Thursday, October 1, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590



## Exemption Request: Section 333 of the FAA Reform Act

Dear Sir/Madam:

This petition is being submitted on behalf of Framework Photography by Andrew Gochenour without legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), and 14 C.F.R. Part 11, Framework Photography (“Framework ”), a n Illinois based company operating a Small Unmanned Aircraft System (“sUAS”) equippe d to conduct aerial photography, videography, and surveying for various industries, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) listed below to allow operation of our
sUAS c ommercially in airspace regulated by the Federal Aviation Administration (“FAA”) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit Framework to pursue its commercial interests in providing services to consumers’ interested aerial data capture using a small advan ced sUAS in the following

areas:

 Closed Set Film Cinematography

 Aerial video/photography or providing live vi deo feed

 Real Estate Photography

 Agricultural Surveying

 Property Surveying

 3D Mapping

 Search and Rescue

 Product Demonstrations

 Research and Development

Framework states that all sUAS flights that will occur over private or controlled access pro perty will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be within the appropriate range where photography and videography will take place will be captured using our equipmen t.2

Framework un derstands the proper roles of the pilot in control (PIC), visual observer (VO)

, communication procedures, proper visual scan techniques (naked eye only), operations near airports, and will compile a comprehensive safety manual to subsidize the sUAS operational documents, safety documents, and maintenance documents as well as to ensure compliance of the Conditions and Limitations issued by the FAA, including but not limited to all applicable parts of 14 CFR. Framework will also form a detaile d motion picture and television operations manual (MPTOM ).



## Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subsection H 14 C.F.R. 45.23 (b) 14 C.F.R. 61.23 (a) & (c) 14 C.F.R. 61.101 (e) (4) & (5) 14 C.F.R. 61.113(a)
14 C.F.R. 61 .315(a) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)
14 C.F.R. 91.109
14 C.F.R. 91.119
14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)
14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)



### Unmanned Aircraft System :

sU AS are a feasible method to obtain information of agricultural cropland to determine optimum inputs that result in cost savings to farmers, yield security, and reduce environmental impact of excess
fertilizers and chemicals in the soil. They also serve as a safer alternative to maned aircraft to perform all above requested operations.

We are petitioning for exemption to enable Framework to operate a DJI Inspire 1 multi

- rotor equipped
with a three

- axis gimbaled camera . This sUAS weighs less than 30 lbs., ha s a built

- in capability to limit the height it flies above the ground (400ft AGL maximum) , to limit the radius of the distance it flies from the operator

, and to exclude it from Class B, C and D airspace inclu ding a no fly zone feature. This system also ha s a failsafe function of the autopilot system, which means when the communication between the main c ontrol ler and the transmitter is lost, the system will automatically trigger Retu rn to Home and will ascend to a pre

- determined altitude, return to the loca tion of takeoff or location of operator, descend in altitude slowly, and land safely . This automatic operation may also be initiated and/or3

interrupted by the PIC in emergency situations or to regain control once the sUAS is close enough to safely land man ually. All updated manufacturer provided operation docu ments, safety documents, and maintenance documents can be found here. ( http://www.dji.com/product/inspire

- 1/download ) Framework only consid ers the most recent versions safe for use.

The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

 Framework will only operate its sUAS in line of sight of the PIC and VO

.

 Framework w ill operate at sites that are at least 500ft from any inhabited buildings, vehicles, vessels, people not directly associated with the operation and have consented or signed a waiver in advance of the operation

. Operations will only occur on prope rty whose owner or administrators have authorized the operations. Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public."

 Framework also concurs with a section of exemption 11138... “If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonpartici pating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500ft of the UA, flight operations must cease immediately. “

 Minimum crew for each operation will consist of the PIC and one VO. Additional flight crew personnel may include, but are not limited to, a camera operator, camera focus operator, and
an additional VO.

 Each flight location will be inspected for hazards the day of each flight operation. Hazards will
be noted and suf ficient measures will be taken by crew to maintain a safe operational
environment.

 Prior to each day’s operation, a safety and informational briefing will be held. This meeting will outline the day’s missions as well as bring to light hazards and safety co nditions. All personnel conducting activities within the designated flight zone are required to attend this briefing.

 All flight operation crew will use universally understood callouts and will remain within ear range of each other.

 When flying the sUAS wi thin 5 miles of an airport, airport operators w ill be notified and
the PIC will immediately give right of way to any and all maned aircraft

.

 Maximum flight time for ea ch operational flight will be 25 minutes.

 The sUAS will alert the PIC when battery leve l reaches 30% to allow sufficient time to halt operations and land in a designated area by 20% battery.

 Flights will be terminated at 20 % battery power reserve s hould that occur prior to the 25
minute limit.

 The sUAS will be programmed so that it will not be operated at an altitude above 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

 The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. cameras, lens es, gimbals, sens ors, batteries ).4

 The sUAS will operate at speeds of no more than 87 knots (100 mph).

 If the sUAS loses communications signal, its Return to Home function will be initiated

.

 The sUAS and PIC also have the capability to abort the flight in case of unpredic ted obstacles, weather, or other emergencies.

 Framework will also assure that no individuals’ privacy is violated

. Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Ref orm Act's safety requirements.



## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY:

Framework Photography requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAS
System:



### 14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an

expe rimental certificate be issued for the DJI Inspire 1 sUAS under either or both of the following provisions:

21.191 Experimental certificates

. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness r egulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Sin ce the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will no t carry persons or property, will not carry fuel, and will only fly under strict operational

re quirements. Constructed primarily of carbon fiber and plastic, the sUAS will be as safe if not safer than a conventionally certified aircraf t performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement fo r an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.5



### 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the air craft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, coc kpit, or pilot station. The sUAS does
not have an entrance i n which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the w ord "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and othe rs in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the per manent placard discussed on pages 7 and 8 (14 CFR 91.203 exemption request) will provide the aircraft registration information in addition to information provided at the ground
station . Finally, we will display at the ground station a high contrast flag or banner that contains the
words "Unmanned Aircraft Ground Station" or “Drone Ground Station” in letters 3 inches high or greater. Since the aircraft will operate within 1.25 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.



### 14 CFR 61.23 (a) & (c): Medical certificates: Requirements and duration. The regulation sets forth medical certificat e requirements for pilots in command of aircraft in that a
holder must have a first class medical certificate when exercising the PIC privileges of an airline transport pil ot certificate. Furthermore, this requirement states that the PIC must hold at least a second class medical certificate when exercising PIC privileges of a commercial pilot certificate, or
must hold at least a thi rd class medical certificate when exercising PIC privileges of a private pilot certificate, recreational pilot certificate, or flight instructor certificate. It also states that a person must hold and possess either a medical certificate issued under 61.67 or a U.S. driver's license when exercising the privileges of a sport pilot certificate in a light sport aircraft other than a glider or
balloon.

We request relief from 61.23(a) to allow any pilot that holds one of the pilot’s certificates (discussed above) to operate a s UAS with a U.S. issued driv er’s license, in lieu of an FAA issued medical certificate. We also request relief from 61.23(c) to allow sport pilot certificate holders to operate
aircraft other than LSA with a U.S. issued driver’s license.



### 14 CFR 61.101 (e) (4) & (5): Recreational pilot privileges and limitations. This section limits recreational pilots to non-comm ercial operations and that they may not act as pilot in command of a recreational aircraft for compensation or hire, or in the furtherance of a business. Unlike a conventional aircraft that carries the pilot and passengers, the s UA S is remotely
controlled with no living thing on board. The area of operation will be predetermined and in a protected flight area under the permission of the property representative, and all flights are planned and coordinated in advance . We request exemption from this regulation

.6



### 14 CFR 61.113 Private pilot privile ges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in
Command of an aircraft fo r compensation or hire. Subparagraph (b) 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; and (2) The aircraft does not carr y passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel
we meet the intent of 61.11 3 Subparagraph (b) even though the intent of this application is to conduct
a business.



### 14 CFR 61.315 (a): What are the privileges and limits of my sport pilot certificate? This section limits sport pilots to non commercial operations and that they may n ot act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire, or in the furtherance of a business. They also may not carry more than one passenger, fly at night, and under
other restrictions that are outside of the scope of intended flights of the sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation will be predetermined and in a protected flight area unde r the permission of the property representative, and all flights are planned and coordinated in advance. We
request exemption from this regulation.



### 14 CFR 91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil a ircraft unless it is in airworthy condition. 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

ma intenance and use of preflight actions as prescribed by the aircraft’s manufacturer prior to each flight, and given the FAA’s prior approval of the same types of aircraft to be used in previous exemptions to this requirement

, we believe we can maintain a h igh standard of safety and due regard as to the aircraft’s airworthiness during flight operations. We request exemption from this regulation.



### 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no pe rson may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exem ption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.7



### 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground

- based
control station consists of a small hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

- on" the controls during flight, we feel that this technique meets the in tent 91.109 and provides an equivalent level of safety.



### 14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structu re. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where
per mission has been obtained and careful pre

- planning has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain t hat due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.



### 14 CFR 91.121 Altimeter settings

. The regulation requires that aircraft sha ll maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An A bove Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS

on

- board computer to the display screen held by the PIC, providing a constantly updated AGL
readout.



### 14 CFR 91.151 Fuel requirements for flight in VFR c onditions

. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at
least 30 minutes. We feel the intention of t his paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from a single battery charge is 15

- 25 minutes with a 20% reserve. Since the aircraft will never fly mor e than 1.25 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve after that.



### 14 CFR 91.203(a) & (b) Civil aircraft: Certifications re quired. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUAS is too small to carry documentation, does not have an8

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by
the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we prop ose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of
14 CFR 45.23.



### 14 CFR 91.205 (b )

- Instrument and equipment requirements. This regulation requires that certain instruments and equipment are required. This sUAS is not capable or does not include some of these instruments. Other measures will be taken to substitute
these instruments. We request exemption to this regulation.



### 14 CFR 91.215

– ATC transponder and altit ude reporting equipment and use. This section requires altitude transponder units and outlines their proper use. This sUAS is not equipped for al titude transpondence. Since the aircraft relays it altitude AGL in real time to the PIC, there is no need for this equipment. We request exemption from this regulation.



### 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations



## . The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part s 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that
the aircra ft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections after every 4 hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and
firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, co nstruction, and simplicity of the aircraft, the PIC can ensure an equivalent
level of safety.9



## Public Interest

Granting Framework Photography an exemption under Section 333 furthers the public interest. National policies set forth by Congress fav or early integration of UAS into the national airspace in a well

- controlled manner concurrent to the requests of Framework, and the safety and regulatory standards set forth by the FAA. Framework will take app ropriate measures to help ensure that UAS and s pecifically sUAS appear useful and safe for today’s economy in the public eye. Every s UAS pilot represents the rest, and we strive to leave a positive impression on the public.

Framework also believes that properly trained pilots are key. That’s why I have spent countless hours practicing and perfecting not only my flight skills but my situational awareness with the Inspire 1 and other sUAS. Elegant and mistake

- less flights are key when the public is observing sUAS flight operations.

Using a sUAS is also m uch safer than using maned aircraft for the above stated duties. Maned helicopters carry hundreds of gallons of jet fuel, are extremely noisy, produce toxic emissions, carry passengers, are very large and hard to maneuver, and can cause a large amount of d amage if a catastrophic failure occurs. On the other hand, sUAS are much smaller, produce much less noise and downward wind, run on replaceable batteries, carry no passengers, are small enough to be very easily maneuvered in situations where maned aircraft would fail, and cause much less damage than a full sized helicopter in the event of a catastrophic failure. With maned helicopters, a crash from even a low elevation can be lethal, not only to pilots and other crew aboa rd, but to bystanders as well. It ca n also cause extensive property damage, especially if its fuel is spilled and ignited. With my sUAS, a crash, at the most, would result in much less bodily harm, especially with no pilot or crew aboard. It would also cause substantially less property damag e in the event of a crash.

The sUAS is also much more affordable and publically reasonable to use for real

- estate photography and videography. Using a sUAS costs much less than using a full sized aircraft for the same purpose. It also creates less of a nu isance for people near the operation. The sUAS also creates the opportunity to create promotional video with angles no other camera system could achieve.

The agricultural industry is already benefiting greatly from sUAS operations. These operations inclu de NDVI mapping, crop inspection, watering system inspection, grain storage facility inspection, and land inspection. Currently, most agricultural professi onals have to use trucks and ATV s to inspect their fields. With this boost of crop inspecting drones entering the market, ag professionals are achieving healthier crops and higher yields.

Search and rescue is a unique niche field that requires special personnel, training, vehicles, and safety equipment. If a helicopter is required for a search and rescue mission, it must be called to action, take10

off from an airport, fly to where it is needed, search and/or rescue, then fly back to the airport. In some cases, search and rescue crews can’t afford to wait for a helicopter to come from the nearest airport. s UAS present a much better alternative to search missions. Instead of waiting for a helicopter to arrive, S&R crews can launch a sUAS with the proper tools to get the job done in a fraction of the time. This has the potential to save time, money, and lives.



## Conclusion:

Granting this request for exemption will not only benefit Framework Photography, but will also benefit the people of the community that we rely upon, and other local business that we will work hand in hand with to create marketing and researc h tools that will boost their business substantially. It will also be much more affordable and safer than using full size maned aircraft for the same purposes. Framework will strive, not only to provide reliable, affordable, and safe aerial services with s UAS technology, but will ensure that it does so in a way that positively represents all other commercial sUAS operators.

Under the requested exemption, Framework Photography ensures that all operators have completed small unmanned aircraft systems (UAS) e ducation and training including Airmanship and Decision

making and Safe Operating Procedures, as well as have read and fully understand all flight operation manuals, safety manuals and bulletins, maintenance manuals, MPTOMs, Conditions and Limitations
issu ed by an FAA Section 333 grant of exemption, and any future amendments made to these
documents and standards.

We respe ctfully request exemption

, under Section 333, to enable Framework Photography to operate safe, low

- risk commercial sUAS operations for t he activities stated. Framework Photography at all times will respect the privacy of citizens, and will uphold a positive image that the commercial sUAS community deserves while doing our part to ensure the safety and security of our national airspace.



### Sincerely

,

Andrew Gochenour Framework Photography 2800 S. Walnut Springfield Il, 62704 www.framework

- photography.com 217.220.7477 (Cell) 217.502.7328 (Office) Andrew@framework

- photography.co m