Flour City Photography llc

43 Nettlecreek Rd Fairport, NY 14450 585

-730

-0454 William.davidosn@flourcity photo.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; 14 CFR 61.113(a) and (b); 14CFR 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 ofthe 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 ofits 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 ofModel 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) ofthe Reform Act.Flour City Photography llc is requesting exemption from the following regulations:

14 CFR Part 21, Subpart H 14CFR 61.23 (a) 14 CFR 61.113 (a) and (b) 14 CFR91.109 14 CFR 91.121 14CFR 91.151 (a) 14CFR 91.405 (a) 14 CFR 91.407 (a)(l) 14 CFR 91.409 (a)(l) 14CFR 91.409 (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 ofthe 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 ontransforming 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 control system that provides incredible

ease ofuse 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 its four 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 ofany 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

an FAA 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 operatoriv. 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 ofany 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 procedures outlined in AMA Document #560 11. The flying area must be clear ofall utility wire or poles and an SUAV will not be flown closer than 50 feet to any above

-ground electric utility lines12. 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 SUAS operations 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 SUAS loses communications or loses its GS signal, the SUAS will 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 ofunpredicted 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 ifit is impossible 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 anairport, the airport operator will be notified before the operation

commences
The operation of SUASs weighing less than 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 ofthe AMA National Model Aircraft Safety Code.
**Preflight Action Plan** 

The PIC will follow a comprehensive pre

-flight checklist to ensure that the SUAS is in 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 is secure (not cracked/broken/loose.) 8. Verify that the compass and compass cable are firmly attached to the landing gear. 9. Verify thatthe Micro

-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 full charge. 6. Verify that both the PIC's and the Phantom 3’s location is the

same before takeoffto 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 the same 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, flat face 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.

**Pilot In**  **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 is ready 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 all flight maneuvers in the Phantom 3 User Manual (http://download.dji

innovations.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 ofthe 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 ofthe 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**  14CFR 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 ofthe 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 sodiminished from the level ofrisk 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 ofthe 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 CFR 91.121
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of thedeparture 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**  **for Flight**  **in VFR**  **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 45 minutes."

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 is reasonable.

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**  14 CFR 91.405(a); 14CFR 91.407(a)(l); 14 CFR 91.409(a) (l); 14 CFR 91.409 (a)(2); 14CFR 91.417(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 oftime. 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 suitedto 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; 14CFR 61.113(a) and (b); 14 CFR 91.109; 14CFR 91.121; 14 CFR 91.151; (a); 14CFR 91.405(a); 14CFR 91.407(a) (1); 14CFR 91.409(a)(1); 14CFR 91.409(a) (2); 14CFR 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 ofthe 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 ofthe SUAS and the restricted areas in 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 ofthe criteria provided in Section 333 ofthe 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