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January**14~** 

### 2016 Michael's Drone Photography, L.L.C. 

### 2074 Pawnee Dr. Kingman, AZ 

### 86401 (928) 897-2631 dronephotos@hotmail.com

U.S. Department ofTransportation Docket Management System 

### 1200 NewJersey Avenue SE Washington, DC 

### 20590
Re: Exemption Request from 14 CFR

### § 61.56 

### Dear Sir(s)/Madam(s): 

## .....

Pursuant to Section 

### 333 ofthe FAA Modernization and Reform Act of

### 2012 ("Reform Act") and 

### 14 C.F.R. Part 

### 11, Michael's Drone Photography, L.L.C., an Arizona limited liability company, the operator ofa DJI Inspire 1 ("UA"), seeks an exemption from the Federal Aviation Regulations ("FARs") as listed

### and discussed below. Michael's Drone Photography's team has flown its UAs, for recreational purposes, for hundreds ofhourswithoutincident and was recently granted a similarexemption for 

### its DJIInspire 1 UA. Michael's Drone Photography's UAs are equipped to take aerial videography and photography to enhance awareness for those individuals and companies unfamiliar with the geographical layout ofcertain areas and augmentreal estate listings and promote the use ofcertain real estate properties which provides an enhancement to academic research being performed in certain geographical areas ("purpose"). Michael's Drone Photography has currently an FAA exemption, Exemption No. 

### 12265. This request for exemption is for the FAA to waive the requirement for Michael's Drqne Photography's pilots to hold either an airline transport,**commercial~** private, recreational, or sport pilot certificate.

1
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631Micl).ael's Drone Photography's exemption request will permit the operation of comparatively inexpensive UAs, without the necessity of its pilots holding either an airline transport, commercial, private, recreational, or sport pilot certificate, in tightly controlled, predetermined and limited airspace. I'h:is airspace will include areas away from genera! public, 5 nautical miles of an airport, heliports and vehicular traffic for community videos, and within property boundaries for real estate listing videos and photos. Michael's Drone Photography has safety protocols and controls inplace to avoid andpreventpublichazards as well as preventingthe interference with manned aircraft which could cause a hazard or catastrophe. This acts to enhance safety protocols unique to Michael's Drone Photography's lightweight UAs being utilized specifically for real estate videography and photography. Michael's Drone Photography hope to 

### be ableto conductaerial videography andphotographytoenhance academic community awareness and augment real estate listing photos and videos and record other information gained through

. permitted flight operations which may be shared with the FAA through any required FAA reports to assist with the development offuture FAA protocols and safety regulations. The ·use ofMichael's Drone Photography's UAs for these purposes reduces the need to operate conventional aircraft, typically needed to perform these types ofoperations, provides.an economic benefit to the business consumer as the Michael's Drone Photography UAs**pr~vides** higher quality imagery at. a fraction of the**~ost** of aerial videography and·.photography using conventional aircraft. .These sav.ing.s result in not only enhanced efficiency and productivity for



## . ' the affected activities but added environmental and safety benefits to the public at large. These savings will be diminished ifthe pilots are required.to attend flight school training in order, to obtain apilotcertiticate. Additionally,thereis an increased safetyissue whenputtingan additional pilot in a manned aircraft solely for the purpose ofobtaining a certificate that the pilot will only use belowthe airspace of**mann~d** aircraft. The means do notjustify the end. As described more fully below, Michael's Drone Photography's requested exemption would authorize commercial operations of aerial videography and photography, without. the necessityofits pilots holding eithe.r an airiine transport, commercial, pri'vate, recreational, or sport pilot certificate,. using MichaeFs Drone Photography's UAs, which will. be

### ope~ated under c<;>ntrolled conditions at an altitude ofno

### great~r**th~** three hundred (300) feet AGL

### i~ airspace that is limited in scope and

### will'h~ve automated control features. Michael's Drone Photography's

. ' ' pilots are.willing to pass an FAA approved ground training exam, ifrequired by

.**th~** FAA.**~s** outlinedbelow,the airspaceinwhich Michael'sDronePhotography'sUAs**w~ll** operate withinwill be disclosed to the FAA 

### in advance to flight operation. Finally, Michael's Drone Photography's UAs will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft which shouldreassure the FAA that these operations will**achi~ve** at least anequivalent level or greater level ofsafety. · ·
'2
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 · Phone: (928}**897~2631**. . •, ·:,· . :. , . .. 

### In the interest of economic efficiency and public safety, Michael's Drone Photography hereby respectfully applies for anexemption from 14 CFR §

### 61.56to allowcommercial operations ofMichael's Drone Photography'sUAs, so long as suchoperations are conducted withinandunder the conditions outlined herein or as may be established by the FAA as required by Section 333. Approval of this exemption would thereby enhance safety and fulfill

.the Secretary of Transportation's ("Administrator") responsibilities under Section 333(c) ofthe Reform Act to "establish requirements for the safe operation of such aircraft systems in the national airspace system." As discussed above and more fully described below, the requested exemption would permit the operation ofsmall, unmanned and relatively inexpensive UAs under controlled conditions in airspace that is limited and predetermined, with the necessity of either an airline transport, commercial, private,**recreational~·** 

### or sport pilot certificate. Approval ofthis exemption would thereby enhance safety and fulfill the Administrator responsibilities to "

...**~stablish** 

### requirements for the safe operation ofsuch aircraft systems in the national airspace system." Please see Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Michael's Drone Photography, L.L.C. 2074 Pawnee Dr. ·Kingman, 1\Z 

### 86401 (928) 897-2631

REGULATION FROM WHICH THE EXEMPTION IS REQUESTED 14 C.F.R. 61.56

This exemption application is expressly submitted to fulfill Congress' goalinpassing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to considerwhethercertain unma.nn.ed aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUAs do not create ahazard to users ofthe NAS orthe public orpose a threat to national secur.!ty in light ofthe following: · ·

• The UA's size, weight, speed, and operational capability; 3
Michael's Drpne Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897·2631• Operation ofthe UAs in close proximity to airports and populated areas; and • Operation ofthe UAs within visual line ofsight ("VLOS") ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. §333(c) (emphasis added). 1
The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority by its tefllls includes exempting civil aircraft, as the term is defmed under §40101 ofthe Act, that

**include~** UAs, 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) of this section or any sections 44702-44716 of this title if the Administrator fmds the exemption in the public interest 49 U.S.C. §4470l(f). See also 49 USC §447ll(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Michael's Drone Photography's UAs are rotorcraft weighing less than five. (5) pounds {2.26796 Kg) including energy source(s), equipmentand anypayload. They operate, w:tdernormaJ conditions at a ground speed ofno more than thirty (30) knots and have the capability to

**~over,** and move in the vertical andhorizontal plane simultaneously. The UAs will operate only in line of sight and 

### within a safe distance. Suchoperations will insure that the UA will "notcreate a hazard to users ofthe national airspace system orthe public."3 Given the small size ofthe UAs involved and the restricted environment within which they will operate, Michael's Drone Photography falls squarely within that zone ofsafety(anequivalent level ofsafety) in which

**Congre~s** ynvisioned that the FAAmust, by exemption, allowcommercial operations ofUAs to commence immediately.· Also due to the size ofthe UAs and the restricted areas in which the relevant UAs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform

**Ac.t~** the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, a.."ld the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with



### ~Bowing UAs ·for aerial



### videograp~y and photography operations, the grant ofthe requested exemptions is in the public

1Michael's Drone Photography interpretsthis provision to place the duty on the Administratorto not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the.safe operation ofthe UA, if it should be determined thatthe conditions set forth herein do. not fulfill the statutory requirements for approval. 3

. Reform Act Section 333 (b). 4
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 8(?401 Phone: (928) 897-2631interest. Additionally, there 

# is economic efficiency ·created with. the use of Michael's Drone Photography's UAs as the typical cost to perform aerial videography and photography with helicopters .and airplanes heavily multiplies the cost to business consumers and government agencies, including lawenforcement, forthe services which are to beprovided byMichael'sDrone Photography. Again, this economic efficiency is lessened when the pilot has to hold either an airline transport, commercial, private, recreational, or sport pilot certificate.
THE EXTENT AND BASIS OFTHERELIEF SOUGHTBYMICHAEL'S DRONE PHOTOGRAPHY Michael's Drone Photography submits this application inaccordance with theReform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARoperatingthatpresently prevents Michael's Drone Photography from contemplated commercial**video~graphic,** photographic and other flight operations within the national airspace system, without its pilots holding either an airlinetranspprt, commercial,private, recreational, orsportpilot certificate. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into ournational airspace systemas itis inthepublic'sinterestto do so. Michael'sDronePhotography's UAs meet the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofMichael's Drone Photography'sultralight weight UAs is expressly contemplatedby**~the** Reform Act. Michael's Drone Photography would like to operate its ultralight weight UAs without the necessity of its pilots holding either an airline transport, commercial, private, recreational, or sport pilot certificate, prior to the time period by which the Reform Act requires**~e** FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UA aerial videography and photography. The Reform Act guides the Administrator in determining the types of UAs that may operate safely in our national airspace system. These considerations include: weight, size, speed and overall**capabilit~es** ofthe UAs; whether the UAs will be operated near airports orheavilypopulated areas and; whetherthe UAs will beoperated by line ofsight.4 Each ofthese items is favorable to the grant ofan exemption to Michael'sDrone Photography. Michael's Drone Photography's UAs utilize four {4) counter-rotating propellers for**bal~ce,** control and stability. Michael'g Drone Photography's UAs are equipped with GPS and auto returnsafetytechnology. Michael'sDronePhotography'sUAsweighlessthanfive (5)pounds including camera and gimbal assembly. Under Michael's Drone Photography's restrictions by the FAA, Michael's Drone Photography's UA shall not fly higher than 400 feet, well below the airspace ofother manned aircraft. Michael's Drone Photography's UAs are already prohibited from flying within 5 nautical miles of an airport. Michael's Drone Photography would like to operate in a very rural city wherein there is nqt a large population ofpeople and major**building~.**

5
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928)**897~2631**· 4 112 P.L. 95 § 333 (a). Michael's Drone Photography puts safety first when considering any UA flight. Michael's Drone Photography's small UAs are designed to hover in place via GPS and operate in less than a 24 knot (27 mph) wind. In order to increase safety plus stability and limit harm and financial loss ofproperty, Michael's Drone Photography will not fly its UAs in winds exceeding 15 knots (17 mph). Michael'sDrone Photography's established safety systems include a GPS mode that allows its UAs to hover in place when radio controls are released. Michael's Drone Photography's UAs have three modes to choose from, Michael'sDrone Photographyutilizesthe Intelligent Orientation Control (IOC) Flight (with GPS 

### & compass module)5 for aerial videography and photography. This mode is the safest, most reliable and stable mode to prevent accidents and being a hazard to others. When pilot communication is lost, Michael's Drone Photography's UAs are designed to return then slowly descend to the point oftakeoff. Michael's Drone Photography does not operate its UAs near airports, hospitals, police heliports or news channel heliports. Michael's Drone Photography does not operate its UAs in areas where general public is within fifty (50) to one hundred (100) yards depending on location, conditions and weather. Michael's Drone Photography's pilots and observers are constantly on alert for any manned aircraft and prepared to immediately abort. and land the UA at the nearest and safest ground point in the event a manned aircraft approaches or the Michael's Drone .Photography pilot or observer suspects a manned aircraft may approachthe operating area ofaMichael'sDrone Photography UA. ,Michael's Drone Photography's UAs are capable ofvertical and horizontal operations, and are flown only within my line of sight ofthe pilot Michael's Drone Photography's UA flights generally last ten (10) minutes with an altitude under three hundred (300) and utilize battery· power rather than combustible fuels. Michael's Drone Photography does not operate its UAs below the manufacturer's recommended minimum charge levels for operation preferring to remain well within a safe operating range to insure adequate communication between radio control and the UAs to eliminate potential for crashes, loss ofcontrol or hazard. Fully charged reserve batteries are on hand with to insure replacement for a sufficiently safe level ofoperation. Michael's Drone Photography operates very conservatively and does not believe in taking risks that may cause a crash or that could create hazard to the public, property and manned aircraft. Mic-hael's Drone Photography's pilots have made numerous practice flights in order to simulate flights for future commercial use to gain familiarization with the characteristics ofthis specific UA's performance under different temperature and weather conditions. Michael's Drone Photography is extremely cautious when

**op~rating** ofits UAs and will not "create

# a hazard to users ofthe national airspace system or the

**public.~' 6**  Given the small size andweight ofMichael'sDrone Photography'$UAs, they fall well within Congress'scontemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAs into the national airspace system. Michael's Drone Photography's UAs, utilized-in hobby f-light, has a demonstrable

**saf~ty** record and do not pose any threat to the general public or

**nati~:mal** 6
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631security. Hobbyists are not required to hold either an airline transport, commercial, private, recreational, or sport pilotcertificate and Michael's Drone Photography.respectfully requests that itspilots be exempted from such a requirement also.

5GPS and Vision Positioning both available, and the aircraft uses GPS for positioning (P-GPS) 6 112 P.L. 95 §333 (b).



### MICHAEL'S DRONE PHOTOGRAPHY'S REQUEST WILL BENEFIT THE PUBLIC AT LARGE Aerial videography and photography for geographical awareness and for real. estate marketing and promotion has been around for a long time through the use ofmanned fixed wing aircraft and helicopters. The challenge for smaller real estate companies and average landowners is that the expense related to manned videography and photography is cost prohibitive. Typically, only largebusinesses, large high endreal estate companies and high networth landowners are able to absorb such an enormous expense. This deprives non-luxury landowners and small revenue real estate companies from the enjoying the benefit ofthis valuable marketing and promotional tooL Manned aircraft pose a clearthreatto the generalpublicthrough potential catastrophic crashes that may occur.. There aremanydocumentedeventswhere amannedaircrafthascrashedintopopulated

.**~eas** with the size and combustibility ofthese manned aircraft causing large property damage, human injuries and loss oflife. Michael's Drone Photography's UAs pose no such threat since size and lack ofcombustible fuel alleviates any ofthese potential threat to the public. With the passage of the Reform .(\ct, Congress has already proclaimed that it is in the public's interest to integrate commercially flown UAs into the national airspace system. The grant ofthe exemption request by Michael's Drone Photography furthers the public interest through .academic and visual awareness ofthe geographical benefits ofcertain areas and by making this cost**effec~ive** alternative available to small real estate companies and the average landowner. Michael's Drone Photography's ultralight UAs**~e** battery powered and create no emissions that may harm the environment. Inthe unlikely event ofa Michael's Drone PhotographyUA crash, the consequence is far less than a full size helicopter or fixed wing aircraft, which are heavy and contain combustible fuel, crashing and causing catastrophic devastation to the public. The public's interest is furthered as Michael's Drone Photography minimizes ecological and crash threat by permitting aerial videography and photography captured through Michael's Drone Photography's battery operated ultralight UA's. Permitting Michael's Drone Photography to immediately fly within national air space, but no higher than 300 feet, furthers not only public safety but economic growth. Granting Michael's Drone Photography's exemption request substantially furthers the economic impact for any community and for companies looking to 7
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631· ·relocate or build in a certain community as well as individuals looking to relocate to a community for career advancement through academic and geographical awareness provided by Michael's Drone Photography. In the end, the granting ofthis exemption to Michael's Drone Photography will serve as a benefit and stimulus to any community.

MICHAEL'S DRONE PHOTOGRAPHY'S EXEMPTION WILL NOT ADVERSELY AFFECT SAFETY AND WILL PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO EXISTING FAA STANDARDS Michael's DronePhotography'sexemption will not adversely affect safety, as itwill infact enhance safety. Michael'sDronePhotography's abilityto log significant, controlled and monitored flight time in FAA controlled airspace will allow Michael's Drone Photography to contribute to the innovation and implementation ofnew, novel and undiscovered safety protocols for realtors that may be embraced by the NAR2 through consistent and ongoing cooperation with the FAA. Additionally, the FAA may utilize the new safety protocols for the use ofUAs in FAA controlled

. . . . airspace for all industries. Michael's Drone Photography submits the following representations ofenhancements to current aerial videography and photography:

• Michael's Drone Photography's UAs weigh less than 5pounds (2.26796 Kg) complete with the camera and gimbal assembly; • Michael's**Dro~e** Photography will only operate its UAs below three hundred (300) feet or less, which is well within the three hundred (300) feet ceiling having.been established by the Reform Act of2012;

. •Michael's Drone Photography's UAs only operate for ten (10) minutes per flight; • Michael's Drone Photography lands its UAs prior to manufacturer's recommended minimum level ofbattery power; . . . . .Michael's Drone Photography's pilots operate the UAs through Visual Line ofSight only; • Michael'sDronePhotography'sUAshave a GPS flight safety feature wherebytheUAhovers and then slowly lands ifcommunication with the pilot is lost;
e Mjchael's Drone Photography actively analyzes its flight data and other sources of information to constantly update and enhance its safety protocols;

2National Association ofRealtors, http://www.realtor.org/ 8
MichaeVs Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631• Michael's Drone Photography only operates in reasonably safe envirorunents which are strictly controlled and away from power lines, elevated lights, airports and actively populated areas; • Michael's Drone Photography conducts extensive pre-flight inspections and protocol to ensure safety remains the primary concern; • Michael's Drone Photography always obtains all necessary permissions from the FAA and landowners prior to the operation its UAs and; • Michael's Drone Photography has established safety procedures in place to abort flights in the event ofsafety breaches or any potential danger. Michael's Drone Photography's safety protocols provide a level of safety equal to or

.exceeding existing FAA rules. It is important to note that absent the integration ofcommercial

UAs into our national airspace system, manned fixed wing airplanes and helicopters are the primary means ofaerial videography and photography for community awareness and real estate uses. Whilethe safetyrecord ofsuchhelicoptersisoutstanding,there havebeenincidents involving loss oflife as.well as extensive property damage due to crashes ofthese manned aircraft and it is far saferand less expensiveto operate abatterypoweredMichael's DronePhotography'sultralight UAs to accomplish the same task. The potential for loss oflife is great diminished with a UA as Michael's Drone Photography's UAs carry no people or fuel on board and the UAs are also very small and versatile which allows Michael's Drone Photography to avoid hazards quickly and safely. The chance ofloss oflife is increased when Michael's Drone Photography's pilots are required to obtain a pilot certificate. Accordingly, Michael's Drone Photography respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Michael's Drone Photography proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitati<ms provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure becausethe proposed operations representa safetyenhancementto the operations conducted with conventional aircraft. The FAA has noted in past exemptions that "Conventional aerial video operations, usingjetorpiston-powered aircraftpresentrisks associated with aircraft that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large quantities offuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. Please see FAA Exemption 11110.

9
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631 ·**----·-·-------------~---------------**

' ••• •••••••••·• f These limitations and conditions to which Michael's Drone Photography agrees to be bound when conducting all operations under an FAA issued exemption inClude: 1. The UAs will weigh less than five (5) pounds (2.26796 Kg). 2. Maximumtotal flighttime for each operationalflight will beten (10) minutes. Flights will be terminated at thirty percent (30%) battery power reserve should that occur priorto the ten (10) minute limit. 3. · ·Flights will be operated at an altitude ofno more than three hundred (300) feet AGL. 4. Minimum crew for each operation will consist ofthe UA Pilot and a Visual Observer ("VO"). 

### 5. The UAs will only operate within a safe area. 6. A briefing will be conducted withregard to the plannedUA operations priorto flight operations. It will be mandatory that all personnel who will be performing duties

. with regard to the flight operatiqns be present for this briefing. 7. The Pilot and VO will have been trained in operation ofUAs generally and received up-to-date information on the particular UA to be operated and the UA will be operated in conformity with Michael's Drone Photography's protocols. 8. The PILOT and VO will at all times be able to communicate via. voice communication. 9. Written and/or oral permission from the relevant property holder(s), or their

· authorized representative(s), will be obtained. 10. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

### ll. Ifthe UA loses communications or loses its GPS signal, the UA will return to the launch site ofthe UA, or another more appropriate site, and land. 12. The UA will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. 14 C.F.R. § 61.113(A) & (B); 61.133(A): PRIVATEPILOT PRIVILEGES ANDLIMITATIONS; PILOT IN COMMAND; COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS: PILOTIN COMMAND Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft.that carries a pilot, passengers, and cargo, the UA in this case**i~** remotely controlled with no passengers or property ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command of an aircraft for compensation or hire. Michael's Drone Photography respectfully proposes that operator requirements should take into account the characteristics ofthe particularUA. Michael's Drone 10
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631Photography'sUAs have various built-intechnical capabilitiesthat strictly limitthe potential for operation outside ofthe operating conditions set forth in the exemption application including a fly back to launch pointto terminate the flight. Since hobbyists are notrequired to have a pilot license, Michael's Drone Photographyrequests exemption for the need ofthe pilot to belicensed as a pilotbythe FAA.

• Detection oflost GPS or ofinsufficient satellites initiates an immediate return to launch location. • Lowpower onthe aircraft triggers escalating alarms at 30% and 15% levels. • The aircraft weighs less than five (5) pounds (2.26796 Kg), fully loaded. Given these safety features, Michael's Drone Photography proposes that operators ofthe · UAs should not be required to hold either an airline transport, commercial, private, recreational, or sport pilot certificate. Michael's Drone Photography notes that the FAA has found that safety factors permitted operation ofUAs by operators with these qualifications in the case ofoperations pursuant to public COAs where the mandatory operating conditions specified above are present. Please see Federal Aviation Administration, Notice N-8900

..227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilotrequirements for commercial operations. Given these conditions and restrictions, an equivalent level ofsafety will be provided by allowing operation ofMichael's Drone Photography's UAs without either an airline transport, commercial, private, recreational, or sport pilot certificate, under the conditions set forth herein. The risks associated with the opera_tion ofMichael's Drone Photography's UAs (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminishedfrom the level ofrisk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations ofthe UAs as set forth above meets or exceeds the present lev.el ofsafety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level ofrequiring a commercial pilot to operate the aircraft under §61.133(a). Sections 61.113 (a) & (b) limitprivate pilots to non-commercial operations. Because the UAs will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrentoperations bynotrequiring the PILOToperatingthe aircraftto eitheranairline transport, commercial, private, recreational, or sport pilot certificate to operate these small UAs. Unlike aconventional**~rcraft**thatcarriesthepilotandpassengers,theUAs areremotelycontrolled 11
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631

### with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provided by Michael's Drone Photography's exceeds that provided by a single individual holding a pilot's certificate operating aconventional aircraft. The risks associated with the·operation ofthe UAs are so diminished from the level ofrisk associatedwith commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe UAs**~requested** 

### exceeds the present level of safety achieved by 14 C.F.R. 

### §61.113 (a) & (b).



### 14 C.F.R. §91.109: FLIGHT INSTRUCTION 

### Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAs andremotelypilotedaircraft,bytheirdesigndo nothave fully functional dual controls. Flightcontrol is accomplished through the use ofa control boxthat communicates withthe aircraft via radio 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. Please see FAA Exemption Nos. 5778K & 

### 9862A. The equivalent level ofsafety is provided as neithera pilotnorpassengers will be carried inthe aircraftand bythe size and speed ofthe aircraft. 14 C.F.R. §91.119: MINIMUM SAFE ALTITUDES 

### 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 operatingthe helicoptercomplies with anyroute oraltitudesprescribedforhelicopters bythe

## FAA. As this exemption is for UAs that are a helicopter and the exemption requests authority to operate at altitudes up to three hundred (300) feet AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions, the UAs will never operate at higher than.

### three hundred (300) feet AGL. It will however be operated in a restricted area with perimeter, where buildings andpeoplewill notbe exposedto**op~rations** 

### withouttheirpre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAs as well as the location where it is operated. No flight will be taken without the permission ofthe

• ' I 

### property owner or local officials. Because ofthe advance notice to the property owner(s), ortheir authorizedrepresentative(s), all affected individuals will be**~ware** 

### ofthe planne_d fl:ight operations. When.one compares the flight operations proposed herein with aircraft or rotorcraft weighing far 12
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631in excess ofthe less than five (5) pounds (2.26796 Kg) and the lack offlammable fuel, any risk · ·· associated with these proposed operations is far less than those presently presented with conventional aircraft operating at or below five hundred (500) feet AGL. 

### In ·addition, the lowaltitude operations ofthe UAs will ensure separation between these small UAs operations and the operations ofconventional aircraft that must comply with Section 91.119.

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Michael,s Drone Photography seeks an exemption from the following rule: 14 C.P.R. §61:56 to operate commercially a small unmanned vehicle weighing less than fifty-five (55) pounds (25 Kg) in its operations with the necessity ofthe pilot holding either an airline transport, commercial, private, recreational, or sport pilot certificate. Approval ofexemptions allowing commercial operations ofUAs in the purposes outlined above (or similar operations) will enhance safety by reducing risk. Conventional aerial videography and photography operations, usingjet or piston power aircraft, operate at extremely lowaltitudesjustfeet from the objectbeingphotographed and often in extremeproximitytopeople and structures; and present the risks associated with vehicles that weigh in the neighborhood of fourthousand (4,000) pounds, carrying large amounts of jetA orother fuel (one hundred and forty (140) gallons forjethelicopters). Such aircraft mustfly to and from the site'slocation. 

### In contrast, a UAweighingless than five (5) pounds (2.26796 Kg) pounds and powered by batteries eliminates virtually all ofthatrisk given the reduced mass and lack ofcombustible fuel carried onboard. The UA is carriedto the site ofthe purposes outlined above (or similaroperations) and not flown to the site. The UA will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. · The operation ofsmall UAs, weighing less than five (5) pounds (2.26796 Kg), conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grantofthe exemptionsrequestedherein, including exemptingMichael'sDronePhotography from therequirements ofPart21 and allowingcommercial operations. These lightweight aircraftoperate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. PRIVACY All flights will occur over private, controlled or approved property with the property owner's, or their authorized representative, prior consent and knowledge. The aerial videography 13
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401

· Phone: (928) 897-2631and photography will be ofstructures and property whose owner, orauthorized representative, has consented to the aerial videography and photography or otherwise have agreed to be in the area where aerial videography and photography will take place. The grant ofthis exemption request will provide improved safety in all operations. Satisfactionofthe criteriaprovidedin Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports andpopulated areas and operation within visual line ofsight and national security- provide more than adequatejustification for the granting ofthe requested exemptions allowing commercial operation ofMichael's Drone Photography's UAs. 

### SUMMARY OF MICHAEL'S DRONE PHOTOGRAPHY'S REQUEST FORAN FAA EXEMPTION
1. Michael's Drone Photography's UAs must weigh less than five (5) pounds (2.26796 Kg), including energy source(s) and equipment. Operations authorizedbythe grant ofan exemption are limited to the following aircraft: Michael's Drone Photography's UA aircraft variant, bearing serial #PH645210898 onward as additional UAs are utilized by Michael's Drone Photography provided the additional UAs are of the same or similar specifications as the UA bearing serial# PH645210898. Any proposed operations ofany other aircraft will require a new petition or a petition to amend this grant. 2. Michael'sDronePhotography'sUAs maynotbe flown ata ground speedexceeding thirty (30) knots. 3. Michael's Drone Photography's flights must be operated at an altitude ofno more than three hundred (300) feet above ground level (AGL), as indicated by the procedures. All altitudes reported to ATC must be in feet AGL. 4. Michael's Drone Photography's UAs must be operated within the VLOS ofthe PILOT at all times. This requires the PILOT to be able to use human visionunaided by any device otherthan corrective lenses. 5. All Michael's Drone Photography operations must utilize aVO. The VO may be used to satisfy the VLOS requirement as long as the PILOT always maintains VLOS capability. The VO and PILOT must be able to communicate verbally at all times. 6. Priorto each flight the PILOT must inspect the UAto ensure it is in a condition for safe flight. Ifthe inspectionreveals a conditionthataffectsthe safe operation ofthe UA, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UA is 14
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631found to be in a condition for safe flight. A Ground Control Station, ifutilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 7. Any UA that has undergone maintenance or alterations that affect the UA's operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PILOT who conducts the functional test flight must make an entry inthe UA's aircraft records ofthe flight.

8. Michael's Drone Photography must follow the manufacturer's UA aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified. At a minimum, requirements for the following may be included in protocols and controls to be established by Michael's Drone Photography:

a. Actuators/Servos; b. Transmission (single rotor); c. Power plant (motors); d. Propellers; e. Electronic speed controller; f. Batteries; g. Mechanical dynamic components (single rotor); h. Remote command and control; 1. Ground control station (ifused); and J. Any other components as determined by Michael's Drone Photography.

9. Ifthe UAs lose communications or loses its GPS signal, the UAs must return to a pre-determined location within the security perimeter and land orbe recovered. 10. The UAs must abort the flight inthe event ofunpredicted obstacles oremergencies. 11. Each UA operation must be completed within ten (10) minutes flight time or with thirty percent (30%) battery power remaining, whichever occurs first.

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Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-263112. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFRpart45, Subpart C. Markings mustbe as large as practicable. 13. Michael's Drone Photographyhas developedproceduresto document and maintain a record of the UA's maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofthe UAs. 14. Each UA operated underthis exemption must comply with all manufacturer Safety Bulletins. 15. The preflight inspection section in Michael's Drone Photography's Confidential Protocols and Controls Exhibit includes the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection. 16. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 17. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PILOT at the Ground Control Station, ifutilized, ofthe UAat any time the UA is operating. These documents must be made available to the Administrator or any law enforcement official upon request.18. Michael's Drone Photography's UAs must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

19. Michael's Drone Photography's UAs may not be operated less than five-hundred (500) feet beloworlessthantwo-thousand (2,000) feet horizontally from a cloudorwhenvisibility is less than three (3) statute miles from the PILOT. 20. Michael's Drone Photography's UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within five (5) nautical miles of the geographic centerofa non-towered airportas denoted ona currentFAA-publishedaeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conductedin accordance with aNOT AM as requiredbythe Michael'sDrone Photography's COA. 16
Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631. ···.·: ... The letter ofagreement withthe airport management must be made available to the Administrator upon request. 21. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as definedbythe applicable COAmustbereportedto the FAA's UA Integration Office (AFS-80) within twenty-four (24) hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 22. Michael's Drone Photography's UAs, the UA's PILOT, and the UA's operations must comply with all applicable parts of 14 CFRincluding, butnot limitedto, parts45, 47, 61, and 91.
Therefore, Michael'sDronePhotographyrespectfullyrequeststheFAAgrant anexemption pursuant to its application as outlined above. Sincerely,

# ~yers, Manager Michael's Drone Photography, L.L.C.

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Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 Phone: (928) 897-2631