Date: April 29, 2015 

U. S . Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

S E Washington , DC 20590 _ 

Sam Crimm II- President 

Middle Tennessee Aerial Photography 

306 East Lauderdale Street 

Tullahoma,Tn 37388 

931-580-9677 

- ,. 

- .. ~ ... ! -- . ~ ; i: ! 3 

RE: Petition of Middle Tennessee Aerial Photography for Exemption Pursuant to section 333. 

of the FAA Reform Act 

Attn: To whom it may concern 

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

14 C.F.R. Part 11, Middle Tennessee Aerial Photography, operator of Small Unmanned Aircraft 

Systems (sUASs) equipped to conduct aerial photography and videography, hereby applies for 

an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.1 

Middle Tennessee Aerial Photography has been in business since 2006 and Sam Crimm II is a 

license commercial pilot with over 5300 hours,a pilot for 45 years. In recent history we have 

been bidding on jobs that have been bid by drone operators in our area and we find it difficult to 

compete with them. Therefore, we would like to add drone aircraft to our feet. Additionally we 

have a long history of radio control aircraft operation. All of our drone operators will be rated 

pilots. As described more fully below, the requested exemption would permit the operation of 

small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1. limited 2. predetermined and 3. controlled. The proposed exemption, if granted, would 

allow Middle Tennessee Aerial Photography to conduct commercial operations of small, 

unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and 

safety requirements Congress has set forth in Section 333. 
Page 2 

Middle Tennessee Aerial Photography is a media/technology company that plans to exploit the 

capabilities of Unmanned Aerial Systems to offer a multitude of services, including: 

- Aerial surveying 

- Remote sensing 

- Agricultural support 

Real Estate Photography 

- Aerial film making and photography 

- Construction site inspections and monitoring 

Wildlife and forestry monitoring 

- Educational and research operations 

Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft 

Systems", provides a mechanism for seeking expedited FAA authorization of safe civil 

UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system 

before completion of the (comprehensive) plan and rule making required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act." In Section 

332(b)(1 ), Congress made it clear that Section 333 provides a mechanism for "expedited 

operation authorization" if several factors are met. Petitioner meets all requirements to 

permit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief From the Following: 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14C.F.R. (91.401-91.417) 
Page 3 

Unmanned Aircraft System 

sUAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper 

equipment and personnel cost, reduced noise and as such, a much smaller environmental 

impact which promotes public safety. · 

We are petitioning for exemption to enable Middle Tennessee Aerial Photography to operate a OJI 

Inspire 1 equipped with a three-axis gimbals and using High-Def cameras. This sUAV has a 

built-in capability to limit the height it flies above the ground, to limit the radius of the distance it 

flies from the operator and to exclude it from Class 8, C and D airspace including a no-fly zone 

feature. The Inspire 1 also has the fail safe function of the Naza-M autopilot system which 

means when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center position. If 

the GPS signal is good enough, the system will automatically trigger Return to Home and will 

land safely. 

The above specifications meet with the Model Aircraft Operating Standards as set 

below: 

• Middle Tennessee Aerial Photography will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas within the 

sterile area described in the FOPM. Such operations will insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public." 

• When flying sUAV within 5 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 20 minutes. 

· Flights will be terminated at 25% battery power reserve should that occur prior to the 

20 minute limit. 

· The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from 

which filming is planned. 

· Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

· The sUAS operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal) . 

. The sUAV will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally . 

. Given the small size of the sUAS and the restricted sterile environment within which 

they will operate, our sUAS operations adhere to the Reform Act's safety 

requirements. 
Page 4 . ~·. . . . 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 20 

minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings· and large trees. The applicants in the past have chartered 2-seat full-sized 

helicopters for this purpose, which has proven more costly than many potential clients have 

been able to afford. The benefits of reduced cost and improved quality of presentation from 

the UA will be valuable to and benefit many buyers and sellers of real property. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so. 

(a) No flight will be made with a Gross weight exceeding 55 pounds; 

(b)AII operations must occur in FAA Class G airspace at no more than 400 ft AGL, at 

an airspeed of no more than 25 knots and no further than 1/8th NM from the PIC; 

(c)AII operations must utilize a visual observer (VO). The VO and PIC must be able 

to communicate by voice at all times during a flight operation; 

(d)Operations will be restricted to flights over private property with the permission of the 

property owner; 

(e) All required permits will be obtained from state and local government prior to operation; 

(f) Middle Tennessee Aerial Photography, will not be operate over densely populated areas; 

(g) Middle Tennessee Aerial Photography, will not be operating over any open-air assembly of 

people; 

(h) Middle Tennessee Aerial Photography, will not be operating over heavily tracked roads; 

(i) Middle Tennessee Aerial Photography, will not be operating within 5 NM of an airport or heliport 

without prior permission. 

We respectfully request exemption under Section 333 to enable Middle Tennessee Aerial 

Photography, to operate efficient, limited, low-risk commercial sUAV operations for the activities 

stated respecting at all times the space and privacy of citizens and property whilst keeping our 

skies safe. 

Sincerely 

Sam Crimm II 

Middle Tennessee Aerial Photography 
Page 5 ... : ... 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Middle Tennessee Aerial Photography requests an exemption from the following regulations as well as 

any . 

additional regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Inspire 1 under either or both of the 

following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of the 

regulations. Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. The aircraft will not carry 

persons or property, will not carry fuel, and will only fly under strict operational requirements. 

Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we 

propose that the UA will be at least as safe, if not safer, than a conventionally certificated 

aircraft performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H. 

and the requirement for an airworthiness certificate in general. citing the equivalent level of 

safety outlined in the previous paragraph. 

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 

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 

2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have 

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a 

registration number assigned to it by the FAA. We propose to achieve an equivalent level of 

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as 

shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of 

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high 

contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 

inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 
Page 6 

14 CFR 61.113 Private pilot privileges and ll,;i~~ti~ns~ Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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. Our proposed operations require that the PIC 

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot 

carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

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 in 

the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to 

this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The 

regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based 

control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. · 

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated 

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical mission of the sUAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has been 

obtained and careful pre-planned has been performed. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard 

to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption. · 

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising 

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS 

will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

Page 9 . 

takeoff point is transmitted via radio from the sUAS on-board computer to the d1splay screen 

held by the PIC, providing a constantly updated AGL readout. 
Page 7 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the 

aircraft will never fly more than 1/8 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We request 

an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: 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 "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is 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 this aircraft by the FAA will be colocated 

with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The 

regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person authorized under 43. 7" 

after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

Page 10 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety. 
Page 8 

Safety and Benefits of the UAS 

Middle Tennessee Aerial Photography will be using the UAS in a variety of applications that generally 

require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer 

myriad benefits over the use of full-sized manned aircraft for electric power line inspection, 

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Toledo Middle Tennessee Aerial Photography's requested exemptions, the FAA will help 

drive 

development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. Middle Tennessee Aerial Photography is committed to promoting 

the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing 

data from its commercial UAS operations and serving as a resource for future UAS research 

operations. Thus, the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance. 

Page II 

All our SUAs have proven capability for controlled flight. They are devices offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. 

We a re certain that the studies conducted until now by the FAA, about Section 332, Public Law 

112 -95, 2014, have already provided you with the assurances on the airworthiness of SUAs 

such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Aerial 

Associates Photography should be permitted to conduct small UAS operations in accordance 

with its manuals and all other operating parameters deemed necessary and appropriate by the 

FAA. The submission of this application and its contents is the best demonstration that indeed it 

is possible to pursue the authorization proc.ess so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions.