Date: June 15

, 20 1 5

U

. S

. De p a rtm e nt of T r a n s port a tion

D o c k e t M a n a g e m e n t S y s t e m

1200 Ne w J erse y A v e

.,

SE Was hington

, DC 20590 

### John Majoris

– President

Aerial Photos of NJ, inc

37 Main St, Suite 4

Clinton NJ 08809

908

- 730

- 0202

www.AerialPhotosof NJ.com

RE: Petition of Aerial Photos of NJ, Inc. for Exemption Pursuant to section 333. of the FAA

Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and

14 C.F.R . Part 11, Aerial Photos of NJ, inc, operator of Small Unmanned Aircraft Systems (sUASs)

equipped to conduct aerial photography and videography, hereby applies for an exemption from

the listed Federal Aviation Regulations ("FARs") to allow commercial operation

o f its sUASs, so long as such operations are conducted within and under the conditions outlined herein

or as may be established by the FAA as required by Section 333.1

In recent history we have been bidding on jobs that have been bid by drone operators in o ur area and

we find it difficult to compete with them. Therefore, we would like to add drone aircraft to our feet. All

of our drone operators will be rated pilots.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is

The proposed exemption, if granted, would allow Aerial Photos of NJ, Inc, to conduct commercial

operations of small, unmanned aircraft systems (“UAS”) meeting or e xceeding all of the operational and

safety requirements Congress h as set forth in Section 333.

### Aerial Photos of NJ, inc

. is a media/technology company that plans to use the capabilities of Unmanned

Aerial Systems to offer a multitude of services

, including:

- Aerial surveying

- Remote sensing

- Agricultur al support

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

Statutory Autho rity Section 333, titled “Special Rules for Certain Unmanned Aircraft

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil

UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain

unmanned ai rcraft systems may operate safely in the national airspace system before

completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of

this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1),

Congress ma de it clear that Section 333 provides a mechanism for “expedited operation

authorization” if several factors are met. Petitioner meets all requirements to permit FAA

approval of commercial UAS operations.

The Petitioner Requests Relief From the Followin g:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b ) (2)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) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401

- 91.417)

Unmanned Aircraft System

sUAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper

equipment and personnel cost, reduced noise and as such, a much smaller environmental impact

which promotes public safety.

We are petitioning for exemption to enable 

### , Aerial Photos of NJ, inc

. to operate a DJI

Phantom 3 equipped with a three

- axis gimbals and using High

- Def cameras. This sUAV has a

built

- in capability to limit the height it flies above the ground, to limit the radius of the distance it

flies from the operator and to exclude it from Class B, C and D airspace including a no

- fly zone

feature.

The above specifications meet with the Model Aircraft Operating Stand ards as set

below:

• 

### Aerial Photos of NJ, inc

. will only operate its sUAS in line of sight of a pilot and/or

observer and will operate at sites that are a 'sufficient distance' from populated areas within the

sterile area described in the FOPM. Such operations will insure that the sUAS will "not create a

hazard to users of the national ai rspace system or the public."

• When flying sUAV within 5 miles of an airport, airport operators will be notified and the

operator will give the right of way to avoid flying in the proximity of full

- scale aircraft.

• Maximum flight time for each operational flight will be 20 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the

20 minute limit.• The sUAV will be programmed so that it will not be operated at an altitude of no more

than 400 feet AGL, and not more than 200 feet above an elevated platform from

which filming is planned.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, l ens, and gimbal).

• The sUAV will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which

they will operate, our sUAS operations adhere to the Reform Act's safety

requirements.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel, it operates at lower altitudes with no people on board and will

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of

death or serious bodily injury. With a small payload and maximum flight time of only 20

minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several

buildings and large tr ees. The applicants in the past have chartered 2- seat full

- sized

helic opters for this purpose, which has proven more costly than many potential clients have

been able to afford. The benefits of reduced cost and improved quality of presentation from

the UA will be valuable to and benefit many buyers and sellers of real proper ty.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, the police, the sheriff, et al.,

while remaining subject to all limitations cited in this applicati on as we do so.

(a) No flight will be made with a Gross weight exceeding 55 pounds;(b)

(c)

(d)

(e) All operat i ons mu st oc c ur in FAA C la ss G a ir s pace at no more th an 40 0 ft AGL, at

an airspeed of no more than 25 knots and no further than 1/8th NM from the PIC;

All operations must utilize a visual observer (VO). The VO and PIC must be able

to communicate by voice at all times during a fl ight operation;

O per ati ons will be re s tricted to fl ights over priv a te property wi t h the permi ss ion of the

property owner;

All required permits will be obtained from state and local government prior to operation;

(f) 

### Aerial Photos of NJ, inc

, will not be operate over densely populated areas;

(g) 

### Aerial Photos of NJ, inc will not be operating over any open

- air assembly of people;

(h) 

### Aerial Photos of NJ, inc will not be operating over heavily tracked roads;

(i) 

### Aerial Photos of NJ, inc will not be operating within 5 NM of an airport or heliport without prior

permission.

We respectfully request exemption under S

ect i on 333 to enable 

### , Aerial Photos of NJ, inc

, to ope ra te

e ffi cient, limi t ed, l ow

- ri sk com m ercial sUAV operations for the a ctivities stated respecting at all times the

space and pr ivacy of citizens and property whilst keeping our skies safe.

S

incerelyEXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Aerial Photos of NJ, inc requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airw orthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued f or the DJI Phantom 3 under either or both of the

following provisions:

21.191 Experimental certificates.Experimental certificates are issued for the following purposes:

(a) Research and development

. Testing new aircraft design concepts, new aircraft equipmen t,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations

. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show c ompliance for

issuance of type and supplemental type certificates, flights to substantiate major design

changes, and flights to show compliance with the function and reliability requirements of the

regulations. Since the experimental certificate can be use d for commercial purposes such as

market surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our co mmercial purpose as well. The aircraft will not carry

persons or property, will not carr y fuel, and will only fly under strict operational requirements.

Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we

propose that the UA will be at least as safe, if not safer, than a conventionally certificated

aircraft performing the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H,and the requirement for an airworthiness certificate in general, ci ting the equivalent level of

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide

that each aircraft must display "N" and the aircraft's registration number in letters at least 3

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least

2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a

registration number assigned to it by the FAA. We propose to achieve an equivalent level of

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as

shown above, where the PIC (Pilot In Control), VO (Vis ual Observer) and others in the vicinity of

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's

registration in formation at the ground station.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pi lot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pil ot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act

as pilot in command of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire. Our proposed operations require that the PIC

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot

carry passengers or property, we f eel we meet the intent of 61.113 Subparagraph (b) even

though the intent of this application is to conduct a business.

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements .This regulation

provides that no person may operate an aircraft unless a current, approved flight manual is in

the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to

this requirement since the aircraft is not only too small to carr y documentation, the

documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS

Flight Manual must be available to the crew at th e ground station anytime the aircraft is in, or

preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The

regulation states that "No person may operate a civil aircraft that is being used for flight

i nstruction unless that aircraft has fully functioning dual controls." The sUAS System ground

based control station consists of a small hand

- held radio transmitter and while it does not offer a

second set of "controls", both the student and instructor can, and will, op erate the single set of

controls simultaneously. With both student and instructor having "hands

- on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of

safety.

91.119 Minimum saf e altitudes : General. The regulation states that over sparsely populated

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or

structure. Since the typical mission of the sUAS would be photography or survey of person s,

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items

listed. Operations will only be flown over property or persons where permission has been

obtained and careful pre

- planned has been performed. The aircraft will be operated at a low

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard

to persons, vehicles and structure s is minimal compared to manned aircraft, which should be

considered in granting the exemption.CFR 91.121 Altimeter settings

. The regulation requires that aircraft shall maintain cruising

altitudes by reference to an altimeter setting available within 10 0 NM of the aircraft. The sUAS

will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to

prevent conflict with other aircraft

14 CFR 91.151 Fuel requirements for flight in VFR conditions

.

The regulation provides that no person may begin a flight in an airplane under day

- vFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum

duration of flight from a single battery charge is 1 8 minutes with a 20% reserve. Since the

aircraft will never fly more than 1/8 NM from the point of intended landing, a full battery charge at

launch will ensure that we meet the reserve energy requirement of this paragraph. We request an

exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CF R 91.203(a) & (b) Civil aircraft: Certifications required

.

The regulation provides that an airworthiness certificate, with the registration number assigned

to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that th e airworthiness certificate be "displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds,

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

located with the crew at the ground control station and available for inspection upon request. In

order to identify the aircraft, we propose that the information found on airworthiness and

registration certificates be permanently affixed to the aircraft via placard containing the following

information plus the word "EXPERIM ENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance,

Alterations The regulation provides that the operator is primarily responsible for maintaining

the aircraft in an airworthy co ndition

, including compliance with part 39 and 43. Paragraphs91.407 and 91.409 require that the aircraft be "approved for return to service by a person

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC

perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft

for return to service." Th e PIC will ensure that the aircraft is in an airworthy condition prior to

every flight and in addition conduct detailed inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller,

checking electrical connections and updating software and firmware for the on

- board computer.

All other maintenance will be performed by the manufacturer or their designated repair facility.

The PIC will document work performed in accordance with 91.417. We feel that due to the

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of

safety.

Safety and Benefits of the UAS

Aerial Photos of NJ, inc will be using the UAS in a variety of applications that generally require

expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer

myriad benefits over the use of full

- sized manned aircraft for electric power line inspection,

oil/gas pipeline inspection, advanced agriculture, fi lm and still photography, just to name a few.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Aerial Photos of NJ, inc requested exemptions, the FAA will help drive

development of safe and successful commercial UAS operations and will advance the public

knowledge base for such operations. Aerial Photos of NJ, inc is committed to promoting the UAS

research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing

data from its commercial UAS operations and serving as a resource for future UAS research

operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all the SUAs which our company would use, under

authorization by the US DOT

- FAA, are small, light

- weight devices operated within the line of

si ght of the Pilot

- in

- Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,unless the air traffic control authorities (ATC) have been notified and have authorized each flight

within a radius of this distance.

All our SUAs have p rove n capability for controlled flight. They are devices offered for gen era l

sa le on the m arke t arou nd the world an d have often b ee n use d as Mo del Aircraft in the USA.

We a re certain t ha t the s tudies conducted until now by the FAA, abo ut Section 332, Public La w

112

- 95, 2014, have al rea dy provided you with the assurances on the airw or thin ess of SUAs

such as our s.

For the foregoing reasons, the exemptions requested herein sh ould be granted and Aerial

Photos of NJ, inc should be permitted to conduct small UAS operations in accordance

with its manuals an d all other operating parameters deemed necessary and appropriate by the

FAA. The submission of this application an d its contents is the best demo nstration th at indeed it

is possible to pursue the authorization process so th at some SUAs may be used for legitimate

co mm erc ial activities an d under reasona bl y sa fe co ndit ions

.