September 1 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey

Ave., SE Washington, DC 20590

Petition of F&N AirPhoto for Exemption Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012.
To whom it may

concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, F&N AirPhoto hereb y applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small Unmanned Aerial S ys tem ( i.e. , sUAS). This exemption is in accordance with protocols outlined in this petition for exemption, the enclosed F&N AirPhoto Operations Manual, the UAS manufacturer's operations and/or instructions manual, UAS User’s Manuals, UAS Quick Start Guides, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commercial operation by F&N AirPhoto , which uses the DJI Inspire to conduct sUAS aerial photography , inspections , engineering , real estate photography and videography , closed set film and movie production, flight training and agriculture flights. F&N AirPhoto operation under the exemp tion will be subject to specific operating requirements and conditio ns to ensure an equivalent level of safety to currentl y authorized operations using manned aircraft and under conditions as may b e modified by

the FAA as required by

Section 333. F&N AirPhoto respectfully request a waiver on the 45

- day comment period, as this application is identical in description to other S ection 333 Exemptions that have already been granted. F&N AirPhoto respectfully submits this request for an exemption because it operates sUAS

. Currently , the operations F&N AirPhoto will be conducting will be in lieu of comparativel y hazardous operations now conducted with fixed wing and rotary conventional aircraft. The FAA can have confidence that the operations will be conducted at an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”F&N AirPhoto submits the Operations Manual as a confidential document under 14

CFR § 11.35(b), the entire content of this manual contains condifential information that F&N AirPhoto has no and will not make available to others. This manual contains operating procedures and additional information that is not available to the public and are protected from release under the Freedom of Information Act, 5 USC § 552 (b) (4).

For your convenience, F&N AirPhoto has organized this Exemption request as follows: **I.** Petitioner's Description **II.** Relevant Statutory Authority **III.** Qualifications for Approval Under Section 333 of the Reform Act **IV.** Description of Proposed Operations **V.** Regulations From Which Exemption is Requested **VI.** Public Interest
**VII.** Privacy **VIII.** Federal Registry Summary **IX.** Additional Information

**I. Petitioner's**  **Description:** F&N AirPhoto, Inc., for the past five ye ars have been serving local and international clients that include industrial manufacturing, architectural clients, constructi on companies, law enforcement, real estate as well as many other commercial and industrial clients. We currently use helic opters and small manned aircraft to provide aerial photography of industrial equipment in use on construction sites, support to news services, monthly

construction progress recording, architectural photography , sports photography, real estate, corporate manufacturing facility photography, aerial surveying, inspections, movie p roduction, and many other uses in a compliant and safe environment. By permitting us to use sUAS for these purposes it will greatl y reduce the impact on the environment with less fue l consumption as well as less noise pollution. In addition the safety factor with the use of sUAS will be greater as we often are required to fly low and in close proximity to the subject. By using a five pounds sUAS instead of a manned aircraft weighting hundreds or thousands of pounds everyone on the ground and in the air would be much safer. Is for this reason that F&N AirPhoto has assembled a team of sUAS personnel, including pilots with Commercial and Instructor Ratings to operate sUAS within theNational Airspace (NAS) under controlled VFR co nditions at or below 400’ AGL.

F&N AirPhoto will operate the sUAS with pilots who are current and qualified with a FAA Pilot Certificate and hav e completed F&N AirPhoto’s traning program. Under the requested exemption, F&N AirPhoto ensures all operators have completed sUAS education and training programs including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio C ommunications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decision

- making and Safe Operations Procedures. F&N AirPhoto’s goal is to operate in an accident

- free environment by :

● Demonstrating a commitment by management and all employee’s to operator in a compliant manner.

● Id entify hazard and risk while eliminating or controlling all these risk. They will use steps to intervene and report when unsafe work practices appear to exist.

● Train all employees involved in flight operations to operate at the highest standard level. The contact information for p etitioner is as follows:
F&N AirPhoto HC 4 Box 8439 Aguas Buenas, PR 00703 Félix Bahamonde , President Cell: (787) 994

- 1302 **II. Relevant Statutory**  **Authority:** This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain Unmanned Aircraft S ys tems may operate safel y in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations:

 The UAS's size, weight, speed, and operational capability ;  Operation of the UAS in close proximity to airports and populated areas; and Operation of the UAS within the visual line of sight of the operator.

If the Secretary

determines that such vehicles "may operate safel y in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System". Additionally , the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversel y affect safety (or how it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilo ts to operate aircraft in commercial service:

**The Administrator**  **may grant**  **an exemption**  **from a**  **requirement of a regulation prescribed under subsection (a) or (b) of**  **this section or any of**  **sections.**
**III. Qualifications for Approval Under Section 333 of the**  **Reform Act**  The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations would permit F&N AirPhoto the use of small UAS under controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an Increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. F&N AirPhoto uses UASs that are multi

- rotor, weighing less than 55 pounds including payload. They

operate, under normal conditions, at speeds not to exceed 50 mph. The multi

- rotor has the capability to hover and move in the vertical and horizontal plane. F&N AirPh oto UASs will operate in line of sight, during daylight hours. F&N AirPhoto will operate at or below 2 00 feet AGL and will file a NOTAM for each flight operated in controlled airspace that is required. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, Including local law enforcement, fire, or other appropriate governmental agencies prior to operating a sUAS. Given the small size of the sUAS’s involved and the low altitude within which they will operate, this F&N AirPhoto’s exemption falls within the zone of safety and demonstrate an equivalent level of safety, in which Congress desired the FAA to permit commercial sUAS operations b y exemption pending completion of formalrulemaking. Also, due to the size of the sUAS’s and the confined area in which

the sUAS’s will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the reque sted exemptions is also in the public interest. **IV. Description of Propo**  **sed Operations**  The enclosed Operations Manual describes, in detail, the policies and procedures for F&N AirPhoto proposed sUAS operations. To assist the FAA in its safety assessment of F&N AirPhoto proposed sUAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:
1. The sUAS will weigh less than 55 pounds. 2. Flights will be operated within line of sight of the PIC and visual observer. 3. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery

power or fuel quantity

of no less than 25%. 4. Flights will be operated at an altitude of no more than 2 00 feet AGL

. 5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in advance of the operation. 6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual Observer. Additional crewmembers consist of a Pilot and a Camera Operator. 7. The sUAS Pilot in Command will be an FAA licensed airman with at least a private pilot's certificate, third class medical, and a current check required by 14 CFR Part 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 8. F&N AirPhoto will designate a Pilot in Command ("PIC") for each mission

. 9. Prior to the operations at a particular location, a site inspection will have been conducted. On the day of the mission the management person with operational control and the PI C will concur ondispatching of the mission. 10. F&N AirPhoto crew will use the checklist and callouts required in the Operations Manual. 11. All sUAS’s will be maintained in accordance with the manufacturer’s guidelines. 12. In the event of an accident involving an F&N AirPhoto sUAS, they will cease operations and report the accident to the NTSB and AFS

80.
13. Pilot in Command and Visual Observer will at all times be able to communicate b y voice. 14. Pilot in Command, Pilot, Camera Operators and Operational Personnel will have been trained and tested in accordance to F&N AirPhoto’s Training Program. 15. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 16. In compliance with approved Waiver, F&N AirPhoto management will submit a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in advanced of operation s during film or movie productions. 17. If the sUAS loses communications signal, the sUAS will have the capability to return to a pre - determined location within the operational area and land. 18. Contingency

plans will be in place to safel y terminate flight if there is a loss of communication between the pilot and the observer. 19. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies. 20. F&N AirPhoto, by following procedures listed in the Operations Manual will assure no indiv iduals privacy is violated. 21. Procedures have been established in F&N AirPhoto’s Operations Manual to contact ATC prior to operating in airspace other than Class G.**V. Regulations From Which Exemption is**  **Requested**

**A. 14 CFR § Part 61.113 (a) and**  **(b) Private Pilot Privileges and**  **Limitations; Pilot in Command**  **B. 14 CFR § 91.103: Preflight**  **Action C.**  **14 CFR § 91.113: Right**
**- of** 
**- Way**  **Rules D.**  **14 CFR § 91.119 (c): Minimum Safe Altitudes**  **E. 14 CFR § 91.121: Altimeter**  **Settings F.**  **14 CFR § 91.109: Flight Instruction**  **G. 14 CFR**  **§ 91.203 (a) & (b): Carrying Civil Aircraft**  **Certification and Registration H.**  **14 CFR § 91.203 (a)(1): Airworthiness Certificates**  **I. 14 CFR**  **§ 91.9: Civil Aircraft Flight Manual, Marking,**  **and Placard Requirements J.**  **14 CFR §**  **45.23(b): Display of Marks; Gen eral**  **K. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR**  **Conditions L.**  **14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and**  **(b): Maintenance Inspections** **A. 14**  **CFR §**  **Part 61.113**  **(a) and**  **(b) Private**  **Pilot Privileges**  **and Limitations;**  **Pilot in 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 sUAS’s are remotely controlled with no passengers or property of others on board. F&N AirPhoto respectfull y proposes that the FAA should take into account the characteristics and procedures of the particular s UAS. F&N AirPhoto proposes that the actual operation of the sUAS does not require the Pilot to hold a private pilot certificate. Instead, the actual site operation requires a private pilot certificate. F&N AirPhoto proposes the following requirements:

 **Pilot in Command Requirements:**  1. The PI C must possess a Private Pilot’s Certificate and a valid third

- class medical certificate; 2. The PI C must have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a s UAS pilot and at least 10 hours logged as a s UAS pilot with a similar s UAS ty pe (single blade or multi

- rotor) and 5 hours in ty

pe of s UAS aircraft. 3. The PI C must have accumulated and logged a minimum of five hours as s UAS pilot with the make and model of s UAS to be utilized for operations under the exemption and three takeoffs and landings in the preceding 90 days. 4. The PI C must have successfully completed the qualification process as specified in the F&N AirPhoto Operations Manual, to include a knowledge and skill test. 5. The PI C must also meet the flight review requirements specified in 14 CFR Part 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

 **Pilot Requirements:**  1. The Pilot must have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a s UAS rotorcraft pilot and at least 10 hours logged as a s UAS pilot with a similar s UAS ty pe (single blade or multi

rotor). 2. The Pilot must have accumulated and logged a minimum of five hours as s UAS pilot with the make and model of s UAS to be utilized for operations under the exemption and three takeoffs and landings in the preceding 90 days. 3. The Pilot must have successfully completed the qualification process asspecified in the F&N AirPhoto Operations Manual to include a knowledge and skill test. 4. The Pilot must have successfully completed the recurrent requirements as specified in F&N AirPhoto Training Program within the last 12 calendar months. **Equivalent Level of Safety** 
F&N AirPhoto utilizes both a PIC and a Pilot to increase safety during flight operations. While the Pilot is concentrating on fl ying the UAS the PI C has the ability oversee safety of the entire operations. The PI C will always remain within 10 feet of the Pilot when the UAS is airborne to assist or take over if an emergency should happen. Procedures developed b y F&N AirPhoto far exceed the current safety requirements established by

the FAA. F&N AirPhoto respectfully requests the option to use a two pilot crew and the second crewmember not having to possess a private pilot certificate. **B. 14 CFR § 91.103: Preflight**  **Action** F&N AirPhoto requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available informatio n concerning that flight. (a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised b y ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. F&N AirPhoto will not operate sUAS’s under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have published approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data.**Equivalent Level of Safety** 

Located in F&N AirPhoto Operations Manual are procedures describing steps the PI C along with the person having operational control must follow to assure that the weather will be adequate to complete the mission in VFR condition. Since F&N AirPhoto operates in Puerto Rico where the density altitude is never usually above 2000 feet, UAS performance is not affected. When F&N AirPhoto is allowed to operate in other parts of the United States the UAS used in those locations will be test flown at gross weight to test performance limitations prior to conducting commercial operations. **C. 14 CFR 91.113: Right** 
**- of** 
**- Way**  **Rules** F&N AirPhoto request an exemption from 14 CFR 91.113 Right

- of

- way rules, requiring vigilance b y each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

- way , the pilot shall give way to that aircraft and may

not pass over, under, or ahead of it unless well clear. F&N AirPhoto operates small pilotless UAS’s and cannot compl y with the se rules as they have been written. **Equivalent Level of Safety**  F&N AirPhoto operates sUAS’s at or below an altitude of 200 feet AGL, well below the normal operating altitude of other aircraft. A Visual Observer will assist the PI C in looking for aircraft entering the operations area. It’s the responsibility of the PI C to cease operations and land the sUAS immediately whenever an aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the threat is clear. **D. 14 CFR.**  **§ 91.119 (c)**  **: Minimum Safe Altitudes**  F&N AirPhoto requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

 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.

 Over other than congested areas at an altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.Section 91.119 (d) allows for a helicopter to operate at less than those minimum

altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA." To provide the intended op erations, the sUAS will be normally operated below 200 feet AGL. Additionall y, due to the nature of the proposed operations, the sUAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and fro m people not associated with the operation. **Equivalent Level of Safety**  Compared to flight normal aircraft, F&N AirPhoto’s multi

- rotor aircraft weigh a maximum of 25 pounds, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the Operations Manual, the sUAS will be operated in a safe area, where buildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations as set forth in the Operations Manual. Furthermore, b y operating at such lower altitudes, the sUAS will not interfere with aircraft that are subject to the minimum safe altitude regulations. Finally , the successful safety record of the DJ I sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments.
**E. 14 C.F.R. § 91.121: Altimeter**  **Settings** F&N AirPhoto seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of Safety**  F&N AirPhoto will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly

monitor the sUAS's height, thus ensuring operation at safe altitudes.

**F. 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.**Equivalent Level of Safety** 

By their design, sUAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraf t via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. For sUAS platforms that require manual flight control, the P IC and the student that the PIC is training will use a “buddy box” system utilizing two transmitters. The PI C instructor will be able to control the sUAS with his or her transmitter, flip a switch to transfer control to the student, and may flip the switch again to regain control. In this manner, the PIC instructor can demonstrate how to fly the sUAS or perform a “rescue” of the sUAS if the student makes a poor aeronautical decision. Use of the buddy box system allows this level of control without having th e PI C and student pass a phys ical controller between them. When the PIC is performing training on sUAS platforms that utilize a computer, tablet, or other non

- radio transmitter as their primary source of control, the PI C will provide an equivalent level of safety through the use of a radio transmitter that can override autonomous control via a switch located on the radio transmitter. When this switch is activated, control is transferred from the autopilot to the transmitter, immediately

taking the autopilot offline. The sUAS will then be operated in the same manner as a basic radio controlled aircraft. The PIC will maintain visual line of sight at all times in order to determine whether such intervention becomes necessary

. **G. 14 CFR**  **§ 91.203(a) & (b): Carrying**  **Civil Aircraft Certification and Registration**  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) provi des 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 under 6.5 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. **Equivalent Level of Safety** 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 co

- located with the crew at the ground control station and available for inspection upon request.**H. 14 CFR**  **§ 91.203 (a)(1): Airworthiness Certificates**

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the sUAS selected provides an equivalent level of safety when compared to aircraft normall y used for the same application. (Regulatory Docket No. FAA

- 2014

- 0352). These criteria are met, and therefore no exemption is needed. **Equivalent Level of Safety**  The UAS’s selected by F&N AirPhoto are safe when taking into account their size, weight, speed, and operational capability. The sUAS weigh less than 7 pounds and will be flown at less than 35 miles per hour and completely outside controlled airspace. Additionally , the UAS carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within the parameters stated in the Operator’s Manual and Manufacturers Manual. Operations under this exemp tion will be closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. In all cases, the sUAS will be operated under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed s UAS operations. **I. 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. **Equivalent Level of Safety** 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 any

time the aircraft is in, or p reparing for, flight. **J. 14 CFR**  **§ 45.23(b): Display of Marks; General**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 2 inches high. Additionally , the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near theentrance to the cabin, cockpit, or pilot station. The sUAS 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. **Equivalent Level of Safety** F&N AirPhoto proposes to achieve an equivalent level of safety by including the word "EXPERIMENTAL" as large as practicable on the top of the aircraft, where the PIC, Visual Observer and others in the vicinity of the aircraft will be able to see the designation. Finally , the ground station will display 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. In a previous Grant of Exemption, Regulatory Docket No. FAA

- 2014

- 0352 **,** the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

-Number) markings in accordance with 14 C.F.R part 45, Subpart C if the markings are as large as practicable."
**K. 14 CFR**  **§ 91.151(a): Fuel Requirements for Flight in VFR**  **Conditions** F&N AirPhoto requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) 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 fl y after that for at least 25 minutes; or (2) At night, to fly

after that for at least 45 minutes. The batteries powering F&N AirPhoto’ s UAS’s provide approximately 10

- 20 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. F&N AirPhoto will not be conducting any sUAS flights at night. **Equivalent Level of Safety**  An equivalent level of safety will be achieved because the operations will be conducted on - site without significant transit time by the sUAS. All flights will be planned to terminate with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safel y to itsplanned landing zone from any where in its confined area of operation even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not Include the ty pe of ris ks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed.

**L. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and**  **(b): Maintenance**  **Inspection s**  F&N AirPhoto also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have. **Equivalent Level of Safety**  An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the DJ I User’s Manual. As provided in the Operations Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. **VI. PUBLIC**  **IN TEREST**  Approval of exemptions allowing commercial operations of sUAS platforms for commercial purposes will enhance safety b y providing services to customers without the danger and cost associated with manned aircraft. Approval of commercial training of sUAS pilots will enhance safety b y providing trained sUAS pilots for hire to the commercial sUAS industry . The operation of sUAS, weighing less than 55 pounds, conducted in accord with the conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close tothe ground, and in a sterile enviro nment. As a result, sUAS are far safer than

conventional operations conducted with manned aircraft.
**VII. Privacy**  F&N AirPhoto knows that many individual have concerns about privacy from the operations of sUAS’s. F&N AirPhoto has created a privacy notice that informs residents, commercial property owners, churches, schools, and governmental organizations of our intent to conduct commercial drone operations in proximity to their property.

**VIII. Federal Registry**  **Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: F&N AirPhoto seeks an exemption from the following rules: 14 CFR Part 61.113 (a) and (b **)** ; 14 CFR 91.103; 14 CFR 91.113; 14 CFR 91.119 (c) ; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR; 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b); 14 CFR 91.109(a); 14 CFR 91.203(a) & (b ) ; 14 CFR 91.203 (a) (1); 14 CFR 91.9 and 14 CFR 45.23 (b) Approval of this exemption reques t allows F&N AirPhoto to conduct commercial operations with small and lightweight unmanned aerial s ys tems. The cornerstone of F&N AirPhoto business is safety , education , and solution’s **,** which enhance safety of sUAS operations in the NAS while reducing risk to the general public and property owners. F&N AirPhoto uses sUAS, weighing less than 55 pounds and powered by batteries and small amounts of fuel. This eliminates virtually all of that risk given the reduced mass and lack of large amounts of combustible fuel carried on board as compared manned aircraft. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, Including exempting the applicant from the requirements of several regulations and allowing commercial operations

. These lightweight sUAS’s operate at slow speeds, close to the ground, and in a safe environment. As a result, they are far safer than conventional operations conducted with fixed wing aircraft or helicopters.
**IX . Additional Information:**  The applicant, Félix Bahamonde, is a safety conscious member of the aviationcommunity with over 9 years of experience shooting aerial photograph y from helicopters as well as small fixed wing aircrafts without incidents . Mr. Bahamonde holds a Bachelor of B usiness Administration in Aviation Management from the Inter

- American Uni versity of Puerto Rico, he is also a rated airman (3550090) and has been providing aerial photography and video production services that includes air

- to

- air and air

- to

- ground cinemato graphy from turbine helicopters wit h many hundreds of fl ying hours. He has over 100 hours of flight using different t ypes of sUAS and is also a registered member of the Academy of Model Aeronautics (AMA) (1081575). The applicant believes this exemption request and associated safet y considerations adequatel y satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant’s s UAS.

**DJI Inspire 1 Documents & Manuals:**  http://www.dji.com/product/inspire

- 1/download

If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned at:

Very trul y yours,

Felix Bahamonde Hernandez, President F&N AirPhoto (787) 994

- 1302 fnairphoto@gmail .com