October 2, 2015 Docket Operations,M-30 U.S. DepartmentofTransportation (DOT) DocketManagement System 1200 NewJersey Ave
., SE Room Wl2-140, West Building Ground Floor Washington, DC 20590-0001
Dear SirorMadam: 

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Attached please find Lenska Aerial Images (Lenska Aerial Images) request, as a member ofthe Professional Aerial Photographers Association, International (PAP A), for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging to include video and still photography. This exemption request is initially for the use of the Phantom 2 sUAS manufactured by DJI, an established sUAS company and in accordance with the sUAS training and certification program as administered byPAP A. Also attached to this letter is the equipment "Lenska Aerial Images Flight Manual" (Manual), which outlines the operating requirements, limitations, and technical specifications for the DJI Systems as used by Lenska Aerial Images. Lenska Aerial Images has reviewed this Manual and has found it to be acceptable for sUAS operations. Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) as the entire Manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release underthe Freedom ofInformation Act5 USC 552 et. seq. Thankyou for yourtime and consideration, andplease let me know ifyou have any questions.
Sincerely , 

# v.

**;:;,~**
LenskaBracknell LenskaAerial Images Corporate Officer



### ProfessionalAerial PhotographersAssociation-InternationalSection333 Doc 15-016October 2, 2015 Docket Operations, M-30 U.S. Department ofTransportation (DOT) DocketManagement System 1200 NewJersey Ave., SE Room Wl2-140, West Building Ground Floor Washington, DC 20590-0001 

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Re: Exemption Request Section 333 oftheFAA Reform Act and Part 11 oftheFederal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.15l(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Lenska Aerial Images (Lenska Aerial Images), an aerial photography and digital imaging company, on behalfofitselfand its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography, 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. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Lenska Aerial Images during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAPA). Lenska Aerial Images is a member ofthe Professional Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS). Principal employees have received ground school training and have logged well over 25 hours ofsUAS flight operations. The Pilot In Command (PIC) proposed by Lenska Aerial Images is an FAA licensed pilot with years ofsafe and successful aerial photography operations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "
...establish requirements for the safe operation of such aircraft systems in theNational Airspace System." Section 333(c) oftheReform Act.



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-016The name and address ofthe applicant is: Lenska Aerial Images 1042N. El Camino Real, #B-260 Encinitas, CA 92024 PIC-Lenska Bracknell, FAALicensed Pilot PH: 858-442-1585 Email: lenska@lenska.com 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) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14C.F.R.109 14C.F.R.119 14 C.F.R. 121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)
I. STATUTORY AUTHORITYFOREXEMPTIONS 

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TheFederal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §447ll(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, ora threat to national security. In making this determination, the Secretary must consider:
• The sUAS's size, weight, speed, and operational capability; • Whetherthe sUAS operates within the visual line ofsight ofthe operator 

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• Whetherthe sUAS operates outside ofhighly populated areas and away from close proximityto airports Reform Act §333(a). Ifthe Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." 

### !d. §333(c) Lenska Aerial Images' sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. They operateunder normal conditions at a speed ofno more than 70knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only within the controlled "Area of Operations" described in the Confidential Lenska Aerial Images Flight Manual (Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a hazard to users of the National Airspace System or the public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also, due to the small size ofthe sUAS, altitudes, and controlled areas in which the sUAS will operate, approval ofthe application presents no national security issue. Giventhe clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Lenska Aerial Images respectfully requests that the FAA grant the requested exemption without delay.
II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safetyprecautions in law risk environments. The use of sUAS on aerial photography operations can significantly reduce the risk to photographers and participants. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require direct access ormanned aircraft. Additionally, sUAS could replace the use ofhelicopters and small aircraft to produce imagery for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, and carry no combustible material on board, as opposed to the much larger conventionally 

### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-016

### Page lS powered small aircraft. Shiftingto sUAS from manned aircraft presents a marked safety increase for our workers and thepublic. Lastly, sUAS reduce the environmental impact by dramaticaJJy decreasing the energy used for aerial imaging and data collection

. The sUAS used by Lenska Aerial Images use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds oftimes heavier. 

### III. EQUIVALENT LEVEL OFSAFETYAND SECURITY LenskaAerial Images proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on imaging and photography operations conducted with conventional aircraft. Lenska Aerial Images will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption: I. The sUAS will be less than 20 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Maximum total flight time for each operational flight will be 20 minutes. The operator calculatesbattery reserve, and wiJJ return the sUAS to the "Designated Safety Zone" with at least 20% battery power reserve should that occurpriorto the 20minute limit. 4. Flights will normally be operated atan altitude ofnot more than 400feet AGL, but never in controlled airspace withoutpriorcoordination and approval ofATC. 5. Flights will not be conducted within the surface area ofcontrolled airport airspace without priorcoordination and approval ofATC. 6. Flights will not be conducted within 5 miles ofany uncontrolled airport withoutprior coordination and approval ofthe airport authority. 7. Crewfor each operation will consist ofthe sUAS Operator who will keep the sUAS within his visual line ofsight at all times and a qualified Observer. 8. The sUAS operator will be trained in flight, operations, and safetyprocedures as detailed in the FlightManual. 9. The sUAS will only operate within a confined "AreaofOperations" as defined in the Manual, including but not limited to evaluation ofthe airspace by reference to a current 1:500,000 scale FAA Sectional Aeronautical Chart. TheManual also requires the establishment ofa "Designated Safety Zone" for theflight operations area. 10. A briefing will be conducted regarding theplanned sUAS operationspriorto each day's production activities. It will be mandatory that all personnel who will beperforming duties within the boundaries ofthe Designated SafetyZonebepresent for this briefing. 11. All onsite personnel will consentto the UAS flyover on site by waiver, and the Operator will obtain additional verbal orwritten consent ofall persons who wiII be allowed within 100 feet ofthe flight operation.



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## I 6 12. Operatorwill have been trained in operation ofUAS generally and will have received up-todate information ontheparticular sUASto beoperated as required by the LenskaAerial ImagesManual. 13. Necessarywritten and/or oral permission from the relevantproperty holders will be obtained. 14
. All required permissions and permits will be obtained from territorial, state, country, orcity jurisdictions, including local law enforcement, fire, orother appropriate government agencies. 15. Ifthe sUAS loses communications orloses its GPS signal, itwill have thecapabilityto enter "loitermode" and hover, reestablish satellite connection, and return to apredetermined location within the "Designated Safety Zone" and land. 16. LenskaAerial Imagespersonnel will be easily identified by law enforcementpersonnel and the Publicthrough wearing a green fluorescent orblaze orange vestwith Section 333 Grant and PAP A credentials prominently displayed within a weatherproofcontainer onthe persons back. 

### IV. DESCRIPTIONOFSPECIFICREGULATIONS 14 CFR61.113 (a) & 

### (b): Private pilotprivileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the Operatoroperating the aircraft to have completed a sUAS flight training course of25 hours before flying a sUAS (See the Lenska Aerial Images Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraftthatcarries thepilot and passengers, the sUAS is remotely controlled withno living thing or cargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicable, and all flights are planned and coordinated in advance as setforth in the LenskaAerial ImagesManual. The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled Area ofOperation as setout in the LenskaAerial Images Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator, pursuant to the Lenska Aerial Images Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the Area of Operation as is currently done on aerial photography operations

. The FAA will have advance notice ofall operations as required. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations ofthe sUAS as requested, with an operator who has met the minimum requirements stated in the Lenska Aerial Images Manual, achieves the level of safety contemplated by 14 C.F
.R. §61.113 (a) & (b).



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### Page l7 14 C.F.R. 91.103: PreflightAction This regulation requires that each Operator in Command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Lenska Aerial Images Manual. These actions will provide an equivalent level of safety. 

### 14 C.F. R. 91.119: Minimum/Maximum SafeAltitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoffand vertical landing, which will typically operate at altitudes ofless than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitudes higher than the base ofcontrolled airspace without prior approval and coordination with ATC and will be in a Controlled Area with a "Designated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Lenska Aerial Images Manual for detailed procedures.) The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well asthe location where it is operated. No flight will be taken without therequired permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsitepersonnel, as outlined in the Lenska Aerial Images Manual, all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 20 lbs
. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure separation between sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. 91.121: AltimeterSettings This regulation requires each person operating an aircraft to maintain crmsmg 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 sUAS 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 LenskaAerial Images Manual and Safety Check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight. 

### 14 CFR91.151 (a): Fuelrequirements for flight in VFRconditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments as outlined in the Lenska Aerial Images 

### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-016

### Page lS Manual, and has a limited range and flight time which require an exemptionfrom 14 CFR 91.151 (a) The battery powering the sUAS provides approximately 20 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 , sUAS flights would necessarily be impossible to conduct. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a shorter time frame (less than 30 minutes) for flight in daylight ornight VFR conditions is reasonable. LenskaAerial Images believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption I0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.15l(a)). Operating the small sUAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Anequivalent level ofsafety can be achieved by limiting flights to 20 minutes, orenough battery reserveto ensure that the sUAS lands atthe ground station with at least 20% ofbatterypower (as determined by the onboard monitoring system and the operator), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similarexemptions have been granted tootheroperations, including Exemptions 2689F, 5745, 10673, and 10808. 14 CFR91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) & (b): Maintenance inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in the subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter
...," and others shall inspect ormaintain the aircraft in compliance with Part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to LenskaAerial Images. Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as referenced in the Lenska Aerial Images Manual. An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately even if operating at a maximum of 1200 feet AGL. As provided in the Lenska Aerial Images Manual, the operator will ensure that the sUAS 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. Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: 

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## I 9 Applicant seeks an exemption from the following rules: 14 C.F
.R. § 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.15l(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography operations. Approval of exemptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. andpowered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS will carry nopassengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small sUAS, weighing less than 20 lbs., conducted 

### in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with manned aircraft operating in closeproximityto the ground and people. Privacy All flights will occur overprivate orpublic property with theproperty owner'sprior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwisehaving agreed to be in the areawhere aerial photography will takeplace. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012-

-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in the aerial photography industrypursuantto theManual appended hereto

. Sincerely,

# y l5,a #'

Lenska Bracknell Lenska Aerial Images Corporate Officer



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