### Flyin High Photography, Red Bud, IL

**– Section 333 Exemption Petition**  **Flyin High Photography Alan Piel and Jeffrey Herrell, Co** 

**- Owners**  **615 McCarthy Street Red Bud, IL 62278**

**(618)340**

**- 1866**  **flyinhighphoto @gmail.com** 

January 5, 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590
RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21 subpart H; 14 C.F.R. 61.113(a)&(b ); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam:
This petition is being submitted on our own behalf without legal council or consulting servi ces. Flyin High Photography (FHP) writing pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. Part 11, to request that FHP, an owner and operator of small unmanned aircraft, be exempted fr om the Federal Aviation Regulations (“FARs”) listed above so that FHP may legally operate small light weight unmanned aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). FHP humbly and respectfully r equests exemption of the above noted Federal Aviatio n Regulations so that it (FHP ) can legally offer the following services: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, construction, land surveyin g, land mapping, land acquisition, crop surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. 3. Aerial insp ection/photography of residential/commercial structures under contract with the owners or l ocal government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wi nd turbines, and cell towers.5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. The ability to offer training to persons individually or belonging to both private and or public organizations that have interests in the use and application of UAS for the purpose of the safe operation of UAS to enhance the safety of the Nat ional Airspace System (NAS) as well as for the protection of the persons and property.
As described in more detail below, the requested exemption would authorize the operation of small lightweight UAS under controlled conditions in airspace that is 1) l imited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the safe operational protocols that w ill be followed by FHP . Approval of this exemption would thereby enhance safety (by reducing emissions, noise, and the pote ntial large scale accidents that single engine planes and helicopters could and would cause) and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft syst ems in the national airspace system." Section 333(c) of the Reform Act.

The Name and Address of Pet itioner:
Flyin High Photography Attention: Alan Piel and Jeffrey Herrell , Co

- Owners 615 McCarthy St, Red Bud, IL 62278 Pho ne: 618

- 340

- 1866 Email: flyinhighphoto@gmail.com

Regulations from which the exemption is requested: 14 CFR 45.23 (b) 14 CFR Part 21 subpart H 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) Introduction : FHP is based in Red Bud, Illinois. FHP will employ the use of a hobby grade UAS known as the DJI Phantom 2, and the prosumer level DJI Phantom 3 with intent to offer commercial services upo n approval from the FAA. FHP will use these UAS quadcopters currentl y but will also potentially use any other UAS below the 55 lb. limits in the future. FHP requests permission to offer the following services: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, constructio n, land surveying, land mapping, land acquisition, crop surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, publicevents, cinematography and newsgatherin g. 3. Aerial inspection/photography of

residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electric al power lines, wind turbines, and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. The ability to offer training to persons individually or belonging to both private and or public organizations that have interests in the use and application of UAS for the purpose of the safe operation of UAS to enhance the s afety of the National Airspace System (NAS) as well as for the protection of t he persons and property. FHP intends to offer services to industries such as real estate professionals, home builders, land brokers, land developers, construction companies, com munication tower inspection, news, television, motion picture companies, farmers, and other industries as will be revealed by the natural passing of time and the rapidly maturing UAS technologies following exemption and approval by the FAA.

In support of this petition FHP will provide hyperlink’s to Us er Manuals for the DJI Phantom 2,

a nd DJI Phantom 3 upon request . Flyin High Photography’s Operations do not create significant risks or h azards . This exemption request would authorize operation of the be low

- illustrated ultra lightweight UAS(s) in tightly controlled and limited airspace. All instances for hire would take place at predetermined areas away from general public, airports, heliports, vehicular traffic, and within property boundaries of the hire r with thei r expressed verbal and or written consent. In addition to following the FAA’s Co nditions and Limitations, FHP has adopted safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe by follow ing a self

- imposed process detailed later herein. The proposed commercial use of UAS(s) as compared to commercial use of manned single engine planes, helicopters, and not to mention manned climbing for tower inspections offers a significantly safer alter native to the health and welfare of the public. In a Presidential Memorandum published February 15, 2015; President Obama said in part, “As compared to manned aircraft, UAS may provide lower

- cost operation and augment existing capabilities while reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of the integration of UAS into the NAS could be substantial and likely will grow for the foreseeable future.” The UAS’s: Each of the UAS outlined below includes a GPS mo de that allows the UAS to hover in place if communication is lost and will subsequently return back to its launched position or “Home” position. In addition; when the UAS reaches 25% of usable battery power, the PIC will return the UAS to its Home positio n, if necessary the on board computer will return the UAS automatically.UAS

- 2: Phantom 2 by DJI

The hobby grade UAS

- 2 known as the Phantom 2 by DJI is capable of shooting up to 4K video and capture up to 12 megapixel photos utilizing an on

- boar d camera all weighing less than three pounds. If needed, FHP will provide the Phantom 2 manual for additional specs.

Weight (Battery & Propellers) 1000g Hover Accuracy (Ready To Fly) Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity 20 0°/s Max Tilt Angle 35° Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s(Not Recommended) Diagonal Length 350mm Flight Time 25mins Take

- Off Weight ≤1300g Operating Temperature

- 10°C ~ 50°C Supported Battery DJI Sm art Battery

UAS

- 3: Phantom 3 by DJI
The prosumer grade UAS

- 3 known as the Phantom 3 by DJI is equipped with a 4K camera which is capable of shooting up to 4K video and capture up to 12 megapixel photos weighing less than three pounds. If needed, FHP will provide the Phantom 3 manual for additional specs. Weight (Battery & Propellers) 1280g Hover Accuracy (Ready To Fly) Vertical: 0.1m; Horizontal: 1.5m Max Ascent / Descent Speed Ascent: 5m/s; Descent: 3m/s Max Flight Speed 16m/s(ATTI mode, no wi nd) Diagonal Length 590mm (including propellers) Flight Time 23mins Take

- Off Weight ≤1300g Operating Temperature 0°C ~ 40°C Supported Battery DJI Smart Battery

.

Self

- Imposed S afety Protocols and Controls : Flyin High Photography will fully and voluntarily adhere to the safety guidelines set forth by FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS” with the appropriate exemptions for flying a small UAS.
1. No flight will be made with a UA Gross weight exceedi ng 20 pounds.
2. Flights will be operated at an a ltitude of no more than 400’ Above Ground Level (AGL) and not more than 200’ above an elevated platform from which filming is planned.
3. Operations will be restricted to flights over private property with the permission of the written and/or oral permission of the property owner.4. The owner/operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation and also file NOTAM’s where applicable.
5. The PIC and VO will have been trained in operation of UAS and receive up

-to date information for the particular UAS to be operate d. Also, either the PIC or VO will be a licensed private pilot.
6. A briefing will be conducted in regard to the planned UAS operations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties withi n the boundaries of the safety perimeter be present for this briefing. 7. The owner/operator will obtain verbal and or written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the FSDO, operations at closer range may be approved.
8. Maximum flight time for each operati onal flight will be 25 minutes. Flights will be terminated at 25% battery power reserve.
9. The UAS will not be operated within 5 NM of an airport or heliport unless permission from local airport operations or FAA ATC has been obtained.
10. Operations will be restricted to daytime only and weather conditions equivalent to VFR.
11. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

12. Th e PIC will brief the property owner about the operation and risk before the first flight at each new location.
13. No operation will take place without both a fully charged battery and a Preflight Inspection by the PIC to establish the UAS is in condition for safe flight.
14. The PIC and VO will be able to communicate by voice, or radio at all times.
15. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined locat ion within a designated location and land autonomously.16. The UAS will have the capability to abort a flight in case of emergencies with an automated

“Return Home and Land” function.

17. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.
The protocols as outlined above, a re the minimum guidelines FHP will obey. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.20 3 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and pr oximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at le ast as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both t he operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certifi cates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive m aterials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b): Marking of the Aircraft. The regulation requires: 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 n or more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the ca bin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29(f). US Department of Transport ation February 20, 2015 The equivalent level of safety will be

provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or pro perty for compensation or hire. The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the petitioner’s UAS(s) do not carry any pilots or passengers or property. The risk associated with the operati on of a UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condi tion. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S. registered civil aircraft ... (2) For which an Airpl ane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The U AS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the PIC flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actio ns before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as outlined above; including but not limited to a thorough pre

-fligh t inspection of the UAV, reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft 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. The equivalent level of safety is provided by the fact that neither a pilot nor passengerswill be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119:

Minimum Safe Altitudes. Section 91.119 establi shes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 200’ above an elevated platform from which filming is planned, an exemption may be needed to allow su ch operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structu re whose height exceeds 400’ AGL, the UAS will no t be operated more than 2 00’ above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their previous consent. The equivalent level of safety will be achi eved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk as sociated with these operations is far less than those presently presented with conventional aircraft operating at or below 500’ AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires 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.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 9 1.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.” The petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not produce the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small U AS. The petitioner believes that an equivalent level of safety can be achieved by limiting flights to 25minutes or 25% of battery power

— whichever happens first. This restriction would be more

than adequate to return the UAS to its planned landing zone f rom anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation provides in pertinent part: (a) E xcept as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) A n appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section; or a special flight authorization is sued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well under the proposed 20

- lb. limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents within or on the UAS to display them as contemplated. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the PIC flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as pres cribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in

com pliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the petitioner. Routine maintenance will be accomplished by the owner/operator pursuant to the flight man ual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the PIC is the perso n most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordan ce with the UAS Manufacturer's User Manual. As outlined above, the PIC will ensure that the UAS is in working order by completing the pre

-flight inspection of the UAS prior to initiating flight and will perform required maint enance needed. Summary: FHP w ill not operate UAS(s) near airp orts, the locations where FHP will conduct it s services will be both limited and predetermined, which will allow for a controlled environment to operate safely while greatly

re ducing risk. By allowing FHP to conduct busines s with a UAS, it will help the Southern Illinois economy and benefit many other industries including private citizens to market their homes; that have not been able to afford to do so prior to UAS te chnologies. Furthermore, FHP ’s UAS’s are considerably li ghter than the alternative which could be a helicopter or small plane carryinge xplosive flammable fuels. FHP employs the use of UAS’s, which will operate up to 25 minutes

powered by a battery. The refore, the UAS’s used by FHP will typically have a flight time of 10

- 15 minutes at one time, as most photos and video are easily obtained in this flight time window. The likelihood of injury or even death with a small UAS compared to a large manned aircraft is greatly reduced.
Granting Flyin High Photography’s request for exemption comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircr aft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's as proposed herein. Further, FHP will conduct operations in full compliance with the protocols described herein or as otherwise establi shed by the FAA.
Please contact me should any additional information be required to satisfy an approval.
Sincerely,

Alan Piel

Jeffrey Herrell