 14 CFR part 21 concerning airworthiness certificates, as well as any associated noise testing requirements of part 36, with respect to the UAS identified in Section IV. As set out herein, the size, weight, speed, operational capability, visual line-of-sight operation, and intended operating area of these UAS meet the conditions of FMRA Section 333. Moreover, the proposed operations, conducted pursuant to the Flight Operations Manual, present an equivalent level of safety or better. An exemption ought to be granted or, in the alternative, a finding made that relief from parts 21 and 36 are not necessary for Petitioner’s intended operation. ( See, e.g. , Grant of Exemption No. 11282, Docket. No. FAA-2014-0977 (April 6, 2015), finding that such an exemption is “not necessary.”)



### B. 14 CFR 45.23(b) Petitioner seeks relief from 14 CFR 45.23(b) concerning aircraft markings, to the extent such relief is necessary. Given the size of the UAS, its operation within visual line of sight of the operator, and other factors, such an exemption is warranted. Petitioner will, if required, mark each UAS with the word “RESTRICTED” in lettering as large as practicable. However, Petitioner notes that because its UAS’s will not be certificated under § 21.185, such marking is not actually required, and therefore Petitioner alternatively requests a finding confirming same.

C. 14 CFR 61.23(a) & (c), 14 CFR 61.101, 14 CFR 61.113 (a) & (b), and 14 CFR 61.315

Petitioner seeks relief from 14 CFR 61.101 concerning limitations on recreational pilot privileges, 14 CFR 61.113(a) and (b) concerning limitations on private pilot privileges, and 14 CFR 61.315 concerning limitations on sport pilot privileges, together with an exemption from 14 CFR 61.23(a) concerning medical certificates. The Flight Operations Manual establishes a level of safety exceeding thatprovided by a commercial pilot’s certificate in the operation of a passenger aircraft. The UAS’s intended to be operated do not carry any person and therefore present an equivalent or better level of safety compared to manned aircraft operations. Petitioner understands that the FAA imposes as a condition of an exemption that the UAS pilot in command hold either a recreational, sport pilot or private pilot certificate. With respect to medical certification, 14 CFR 61.23(a), Petitioner understands that the FAA requires the UAS PIC to hold either a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

D. 14 CFR 91.7(a) Petitioner seeks relief from 14 CFR 91.7(a) concerning civil aircraft airworthiness. Given the size of the UAS, its operation within visual line of sight of the operator, and other factors providing an equivalent level of safety, such an exemption is warranted. Moreover, because petitioner proposes that no airworthiness certificate be issued for the UASs to be operated under this exemption, § 91.7(a) is inapplicable. Therefore, in the alternative, Petitioner requests a determination that an exemption from § 91.7(a) is not necessary.

E. 14 CFR 91.9(b)(2) Petitioner seeks relief from 14 CFR 91.91(b)(2) concerning flight manuals and placard requirements. Because all persons involved in the operation will be on the ground, not on board the UAS, such an exemption is clearly warranted. Moreover, the FAA determined in an August 8, 2014 legal interpretation that keeping such documentation at the control station, as Petitioner intends to, meets the requirements under these regulations and therefore an exemption is not necessary. See Memorandum from Mark. W. Bury to John Duncan, “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft's control station” (August 8, 2014). 3F. 14 CFR 91.103 Petitioner seeks relief from 14 CFR 91.103 concerning preflight action, and particularly that portion of the regulation concerning FAA-approved flight manuals (which do not exist). Petitioners’ pre-flight actions concerning UAS operations reflect that the pilot in command

___________________________
3 A vailable at https://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/ interpretations /data/interps/2014/Duncan-AFS-1-2%20-%20%282014%29%20Legal %20Interpretation.pdf

G. 14 CFR 91.105 Petitioner seeks relief from 14 CFR 91.105 concerning “Flight crewmembers at stations” and seat belt/harness fastening. Because there is no crew on board the UAS, and persons involved in the operations will be present at the UAS ground station, Petitioner believes that such an exemption is warranted due to Petitioner’s Flight Operations Manual providing an equivalent level of safety, or alternatively that an exemption is not necessary for the operation. Although it does not appear that the FAA has addressed § 91.105 in various Section 333 UAS exemptions granted to date, we note that § 91.105 is listed in the FAA’s Public Guidance document as a regulation from which an exemption may be required (Rev. 9/25/2014 at page 7). 4 Petitioner therefore requests either an exemption or an acknowledgement that an exemption is not necessary.

H. 14 CFR 91.109 Petitioner seeks relief from 14 CFR 91.109 concerning flight instruction and dualcontrols. Petitioner will evaluate the qualifications of its PICs based on their experience and capabilities with the UAS to be operated. Moreover, as each PIC will have previously been qualified by the FAA as a certificated recreational, sport, or private pilot, the operations proposed herein may be conducted without an exemption from § 91.109 being required. Thus, Petitioner requests either an exemption or confirmation that none is required.

____________________________ 4 Available at https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/media/section333_p ublic_guidance.pdf).

I. 14 CFR 91.119 Petitioner seeks relief from 14 CFR 91.119 concerning minimum safe altitudes. Each UAS will be operated no higher than 400 feet above ground level, and, under the Flight Operations Manual, safe alternative landing locations will be selected in advance of each flight, in compliance with 14 CFR 91.119(a) which permits operations “[a]nywhere.”

J. 14 CFR 91.121 Petitioner seeks relief from 14 CFR 91.121 concerning altimeter settings. Petitioner's UAS will utilize a GPS altitude read-out, set to zero at the ground elevation of the departure location, thus indicating to the operator the operational altitude in feet above ground level. This approach will provide an equivalent level of safety.

K. 14 CFR 91.151 Petitioner seeks relief from 14 CFR 91.151 concerning fuel requirements.Petitioner will land the UAS when the battery is at or above 30% capacity. An equivalent level of safety is achieved, in particular because each UAS is operated within visual line of sight, can be landed within moments of a low-battery condition, and the UAS never has the need to travel any significant distance to an alternate airport or landing area.

L. 14 CFR 91.203(a) and (b) Petitioner seeks relief from 14 CFR 91.203(a) and (b) concerning airworthiness certificates. Each of the UAS to be operated weighs 11 kilograms or less, and will be operated within visual line of sight, pursuant to the Flight Operations Manual, by a knowledgeable certificated operator. An exemption from airworthiness certification is warranted pursuant to Section 333 of FMRA in consideration of the weight, size, speed, and operational capabilities of the Petitioner's UAS.

M. 14 CFR 91.405(a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); and 14 CPR 91.417 (a) & (b)

Petitioner seeks relief from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417 (a) and (b), concerning maintenance inspections. Petitioner proposes to maintain each UAS in accordance with the manufacturer's suggested maintenance procedures, and to conduct preflight and post-flight inspections in accordance with the Flight Operations Manual for each operation. This approach provides an equivalent level of safety with respect to the operational condition of the UAS. Moreover, the UAS are not contemplated to have an airworthiness certificate, and therefore no exemption is needed with respect to maintenance requirements arising from airworthiness certificates.N. Other Exemptions Petitioner requests relief from any other federal aviation regulation that the FAA deems applicable to and preclusive of the proposed UAS aerial photography and videography operations in the absence of such an exemption.

VIII. Request for Blanket COA Petitioner hereby requests a blanket, nationwide Certificate of Waiver or Authorization. The FAA has recently indicated that holders of UAS exemptions under Section 333 are now granted a “blanket” COA for any operation up to 200 feet AGL. See March 20, 2015 Memorandum from Elizabeth L. Ray to Terry Biggio, “Small Unmanned Aircraft Systems Operations in the National Airspace System.”

IX. A Summary That Can Be Published In The Federal Register: The following is a summary that may be included in the Federal Register, should the FAA determine that publication of such a summary is required. However, because this Petition is eligible for a summary grant, such publication is not needed: Petitioner Shannon Allison Photography seeks an exemption pursuant to Pub. L. 95-112 Section 333 and part 11 for the operation of unmanned aircraft systems for purposes of aerial photography, videography and aerial data collection. The benefit to the public interest of such an exemption is established. The use of manned aircraft is in many instances more expensive, and more dangerous, than the operations proposed herein. Thus, the operations are of significant public benefit. Petitioner’s operations will be conducted at or below 400 feet above ground level, within the visual line of sight of the operator, who will be a certificated airman with a sport, recreational or private pilot’s certificate, and pursuant to a detailed Flight Operations Manual. Petitioner seeks exemption from 14 CFR Part 21, 14 CFR Part 36, 14 CFR 45.23(b), 14 CFR 61.3, 14 CFR 61.23(a) & (c), 14 CFR 61.101, 14 CFR 61.113 (a) & (b), 14 CFR 61.315, 14 CFR. 91.7 (a), 14 CFR 91.9 (b) (2), 14 CFR 91.103, 14 CFR 91.105, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2).; and 14 CPR 91.417 (a) & (b).

### Dated: December 21, 2015 Respectfully submitted,
Shannon B Allison Shannon Allison Photography 106 Fieldstone Lane Bellefonte, PA 16823 Tel. (814) 574-7185

shannonballison@gmail.com

Enclosures (filed electronically): 1. Shannon Allison Photography Flight Operations Manual 2. DJI Inspire 1 1. User Manual 2. Maintenance Manual 3. Battery Safety Information