### Next Level Aerial Photography Owner: Brandon J. Hardin 4616 Aylesbury Dr. Knoxville, TN 37918 Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR45.23(b); 14 CFR 61.113(a) and (b); 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(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)
Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "ReformAct") and 14 CFRPart 11, Brandon J. Hardin, operator ofUnmannedAircraft Systems (UAS), hereby applies for an exemption from the listed FederalAviation Regulations ("FARs") to allow commercial operation ofits 

### VAS, 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. Commercial operation ofUAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:
• Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering.

• Aerial inspection/photography ofresidential/commercial structures under contract with the owners or local government authority.

• Aerial inspection/photography ofresidential/commercial utility infrastructure including but not limited to electrical powerlines, wind turbines and cell towers.

• Aerial video/photography orproviding live video feed to assist with search and rescue operations in cases ofan emergency ornatural disaster only when the local authorities or government has requested it by contract or donation.

• The ability to offer training to persons individually orbelonging to both private and/orpublic organizations that have interests in the use and application ofa UAS for the purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as for the protection ofthe persons and property.

As described fully below, the requested exemption would permit the operation ofa UAS under

**con~olled** 

### conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will

**p~ovtde** 

### safety enhancements to the already safe operations in the industrypresently using conventional

**a~rcraft.** 

### Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAAAdministrator's) responsibilities to "
.... establish requirements for the 

### sateoperation ofsuch aircraft systems in the national airspace system." The name and address ofthe applicant is: Name: Next LevelAerial Photography Attn: Brandon J. Hardin, Owner/ChiefPilot Address: 4616 Aylesbury Dr. Knoxville, TN 37918 Email: NextLevelAerialPhotography@yahoo.com Phone: 865-382-6609 NextLevelAerial Photography, will operatethe DJI Phantom 3, with a total weight ofapproximately 1280g or 2lbs 13 oz.The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inchx 7.5inch. Under still air the maximum speed is no more than 16m/s or 35m ph with a cruising speed ofllrnls or 25mph. The DJI Phantom 3 has the ability to hover and move along a vertical and horizontal plane simultaneously
. The DJI Phantom 3 has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s LiPo Lithium Polymer battery
.There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 3 will be controlled with the C3 remote controller with an operating frequency of2.400GHz2.483GHz. The live video feed will have an operating frequency of2.4GHz ISM with maximum range of 1
.2 miles. The applicant will operatethe UAS inline ofsight within a closed offandpredetermined area owned ancl/operated by the property representative. DJI Phantom 3 GENERALFEATURES Ready to fly 3-axis camera stabilization Precision flight and stable hovering GPS/GLONASS positioning & auto return home On-screen real-time flight parameters High Definition Camera Cameratilt control Film straight down SupportsAdobe DNG RAW Adobe lensprofile support Cameraparameter settings Album synchronization FAAno-fly zones locked out via installed software

TRANSMITIER Operating Frequency:2.400 GHz- 2.483 GHz Communication Distance (open area): CE: 2000m; FCC: 2000m Receiver Sensitivity ( 1 %PER) :-101dBm +/- 2dBm Transmitter Power: CE: 16dBm; FCC: 20dBm Working Voltage: 1.2A@ 7.4V Batt ery: 6000 mAh LiPo 2s CAMERA I 

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### IOperating EnvironmentTemperature: 0°C-40°C FOV: 94°/85° Sensor size: 1/2.3" HD Recording DJI VISION APP SystemRequirement ofMobile Device: iOS version 6.0 or above/ Android system version 4
.0 or above Given the small size ofthe UAS and the controlled environment provided, the proposed operations will adhere to the ReformAct's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY The operational limitations proposed will provide for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions, to whichthe applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth inthe Flight Operations Manual (FOM), include:

• The UAS will weigh less than 55 lbs. • The UAS will have a maximum operating speed ofno more than 1 OOmph. • Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO). • Maximum flight time for each operational flight will be 20minutes. Flights will be terminated at 25% battery powerreserve or 20 minutes offlight time whichever occurs first. • Flights will be operated at an altitude ofno more than 400 feet Above Ground Level (AGL) or not more than 200 feet above an elevated platform from which filming is planned. • Minimum crew for each operation will consist ofthe UAS Pilot and the Visual Observer {VO). • The UAS pilot will be the designated Pilot in Command {PIC) and will take and pass all applicable certifications currently being approved by the FAA. • A briefing will be performed regarding the planned UAS operations prior to each day's flight consisting ofall the day's production activities. • All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. • Ifoperations will be within a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport, the respective airports will be contacted advisingthem of the estimated flight time, flight duration, elevation offlight and other pertinent information. • The operator will obtain verbaVwritten consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation and the radius may be

### redu~ed to 30 feet based upon an equivalent level ofsafety determination, 

## :.S required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved. • The PIC and VO will have been trained in operation ofUAS and receive up-to-date information for the particular UAS to be operated. • The PIC and YO will be able to communicate by voice, radio, and/or text at all times. • Written and/or verbal permission and permits will be obtained, as applicable, from territorial.

### stat~.**count~** or cityjurisdictions, including lawenforcement, fire or other appropriate governmental agenctes.

### • Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomous!y. • The UAS will have the capability to abort a flight 

### in case ofunpredicted obstacles, weather, or emergencies
. Regulations from which the exemption is requested: 

### 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & 

### (b) 14 CFR91.7 (a) 14 CFR 91.9 (b) {2) 14 CFR 91.103 14 CFR 91.105 14 CFR 91.109 14 CFR91.119 (c) 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) 14 CFR 91.417 (a) & 

### (b) 14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) {1) 

### Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limited operating area associated with the aircraft to be utilized by theApplicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal AviationAct (49 U.S.C.§44701 (f)) 

### and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs, fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and 

### in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R
. Part21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load.14 C.F.R. § 45.23 {b). Marking ofthe Aircraft 

### The regulation requires: When marks include only the Roman capital letter

**"~"** 

### and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," ''experimental," or "provisional," as applicable
. Even though the UAS will have no airworthiness certificate. an exemption will be needed as the UAS will have no entrance to the cabin. cockpit or pilot station on which the word ''Experimental" can be placed. Given the size ofthe UAS, tw· o-inch lettering will be impossible. The word ''Experimental" will be placed on the fuselage in compliance \\ith §45.29 (f). 

### The equivalent level ofsafety \vill be provided by having the UAS marked on its fuselage as required by §45.29 (f) 

### where the pilot, observer and others \vorking with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b): Prh·ate Pilot Prh'ileges and Limitations: Pilot in Command. 

### Pursuant to 14 CFR 61.113 (a) & (b), 

### no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers or property for compensation or hire. An 

### equivalent level ofsafety can be achieYed by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the operation ofUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in 

### the FOM \Viii 

### equate to the safe operation ofthe UAS. 14 C.F.R. §91.7{a): CivilAircraftAirworthiness. 

### The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAAregulatory standard will exist for determining airworthiness.
Given the size ofthe aircraft for maintenance and use ofsafety check lists prior to each flight, an equivalent level ofsafety will be provided. 14 C.F.R
. 

### § 91.9 {b) (2): CivilAircraft Flight Manual in theAircnJft. 

### Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft
... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.

### 14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safet y offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection section, includingbutnot limited to reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 

### 14 C.F.R. §91.105: Flight crew members at stations Exemption may be required, the PIC ma y not leave his station nor shall VO leave station. In event that PIC orVO become incapacitated, UAS is to automatically return to designated landing area, as outlined inFOM. 

### 14 C.F.R. §91.109: Flight Instruction. Section91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction tmless that aircraft has fully functioning dual controls
. UAS and remotely piloted aircraft, bytheir design do not ha ve fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft viaradio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact thatneither a pilot nor passengers will be carried inthe aircraft and by the size and speed ofthe aircraft. 

### 14 C.F.R. §91.119: 

### Minimum SafeAltitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91
. 119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may beneeded to allow such operations. As set forth herein, the UAS will never operate athigher than 400AGL with the exceptionthat in circumstances where the UAS is used to survey orphotograph a structure whose height exceeds 400 feet AGL, the UAS will not

### be oper ated more than 200 feet above the highest point onthe structure. It will however be operated ina restricted area with securityperimeter , where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operat ed. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations
. Compared to flight operations with aircraft or rotor-craft weighting far more than the maximum 551bs. proposed herein and the lack.offlamma?le

**fu ~,**  any risk associated with these operations is far less than those presently present ed With conventiOnal aucraft operating at orbelow 500AGL. In addition, the low-altitude operatio
. ns

**of~e** UAS will ensure separation

**be~ en**  these UAS operations and the operations of conventional rurcraft that must comply with SectiOn 91.119
.14 C.F.R. §91.121 Altimeter Settings. This regulation requires eachperson operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "
... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the safety check list and live flight datamonitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes
." The battery powering the UAS provides approximately 25 minutes ofpowered flight. To meet the 30 minutereserve requirement in 14 CFR §91.151 , UAS flights would be limited to approximately 10 minutes in length. Giventhe limitations onthe UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight 

### in daylight ortwilight VFR conditions is reasonable. Applicantbelieves that an exemption from 14 CFR §91.15l(a) falls within the scope ofprior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level ofsafet y can be achieved by limiting flights to 20 minutes or 25% ofbattery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere 

### in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1)An appropriate and current airworthiness certificate
.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers orcrew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no ability orplace to carry certification and registration documents orto display them onthe UAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extentthey are applicable to the UAS.14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (h): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that 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
... ," and others shall inspect or maintain the aircraft in compliance with Part 43
. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. Ifmechanical issues arise the UAS can land immediately and will be usually operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided inthe FOM, the operator will ensure that the UAS is in working orderprior to initiating flight and perform required maintenance needed. Additional Information: Next Level Aerial Photography's pilots are all certified pilots with extensive and current knowledge of the NAS. The primary pilot, Brandon J. Hardin, has 2+ years ofrecreational UAS experience and an indepth understanding ofthe capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction ofcriteriaprovided in Section 333 ofthe Reform Act of2012 provide more than adequatejustification for the grant ofthe requested exemptions allowing the commercial operation ofthe applicant's UAS. Sincerely,**~** Brandon

### J. Hardin