**Aero Videography, LLC**

**1022 Mount Benevolence Road Newton, NJ 07860**  **June 20th, 2015**
**Docket Operations, M-30 U.S. Department of Transportation**  **Room W12-140, West Building Ground Floor 1200 New Jersey Avenue, SE.**  **Washington, DC 20590-0001**
**Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the**  **Federal Aviation Regulations**

**Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization an**  **d Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Aero Videography, LLC (Opera**  **tor) seeks an exemption from Federal Aviation Regulations (FARs) to allow commercial operations o**  **f their UAS(s) (Unmanned Aerial Systems) for the purpose of conducting aerial photography, video**  **, and survey for various industries.** Regarding the Unmanned Aircraft Systems **1. The requested exemption would support an applicat ion for a commercial Certificate of**  **Authorization (COA) to use the below described UAS( s), so long as operations are conducted**  **within and under the conditions outlined herein or as may be established by the FAA as required**  **by Section 333. Like the FAA, it is the Operator’s mission to provide the safest and most**  **efficient means of Civil Commercial implementation into the National Airspace System (NAS).**  **Furthermore, the Operator is comprised of members w ith the equivalent of a FAA Commercial**  **Certificate or higher adding an additional layer of high regard for safe operations as well as the**  **necessary high-level of understanding of the NAS an d FARs.** 

• **DJI Inspire 1– Reference Inspire 1 User Manual(EN) v1.0** 

• **The Inspire 1 is a quad copter UAS capable of capt uring 4K video and**  **transmitting an HD video signal to a ground station . Equipped with**  **retractable landing gear, it can capture an unobstructed 360 degree view**  **from its camera. The built-in camera has an integr ated gimbal to**  **maximize stability and weight efficiency while mini mizing space. When**  **no GPS signal is available, Vision Positioning tech nology provides**  **hovering precision. 2. Reference Inspire 1 Maintenance Manual v1.0**  **3. Reference Inspire 1 User Manual (EN) v1.0 [FCC Co mpliance – Appendix Page 62]** **Docket Operations**

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• **DJI Phantom 3 Pro – Reference Inspire 1 User Manua l(EN) v1.0** 

• **The Phantom 3 Pro represents the next generation o f quad copter UAS,**  **capable of capturing 4K video and transmitting an H D video signal to a**  **ground station. The Phantom 3 Pro utilizes the nex t-generation in flight**  **control that provides a more safe and reliable flig ht.** 
**4. Reference Phantom 3 Pro User Manual (EN) v1.2 [FC C Compliance – Appendix Page 56]** 
Regarding the Unmanned Aircraft (Person In Control) or PIC **6. Operator proposes to operate its UAS(s) with a pi lot holding, at a minimum, a private pilot**  **certificate.**

• **The UAS PIC will be trained in advance for the safe operation of the UAS to be**  **operated. This will include operation of the UAS b oth in normal and emergency**  **modes of operation, and will include familiarizatio n with the user manual**  **published by the UAS manufacturer. Training will a lso include types of**  **maneuvers to be performed and the safe operation in relation to persons, property**  **and applicable airspace.**

• **The PIC must have accumulated a minimum of 100 flig ht cycles and 25**  **hours of total time as a UAS pilot and at least 10 hours logged as a UAS’s**  **pilot with an exact or similar UAS type.**

• **All operations must utilize Visual Observers (VOs) . VOs who are not**  **pilots that will attend ground training to understa nd the roles of an**  **observer, safety, communication procedures, and pro per visual scan**  **techniques, operations at non-towered airports, and appropriate sections**  **of the Aeronautical Information Manual.**
Regarding the Operation of the Unmanned Aircraft **8. Operator proposes Civil Commercial operation of a n UAS to operate in the following manner:** 

• **Aerial photography and/or video for public and/o r private use including real**  **estate, architecture, land surveying, engineering a nd other related professional**  **activities.**

• **Aerial video and/or photography for public and/or private use including television,**  **public/private events, cinematography and news gath ering.** **Docket Operations**

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• **Aerial inspection/photography of residential/comm ercial structures under contract** 

**with the owner(s) or local government authority.**

• **Aerial inspection/photography of residential/comm ercial utility infrastructure**  **including but not limited to electrical power lines , wind turbines and cell towers.** 

• **Aerial video/photography or providing live video feed (so as long as all other**  **parameters are met contained herein) to assist with search and rescue operations**  **in case of an emergency or natural disaster only wh en the local authorities or**  **government has requested it by contract or donation**

**.**

• **The ability to offer training to persons individ ually or belonging to both private**  **and/or public organizations that have interests in the use and application of a**  **UAS for the purpose of the safe operation of a UAS to enhance the safety of the**  **National Airspace System (NAS) as well as for the p rotection of the person(s)**  **and property.**

• **For additional operator adherence: I. Reference – Inspire 1 Safety Guidelines v1.0**  **II. Reference – Phantom 3 Pro Safety Guidelines v1.0 9. The UAS may not be flown at an indicated airspeed**  **exceeding 29 knots (15 m/s). The UAS must be operated at an altitude of no more than 400**  **feet above ground level (AGL). The UAS may not be operated less than 500 feet below or les**  **s than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles fro**  **m the PIC. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1.** 

• **All operations must be conducted under visual me teorological conditions (VMC).**  **Flights under special visual flight rules (SVFR) ar e not authorized.** 

• **A briefing will be performed regarding the plann ed UAS operations prior to each**  **day’s flight consisting of all the days’ production activities.** 

• **Flights will be terminated at 20% battery power.**
**10. As described fully above, the requested exempti on would permit the operation of an UAS**  **under controlled conditions in the NAS that would b e the following - limited, controlled,**  **predetermined, and safely - to enhance the already safe operations in the industry presently**  **using conventional aircraft. Approval of this exemp tion would thereby enhance safety and**  **fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to**  **“....establish requirements for the safe operation of such aircraft systems in the national**  **airspace system.” Docket Operations** 

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**Given the small size of the UAS and the controlled environment provided, the proposed**  **operations will adhere to the Reform Act’s safety r equirements. The approval of this application**  **presents no national security issues. Regarding the level of safety surrounding the proposed**  **operations and the public benefit, reduction in env ironmental impacts, including but not limited**  **to reduced emissions and noise, the grant of the re quested exemption is in the public interest.**  **11. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on**  **current FAA-published aeronautical chart unless a l etter of agreement with the airport’s**  **management is obtained, and the operation is conduc ted in accordance with a Notice to Airmen**  **(NOTAM), as required by the operator’s COA. 12. The UAS must be operated within the visual line**  **of sight (VLOS) of the PIC and VO(s) at all times. The VO(s) may be used to satisfy the VLOS r**  **equirement as long as the PIC always maintains VLOS capability. The VO(s) and PIC must**  **be able to communicate verbally at all times. Electronic messaging or texting is not perm**  **itted during flight operations. Cell phone use will be strictly prohibited during flight operation**  **s as long as the UAS is powered on. 13. Reference – Inspire 1 Safety Guidelines v1.0**  **14. Reference – Phantom 3 Pro Safety Guidelines v1. 0**  **15. Operator’s Point of Contact – Mr. Jeremy Autore**  **1022 Mount Benevolence Road Newton, NJ, 07860**  **15. Operator will obtain required COA(s) once exempt ion is granted.**  Exemption Requests and Equivalent Level of Safety 14 CFR Part 21, Sub-part H: Airworthiness Certifica tes 14CFR § 91.203 (a)(1) **Based on the limited size, weight, operating condit ions, design safety features, and the imposed**  **conditions and limitations, Operator has demonstrat ed that its operations would not adversely**  **affect safety compared to similar operations conduc ted with aircraft that have been issued an**  **airworthiness certificate under 14 CFR part 21, Sub part H. Therefore, as the FAA found for** 
**Astraeus Aerial, Exemption 11062, the requested re lief from 14 CFR Part 21, and any**  **associated noise certification and testing requirem ents of part 36, is not necessary.** **Docket Operations**

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14 CFR § 45.23 (b) – Display of marks **Since Operator’s UAS(s) have no entrance to the cab in, cockpit, or pilot station on which the**  **markings can be placed, two inch lettering will be impossible. Official marking systems for**  **small UAS have not yet been established for operati ons inside the NAS.**  **Operator is prepared to mark the UAS(s) with the na me of the organization and location nor**  **origin and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) where**  **the pilot, observer, and others working with the UA S(s) will see the identification of the UAS.**  **The FAA has issued the following exemptions to this regulation, see Exemption #'s. 8738,**  **10167, 10167A and 10700.** 14 CFR § 61.113 (a) & (b) - Private pilot privilege s and limitations **This regulation provides: (A) This regulation provides that no person that h**  **olds a private pilot certificate may act as pilot in command of an aircraft for compe**  **nsation or hire. (B) This 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.**  **2. The aircraft does not carry passengers or propert y for compensation or**  **hire. All the requirements of a private pilot certificate**  **will prepare the UAS operator for the environment that they will be operating in.**  ***Please reference Grant of Exemption No. 11062 to A straeus Aerial (Astraeus), the FAA**  **determined that a PIC with a private pilot certific ate operating a UAS would not**  **adversely affect operations in the NAS or present a hazard to persons or property on the**  **ground.** 14 CFR § 91.7 (a) & (b) - Civil aircraft airworthin ess **This regulation provides: (A) No person may operate a civil aircraft unless i**  **t is in an airworthy condition. Docket Operations** 

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**(B) The pilot in command of a civil aircraft is re sponsible for determining whether that** 

**aircraft is in condition for safe flight. Th e pilot in command shall discontinue the**  **flight when un-airworthy mechanical, electri cal, or structural conditions occur.**  **While the operator’s UAS will not require an airwor thiness certificate, operator is**  **required to ensure that its aircraft is in an airwo rthy condition –based on compliance**  **with the operating documents prior to every flight. As previously determined with**  **Astraeus Aerial, Exemption 11062, relevant material s may be kept in a location**  **accessible to the PIC in compliance with the regula tions.**  14 CFR §91.9 (b)(2) -Civil Aircraft Flight Manual, marking, and placard requirements
14 CFR §91.203 (a) & (b) -Civil aircraft: Certifica tions required **As previously determined with Astraeus Aerial, Exem ption 11062, relief from these sections**  **are not necessary. Relevant materials may be kept in a location accessible to the PIC in**  **compliance with the regulations.** 14 CFR §91.109 -Flight instruction: Simulated instr ument flight and certain flight tests **This regulation provides that "No person may operat e a civil aircraft that is being used for flight**  **instruction unless that aircraft has fully function ing dual controls."**  **The controls for a UAS do not currently have a set of fully functioning dual controls. If a UAS’s**  **pilot is being trained, the pilot performing the tr aining would be directly supervising and could**  **take over the controls from the pilot in training i f the need arose. This would be similar to the**  **technique of a "throw-over type" control wheel in s ome fixed wing aircraft. We feel that this**  **technique meets the intent 91 .109 and provides an equivalent level of safety.**  14 CFR §91.119-Minimum safe altitudes **This regulation provides that over sparsely populat ed areas the aircraft cannot be operated**  **closer than 500 feet to any person, vessel, vehicle , or structure.**  **Since the typical mission of this UAS would be phot ography or survey of persons, vessels,**  **vehicles or structures it would be necessary to ope rate closer than 500 feet to the items listed.**  **Operations will only be flown over property or pers ons where permission has been obtained,**  **and careful pre-planning has been performed. Furthe r, UAS aircraft operate at a very slow**  **airspeed, and a low mass, and do not need as much s pace to operate safely, as outlined in**  **91.119. We believe the slower speed, smaller mass a nd careful pre-planning would provide an**  **equivalent level of safety. Furthermore, Operator can place barriers and/or structures to**  **sufficiently protect nonparticipating person from t he UA or debris in the event of an accident.** **Docket Operations**

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14 CFR § 9l.l21 - Altimeter settings **This regulation provides that aircraft shall mainta in cruising altitudes by reference to an**  **altimeter setting available within 100 nautical mil es of the aircraft.**  **The UAS will normally be flying close to the ground , and in line of sight of the PIC or an**  **observer. This line of sight operation will provide separation from other aircraft, obstructions**  **and terrain providing an equivalent level of safety . Additionally, the altitude information**  **generated by on-board GPS equipment installed on th e aircraft will aid-in estimating the**  **altitude.** 14 CFR§91.151-Fuel requirements for flight in VFR c onditions **This regulation provides that no person may begin a flight in an airplane under day VFR**  **conditions unless there is enough fuel to fly to th e first point of intended landing and to fly after**  **that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable**  **reserve of energy to plan for a safe landing should there be a delay in landing. Given the close**  **proximity to the ground station, the ability for th e UAS to land in a very small space and the**  **built in energy level monitoring of the UAS there i s a resulting equivalent level of safety if the**  **flight is planned to be completed with 20% battery energy remaining. We request an exemption**  **to the word "fuel" and ask for an equivalent interp retation with the word "energy".**  14 CFR §91.205 (b) –Powered civil aircraft with sta ndard category U.S. airworthiness certificates: Instrument and equipment requirements **Since the Operator’s UAS does not have a standard c ategory U.S. airworthiness certificate,**  **relief from 14 CFR § 91.205 is not necessary.** 14 CFR § 91.215-ATC transponder and altitude report ing equipment and use **Section 91.215 (b)(3) includes provision for aircra ft not originally certificated with an engine**  **driven electrical system or which has not subsequen tly been certified with such a system**  **installed. For UAS not equipped with a transponder , sub-paragraph (d)(3) authorizes requests**  **for ATC authorized deviations made to the ATC facil ity having jurisdiction over the concerned**  **airspace within the time periods specified. For op eration of an aircraft that is not equipped with**  **a transponder, the request must be made at least on e hour before the proposed operation.**  14 CFR § 91.401 –91.417–Maintenance, preventive mai ntenance, and alterations **This regulation provides that the operator is prima rily responsible for maintaining the aircraft in**  **an airworthy condition, including compliance with p art 39 and 43. Operator believes that**  **adherence to their documents containing pre-flight and post-flight checks for the UAS is**  **sufficient to ensure that safety is not adversely a ffected.** **Docket Operations**

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**Respectfully,**

**Jeremy Autore Owner, Aero Videography, LLC**  **1022 Mount Benevolence Road Newton, NJ 07860**  **Phone: 973.534.4526 e-mail: jeremyautore@aerovideography.com**