Isaacson Aerial Photography

2 South Brooks Rd

Medical Lake

, WA 99022

US 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 CFR 45.23 and 45.29 ; 14 CFR

61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 14 CFR 91.203(a) and (b);

91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417(a) and (b) and 14 CFR 91.9

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Isaacson Aerial Photography, an operator of small

Unmanned Aircraft Systems ( s UASs) for aerial photography, hereby applies for an

e xemption from the Federal Aviation Regulations (“FARs”) to allow commercial

operation of its s UASs for the purposes of supporting aerial surveying, aerial

photography, search and rescue, agriculture, wildlife and forestry monitoring, wild land

firefighting support, patrolling, aerial inspection, real estate surveying, crew member

training, and mapping operations. By approving these exemptions, the FAA will support

various industries, benefit the environment and build a new profession, all of which are

in th e public interest. The requested exemption would support an application for a

commercial Certificate of Waiver or Authorization (COA).

The name and address of the applicant is:

Isaacson Aerial Photography

Attn: Andrew Isaacson; Cell Ph: 509

- 995

- 6372

Emai l: ikeii@mindspring.com

Address: 2 South Brooks Rd, Medical Lake, WA 99022

s UAS aircraft to be used:

T hree s UAS will be used under this exemption. The first system is a DJI Phantom 2

using a GoPro camera

, the second s UAS is a DJI Insp i re 1 and the third i s a DJI

Phantom 3 Professional . The mission of the t hree systems is basically identical. The

camera output resolution and flight time are the determining factor s for which system is

used. The Phantom 2 and Phantom 3 have a gross weight of approximately 5 p ounds,

while the Inspire 1 has a gross weight of 8 pounds. All are controlled via remote control

operating on a digital 2.4ghz signal. All 3 systems have real time PIC cameras installedand, also, telemetry information is superimposed on the downlink monit or. This

information includes data, such as, airspeed, height above ground, distance from PIC,

aircraft voltage and percent left of battery, etc.

Safety features:

The Inspire 1 uses the DJI flight control system, one of the most advanced and robust

profes sional flight control systems available. The Phantom 2 and 3 use the DJI Nazza M

flight control system. All systems have excellent reliability and have safety features such

as geo fencing and return to home (Failsafe), in the event of controller loss of

co mmunication with aircraft.

Regulations from which the exemption is requested:

14 CFR 45.23 and 45.29

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

14 CFR 91.9

s UASs operated by Isaacson Aerial Photography weigh less than 55 pounds, including

the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more

than 35 knots, can hover, and can simulta neously move vertically and

horizontally. Isaacson Aerial Photography will only operate its ’ s UASs in visual line of

sight

. Such operations will insure that the UAS will “not create a hazard to users of the

national airspace system or the public.”

Due to the size of the s UASs and the limited areas in which they will operate, approval

of this application presents no national security issues. Based on the substantial

level of safety surrounding the proposed operations, and the significant public

benefit (en hanced safety), reduction in environmental impacts (reduced

emissions and noise), the grant of the requested exemption is in the public

interest. Accordingly, Isaacson Aerial Photography respectfully requests that the FAA

grant the requested exemption with out delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Isaacson Aerial Photography provide for at least

an equivalent or higher level of safety because operations further enhance safety of

still and video imaging over usi ng conventional aircraft.

T he limitations and conditions include:T he s UASs weigh less than 55 pounds

.

Flights will be operated within line of sight of a pilot (PIC) and observer (VO)

.

Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25 % battery power reserve should that occur prior to the

30 minute limit. The Phantom 2 and 3 reach 25% at approximately 15 minutes while the

Inspire 1 reaches 25% at approximately 2 3 minutes.

Flights will always be operated at a maximum altitude of 400 feet AGL or below

.

No flights will be made closer than 5 miles from an airport unless a letter of agreement

is obtained from the airport management and prior coordination obtained

.

Minimum crew for each flight will consist of the s UAS Pilot (PIC) and a Visual

Observer, (VO)

.

The requestor s UAS pilot is an FAA certificated airman with at least a private pilots ’

certificate, current third class medical certificate and a current Biannual Flight Review

(BFR). As an owner/operat or of an airport (8AN6) inside a dual airport Class C

operation (KGEG and KSKA)

, he is extremely familiar with operation and clearance s

required in an airport environment. Requestor is an active participant in the FAA WINGS

safety program and is a member o f the Academy of Model Aeronautics. He is currently

working as a PIC and VO for a previously Section 333 exempted company.

A briefing will be conducted for planned s UAS operations prior to each day’s

flight. All personnel performing duties within the spec ified photo area are required to

attend. Non participants shall remain a minimum of 500 feet from flight operations.

The PIC and VO must be trained in s UAS operations and have received

current information on the particular s UAS to be operated.

The PIC an d Visual Observer will at all times be able to communicate by voice without

using radios.

Written and/or oral permission from the relevant property holders will be

obtained.

If the s UAS loses communications, the s UAS will have the capability to return to the

takeoff point and land. This feature is called Failsafe or Return to Home (RTH) for DJI

systems.

All required permissions and permits will be obtained from territorial, state,

county, or city jurisdictions, including local law enforcement, fire, or o ther

appropriate governmental agencies.The UAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies.

All flights will be entered in a locally procured aircraft pilot log book.

A handheld aircraft band VHF radio wil l be used for all flight operations.

Reasons for Exemption

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

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inche s high.

It is propose d that to achieve an equivalent level of safety the N numbers be posted on

the top or sides of the sUASs , where the PIC, VO and others in the vicinity of the aircraft

while it is preparing for launch will be able to see. The size will be as large as allowable.

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

in Command

Sections 61.113 (a) and (b) limit private pilots to non

- commercial

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

proposed operations can achieve the equivalent 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 to operate a small

s UAS. Unlike a conventional manne d aircraft, a s UAS is remotely controlled

by a ground

- based operator. The operational area is controlled and all flights are

planned and coordinated in advance. The level of safety exceeds that provided by a

single individual holding a commercial pilot’s certificate operating a conventional aircraft.

The risks associated with the use of a s UAS are lowered from the level of risk

associated with commercial operations contemplated by Part 61 allowing

s UAS use by a private pilot as the PIC exceeds the present level of safety

sought by 14 C.F.R. §61.113(a) and (b).

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will

not be us ed, an exemption is requested. However, an equivalent level of

safety will be provided. The PIC will take all actions, including reviewing

weather, ground and aircraft battery requirements, landing and takeoff areas , and

aircraft performance data before co mmencement of flight. Also, the DJI Users Manual

for the appropriate sUAS will be used.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section91.119 provides that: “except when nec essary for takeoff or landing, no person may

operate an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the ai rcraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.”

Since Isaacson Aerial Photography requests authority to operate at altitudes only up

to 400 AGL, an exemption is needed to allow such operations. T he s UAS will n ever

operate higher than 400 feet AGL under any circumstances. The equivalent level of

safety will be achieved given the size, weight, and speed of the s UAS as well as the

location where it is operated. No flight will be taken without the permission of pro perty

owners or local officials. . Compared to flight operations for manned aircraft and the lack

of flammable fuel, any risk associated with the proposed UAS operations is far less than

conventional aircraft operating down to 500 feet AGL. Finally, the lo w

- altitude

operations of the s UAS will ensure separation and a minimum 100 foot buffer between a

s UAS and conventional aircraft operations

.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruisin g

altitude by reference to an altimeter that is set “...to the elevation of the departure

airport or an appropriate altimeter setting available before departure.” As a s UAS

may not have a barometric altimeter, but instead uses GPS altitude data, an

exempti on is needed. An equivalent level of safety will be achieved by the

operator confirming the altitude of the launch site shown on the GPS altitude indicator

before flight.

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

Section 91.151( a) prohibits an individual from beginning “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

. . . .”

The batter ies powering the Isaacson Aerial Photography s UASs provides approximately

15 and 23 minutes of powered flight , respectively . To meet the 30

- minute reserve

requirement in 14 CFR §9 1.151, s UAS flights could not be achieved

. Due to the limited

battery power available , less than 30 minutes of reserve fuel does not provide a risk that

§91.151(a) was intended to address.

Isaacson Aerial Photography believes that safety can be achieved by limiting flights to

30 minutes or 25% of battery power, whichever occurs first. This restriction would

be more than adequate to return the UAS to its pre

- determined landing zone

from anywhere in its limited operating area.

14 CFR 91.203(a) & (b) Civil ai rcraft: Certifications required.

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

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayedat the cabin or cockpit entrance so that it is legible to passengers or crew." The DJI

sUASs are too small to carry documentation, do not have entrance s , and are not

capable of carrying passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that

documents deemed appropriate for th ese sUASs by the FAA will be co

- located with the

crew at the ground control station and available for inspection upon request. The N

number wil l identify the aircraft.

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 s hall 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.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Isaacson Aerial Photography operations.

Maintenance will be accomplished by the operator. An equivalent level of safety

will be achieved becaus e the UASs are limited in size, will carry a small payload

and operate only in restricted areas for limited periods of time. If mechanical

issues arise, the s UAS can land immediately and will be operating from no higher

than 400 feet AGL. T he PIC will ensu re that the s UAS s are in flight condition prior to

flight, perform any required maintenance, and keep a log of any maintenance

performed. Moreover, the PIC is the person most familiar with the s UAS s and best

suited to maintain them in an airworthy conditi on. Maintenance actions on the sUASs

will be logged in a locally procured aircraft maintenance log book. The applicable DJI

U ser M anuals will be the official source for all maintenance actions and inspections.

After any maintenance, the sUAS will undergo a functional flight test before commercial

operations are performed.

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

This regulation provides that no person may operate an aircraft unless a current,

approved flight manual is i n the aircraft. It is assume d that the intent of this requirement

is to ensure that flight manual information is available to the aircrew while operating the

aircraft. It is request ed that an exemption to this requirement is awarded since the sUAS

is not o nly too small to carry documentation, the documentation would not be available

to the crew. To obtain an equivalent level of safety and meet the intent of 91.9, it is

propose d that a current, a pproved sUAS DJI Flight Manual must be available to the

crew a nytime the aircraft is in, or preparing for, flight. This manual will be kept with the N

number registration at the ground control base station

.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication

in th e Federal Register, should it be determined that publication is needed:

Isaacson Aerial Photography seeks an exemption from the following rules:14 CFR 45.23 and 45.29; 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121;

91.151(a); 14 CFR 91.203(a) and (b ); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417(a)

and (b) and 14 CFR 91.9 to operate commercially small unmanned aerial vehicle s (55

pounds or less) in the above mentioned data collection. As established by the UAS

exemptions already granted by the FAA, allowing Isaacson Aerial Photography

commercial operations of s UASs in the airborne data collection will enhance safety by

reducing risk associated with aerial photography from fixed and rotary wing full size

aircraft. . Conventional aerial photography ope rations operate at low er altitudes and

have limited gliding ranges in case of emergencies. The carrying of flammable fuel can

add to the risk in an emergency. Also, there is more risk associated with flying to and

from the photo site

. In contrast, a s UAS w eighing less than 55 pounds and powered by

batteries eliminates virtually all of that risk given the small size and lack of c arbon based

fuel s . The UAS is driven , not flown, to a photo site

. In this regard, the UAS carries no

passengers or crew and, theref ore, will not expose them to the risks associated with

manned flights.

The operation of s UASs conducted in the strict conditions outlined in th is request will

provide an equivalent level of safety supporting the grant of th is exemption

requested. The s UASs operate at slow speeds, close to the ground, and in

a safe environment. As a result, they are far safer than conventional aerial photography

operations conducted with both fixed and rotary winged aircraft fuel and flying near the

ground

.

Privacy

All flig hts will occur over private or controlled access areas with the property

owner’s prior consent and knowledge. Video imaging will be only of people who have

given their consent or otherwise have agreed to be in the area where video imaging will

take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

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

areas and operation within visual line of sight and national security) provide more

than adequa te justification to grant Isaacson Aerial Photography ’ s requested

exemption, allowing for Isaacson Aerial Photography s UAS commercial operations for

aerial photography data collection.

If you have any questions or need any additional information, please c ontact the

undersigned at 509

- 995

- 6372 or at ikeii@mindspring.com

.

Sincerely,

**** signed ****

Andrew Isaacson

Owner

Isaacson Aerial Photography

# P re

– Flight Checklist

Day prior to Flight Review weather Look for low ceilings that may drive fixed an d

rotary wing aircraft to a lower altitude . Consider minimum visibility requirements, winds

and precipitation

. Using a current FAA VFR Sectional map, s tudy flight site and review

items, such as, a irport locations, general airspace (MOAs, IR and VR routes, Restricted

areas ) and potential sources of EMI (el e ctro

- magnetic interference) such as high

voltage lines, cell phone towers, etc Review radio frequencies if near an airport and

insure radio is fully charged . Check NOTAMs for TFRs or operations that may af fect the

flight site . If necessary, make sure letter of agreement is in hand for operations less

than 5 miles from an airport.

Day of Flight Review takeoff and landing areas

Clear these areas of non

- essential personnel

Unpack and prepare sUAS for fli ght

Insure all batteries have at least 9 4 % voltage remaining for flight

Power on controller

Power on sUAS

Insure sUAS has minimum of 7 GPS satellites captured for accurate RTH position prior

to takeoff

Start camera recording

Position VO

Launch and f ly mission

Land

Power down the camera, then the sUAS, and finally, the controller

Extract video memory card

Store sUAS and related equipment , note any maintenance discrepancies

Debrief mission