E&J Photography

Exemption Request Letter dated June 15, E&J Photography (Everett Collie) 13 1/2 Houston Ave. Middletown NY 10940 petitioned the Federal Aviation Administration (FAA) for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The proposed exemption woul d allow E&J Photographyto operate its unmanned aerial system (UAS) for aerial photography and inspection, including but not limited to operations: (1) over land, waterways, and oceans; (2) operation over and/or in nonrestricted National Parks, National Forests, and non

- navigable airspace using nonintrusive recording devices; and (3) operation in otherwise unrestricted U.S. States and Territories. All proposed operations would be conducted under controlled conditions in airspace that is: (1) limited, (2) pre determined, and (3) access controlled ATAC Global requests relief from the following regulations: FAA rule which we seek exemption below in bold: Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approval s, airworthiness certificates, and airworthiness approvals.
AFS

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- E Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” asapplicable.

E&J Photography description of the exemption we seek below: E&J Photography UAS will have no airworthiness certificate; an exemption may be needed from 14 CFR § 45.23 as the UA will not have a cockpit or cabin. Given the size of the UAS, the 2

- inch lettering will be impossible. The petitioner asserts that an equivalent level of safety will be provided by having the UA marked with the word “experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot, observer, and others working with the UA will see the identification. FAA rule which we seek exemption below: Section 61.113(a) and (b) prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensatio n or hire. E&J Photography description of the exemption we seek below: Given the size, weight, and speed of the UA, as well as the location where it is operated and the fact that the UAS will not carry a pilot or passengers on board, as a result the
propos ed operations can achieve a very high level of safety, also, additional safety measures are in place by requiring PIC to complete 50 hours of onsite with an additional 10 hours of online instruction before becoming operational. Also, UAS flights will be li mited to below 400feet AGL. FAA rule which we seek exemption below in bold:Section 61.113(a) and (b) prescribes that

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(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. E&J Photography description of the exemption we seek below: Currently, no such certificate exists in the applicable in the form contemplated by FAA regulations. As a result, this regulation is inapplicable FAA rule which we seek exe mption below in bold: Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combi nation thereof. E&J Photography description of the exemption we seek below: The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not possible. However, these documents will remain at the ground control point whe re the pilot flying the UAS will have immediate access to them. FAA rule which we seek exemption below in bold: Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at airports of intended use, and takeoff and landing distance information.E&J Photography description of the exemption we seek below:

UAS operator will thoroughly cover all preflight actions including reviewing weather, battery requirements, landing and takeoff distances, and aircraft performance d ata before initiation of flight using appropriate checklists. FAA rule which we seek exemption below: Section 91.109(a) prescribes, in pertinent part, 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. E&J Photography description of the exemption we seek below: Flight control is accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver in the UA Therefore, there are no dual flight controls. Additionally, there is no pilot or passengers in the UAS and the small size and safe speeds are added safety measures FAA rule which we seek exemption below:
Section 9 1.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: 1. (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or prop erty on the surface. 2. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 3. (c) Over other than congested areas. An altitude of 400 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel,vehicle, or structure.

4. (d) Helicopters, powered parachutes, and weight

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- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— 1. (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and 2. (2) A powered parachute or weight

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- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. E&J Photography description of the exemption we seek below: 91.119 allows safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in ce rtain conditions. E&J Photography will not operates UAS above the altitude of 400 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below tho se in relation to minimum safe altitudes.” Because of the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of safety will be achieved. Also, No flight will be taken without the permission of the property owner. FAA rule wh ich we seek exemption below in bold: Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”E&J Photography description of the exemption we seek below:

Altimeter settings is inapplicable since the UAS utilizes electronic GPS with a barometric

sensor. FAA rule which we seek exemption below in bold:
Section 91.151(a) prescribes that no person may begin 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 [emphasis added]. E&J Photography description of the exemption we seek below: The limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in daylight or night VFR conditions is reasonable. We believe an equivalent level of safety can be achieved by limiting flights to 45 minutes or not less than 15 percent of battery power, whichever occurs first. Also, E&J Photography UAS has preprogrammed setting that enables the UAS to return to original take off location when signal is lost and or battery becomes too low adding an additional safety measure FAA rule which we seek exemption below: Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for
operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). E&J Photography description of the exemption we seek below: The UAS carries no pilot and given the size of the UA, carrying these docume nts aboardthe UAS is not possible. However, these documents will remain at the ground control

point where the pilot flying the UAS will have immediate access to them. FAA rule which we seek exemption below: Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passengers or crew. E&J Photography description of the exemption we seek below: The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not possible. However, these documents will remain at the ground control point where the pilot flying the UAS will have immed iate access to them. FAA rule which we seek exemption below in bold: Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between require d inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. E&J Photography description of the exemption we seek below: This is only applicable to aircraft with an airworthine ss certificate. E&J Photography will keep routine and preflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses minimal risk to persons or property. FAA rule which we seek exemption below in bold:Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. E&J Photography description of the exemption we seek below: This is only applicable to aircraft with an airworthiness certificate. E&J Photography wi ll keep routine and preflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses minimal risk to persons or property. FAA rule which we seek exemption below in bold:
Secti on 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. E&J Photography description of the exemption we seek below: This is only applicable to aircraft with an airworthiness certificate. E&J Photography will keep routine and preflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses minimal risk to persons or property.FAA rule which we seek exemption below in bold:

Section 91.417(a) and (b) prescribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved in spections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for
return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each
rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be ov erhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of ap plicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directivenumber and revision date. If the AD or safety directive involves recurring action,

the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator s hall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. E&J Photography description of the exemption we seek below: The above is only applicable to aircraft with an airworthiness certificate. Prior to each flight, the UAS will undergo a ro utine preflight maintenance, which will be carried out by the pilot in command, who will keep a log of any performed maintenance to be certain that the UAV is airworthy. The operator is most familiar with the UAS and best suited to
maintain it in an airworthy condition to provide an equivalent level of safety. Additionally, if a mechanical issue arises, the UA can land immediately, and given its small size, it poses minimal risk to persons or property. E&J Photography Conclusion Public InterestGiven the sm all size of the UAS involved and the limited environment within which it

will operate, its proposed operation falls squarely within that zone of safety. Also, because of the size of the UAS and the restricted areas in which the UAS will operate, the fact that there are no passengers, no fuel, as well as the extensive training and continuing education (annual) that the operator goes through prior to operations serves as additional safety, which will benefit the public. Granting the requested exemptions is in the public interest because of (1) the strong equivalent level of safety surrounding the proposed operations, and (2) the significant public benefit, including enhanced safety and reduction in environmental impacts (such as reduced emissions associa ted with allowing UAS for photography and inspection operations). Our willingness and ability to carry out these same standards, which have proven tremendous success into the UAS industry can have a safe and meaningful
initiative