February 20, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform

Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R.

61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1);

91.409(a)(2);91.417(a) & (b).

Dear Sir or Madam:

Sydor Aerial Photography LLC petitions the Federal Aviation

Administration to conduct sUAS flights over privately owned property

for the purpose of creating image maps, photographs, and videos of

cellular phone towers.

Why use sUAS's for the inspection of cellular phone towers.

What is the the benefit to the public?

1) sUAS can quickly and cost effectively gather critical aerial data

that can be used for analysis and prevent interruption of service.

2) sUAS can reduce the need for individuals to photograph

potentially structurally compromised cellular phone towers from an

elevated position. The use of sUAS is in the public interest as it

reduces the potential risk of injury and death.

Sydor Aerial Photography LLC is a 100% veteran owned UAV

company that specializes in aerial photography and photogrammetry

with sUAV. Our experience in sUAS operations gives us the expertise

to conduct safe­flight sUAS operations. Sydor Aerial Photography LLC

takes a planned tactical approach to data gathering by optimizing and

reviewing the most efficient flight plan. This knowledge base has come

through years of piloting, maintaining, and repairing sUAS.
Pursuant to Section 333 of the FAA Modernization and Reform Act

of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Sydor Aerial

Photography LLC petitions the FAA to allow safe flight operation of its

sUAS for the purpose of capturing aerial photographic data from

cellular phone towers. Sydor Aerial Photography LLC hereby applies

for an exemption from the listed Federal Aviation Regulations (FARs)

to allow commercial operation of its sUASs, so long as such

operations are conducted within and under the conditions outlined

herein or as may be established by the FAA in an exemption granted

under either Section 333 or Section 49 U.S.C. § 44701(f).

Sydor Aerial Photography LLC has set forth conditions that are

consistent with the equivalent level of safety set forth in Exemption

11062 and the related exemptions issued to sUAS companies for

scripted closed set filming for the motion picture and television

industry.

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 1) limited, 2)

predetermined, 3) controlled as to access, and 4) would provide safety

enhancements to the already safe operations in the fields in which it

will operate, presently using manned aircraft or ground personnel.

Approval of this exemption would thereby enhance safety and fulfill

the Secretary of Transportation’s (the FAA Administrator’s)

responsibilities to “...establish requirements for the safe operation of

such aircraft systems in the national airspace system.” Section 333(c)

of the Reform Act.

The name and address of the applicant is:

Sydor Aerial Photography, LLC

1046 Autumn Lakes Circle, 3B

Mishawaka, IN 46544
Attn: Anthony Sydor, CEO

Regulations from which the exemption is requested:

14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.119(c)

14 C.F.R. 91.151(a)

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)

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

national airspace system (NAS) before completion of the rulemaking

required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose

a threat to national security in light of the following:

The UAS’s size, weight, speed, and operational capability;

Operation of the UAS in close proximity to airports and

populated areas; and operation of the UAS within visual line of

sight of the operator.

Reform Act § 333(b). Lastly, if the Secretary determines that such

vehicles “may operate safely in the national airspace system, the

Secretary shall establish requirements for the safe operation of such

aircraft in the national airspace system.” Id. at § 333(c)

The Federal Aviation Act, in addition to the authority granted by

Section 333 of Reform Act, expressly grants the FAA the authority to

issue exemptions. This statutory authority by its terms includes

exempting civil aircraft, as the term is defined under Section 40101 of
the Act, which includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a

regulation prescribed under subsection (a) or (b) of Section 333 or any

Sections 44702­44716 of the Transportation Act if the Administrator

finds the exemption in the public interest. 49 U.S.C. § 44701(f). See

also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. §

91.203(a)(1). This authority to grant exemptions reaches such issues

as authorization of commercial operation of aircraft without a pilot’s

license.

Based upon the spirit of Section 333, and the continuing integration

of small UAS's into the NAS, Sydor Aerial Photography LLC submits

this petition for review and approval.

Sydor Aerial Photography LLC operates a DJI Phantom 2 Vision

(quadcopter). Maximum manufacturer’s safe flight speed is less than

15 m/s. Sydor Aerial Photography LLC will not exceed 10 m/s during

UAS operation.

UA will not exceed 400 ft (AGL) and will only be operated within line

of sight of the PIC and VO.

Sydor Aerial Photography LLC submits “UAS safe flight operations

manual”, as it pertains to cellular phone tower aerial inspections as

Exhibit A.

Sydor Aerial Photography LLC submits the “UAS manufacturer

flight and operational manual” as Exhibit B.

Operational compliance of Exhibit A and B shall insure safe flight

operations within the boundaries of cellular phone towers. Compliance

outlined in Exhibit A and B shall also insure safe flight UAS operations

within the NAS.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Sydor Aerial Photography LLC proposes that the exemption requested

herein apply to civil aircraft that have the characteristics and that

operate with the limitations listed herein. These limitations provide for

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 operations normally conducted

with manned aircraft.

These limitations and conditions to which Sydor Aerial Photography

LLC agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The UAS must weigh less than 25 lbs., including battery and

camera. Operations will be limited to the aircraft described in

Exhibit B

2. The UA may not be flown faster than recommended by the

manufacturer. Sydor Aerial Photography LLC will not operate the

UA faster than 10m/s.

3. UAS operations will be conducted below 400 ft above ground

level (AGL). The height of the UA will not exceed 400 ft (AGL).

4. UAS operations will only be conducted in class G airspace,

unless otherwise approved by the FAA.

5. The UAS will be operated within visual line of sight (VLOS) of

the PIC at all times. This requires the PIC to be able to use

human vision unaided by any device other than corrective

lenses, as specified on the PIC’s FAA issued third­class medical

certificate.

6. All operations must utilize a visual observer (VO). The VO may

be used to satisfy the VLOS requirement, as long as the PIC
always maintains VLOS capability. The VO and PIC must be

able to communicate verbally at all times.

7. The operator will be bound by and follow Exhibits A & B. Any

additional requirements identified in the final conditions for this

exemption will be added to Exhibits A & B . Exhibits A & B will be

maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and

limitations in the final exemption and the procedures outlined in

Exhibits A & B, the conditions and limitations of the exception will

take precedence and will be followed. Otherwise, the operator

will follow the procedures as outlined in Exhibits A & B.

8. The operator will update or revise its Exhibits A & B. It will be

the operator’s responsibility to track such revisions and present

updated and revised documents to the Administrator upon

request. The operator will also present updated and revised

documents if it petitions for extension or amendment. If the

operator determines that any update or revision would affect the

basis for which the FAA granted this exemption, then the

operator will petition for amendment to their exemption. The

operator will contact the FAA’s UAS Integration Office (AFS­80)

with questions that may arise regarding updates or revisions to

Exhibits A & B.

9. Prior to each flight the PIC will inspect the UAS to ensure it is

in safe flight condition. The procedures for pre­flight inspection

and functional viability of all UAS components is outlined in

Exhibit A & B

10. Any UAS that has undergone maintenance or alterations that

affect the UAS operation or flight characteristics, e.g.,

replacement of a flight critical component, must undergo two

functional tests outlined in Exhibit C. The PIC who conducts the

functional tests will make an entry into the sUAS maintenance
record. Specific procedures for the sUAS functional tests is

submitted as Exhibit C.

11. The operator will comply with the manufacturer's

recommendations pertaining to maintenance, inspection and

replacement of UAS components. The maintenance manual,

submitted as Exhibit C, outlines these components.

12. The PIC will have at least a current private pilot certificate and

a current third­class medical certificate. The PIC will also meet

the flight review requirements specified in 14 C.F.R. § 61.56 in

an aircraft in which the PIC is rated on his/her pilot certificate.

13. Prior to operations conducted for the purpose of gathering

aerial data, the PIC will have accumulated and logged, in a

manner consistent with 14 C.F.R. § 61.51(b), a minimum of 300

flight cycles and 30 hours of total time as a UAS multirotor

aircraft pilot and at least 20 hours logged as a UAS pilot with a

similar UAS type. Prior documented flight experience that was

obtained in compliance with applicable regulations will be used

to satisfy this requirement. Training, proficiency, and

experience­building flights may also be conducted under this

grant of exemption to accomplish the required flight cycles and

flight time. During training, proficiency, and experience­building

flights, all persons not essential for flight operations will be

considered non­participants, and the PIC will operate the UA

with appropriate distance from non­participants in accordance

with 14 C.F.R. § 91.119.

14. Prior to any UAS operations by a grant of exemption the PIC

and VO will have completed a qualification process outlined in

Exhibit D. Exhibit D includes basic flight maneuvers, skilled flight

maneuvers, advanced flight maneuvers, and emergency

procedures. The qualifying process outlined in Exhibit D will be

implemented by a qualified person designated by the operator.
Upon request the record of qualifying completion will be made

available to the administrator.

15. Prior to operations conducted for the purpose of gathering

aerial data, a flight demonstration, administered by an

operator­approved and qualified pilot will be successfully

completed and documented. This documentation will be

available for review upon request by the Administrator. Because

the knowledge and airmanship test qualifications will be

developed by the operator, and there are no established

practical test standards that support a jurisdictional FAA Flight

Standards District Office (FSDO) evaluation and approval of

company designated examiners, the operator will conduct these

tests In accordance with Exhibit D.

16. The UAS will not be operated directly over any person,

except authorized and consenting personnel necessary for the

purpose, below an altitude that is hazardous to persons or

property on the surface in the event of a UAS failure or

emergency.

17. Regarding the distance from participating persons, Exhibit A

establishes safety mitigations for authorized and consenting

personnel. At all times, those persons must be essential to the

sUAS operation.

18. Regarding distance from non­participating persons, the

operator will ensure that no persons are allowed within 500 ft of

the area except those consenting to be involved and necessary

for the sUAS operation.

19. If the UAS loses communications or loses its Global

Positioning System (GPS) signal, the UAS will be programmed

to return to a pre­determined location within the security

perimeter and land or be recovered in accordance with the

Exhibit A&B.
20. The UAS will abort the flight in the event of unpredicted

obstacles or emergencies in accordance with the Exhibit A&B

21. Each UAS operation will be completed within 20 minutes of

flight time or with 30% battery power remaining, whichever

occurs first.

22. The operator will obtain an Air Traffic Organization (ATO)

issued Certificate of Waiver or Authorization (COA) prior to

conducting any operations under an exemption. The operator will

request a Notice to Airman not more than 72 hours in advance,

but not less than 48 hours prior to the operation.

23. All aircraft operated in accordance with this exemption will be

identified by serial number, registered in accordance with 14

C.F.R. Part 47, and have identification (N­ Number) markings in

accordance with 14 C.F.R. Part 45, subpt.C. Markings will be as

large as practicable.

24. The operator will develop procedures to document and

maintain a record of the UAS maintenance, preventative

maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. These

procedures will be added to Exhibit C.

25. Each UAS operated under this exemption will comply with all

manufacturer safety bulletins, firmware, software updates and

will be documented and updated in Exhibit A & B.

26. Before conducting operations, the radio frequency spectrum

used for operation and control of the UA will comply with the

Federal Communications Commission (FCC).

27. The documents required under 14 C.F.R. §§ 91.9 and 91.203

will be available to the PIC at the ground control station of the

UAS any time the aircraft is operating. These documents will be
made available to the administrator, or governing body upon

request.

28. The UAS will remain clear and yield the right of way to all

other manned operations and activities at all times (including, but

not limited to, ultralight vehicles, parachute activities, parasailing

activities, hang gliders, etc.).

29. UAS operations will not be conducted during night, as defined

in 14 C.F.R. § 1.1. Operations will only be conducted under

visual meteorological conditions (VMC).

30. The UAS will not be operated by the PIC from any moving

device or vehicle.

31. The UA will not be operated less than 500 ft below or less

than 2,000 ft horizontally from a cloud or when visibility is less

than 3 statute miles.

32. The UA will not operate in Class B, C, or D airspace without

written approval from the FAA. The UA will not operate within 5

nautical miles of the geographic center of a non­towered airport

as denoted on a current FAA­published aeronautical chart unless

a letter of agreement with that airport’s management is obtained,

and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA. The letter of agreement with the

airport management will be made available to the Administrator

upon request.

33. Incidents, accidents or flight operation that transgresses the

lateral or vertical boundaries of the operational area as defined

by the applicable COA will be reported to the Federal Aviation

Administration’s (FAA) UAS Integration Office (AFS­80) within 24

hours. Accidents will be reported to the National Transportation

Safety Board (NTSB) per instructions contained on the NTSB

web site: www.ntsb.gov. Further flight operations will not be
conducted until the incident or accident is reviewed by AFS­80

and authorization to resume operations is provided.

14 C.F.R. § ​61.113(a) & (b): Private Pilot Privileges and Limitations:

Pilot in Command

Sections 61.113(a) & (b) limit private pilots to non­commercial

operations. Because the UAS will not carry a pilot or passengers, the

proposed operations can achieve the same level of safety of current

operations by requiring the PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license in order to

safely operate sUAS. As outlined in Exhibit A, all sUAS operations are

carefully pre­planned flights and prior to each flight written approval

from the property owner, or property owner agent, will be obtained.

The level of safety provided by the requirements included in Exhibits A

& B exceeds that provided by a single person holding a commercial

pilot’s certificate operating a manned aircraft. The risks associated

with the sUAS operation within the operational area are so diminished

from the level of risk associated with commercial operations

contemplated by Part 61 that allowing operations of the sUAS as

requested with a private pilot as the PIC meets and exceeds the

present level of safety achieved by 14 C.F.R. § 61.113(a) & (b).

The FAA has granted exemptions for private pilots to conduct similar

operations in Exemptions 11062 through 11067 and 11080.

14 C.F.R. § ​91.119: Minimum Safe Altitudes

Section 91.119 sets forth safe altitudes for operation of civil aircraft.

Section 91.119(c) allows helicopters to be operated at less than the

minimums prescribed, providing that the person operating the

helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a sUAS that is similar

to a helicopter, and the exemption requests authority to operate at

altitudes up to 400 ft AGL, an exemption will be needed to allow

operations. Because the aerial data sets do not require flights greater
than 400 ft (AGL), Sydor Aerial Photography LLC will not operate the

UA at or greater than 400 ft (AGL).

The FAA has previously granted exemptions to conduct similar

operations in Exemptions 11062 through 11067 and 11080.

14 C.F.R. § ​91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an

airplane under VFR conditions unless (considering wind and forecast

weather conditions) there is enough fuel to fly to the first point of

intended 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 5200mAh lithium polymer smart battery powering the sUAS

provides approximately 25 minutes of flight. In order to meet the

30­minute reserve requirement in 14 C.F.R. § 91.151, the sUAS

flights would not be able to operate. Given the powered flight

limitations of the sUAS, within the restricted flight area a longer time

frame for flight is reasonable.

Sydor Aerial Photography LLC believes that an exemption from 14

C.F.R. § 91.151(a) falls within the scope of prior approved

exemptions. Ex. Exemption 10673. Flight operations via the sUAS,

with less than 30 minutes of reserve fuel, does not apply to the original

intent of Section 91.151 (a), given the sUAS size and speed.

Sydor Aerial Photography LLC believes that an equal level of safety

can be achieved by limiting flights to 20 minutes or 30% of battery

power whichever occurs first. Limiting sUAS flights to 20 minutes or

30% battery power allows the PIC adequate time to return the UA to

its pre­determined home landing position.

Similar exemptions have been approved for other sUAS operations,

including Exemptions 2689F, 5745, 10673, 10808 and Exemptions

11062 through 11067 and 11080.
14 C.F.R. § ​91.405 (a); 407(a)(1); 409(a)(2); 417(a) & (b):

Maintenance Inspections

These regulations require that an aircraft operator or owner “shall

have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph

(c) of this section, have discrepancies repaired as prescribed in Part

43 of this chapter...,” and others shall inspect or maintain the aircraft

in compliance with Part 43.

The above mentioned sections and Part 43 apply only to aircraft with

an airworthiness certificate, therefore these sections do not apply to

Sydor Aerial Photography LLC. Operational maintenance will be

performed as outlined in Exhibit C. Due to the size of the UA and its

camera an equal level of safety will be achieved. In the event of

mechanical issues, during flight operations, the UA can be safely

landed. Refer to Exhibit B failsafe procedures. As provided in Exhibits

A and B the operator will ensure that the sUAS is in working order

before the start of any sUAS operations. In addition, the PIC will

perform required maintenance, and keep a log of any maintenance

performed. Since the operator is the person most familiar with the

entire sUAS best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety. As outlined in

Exhibit C annual inspection, maintenance will be performed by an

independent third party not affiliated with Sydor Aerial Photography

LLC.

The FAA has granted exemptions for similar operations in Exemptions

11062 through 11067 and 11080.

To satisfy 14 C.F.R. Part 11, the following summary is provided for

publication in the Federal Register.

Sydor Aerial Photography LLC seeks an exemption from the following

rules:
14 C.F.R. §§ 61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a);

91.407(a) (1); 91.409(a)(2); and 91.417(a) & (b)

Sydor Aerial Photography LLC seeks approval, of the before

mentioned exceptions, in order to commercially operate sUAS for the

purpose of aerial image data acquisition of cellular phone towers. It is

the belief of Sydor Aerial Photography LLC that sUAS inspection of

cellular phone towers is a safer alternative to the current practice that

requires individuals to climb cellular phone towers to gather

photographs of critical structural objects and components.

Sydor Aerial Photography LLC believes it's petition for exception

satisfies the criteria provided in Section 333 of the Reform Act of 2012

(size, weight, speed, operating capabilities, proximity to airports and

populated areas, operation within visual line of sight, and national

security) provide adequate justification for the grant of the requested

exemptions.

Sydor Aerial Photography LLC further believes that it's petition for

exception exceeds the level of safety established in the exemptions

already granted, including Exemptions 11062 through 11067 and

11080.

Sincerely,

Anthony Sydor