# Eth Aerial Images Media LLC

577 South Meadows Dr. Chandler, Arizona 85224 480.225.3630 July 24,2015 United States Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey

Avenue, NE Washington, DC 20590 Filed in www.regulations.gov Re: Petition for Exemption of EthAerial Im ages Media LLC, under Section 333 of the FAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 EthAerial Images Media LLC (EIM) requests an exemption from certain Federal Aviation Regulations enumerated below, as authorized by S ection 333 of the FAA Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to allow EIM to operate the Inspire 1 quadcopter, the Phantom 3 Professional quadcopter, both manufactured by D JI ; to provide:

• Aerial cinematography s ervices

• News gathering services

• Aerial sensor data collection

• Aerial surveying and photogrammetry

• Aerial communications services (Cellular Tower Surveys and Inspections)

• Airborne emergency services support (reconnaissance and communications) Except in two respects as explained below, EIM will comply with the same conditions and limitations as provided in numerous section 333 exemptions granted recently

. Accordingly, we respectfully ask the FAA to grant this petition in summary f ashion, and obviate Federal Register publication and public comment.

EIM' s founder has been working in the cellular communications industry s ince 1999, and is currently providing Cellular Network Construction Management services to a major wireless provider. B ecause of the inherent danger to performing certain cellular towerupgrades/maintenance, and limited data available from such endeavors, EIM is seeking to

mitigate the danger and enhance the data by using UAS to perform surveys and data collection. EIM' s company focus is on integrating emerging technologies to fill existing requirements of our clients and sponsors, while forging new opportunities borne of innovation and collaborative partnerships. **The name**  **of the**  **applicant** is EthAerial Images Media LLC
. The primary E IM contact is Mr. Michael Pietrantoni, 577 S. Meadows Dr., Chandler, Arizona 85224. Telephone is 480
- 225
- 3630
. **Exemptions requested** 14 C.F.R. Part 21 (airworthiness certification) 14 C.F.R. Part 27 (normal category rotorcraft) 14 C.F.R. 61.113 (a) and (b) (pilot certification and qualification) 14 C.F.R. 91.7(a) (airworthiness) 14 C.F.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions) 14 C.F.R. 91.405 (a) and (b) (maintenance) 14 C.F.R. 91.407(a)(1) (approval for return to service) 14 C.F.R. 91.409(a) (annual and airworthiness certification inspection) 14 C.F.R. 91.417(a) and (b) (maintenance records) **Safety equivalence or no adverse effect on safety Unmanned Aerial Vehicles and Systems**  The DJI flight controller, the common control platform in the listed devices, has a number of technological capabilities to demonstrate its airworthiness. Inthe event of a loss of GPS signal, the UA V will lock in its position and automatically go to ATTI mode and remain stable. Loss of connection to the remote control transmitter (or software navigation controller) causes the vehicle to immediately

achieve a preset altitude, and then return to its home point and land in a controlled way

. All of the UAVs intended for use contain a power storage monitoring system and fail

- safe modes to force controlled landing before the power supply drops below operational levels. Should there be a loss of power, the aircraft are designed to perform a vertical hard landing with propellers providing stabilizing resistance during descent. If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UA V in a safe hover position away from the obstacle. Given its small size, operational capabilities, and restricted area in which the UAV will operate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.F.R. 91.7(a), is warranted, as IDC 's UAV satisfies the equivalent level of safety as compared with manned aircraft and meets the criteria in section 333. Operating the UAV without an airworthinesscertificate in the restricted environment over vacant private property under the conditions

proposed will be safer than operating a manned helicopter operating with an air worthiness certificate and not subject to such conditions. Each UAV (with payload) is less than 55 pounds, carry no explosive materials or flammable liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UAV for the aerial operations. For the reasons outlined above, EIM also seeks an exemption from the certification requirements for normal category

rotorcraft in Part 27. Insupport of EIM' s request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), EIM will adhere to the following inspection and maintenance program: EIM will inspect the UAV before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its operations manual. Before each flight, the pilot in command will inspect the UAV to ensure it is in a safe condition for flight. The preflight inspection will account for any dis crepancy, such as an inoperable component, item, or equipment. ID C will not initiate a flight if the inspection reveals a condition that adversely affects the safety of operations, and will not operate that UAV until it is found to be in a safe condition. Any UAV that has undergone maintenance or an alteration that affects the UAV's operation or flight characteristics will undergo a functional flight test before return to service. EIM will follow the manufacturer's UAV requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. EIM will record all maintenance, alterations, and the functional flight test in the UAV logbook, including total flight hours, description of work accomplished, and the signature of the UAV technician who returned the UAV to service. EIM' s UAVs are equipped with an altimeter that provides the pilot with a constant digital display of altitude. Moreover, the UAVs will be operated within the visual line of sight of the pilot in command and observer and below 400 feet AGL. Inaddition, the flight controllers are programmed not to allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in

- conflict, or if communication with the remote control transmitter fails. Accordingly, EIM does not believe an exemption from 14 C.P.R. 91.121 is required. Insupport of EIM' s request for an exemption from fuel requirements in 14 C.P.R. 91.151(a) and (b), EIM notes that its UAV is battery

-powered and is operated for brief periods of time, within the battery

capacity of the UAV. The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz FCC

- approved ranges.**UAV and**  **UAS Operator Qualifications and Training** 

In support of EIM' s request for an exemption from the pilot certification and qualifications requirements in 14 C.P.R. 61.113(a) and (a), EIM asserts that an equivalent level of safety is achieved by

the UAV

- specific experience of its Pilots. Each EIM pilot will receive a c ommercial UAS training course and then receive flight training using the DJI Phantom 3 Professional, and DJI Inspire 1 UAS. EIM recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement of a UAV operator to hold an air man certificate, relying on section 44 711. Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAV operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates of waiver, and certificates of authorization, "at a minimum." Thus, Congress vested FAA with discretion to waive certificate requirements other than an airworthiness certificate, including an airman and medical certificates

. Even if the pilot certification requirement is not waived, FAA has exemption authority under section 44 701 (f) to ex empt UAV operators from the particular requirements of Parts 61 and 67 such as the requirement to conduct flight training on board an aircraft

- and develop airman certification requirements specifically designed for small UAV operations. Applying manned aircraft pilot certification requirements to small UAVs is not necessary as a matter of safety, and does not make sense as a matter of pu blic policy

. EIM believes that the FAA's determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators of UAVs for closed set filming, set forth below (emphasis added), applies equally to the nature of its UAS operations: [T]he experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through VAS

-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing. EIM believes this reasoning supports a UAV/UAS

- focused training and experience regimen that should obviate not only

a c ommercial pilot certificate but also a private pilot certificate because any training will be focused on the particular skills of operating the particular small UAV and the particular nature of UAS operations. EIM notes that the FAA has proposed in its recent sUAS Notice of Proposed Rulemaking that a small UAS operator would be required to successfully c omplete an aeronautical knowledge test, but would not be required to obtain a commercial or private pilot certificate. Also, medical certification would be obviated by a p ilot's self

- certification before flight that the pilot is physically and mentally fit to operate the UAS.Accordingly, the FAA should grant appropriate exemption relief to permit EIM to use pilots who

have successfully completed commercial UAS training and have also gained flying experience using the DJI Phantom 3, and Inspire1 UAV. Inthe event the FAA does not grant such relief, EIM will employ

a suitab ly

certificated private pilot. **UAV and**  **UAS Operating Parameters**  EIM will operate its UAVs in full compliance with any l ocal permit or safety ordinance, in accordance with its manual. EIM 's ty pical flight will be operated under 400 feet AGL within 2 km of the operator. All flights will be conducted within the visual line of sight of the pilot in command, within non controlled airspace, with the consent of any property owner and/or developer. Although the UAV may b e operated in a metropolitan area, it will be controlled and monitored only b y authorized personnel, and be flown below 400 feet AGL, except in rare occasions where a sponsoring agency or organization requires data from higher altitudes, or where the terrain below would require extreme maneuvers to comply with the altitude restriction. However, in such rare cases, appropriate pre - flight site surveys would be undertaken (where possible) to minimize any risk of collision or any

negative impact with any aircraft operations in that airspace, and in any event all such operations would be within the visual line of sight of the operator. For any operations over 400 feet AGL, EIM will coordinate with Air Traffic Control and obtain a Certificate of Authorization if required. Thus, these rare and brief operations at an altitude over 400 feet AGL will pose no risk to manned aircraft. Accordingly, EIM requests that standard term 4 be revised to permit EIM to operate its UAVs higher than 400 feet AGL when authorized by Air Traffic Control. EIM will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles of an airport. EIM will conduct a briefing before each day's operations, which all personnel participating in the operations must attend

. EIM will obtain written consent of any person who will be participating in the operations or otherwise be on the private property where operations are to take place. EIM will provide notice to any adjacent buildings or structures. EIM will limit its operations to day time Visual Flight Rules ("VFR"). EIM seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an aircraft must remain at least 1,000 feet above any c ongested area or open air assembly o f persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or structure in an area other than populated or congested, and not closer than 500 feet to any person, vehicle, or structure. These requirements were adopted with fixed

-wing, manned aircraft operations in mind. While EIM may operate its UAVs in a metropolitan area, the operations will be carefully pre -planned to minimize risk to persons or property, avoid intrusion into unauthorized airspace, and avoid public annoyance. Its UAVs will not be operated over a highly- congested area or open air assembly of persons.EIM will make every reasonable effort to ensure that no unauthorized person will be on the land over which the UAVs will be operated, and will provide notice to adjacent buildings and furnish proctors as may

b e necessary

to ensure that unauthorized persons do not come within the narrow parameters in which the UAVs will be operated. C ombined with the technological capabilities of the UAVs and that the UAVs will be operated with the vi sual line of sight of the pilot and an observer, EIM submits that its operational limitations provides an equivalent level of safety to that provided in section 91.119. For news gathering operations as well as for emergency services support, EIM seeks a revision to standard term and condition 27, which provides that " All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted." F or news gathering and emergency

s ervices support operations, it would be impractical to require advance notice and approval from private property owners. Precauti ons outline above will be taken by E IM to minimize any

risk to persons on the ground. **Public Interest** EIM' s UAS operations will substantially b enefit public and private organizations which have an interest in gathering critical information

- atmospheric, situational, etc.
- to support their operations. Depending on the use

- case, these scenarios may include:

 aerial cinematography or photography (in support of government, commercial or non

commercial profit organizations)  the gathering of sensor data to document or provide real

-time awareness of potential radiologic or biohazards present in an operational area,  traffic or construction monitoring,  ecological, agricultural or land management surveying ,  infrastructure surveying and improvement,  area- specific communications (FM radio and cellular/microwave towers

- in accordance with existing FCC guidance). Additionally, news gathering organizations that would normally utilize fixed cameras, mobile ground crews, or manned aircraft in support of their news operations, would be able to receive transmitted video via EIM' s UAVs without risking air

- crews during potentially hazardous situations, while minimizing intrusion into the airspace above the situation of interest. Regarding the cellular tower survey /audit op erations that would normally utilize a crew of tower climbers to perform data collection on specific sections of the tower, E IM 's UAVs would be able to collect such data while mitigating the potential fall risk of a manned operation. Operating UAVs under the limitations proposed by EIM will avoid risk of harm to pilots as well as persons and people on the ground that would be present during the operation of manned helicopters. UAS operations will also require a much smaller energy f ootprint than with manned helicopters.**Operations limited to the United States**

EIM does not intend to operate its UAVs outside of the United States. **Summary for Federal Register** Should the FAA determine that publication of a summary is required, EIM submits the following summary to be included in the Federal Register: EIM seeks an exemption to operate the DJI In spire 1, and Phantom 3 unmanned aircraft systems,both with DJI flight controllers, to perform commercial and emergency

services.

Sincerely,

Michael A. Pietrantoni