April 24, 2015

Exemption No. 11431 Regulatory Docket No. FAA

– 20 15

– 0169

Mr. Jeffrey Hug dba jeffhug360 3007 S outh 104th A venue Omaha, NE 68124

Dear Mr. Hug :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter posted to the public docket on January 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Jeffrey Hug dba jeffhug360 ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct business photography , providing panoramic “business view” services to businesses and pa noramic or single photographs or videos

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner i s a Phantom Vision 2 Plus

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from
14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessar y.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Jeffrey Hug dba jeffhug360 is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119 (c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitation s listed below.

Conditions and Limitations

In this grant of exemption, Jeffrey Hug dba jeffhug360 is hereafter referred to as the operator.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Phantom Vision 2 Plus when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a n ew petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA mus t be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VL OS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operat ions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and mu st be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and rev ised4

documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any updat e or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazar d to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibite d from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia , Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flig ht revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVF R) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted o n the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made availab le to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses com munications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manuf acturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct

ope rations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or s tructures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipatin g persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or auth orized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.
If this exemption permits op erations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming . The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this gra nt of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the oper ator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; a nd h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. This exemption terminates on April, 30, 2017 , unless sooner superseded or rescinded

.
Sincerely,

/s/ John S. Duncan Director, Flight Standards ServiceJeffrey Hug 402-452-7371

U. S. Department of Transportati on Docket Managem ent System1200 New Jersey Ave., SE Washington, DC 20590

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Je ffrey Hug dba jeffhug360 ("Petitioner"), a photographer and vi deographer, hereby applies for an exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial operation of small unmanned aerial vehicles (i.e., small unmanned airc raft systems or "sUAS").

This exemption is in ac cordance with protocols outlined in this petition for exemption, the sUAS manufacturer's operations and/or instructions manual ("Aircraft Operations Manua l"), and any other requirements established by the FAA pursuant to Section 333 of the Reform Act.Re: Petition of Jeffrey Hug for Exemp tion Pursuant to Section 333 of the
FAA Reform Act

EMAIL ADDRESS info@jeffhug360.com

For your convenience, this pe tition is organized as follows:

I. Petitioner's Description 

II. Relevant Statutory Authority 

III. Qualification for Appr oval Under Section 333 of the Reform

Act 

IV. Descriptio n of Proposed Operations 

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1). 

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

C. Aircraft Marking and Identifica tion Requirements: 14 C.F.R. §§ 91.9(c), 4 5.23(b) and 45.27(a). 

D. 14 C.F.R. § 61.113 (a) & (b ): Private Pilot Privileges and
Limitations: Pilo t in Command. E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the
Aircraft. 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

G. 14 C.F.R. § 91.103: Preflight Action. 

H. 14 C.F. R. § 91.109(a): Flight Instruction. 

I. 14 C.F.R. § 91.119: Minimu m Safe Altitudes. 

J. 14 C.F.R. § 91.121 Altimeter Settings. 

K. 14 C.F.R. § 91.151(a): Fuel R equirements for Flight in VFR
Conditions. 

L. 14 C.F.R. § 91.203 (a) & (b): Ca rrying Civil Aircraft Certification and Registration. 

M. 14 C.F.R. §§ 91.405 (a); 91.407(a)(1); 91 .409(a)(2); 91.417 (a) & (b): Maintena nce Inspections. 

VI. Public Interest 

VII. Privacy 

VIII. Federal Register Summary 

IX. Conclusion 

November 13, 2014 Page 3I. Petitioner's Description

Petitioner is the sole proprietor of a photographic and video company ("jeffhug360"), a photography and video service provider based in Omaha, Nebraska. Petitioner is a Google certified business photographer, providing panorami c “business view” services to
businesses. Petitioner would like to expand this se rvice to include panoramic or single photographs or videos.

Petitioner has been a professional p hotographer for 17 years, and a university professor on the subject for 8 years.

Consistent with the requirements of 14 C.F.R. § 11.81(a), Petitioner provides the following informatio n in support of its petition for exemption:

The name and address of the Petitioner is:

Jeffhug360Attn: Jeffre y Hug3007 south 104 th avenue, Omaha, NE,
68124. Phone: 1-40 2-452-7371Email: info@jeffhug360.comII. Relevant Statutory Authority

This petition for exempti on is submitted to fu lfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. In the Reform Act, Congress directed th e FAA "to safely accelerate the integration of civil unmanned aircraft sy stems into the national airspace system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA Administrator") to consider whether certain un manned aircraft systems may operate safely in the National Airspace System ("NAS") before completion of the rulemaking required under Section 332 of the
Reform Act.3

In making this determination, the Secretary is requir ed to determine which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

The sUAS's size, weight, speed , and operational capability; 

Operation of the sUAS in close proximity to airports and populated areas; and 

Operation of the sUAS within visual line of sight of the operator.4 If the Secretary determines that such vehicles "may operate safely in the National Airspace Sy stem, the Secretary shall establish requirements for the safe operation of such aircra ft in the National Airspace System" (Emphasis added).5 In addition, th e FAA Administrator has general authority to grant exemptions from its safety regulations and minimum
standards when the Administrator de cides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (aut horizing the grant of exemptions from a requir ement of regulations pr escribed pursuant to section 44701(a)(b) and sections 4470244716). A part y requesting anexemption must explain the reason s why the exemption: (1) would benefit the public as a whole, and; (2) would not advers ely affect safety (or how it would provide a level of sa fety at least equa l to the existing rules). See 14 C.F.R. § 11.81;! FAA, Petition for Exemptions. III. Qualification 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 criterial and other potentia lly relevant factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive sUAS under controlled co nditions in airspace that is: (1) limited; (2) predetermined; (3) contro lled as to access, and; (4) would provide an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplis h the same purpose.

Petitioner's sUASs are rotorcraft, wei ghting 55 or fewer lbs. including payload. They operate, under normal conditions, at a sp eed of no more
than 27 knots and have the capability to hover, an d move in the vertical and horizontal plane simultaneously.

Petitioner's sUASs will operate in li ne-of-sight and will operate only
within a sterile area described in th e enclosed Manual.6 Such operations
will insure that the sUAS will "not create a hazard to users of the National Airspace System or the public."7

4 Id. at § 333(b)(1).5 Id. § 333(c).6Given the small size of the sUASs involved and the restricted sterile
environment within which they will operate, this petition for exemption falls squarely within that zone of sa fety i.e., an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sU ASs to commence immediately. Also,
due to the size of the sUASs and the restricted areas in which the sUASs will operate, approval of the appli cation presents no national security
issue.

Considering the clear direction in Se ction 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surround ing the proposed op erations, and the significant public benefit, includ ing enhanced safe ty, reduction in environmental impacts, including re duced emissions associated with allowing sUASs for the pr oposed operations, the grant of the requested exemptions is also in the public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemptio n without delay.IV. Description of Proposed Operations

The enclosed Manual describes, in de tail, the policies and procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's propos ed sUAS operations, below is a summary of operational limitations and conditions which will ensure an equivalent or higher level of safe ty to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less th an 55 lbs. 

2. Flight s will be operated within line- of-sight of a pilot and/or
observer. 

3. Maximum total flight time for each opera tional flight will be 25 minutes. Flights will be termin ated at 25% battery power reserve should that occur prior to the 25 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL"). 

5. Minimum crew for each operation will co nsist of the sUAS
Pilot and an Observer. 

The sUAS pilot will be Pilot in Comm and (PIC). If a pilot certificate
holder other than the sUAS Pilot is present and possesses the necessary PIC qualifications, that person can also be designated as PIC.

A briefing will be cond ucted in regard to the planned sUAS operations prior to each day's activ ities. It will be mandator y that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.Pilot and Observer will have been trained in operation of sUAS generally and will have re ceived up-to-date informat ion on the particular sUAS to be operated, as required in the Manual.

Observer and Pilot will at all times be able to communicate by voice
and/or text. Written and/or oral permission from the relevant property
holders will be obtained.

All required permission s and permits will be ob tained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

If the sUAS loses communications or loses its GPS signal, the sUAS is equipped with advanced safety featur es that will allow the sUAS to automatically return to a pre-determined location.

The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. By its terms, th is statutory authority includes exempting civil aircraft, as the term is defined under §40 101 of the Act, including sUASs, from its safety r egulations and mi nimum standards when the Administrator decides a requ ested exemption is in the public
interest.9

9 See 49 U.S.C. § 44701(f) (authori zing the grant of exemptions from a requirements of regulations prescribed pursuant to section 44701(a)(b) and sections 44702-44716).

Petitioner seeks an exemptio n from several interrel ated provisions of 14 C.F.R. Parts 21, 45 and 91 fo r purposes of conducting aerial photography and video using sUAS. Li sted below are: (1) the specific
sections of 14 C.F.R. for which exemption is sought; and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety equal to or better than the rules from which exemption is sought.10A. 14 C.F.R. Part 21, Subpart H Airw orthiness Certificates & 14 C.F.R. § 91.203(a)(1).

This petition seeks an e xemption from 14 C.F.R. Part 21, Subpart H, which establishes the pr ocedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited op erating area associated with the sUAS to be utilized by the Petitioner, an exemp tion 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 FA A to exempt aircraft from the requirement for an airworthiness cer tificate, upon consideration of the size, weight, speed, operational capab ility, and proximity to airports and populated areas of th e particular sUAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthines s certificate, in the restricted
environment and under the conditions proposed will be at least as safe, or safer, than a conven tional rotorcraft operating with an airworthiness
certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

"The reasons why granting the exe mption would not ad versely affect safety, or how the exemption would pr ovide a level of safety at least equal to that provided by the rule from whic h you seek exemption."

The sUAS to be operated hereunder weighs less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosivematerials or flammable liquid fuels, and operates exclu sively within a
secured area. Unlike other civil aircra ft, the proposed operations in this petition for exemption will be contro lled and monitored by the operator, pursuant to the Manual's requirements.

These safety enhancemen ts, which already appl y to civil aircraft operated in connection with existi ng inspection operations, provide a greater degree of safety to th e public and property owners than conventional operations conducted with airworthiness certificates 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 sUAS, due to its size , speed of operation, location of operation, lack of explosive materi als or flammable liquid fuels, and inability to carry a subs tantial external load.B. 14 C.F.R. Part 27: Airworthin ess Standards: Normal Category
Rotorcraft.

14 C.F.R. Part 27 sets fort h the procedural requirements for
airworthiness certification of normal category rotorcraft . To the extent
the Petitioner's sUASs would otherwis e require certification under Part 27, as a rotorcraft, Petitioner airw orthiness standards for the same
reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.C. Aircraft Marking and Identifica tion Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

This petition seeks an exemption from the ai rcraft marking and identification requirements of 14 C. F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft
is identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or exper imental or provisionally certificated aircraft, the operator must also display on that aircraft near ea ch entrance to the cabin, cockpit, or pilot st ation, in letters not le ss than 2 inches nor more than 6 inches high, the words "lim ited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorc raft must display on that rotorcraft horizontally on both surfaces of the cabin, fusela ge, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is wa rranted because the sUAV has no entrance to the cabin, cockpit, or pilot stati on on which the word "Experimental" can be placed. Moreover, given the size of the sUAV,two-inch lettering would be impossibl e. The word "Exp erimental" will be placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the a ssociated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for ex emptions to the ai rcraft marking and identification requirements of §§ 91.9 (c), 45.23(b) and 45.27(a), will be provided by having the sU AV marked on its fuse lage as required by §45.29(f) where the pilot, observer, and others working with the sUAV
will see the identification of the sU AS as "Experimental." Additionally, Petitioner will ensure comp liance with any requests of sUAS marking by
the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exempt ions Nos. 10700, 8738, 10167 and

10167A.D. 14 C.F.R. § 61.113 (a) & (b): Pr ivate Pilot Privilege s and Limitations:
Pilot in Command.

This petition seeks an e xemption from the privat e pilot privileges and limitations of § 61.113 (a ) & (b), which states:

Private Pilot Privileges and Li mitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot cert ificate may act as pilot in command of an aircraft that is carrying pass engers or property for compensation or hire; nor may that person, for comp ensation or hire, act as pilot in
command of an aircraft.

(b) A private pilot may, for compen sation or hire, act as pilot in
command of an aircraft in connection with an y business or employment
if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry pass engers or property for compensation
or hire.

Section 61.113(a) limits private pilo ts to being in command of noncommercial flights. Section 61. 113(b)(1) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection with business or employment if "[t]the flight is only incidental to that business or employment." That exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the proposed aerial photography and video but rather es sential to it. Accordingly, this petition seeks an exemp tion to § 61.113(a)'s commercial limitationand/or § 61.113(b)(1)'s requirement th at the flight be incidental to the business to benefit from the exception.

Equivalent Level of Safety

Because the sUAS will not carry a p ilot or passengers , the proposed operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC operatin g the sUAS to have training on operation of the sUAS as defined in the operation manual for the sUAS.

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance.

The risks associated with the operation of small, lightweight sUAS are
diminished from the level of risk as sociated with commercial operations contemplated by Part 61 when draf ted, that allowing the proposed operations in this petition for exem ption by requiring the PIC operating the sUAS to have training on operation of the s UAS as defined in the operation manual for the sUAS, and that the sUAS is remotely controlled with no living thing on board.exceeds the pr esent level of safety achieved by § 61.113 (a) & (b).E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.This petition seeks an e xemption from the flight manual requirements of 14 C.F.R. §

91.9(b)(2), which states:(b) No pe rson may operate a U.S.-registered
civil aircraft .. .

(2) For which an Airplane or Rotorcraft Flight Ma nual 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.

Given its size, configuration, and lo ad capacity, the sUAS has no ability to carry such a manual on the aircraft , not only because there is no pilot on board, but because ther e is simply no room or capacity to carry such
an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS f light manual at the ground control point where the pilot fl ying the sUAS will have immediate access to it. Accordingly, Petitioner requests an e xemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the s UAS flight manual be available at the control po int during each operation.

The FAA has issued th e following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299 , 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.F. 14 C.F.R. § 91.7(a): Ci vil Aircraft Airworthiness.

This petition seeks an e xemption from 14 C.F. R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated.
Inasmuch there will be no airworthin ess certificate issued for the sUAS, should this exemption be granted, no FAA regulatory st andard will exist for determining airworthiness.

Equivalent Level of Safety

Given the size of the sUAS and the requirements contain ed in the sUAS
manual for mainten ance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

The FAA has issued th e following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299 , 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.G. 14 C.F.R. § 91.103: Preflight Action.

This petition seeks an e xemption from § 91.103, which requires a PIC to become familiar with sp ecific information before each flight, including
information contained in the FAA- approved Flight Manual on board the aircraft. Inasmuch as an FAA app roved flight manual will not be provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the sUAS comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft perfo rmance data, before initiation of flight.H. 14 C.F.R. § 91.109(a ): Flight Instruction.

This petition seeks an e xemption from 14 C.F.R. § 91.109(a), which provides that person may operate a ci vil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functiona l dual controls. Instead, flight control is accomplished through th e use of a control box
that communicates with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the sU AS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and a ll persons will be a safe distance away should the sUAS experience any difficulties during flight
instruction.

The FAA has approved e xemptions for flight training without fully
functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the mi nimum safe altitude requirements of 14 C.F.R. § 91.119 . Section 91.119 prescribes the
minimum safe altitudes un der which aircraft may not operate, including 500 feet above the surface and away fro m any person, vessel, vehicle, or structure in non-congested areas. Se e 14 C.F.R. § 91. 119(c). Section § 91.119(d)(1) allows for a hazard to pe rsons helicopter co mplies with any routes or altitudes specifically pres cribed for helicopters by the FAA.

To provide the intended inspections, the sUAS will normally need to be operated within a range of approximately 50 feet from the subject being photographed or recorded. Accordin gly, due to the nature of the proposed operations, the PIC and the designated spotter may at times be less than 500 feet away from structures during the operation, and an exemption is therefore required.

Additionally, the sUAS is prohibited from being flown at an altitude greater than 400 feet, so an exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs. prop osed herein, and the la ck of flammable fuel, any risk associated with these operati ons is far less th an those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. The sUAS will be operated in a restricted area, where buildings an d people will not be exposed to operations without their pre-obtained consent. No flight w ill be taken without the permission of the proper ty owner and/or local o fficials. Because of theadvance notice to the pr operty owner and partic ipants, all affected
individuals will be aware of the planned flight op erations. Furthermore, by operating at such low altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.J. 14 C.F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 C. F.R. § 91.121, which requires a person operating an aircraft to maintain crui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pr essure. An exemption is required
because the sUAS does not have a ba rometric altimeter, but rather a GPS
altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Mo reover, the PIC will use the GPS altitude indicator to constantly moni tor the sUASs height, thus ensuring operation at safe altitudes.K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. This petiti on seeks an exempti on from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions.

Section 91.151 states:

(a) No person may begin a flight inan airplane under VFR conditions unless (considering wind and for ecast 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 th at for at least 30 minutes; or

(2) At night, to fly after th at for at least 45 minutes.

The battery powering the sUAS prov ides approximately 30 minutes of powered flight, and the sUAS will also not be flown at night. An exemption from the 30 minute reserv e requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power, whichever happen s first. This
restriction would be more than ad equate to return the sUAS to its planned landing zone fro m anywhere within its limited operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does not engender the type of ri sks that Section 91.151 (a) was intended to alleviate given the size and spee d of the small sUAS. Moreover, operation will be limited to contro lled areas where on ly people and property owners, or official repres entatives who have signed waivers
will be allowed.This request for exemption falls with in the scope of prior exemptions. See e.g. Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with § 91 .151 (a)); see also Exemptions 2689F, 5745, 1067 3, and 10808.L. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

This petition seeks an e xemption from civil airc raft certification and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and curren t 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 issued unde r §91.715 is displayed at the cabin or cockpit entrance so that it is legi ble to passengers or crew . In addition to the fact
that Petitioner is seek ing an exemption from the airworthiness load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not ha ve a cabin or cockpit entrance at
which the documents could be displayed; and (3) there are no passengers
or crew for whom the cer tificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping
these documents at the ground control point wher e the pilot flying the
sUAS will have immedi ate access to them.

The FAA has issued nu merous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 97 89A, 9797, 9797A, 9816A, and 10700.M. 14 C.F.R. §§ 91.405(a ); 91.407(a)(1); 91.409(a )(2); 91.417 (a) & (b): Maintenance Inspections.

This petition seeks an exemption from the ma intenance inspection requirements of 14 C.F.R. §§ 91. 405(a); 91.407(a)( 1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenan ce and inspection
standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft as prescribed in subpart E of this part and shall between required inspections . . . have An exemptio n to these regulations is needed
because Part 43 and these sections apply only to aircraft with an airworthiness certificate, wh ich the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety w ill be achieved because maintenance and inspections will be perfor med in accordance with th e Aircraft Operations
Manual as referenced in the sUAS manual. As provided in the manual, the operator will ensure that the s UAS is in working order prior to initiating flight, perform required ma intenance, and kee p a log of any maintenance performed. The operator is the person most familiar with
the aircraft and best suit ed to maintain the aircraft in an airworthy condition to provide the equ ivalent level of safety.

If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for periods of time not to exceed 30 minutes or until 25% battery power rema ins, create less risk than the
same factors associated with conv entional fixed-wing aircraft and rotorcraft performing the same operation.VI. Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), Petitioner offers the following reasons why gr anting this petition for exemption is in the public interest, i.e., how gran ting it would benefit the public as a
whole.

Approval of exemptions allowing com mercial operations of small and lightweight sUAS in the photography and videography industries benefits the public as a wh ole in the following ways:

It helps fulfill Congress' goal in pa ssing Section 333(a) through (c) of the Reform Act, namely, the FA A Administrator's assessment of whether certain sUAS may operate sa fely in the National Airspace System before completio n of the rulemaking required under Section 332
of the Reform Act. 

The operation significantly impr oves safety and reduces risk by alleviating human exposure to danger associated with current aerial survey and inspection me thods, namely, full si ze helicopters. Manned helicopters performing photography or videograp hy have experienced an exceedingly high number of accident s and fatalities. He licopter crashes
have taken more lives on film sets than any other type of accident in modern times. Since 1980, 33 film and TV workers — nearly one a year
— have been killed in heli copter accidents around the world, 14 in the U.S. and 15 more for American comp anies shooting abroad. The public's interest is furthered by reducing human exposure to death or serious injury associated with manned aircraft performing these services.

Petitioner's sUASs are ba ttery powered and creat e no emissions. If Petitioner's sUAS crashes, there is no fuel to i gnite and explode. Any impact of Petitioner's lightweight sU ASs is, obviously, far less than afull size helicopter. The public's interest is furthered by minimizing ecological impact of an accident a nd by reducing hum an exposure to potentially harmful emissions asso ciated with manned aircraft. 

Aerial photography and videogra phy are valuable tools for urban projects, real estate, and artistic pr oduction. The use of sUAS addresses safety problems and is a powerful t ool for performing a wide-range of photography and videography that is either inaccessible by traditional aircraft or provides a significant sa fety benefit. The public as a whole
will benefit from the safer and more cost-effective photography and videography services that sUAS operations provide. VII. Privacy

All flights will occur over Petitione r's property or the Customer's property with the Customer's prior consent, expectati ons and knowledge.VIII. Federal Register SummaryPurs uant to 14 C.F.R. Part 11, the following summary is provided fo r publication in the FEDERAL REGISTER, should it be determin ed that publication is needed:

JeffHug360. seeks an exemption from th e following rules:

14 CFR Part 21, Subpart H; 14 CF R Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91 .9(b)(2); 14 CFR 91.103; 14 CFR 91.109 (a); 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 CF R 91.417 (a) & (b).

Approval of exemptions allowing com mercial operations of small and lightweight unmanned aircraft (" sUAS") in the photography and videography industry will enhance sa fety by reducing risk. Conventional operations in this indust ry using rotorcraft or fi xed-wing aircraft present
the risks associated wi th vehicles that weigh in the neig hborhood of several thousand pounds and carrying large amounts of fuel. Such aircraft must fly to and from the survey or inspection location and operate at low altitudes.

In contrast, a sUAS weighing fewe r than 55 lbs. and powered by
batteries eliminates virtua lly all of that risk, gi ven the reduced mass and
lack of combustible fuel carried on board. The sU AS is transported, not flown, to the designated imaging ar ea and set up. The sUAS carries no passengers or crew and, therefore, do es not expose th em to the risks associated with manned aircraft flights.

The operation of small sUASs, weighing less than 55 lbs., provides an equivalent level of safety and thus supports the grant of the exemptions requested herein, including e xempting the applicant from therequirements of Part 21 and allo wing commercial operations. These lightweight sUASs operate at slow sp eeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial photography or videography operations conducted with fixedwing aircraft or helicopters.IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012. The size, weight, speed, op erating capabilities, proximity to airports and populated ar eas, and operation within visual line of sight and national security prov ides more than adequate justification for the grant of the requested exemptions allowing com mercial operation of JeffHug360.

If additional information is required , or if you have any questions regarding this Petition fo r Exemption, please c ontact the undersigned :

Very truly yours,

Jeffery Hug ______

_______________________ Attachments (All Subject to Non- Disclosure Under the Freedom of Information Act, 5 U. S.C. § 552 et. seq.):

Attachment A: Phantom Vision 2 Plus operators manual

ATTACHMENT A

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