Flour City Photography llc

43 Nettlecreek Rd

Fairport, NY 14450

585-730-0454

William.davidosn@flourcityphoto.com

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Re: Request for exemption under Section 333 from CFR Part 21,Subpart H; 14CFR

61.113(a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR

91.405(a);14CFR91.407(a)(1);14CFR91.409(a)(1);14CFR91.409(a)(2);14CFR

91.417(a) and (b)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(the Reform Act) and 14 CFR Part 11, Flour City Photography llc hereby applies for

an exemption from the listed Federal Aviation Regulations (FARs) to allow

commercial use of its Small Unmanned Aircraft Systems (SUASs), so long as such

operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA as required by Section 333.

An exemption is being requested because (1) existing regulations will burden Flour 

City Photography llc, (2) Flour City Photography llc can provide a level of safety 

that is equal to or greater than those provided by existing rules, and (3) the request 

is in the public interest. The FAA's authority to issue exemptions from operating 

rules, and the Secretary's authority granted by Section 333 of P.L. 112-95, Special

Rules

for Certain Unmanned Aircraft Systems, provide an opportunity to authorize certain

SUAS operations in the National Airspace System (NAS) prior to implementation of

the SAUS rule. This incremental step will allow Flour City Photography llc to safely

and legally enter into the NAS.

As described in detail below, the requested exemption would permit Flour City 

Photography llc to operate SUASs under controlled conditions in airspace that is (1)

limited, (2) predetermined, (3) controlled as to access, and (4) would provide safety 

enhancements to the already safe operations of those aircraft of similar size, weight,

speed, and operating capability that have been granted entry in the NAS via the

rules in Academy of Model Aeronautics (AMA) National Aircraft Safety Code.

Approval of this exemption would thereby greatly enhance safety and fulfill the

Secretary of Transportation's (the Secretary) responsibilities to "...establish

requirements for the safe operation of such aircraft systems in the national airspace

system" per Section 333 (c) of the Reform Act.
Flour City Photography llc is requesting exemption from the following regulations:

14 CFR Part 21, Subpart H

14CFR61.23(a)

14 CFR 61.113 (a) and(b)

14 CFR91.109

14 CFR91.121

14CFR91.151(a)

14CFR91.405(a)

14 CFR 91.407(a)(l)

14 CFR 91.409 (a)(l)

14CFR91.409(a)(2)

14 CFR 91.417 (a) and (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333 (a) through (c) of the Reform Act. This law directs to the Secretary to

consider whether certain unmanned aircraft systems may operate safely in the NAS

before completion of the rulemaking required under Section 332 of the Reform Act.

In making this determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS, to the public, or pose a threat to

national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an

unmanned aircraft system, as a result of its size, weight, speed, operating capability,

proximity to airports and populated areas, and operation within visual line of sight

(VLOS) does not create a hazard to users of the NAS or the public or pose a threat to

national security, and (2) whether a certificate of waiver, certificate of

authorization, or airworthiness certification under 49 USC 44704 is required for the

operation of civil (non-governmental) UASs. Therefore, if the Secretary determines

that such vehicles "may operate safely in the national airspace system, the Secretary

shall establish requirements for the safe operation of such aircraft in the national

airspace system". (Flour City Photography llc has interpreted this provision to place

the duty on the Secretary to not only process applications for exemptions under

Section 333 of the Reform Act, but for the Secretary to craft conditions for safe

operations of SUAS. if it should be determined that the conditions set forth herein do 

not fulfill the statutory requirements for approval.

Corporate Overview

Flour City Photography llc' SUASs are quadcopters, weighing 5 lbs. or fewer 

(including payload.) The SUASs have the capability to hover and move in the vertical

and horizontal planes simultaneously. They will operate only in visual line of sight

(VLOS) and will operate only in controlled and limited airspace. They are capable of

operating at speeds of up to 43 knots, but will routinely be operated at much lower

speeds. They will routinely be operated below 200 feet above ground level (AGL,)

and never above 400 feetAGL.
Flour City Photography llc' exemption request would permit its commercial

operation of SUASs for aerial photography and videography in tightly controlled and 

limited airspace. Aerial photography and videography services will be offered to

private events, commercial and personal realtors, home builders, golf courses, home

contractors, advertising agencies, privately and publicly held companies, and/or

home inspectors for use in, but not limited to, real estate marketing, saferinspections

of homes, and general advertising and marketing purposes. Operations will always 

be conducted in areas that are free and clear of all people, except the pilot in 

command (PIC) and the PIC's assistant(s). Such operations will ensure that SUAS 

will "not create a hazard to users of the national airspace system or the

public." (taken from Reform Act Section 333 (b))

Aircraft

Flour City Photography llc operates Phantom 3 (www.dji.com/product/phantom-3/) 

SUASs manufactured by DJI, awell-known leader in quadcopter technology. DJI

strives to bring new perspectives to aerial work and help companies accomplish

feats safer, faster, and with greater efficiency. They have an unparalleled

commitment to R&D, a culture of constant innovation, and a focus on transforming

complex technology into easy-to-use devices.

The standard Phantom 3 quadcopter package includes the Phantom 3 itself, camera,

gimbal, propulsion system, flight control system, 2.4 GHz remote controller, and 2.4

GHz ISM communication system. The remote uses a 2.4 GHz frequency to prevent

interference with the video/telemetry channel. This second channel allows for a

constant connection with the Phantom 3 to monitor it via a smartphone/tablet that

isattached to the remote controller.

The Phantom 3is about 11.4 inches x 11.4 inches x 7.25 inches in size. It has a

maximum ascent speed of 16.4 feet per second, a maximum descent speed of 13.1

feet per second, and a maximum flight speed of 31 knots. While operating within 

VLOS, the remote control has a range of approximately 2,600 feet. The total weight 

(including payload) is 2.8 lbs. (www.dji.com/product/phantom-3/).

The Phantom 3 is equipped with a flight controlsystem that provides incredible

ease of use and stability. Pilots can control the Phantom 3’s movements in many

directions

-including pitch (forward and backward), roll (left and right), elevator (up and

down), and yaw (turn left and right). The flight control system can also provide

intelligent orientation control, failsafe, battery level monitoring (and warnings), and

show the aircraft's current heading, direction, and approximate distance from home

on the on-screen radar. The built-in GPS system aids in stabilizing the aircraft and

automatically and safely returns is back to its home point in any case where

communication between the remote control and quadcopter are lost.
The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric

altimeter that measure both attitude (ATTI) and altitude. The IMU incorporates both

a 6-axis gyroscope and an accelerometer to monitor minuscule changes in tilt and

movement. This allows the aircraft to compensate and adjust immediately, holding

its position at all times.

The Phantom 3’s compass reads geomagnetic information and assists the GPS to

accurately calculate the position and height of the aircraft. The Phantom 3 also has a

built-in Visual Positioning System (VPS) that allows takeoff and landing at the press

of a button and keeps the Phantom 3steady when GPS satellites cannot be required.

The system combines visual data and sonar waves in a single unit, detecting both

variance in patterns on the ground and current altitude. Information from the VPS is

processed by a dedicated CPU chip that taken in feedback and outputs data in real

time, and is intelligent enough to distinguish between objects and ground patterns.

The data is given to the Phantom 3's flight controller, which in turns continues with

the entire aircraft.

The Phantom 3 has LED flight indicators beneath each of itsfour rotor arms. The

LEDs on the arms as well as one on the battery illuminate to indicate the status of

theflight control system and alert the PIC of any possible issues. Such highly 

advanced capabilities will ensure that the SUASs can be safely operated and "not 

create a hazard to users of the national space system or the public." (taken from the

Reform Act Section 333 (b))

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient

aerospace system in the world and to minimize the risk to the NAS or to persons and

property on the ground, Flour City Photography llc agrees to be bound by the

following limitations and conditions when conducting commercial operations under

anFAA issued exemption:

A For the purposes of ensuring SUASs will be operated within the standards

that the FAA has allowed in the AMA National Model Aircraft Safety Code:

1. SUASs will not be flown:

i. In a careless or reckless manner

ii. At a location where SUAS activities are prohibited

2. SUAS pilots will:

i. Yield the right of way to all human-carrying aircraft

ii. See and avoid all aircraft and a spotter must be used when

appropriate

iii. Not fly higher than 400 feet AGL or within three (3) miles of an 

airport without notifying the airport operator
iv. Not interfere with operations and traffic patterns at any

airport, heliport, or seaplane base except where there is a

mixed use agreement

v. Not exceed a takeoff weight of 55 pounds (including payload)

vi. Ensure the aircraft is identified by affixing the owner's contact

information to the outside of the SUAS

vii. Not operate SUAS while under the influence of alcohol of while

using any drug that could affect the PIC's ability to safely

control the model

viii. Not operate SUASs carrying pyrotechnic devices that explode

or burn, or any device which propels a projectile or drops any 

object that creates a hazard to persons or property

3. SUASs will not be flown unless:

i. The aircraft, control system, and pilot skills have successfully

demonstrated all maneuvers intended or anticipated prior to

the specific event

ii. An inexperienced pilot is assisted by an experienced pilot

4. All pilots shall avoid flying directly over unprotected people, vessels,

vehicles or structures and shall avoid endangerment of life and property

of others

5. A successful radio equipment ground-range check in accordance with

manufacturer's recommendations will be completed before the first flight

of a new or repaired model aircraft

6. SUASs must use the radio-control frequencies currently allowed by the

Federal Communications Commission (FCC)

7. SUASs will not knowingly operate within three (3) miles of any existing

pre-existing flying site without a frequency-management agreement

8. Excluding takeoff and landing, no SUASs may be flown closer than 25 feet

to any individual, except for PIC and the PIC's assistant(s) located at the

takeoff site

9. Under no circumstances may a pilot or other person touch a SUAS in

flight while it is still under power, except to divert it from striking an 

individual

10.The PIC of the SUAS shall:

i. Maintain control during the entire flight, maintaining visual

contact without enhancement other than by corrective lenses

prescribed for the pilot

ii. Fly using the assistance of a camera or First-Person (FPV) only

in accordance with the procedures outlined in AMA Document

#550

iii. Fly using the assistance of autopilot or stabilization system

only in accordance with the proced ures outlined in AMA

Document #560

11.The flying area must be clear of all utility wire or poles and an SUAV will

not be flown closer than 50 feet to any above-ground electric utility lines
12.The flying area must be clear before the engine is started, except forPIC

and the PIC assistant(s)

B. In addition to the above rules outlined by the AMA National Model Aircraft

Safety Code and in an effort to enhance the safety offered by the already safe

operations mentioned above, Flour City Photography llc also agrees to be

bound by the following limitations and conditions:

1. Flights will be operated within VLOS of the PIC

2. Maximum total flight time for each operational flight will be 20 minutes. 

Flights will be terminated at 25% battery power reserve should that

occur prior to the 20 minute limit

3. The SUAS will only operate in tightly controlled and limited airspace

4. A briefing will be conducted in regard to the planned SUASoperations

prior to each flight. It will be mandatory that all personnel who will be

performing duties within the boundaries of the safety perimeter be

present for this briefing

5. The PIC and PIC's assistant(s) will at all times be able to communicate by

voice

6. Ifthe SUASloses communications orlosesits GS signal,the SUASwill

have the capability to return to a pre-determined location within the

security perimeter and safely land

7. The SUAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies

8. All flights will be conducted with the written and/or oral permission of

the owner/overseer of the property on which the flight is conducted

9. The PIC and the PIC's assistant(s) will have been trained in operation of

SUAS and received up-to-date information on the particular SUAS to be

operated

10.Flights will always be conducted in areas that are clear of all people,

except for the PIC and the PIC's assistant(s)

11.Flights will not be conducted outdoors in visual meteorological

conditions (VMC) and never during severe weather conditions

12.Flights will not occur in weather conditions that prevent the PIC from

operating within visual line of sight at all times or in weather conditions 

that dramatically affect the SUAS's light (e.g. high winds)

13.Ifan operation occurs in an area where people could inadvertently enter

the area, an operational border will be established with traffic cones. Ifit

is not feasible to use traffic cones due to interference with the

photography/videography, the PIC's assistant(s) will be responsible for

keeping a safe perimeter around the operation.The operation will cease

immediately and be rescheduled if it isimpossible to establish a safe

perimeter around the operation

14.The PIC will be responsible for logging all flights to ensure the

comprehensive preventative maintenance plan can be followed, as

prescribed in the "Preventative Maintenance" section below

15.The SUAS will not be routinely operated in the proximity of any airports.

In any cases where SUAS must be operated within three (3) miles of an
airport, the airport operator will be notified before the operation

commences

The operation of SUASs weighing lessthan 7 lbs., conducted in the strict conditions

as outlined above, will provide an equivalent level of safety supporting the grant of

exemptions requested herein, including exempting the applicant from the

requirements of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a

tightly controlled environment. As a result, they offer a much safer way to capture

aerial photography and videography. Furthermore, the proposed operations

represent a safety enhancement to the already safe operations that have been 

granted by the FAA forthe establishment of the AMA National Model Aircraft Safety

Code.

Preflight Action Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS isin

a condition for safe flight. This plan will be improved as needed in order to ensure

all known safety precautions an/or safety precautions suggested by the

manufacturer are being accounted for.

A Pre-flight Inspection

1. Check that the remote control, Phantom 3battery, range

extender, and smartphone/tablet are all fully charged.

2. Verify that the Phantom 3battery is not swollen or damaged in

any way. Clean the contact needles and pads if necessary.

3. Turn the motor shafts with your fingers and verify they are

smooth without excessive play or binding.

4. Verify that the propellers are mounted correctly. Each propeller

should spin all the way down onto the motor shaft and safety clips

installed after the propeller.

5. Run finger along the edge of the propeller blade to check for any

rough edges.

6. Flex both sides of the propellers' blades to check for hairline 

cracks where the blades connect in the center of the propeller.

7. Verify that the landing gear issecure (not cracked/broken/loose.)

8. Verify that the compass and compass cable are firmly attached to

the landing gear.

9. Verify thattheMicro-SD card has been inserted and formatted.

10.Verify that the damping absorbers are not broken and/or worn.

11.Verify that the anti-drop pins are in place and locked.

12.Remove the gimbal guard and camera lens cap.

13.Verify that the camera is secure and clean. Inspect the camera

ribbon cables for tears and/or signs of wear.

14.Verify that the smartphone/tablet's GPS is enabled.
15.Set the smartphone/tablet to do-not-disturb mode to prevent

distractions while flying.

16.Set the smartphone/tablet to forget any Wi-Fi networks in range 

in order to prevent the Wi-Fi connections from changing midflight.

17.Verify that the smartphone/tablet's audio is on to ensure the low

battery warning and other alarms can be heard.

B. Power Up

1. Verify that Sl and S2 are in the center position on the remote

control.

2. Power on the equipment.

i. SUAS battery (blinking green indicates GPS lock and ready

to fly.)

ii. Remote control (solid green and chime indicate lock on

SUAS and ready to fly.)

3. Check the DJI Pilot app to ensure lock on 6+ sattelites and home

point is marked (for use by the failsafe feature.)

4. Calibrate the compass.

5. Place the Phantom 3on open, flat ground with the battery

indicators facing toward the PIC at least 10 feet away.

C. DJI Pilot App

1. Connect the smartphone/tablet to the remote via USB

2. Launch the app.

3. Verify the number of satellites is 6+.

4. Verify signal strength.

5. Verify that the smartphone/tablet battery has a fullcharge.

6. Verify that both the PIC's and the Phantom 3’slocation isthe

same before takeoff to ensure the home point has been

accurately marked.

7. Verify the location of the Phantom 3in the "flight radar." If it is not

in the correct position/ direction and/or shows a distance of "N/A,"

it did not mark the home point.

8. Use the "find my Phantom" feature to ensure the blue (home

point location) and the red (Phantom 3location) dots are in 

thesame location on the screen.

D. Ready to Fly

1. Verify that the remote antenna is perpendicular to the ground

(pointing skyward.)

2. Verify that the front,flatface ofthe range extender is pointed

toward the Phantom 3.

3. Verify that the rear LEDs are slowly blinking green and still

connected to 6+ satellites.

4. Start the Phantom 3’s motors using the remote control.

5. Verify the motors are functioning normally, and are not making

any unusual noises, and are all spinning at the same speed.
6. Verify that the area is clear of obstructions, people, power lines,

etc.

7. Take off and hover at about 6-8 feet above the takeoff point to

verify that the Phantom 3 has a solid GPS lock. Ifany

abnormalities are noticed (drifting, flying in circles, etc) land 

immediately and repeat the "Pre-flight Inspection" and "Power 

Up" sequences.

8. Verify the Phantom 3holds a steady position while yawing

360 degrees.

9. Verify the Phantom 3responds appropriately to all controls -

yaw left/right, pitch forward/backwa rd, and throttle up/down.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to ensure

the SUAS's software is up-to-date, the batteries are in good health, and the aircraft

itself is always ready for safe flight.

PilotIn Command (PIC) Qualifications

The PIC does not hold an airman certificate or medical certification. Since the SUAS

is similar in size, weight, speed, and operating capability as those currently allowed

to be flown for hobby/recreation, holding the PIC to those same set of standards will

allow for an equivalent level ofsafety.

The PIC has years of electronics and computer systems experience. Since the SUAS is

controlled by a highly advanced computer system and runs on software that must

be configured, updated, and maintained, computer proficiency is a must to ensure

the SUAS isready to be safely operated in the NAS.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or

fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial

vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approved

and determined airspace. Since there are no standards for either private or 

commercial SUAS pilot certificated, knowledge of airspace regulations and dexterity

in the control and operations of the SUAS acquired from actual operation of the

aircraft will be the most important factors in establishing level of safety. With that in

mind, Flour City Photography llc proposes that its PIC be required to do the

following prior to the first commercial operation:

1. Perform 20 flights or log 20 hours of flight time (the greater of the two)

with the Phantom 3

2. Successfully learn and demonstrate allflight maneuvers in the Phantom 

3 User Manual (http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man

ual_v1.4_en.pdf)

3. Study and be familiar with all sections of the Phantom 3User Manual

Public Interest
Granting this exemption would benefit the public as a whole. SUASs offer a strong

equivalent level of safety, a reduction in environmental impacts, and are free from

the harmful emissions associated with the manned aircraft that are currently used

for commercial aerial photography and videography. Due to the size of the SUAS and

the tightly controlled and limited airspace in which the SUAS would operate,

approval of this application presents no risk to the public.

Privacy

Since the areas being photographed or filmed will be only upon receipt of written

and/or oral consent by the property owner or overseer and clear of all people,

except for the PIC and the PIC's assistant(s), approval of this application presents no

risk to public privacy.

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which

the SUAS will operate, approval of this application presents no risk to national

security.

Requested Exemptions

Flour City Photography llc requests exemption from the following regulations since

it is not possible to fully comply with them, and since attempting to follow them for

the purposes of operating SUAS would be aburden:

Airworthiness Certificate

14 CFR Part 21, Subpart H

Subpart H establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR 91.203(a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by Flour City 

Photography llc, an exemption from Part 21 Subpart H meets the requirements of

an equivalent level of safety under Part 11and Section 333 of the Reform Act.

The Federal Aviation Act (49 USC 44701(f)) and Section 333 of the Reform Act

both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness

certificate, upon consideration of the weight, size, speed, operational capability, and

proximity to airports and populated areas of the particular SUAS. In all cases, an 

analysis of these criteria demonstrated that the SUAS operated without an

airworthiness certificate, in the restricted environment and under the conditions

proposed, will be at least safe, or safer, than a conventional aircraft operating with

an airworthiness certificate without the restrictions and conditions proposed.

Medical Certificates

14 CFR 61.23(a)

This regulation requires pilots of manned aircraft to hold a medical

certificate. Since risks associated with the operation of the proposed SUAS as so
diminished from the level of risk associated with any manned aircraft; the SUAS is of

a size, weight, speed, and operational capabilities which make it much safer than

any manned aircraft; since operations will occur in tightly controlled and limited

airspace; and considering that all operations will be on approved property that is 

clear of people, obtaining and maintaining a medical certificate would not improve

the safety of the operation. In the very rare case of mishap, the USAS being flown

will pose significantly less of a threat then manned helicopters and fixed wing 

aircraft because the SUAS are a fraction of the size and weight and will be flown at a

fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

Private pilot privileges and limitations: Pilot In Command

14 CFR 61.113(a) and (b)

These regulations limit private pilots to non-commercial operations. Because

the SUAS will not carry a pilot or passengers; dues to the SUAS's size, weight, speed, 

and operational capabilities; and since operations will occur in tightly controlled

and limited airspace, the proposed operations can achieve the equivalent level of

safety of current operations that require a commercial pilot's license. Furthermore,

since there are no standards for either private or commercial SUAS pilot certificates,

knowledge of airspace regulations and dexterity in the control and operation of the

SUAS acquired form actual operation of the aircraft will be the most important

factors in establishing an equivalent level of safety. It cannot be assumed that a

commercial pilot, approved to operate a manned helicopter or fixed wing aircraft,

has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 

feet AGL or lower, within strictly controlled and pre-approved airspace.

Flight Instruction

14 CFR 91.109

This regulation provides that no person may operate a civil aircraft (except a

manned free balloon) that is being used for flight instruction unless that aircraft has 

fully functioning dual controls.

SUAS and remotely piloted aircraft, by their design do not have fully

functional dual controls. Flight control id accomplished through the use of a control

box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a

number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety will be provided by the fact that neither a pilot nor passengers will be

carried in the aircraft and by the size and speed of the aircraft.

Altimeter Settings

14 CFR91.121

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set "...to the elevation of the
departure airport or an appropriate altimeter setting available before departure." As

the SUAS may not have a barometric altimeter, but instead a GPS altitude readout,

an exemption may be needed. An equivalent level of safety will be achieved by the

operator confirming the altitude of the launch site shown in the GPS altitude

indicator before flight.

Fuel Requirements forFlight inVFR Conditions

14CFR91.151(a)

This regulation prohibits an individual from beginning "a flight in an airplane

under VFR conditions unless (considering wind and forecast weather conditions)

there is enough fuel to fly to the first point of intended landing, and, assuming

normal cruising speed -(1) During the day, to fly after that for at least 30 minutes;

or (2) At night, to fly after that for at least 45minutes."

The battery powering the SUAS provides approximately 20 minutes of

powered flight. That makes it impossible to meet the 30-minute reserve

requirement. Given the limitations on the SUAS's proposed flight area and the

location of its proposed operations within a predetermined area, a longer time

frame for flight in daylight or night VFR conditions isreasonable.

An equivalent level of safety can be achieved by limiting flight to 20 minutes 

or 25% of battery (whichever occurs first). This restriction would be more than

adequate to return the SUAS to its planned landing zone from anywhere in its

limited operating area.

Maintenance Inspections

14CFR91.405(a); 14CFR91.407(a)(l); 14CFR91.409(a)(l); 14CFR91.409

(a)(2);14CFR91.417(a) and (b)

These regulations require that an aircraft operator or owner "shall have the

aircraft inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter...," and others shall inspect or

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an

airworthiness certificate, these sections will not apply. Maintenance will be 

accomplished by the operator pursuant to the aforementioned Phantom 3user 

manual. An equivalent level of safety will be achieved because these small SUAS are

very limited in size, will carry a small payload, and operate only in restricted areas

for limited periods of time. Ifmechanical issues arise, the SUAS will be operating

from no higher than 400 feet AGL and can land immediately. As outlined in the

aforementioned Pre-flight action plan, the operator will ensure that the SUAS is in

working order prior to initiating flight and perform maintenance as required.

Moreover, the operator is the person most familiar with the aircraft and best suited
to maintain the aircraft in an airworthy condition to provide the equivalent level of

safety.

In accordance with 14 CFR Part 11, the following summary is provided for

publication in the Federal Register:

The applicant seeks and exemption from the following rules: CFR Part 21,

Subpart H; 14 CFR 61.113(a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR

91.151;(a); 14CFR91.405(a); 14CFR91.407(a)(1);14CFR91.409(a)(1);14CFR

91.409(a) (2); 14 CFR 91.417(a) and (b) to commercially operate small unmanned 

aircraft systems (SS lbs. or less) in order to safely and legally capture aerial 

photography and videography for use by commercial and personal realtors, home 

builders, golf courses, home contractors, advertising agencies, privately and

publicly held companies, and/or home inspectors.

The operation of SUAS conducted in the strict conditions outlined above will

provide an equivalent and/or greater level of safety supporting the grant of the

exemptions requested herein, including exempting the applicant from the

requirements of Part 21 and allowing commercial operations. These lightweight

aircraft operate at slow speeds, close to the ground, and in a sterile environment,

and as a result, are far safer than existing operations conducted with helicopters in

close proximity to the ground, people, or other buildings in the vicinity.

Given the small size of the SUAS involved, the slow speed at which they must be

operated in order to capture photos and videos, and the restricted environment 

within which they will operate, the Phantom 3demonstrates that it can be operated

within an equivalent level of safety in which Congress envisioned that the FAA

must, by exemption, allow commercial operations of SUAS to commence

immediately.

Also, due to the size of the SUAS and the restricted areasin which the relevant SUAS

will operate, approval of this application presents no threat to national security.

Given the clear direction in Section 333 of the Reform Act, the authority contained in

the Federal Aviation Act, the strong equivalent level of safety surrounding the

proposed operations, the significant public benefit - including enhanced safety,

reduction in environmental impacts, no emissions, ability to legally obtain aerial

photography and videography services - the grant of the requested exemptions is in

the public interest. Accordingly, Flour City Photography llc respectfully requests that

the FAA grant the requested exemption without delay.

Satisfaction of the criteria provided in Section 333 of the Reform Act -size, weight,

speed, operating capability, proximity to airports and populated areas, operation

within the visual line of sight, public safety, and national security - providing more

than adequate justification to grant Flour City Photography llc the requested

exemption, allowing for commercial operations as described herewith.

Sincerely,

William Davidson, Flour City Photography llc