Date: April 29, 2015

U. S

. Department ofTransportation Docket Management System 1200 New JerseyAve., S EWashington , DC 20590

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### Sam Crimm II- President MiddleTennessee Aerial Photography 

### 306 East Lauderdale Street Tullahoma,Tn 

### 37388 931-580-9677 - ,.

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RE: Petition ofMiddleTennesseeAerial Photographyfor Exemption Pursuanttosection 

### 333. ofthe FAA Reform Act

Attn:To whom itmayconcern

PursuanttoSection 

### 333ofthe FAA Modernizationand Reform Actof

### 2012 (the Reform Act) and 

### 14C.F.R. Part 

### 11, MiddleTennesseeAerial Photography, operatorofSmall UnmannedAircraft Systems (sUASs) equippedtoconductaerial photographyandvideography, herebyappliesfor
an exemptionfromthe listed Federal Aviation Regulations ("FARs") toallowcommercial operationofitssUASs, so longas such operationsare conductedwithinand underthe conditionsoutlined herein oras may beestablished bythe FAA as required bySection 

### 333.1

MiddleTennessee Aerial Photographyhas been in business since 

### 2006and Sam Crimm II is a licensecommercial pilotwithover

### 5300hours,a pilotfor

### 45years. In recent historywe have been biddingonjobsthathave been bid bydroneoperators in ourarea andwefind itdifficultto competewiththem.Therefore,wewould liketoadd droneaircrafttoourfeet. Additionallywe havealong historyofradiocontrolaircraftoperation.All ofourdroneoperatorswill be rated pilots. As described morefully below,the requested exemption would permittheoperationof small, unmannedand relatively inexpensivesUAS undercontrolled conditions inairspacethat is 1. limited2. predeterminedand 3. controlled.The proposedexemption, ifgranted,would allow MiddleTennessee Aerial Photographytoconductcommercial operationsofsmall, unmannedaircraftsystems ("UAS") meetingorexceeding all oftheoperationaland safety requirements Congress has setforth in Section 

### 333.Page 2

Middle TennesseeAerial Photography is a media/technology company that plans to exploit the capabilities of UnmannedAerial Systemsto offer a multitude ofservices, 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 UnmannedAircraft Systems", provides a mechanism for seeking expedited FAAauthorization ofsafe 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 ofthe (comprehensive) plan and rule making required by section 332(b)(1) ofthisAct orthe guidance required by section 334 ofthisAct." In Section 332(b)(1), Congress made it clearthat Section 333 provides a mechanism for "expedited operation authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial 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 14C.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 superiorto 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 TennesseeAerial Photography to operate a OJI Inspire 1equipped with a three-axis gimbals and using High-Def cameras. This sUAV has a built-in capability to limitthe height it flies above the ground, to limit the radius ofthe distance it flies from the operator and to exclude it from Class 8, C and D airspace including a no-flyzone feature. The Inspire 1 also has the fail safe function ofthe Naza-M autopilot system which
means when the communication between the Main Controller and the transmitter is disconnected, the outputs ofall 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 meetwith the Model Aircraft Operating Standards as set below:

• Middle TennesseeAerial Photographywill only operate its sUAS in line ofsight ofa 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 ofthe national airspace system orthe public."

•When flying sUAV within 5 miles ofan airport, airport operators will be notified and the operatorwill give the right ofwayto avoid flying in the proximity offull-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 priorto the 20 minute limit.

· The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feetAGL, and not more than 200 feet above an elevated platform from which filming is planned.

· Minimum crewfor each operation will consist ofthe sUAS Pilot, and Visual Observer.

· The sUAS operated by the petitionerweighs 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 ofthe sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements.Page4

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### .. . The UA, powered by batteries, is smaller, lighter and more maneuverable than largeraircraft 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 ofonly 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 UAwill 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 FAAClass G airspace at no more than 400 

### ftAGL, at an airspeed of no more than 25 knots and nofurtherthan 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 aflight operation;
(d)Operations will be restricted to flights over private property with the permission ofthe 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 TennesseeAerial Photography, will not be operating over any open-air assembly of people;
(h) Middle TennesseeAerial Photography, will not be operating over heavily tracked roads;
(i) Middle TennesseeAerial Photography, will not be operating within 5 NM ofan airport or heliport without prior permission.

We respectfully request exemption under Section 333 to enable Middle TennesseeAerial Photography,to operate efficient, limited, low-risk commercial sUAV operations forthe activities stated respecting at all times the space and privacy ofcitizens and propertywhilst keeping our skies safe.

Sincerely

Sam Crimm II Middle TennesseeAerial PhotographyPage 5



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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Middle TennesseeAerial Photography requests an exemption from the following regulations as well as any

. additional regulations that may technically apply to the operation ofthe sUAV System: 14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be issued forthe DJI Inspire 1 under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research anddevelopment. 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 oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe 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 understrict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, we propose that the UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan 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 ofmarks; general and 45.29 Size ofmarks.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 nearthe entrance to the cabin, cockpit, or pilot station. The sUAVdoes 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 ofthe 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 thatthe permanent placard discussed in the previous paragraph will providethe aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or bannerthat contains the words "UnmannedAircraft Ground Station" in letters 3 inches high or greater. Since the aircraftwill operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.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 ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act
as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business oremployment; 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 ofthis application is to conduct a business. 14 CFR 91.7 Prohibits the Operation ofan aircraftwithout 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 aircraftflight 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 ofthis requirement is to ensure that flight manual information is available to the aircrewwhile 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 ofsafety 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 instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used forflight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based control station consists ofa small hand-held radio transmitter andwhile 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 oversparsely populated
areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessaryto operate closer than 500 feet to the items listed. Operationswill only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraftwill be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property on the surface. Thereforewe maintain that due to the small size ofthe 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 ofthe aircraft. The sUAS will always fly below400feetAGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. AnAbove Ground Level altimeter measurement above the Page 9

. takeoff point is transmitted via radio from the sUAS on-board computerto the d1splay screen held by the PIC, providing a constantly updatedAGL readout.Page 7

14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unlessthere 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 ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAV is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will neverfly 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 ofthis 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 of5.3 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 ofsafety and·meet the intent of 91.203, we proposethat documents deemed appropriate forthis aircraft by the FAAwill be colocated with the crew at the ground control station and available for inspection upon request. In orderto identifythe 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 under43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe 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 everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe 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 ofthe aircraft, the PIC can ensure an equivalent level ofsafety.Page 8

Safety and Benefits ofthe UAS

MiddleTennesseeAerial Photographywill be using the UAS in a variety ofapplications that generally require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,justto name afew. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin ofsafety for the pilots and crew. By granting Toledo Middle TennesseeAerial Photography's requested exemptions, the FAAwill help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. Middle TennesseeAerial Photography is committed to promoting the UAS research efforts ofpolicymakers 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 grantthis Petition.

Conclusion

As pointed out in this application, all the SUAswhich our company would use, under authorization by the US DOT-FAA, are small, light-weight devices operated within the line of sight ofthe 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, unlessthe air traffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthis 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 ModelAircraft 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 ofSUAs such as ours.

Forthe 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 ofthis 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.