Ohio Aerial Imaging

David S. Fadorsen

2237 Dessecker Drive NE Dover, Ohio 44622

Phone: 330.432.6758 Email: DaveFadorsen@Gmail.com

August 16, 2015

U.S. Department of Transpor tation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

RE: Ohio Aerial Imaging Submi ssion of Request for Authorizati on to Conduct Unmanned Aircraft Systems Operations Allowed by Section 333 of the FAA M odernization and Reform Act of 2012 Through the Exemption Process Identified Under 14 C.F.R . § 11.81

Dear Sir/Madam,

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (The Reform Act), Ohio Aerial Imaging ("Petitione r"), hereby applies for an exemp tion from the Federal Aviation Regulations (FARs) to allow comme rcial operation of an unmanned aerial system (UAS) for aerial photography and videography, adver tising and marketing campaign s, closed-set motion picture and filming, conducting inspections, search & rescue and other data collection within the United States National Airspace Syste m (NAS) so long as operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. This request is separate from any Cer tificate of Authorization/Waive r (COA) requested.

Section 333 of The Reform Act allows the Secretary of Transport ation to determine if certain UAS may operate safely in the nati onal airspace based on, "their si ze, weight, speed, operational capability, proximity to airports and populated areas, and oper ation within visual line of sight as to not create a hazard to users of the national airspace system or the public, and not pose a threat to national security Pursuant to 14 C.F.R. § 11.81, contained w ithin is detailed information on why the approval of the request is in the best interests of the pub lic and how the approval will provide a level of safety at least equa l to that provided by the rule f rom which exemption is sought.

Thank you for your time and consideration.

David S. Fadorsen Ohio Aerial Imaging Applicant Contact Information: Ohio Aerial Imaging

Attn: David S. Fadorsen

2237 Dessecker Drive NE Dover, Ohio 44622

330.432.6758 DaveFadorsen@Gmail.com

### Table of Contents

I. Company Background

II. Training and Operations

III. Regulations - Exemptions Requested a. 14 CFR Part 21 Subpart H; 14 C FR § 91.203 (a) (l): Airworthi ness Certificates b. 14 CFR § 61.113 (a) and (b) and§ 61.133( a)(1)(ii): Private a nd Commercial Pilot Privileges and Limitations c. 14 CFR § 91.7(a): Civil Aircraft Worthiness d. 14 CFR § 91.9 (b) (2): Civil Aircraft Flight Manual e. 14 CFR § 91.109: Flight instruction f. 14 CFR § 91.119: Minim um Safe Altitudes g. 14 CFR § 91.121: Altimeter Settings h. 14 CFR § 91.151 (a): Fuel Requireme nts for Flight in VFR Con ditions i. 14 CFR § 91.405(a), § 91.407(a)(1 ), § 91.409(a)(2) and § 91 .417(a) and (b):

Maintenance Inspections

IV. Public Interest and Safety

V. Federal Register Summary

APPENDIX A Operations Manuals and UAS Specification Links

APPENDIX B

Protocols and ControlsI. Company Background

Petitioner will provided commercial photography and videography for advertising, corporate publications, catalogs, annual repo rts, closed-set motion pictu re and filming, surveying, potential search and rescue, websites and o ther data collection services. Petitioner continually seeks to bring new technology, techniques, an d creative methods to clien ts in order to maximize the effectiveness of various campa igns. In order to continue to pro vide customers with services they need, Petitioner seeks regulator y exemptions that will allow Pe titioner to employ UAS technology in the photography, vide ography and other data colle ction processes.

II. Training and Operations

The Aircrafts:

1. DJI Phantom 2 Vision Plus

2. DJI Phantom 3

3. DJI Inspire 1

Designs/Performance/Specifications:

1. DJI Phantom 2 Vision Plus

a. See Link: http://download.djiinnovations.com/downloads/phant om_2_vision_plus/en /Phantom_2_Vi sion_Plus _User_Manual_v1.8_en.pdf

2. DJI Phantom 3

a. See Link: http://download.djiinnovations.com/downloads/phant om_3/en/Phantom_3_Professional_U ser_Manu al_v1.2_en.pdf

3. DJI Inspire 1

a. See Link: http://download.djiinnovations.com/downloads/inspir e_1/en/Inspire_1_User_Manual_v1 .4_en.pdf

Aircraft Registration:

The UAS will be identified by ser ial number and registered in a ccordance with 14 C.F.R. § 47, and have an identification mar kings in accordance with 14 C.F.R. § 45 Subpart C. These markings will be made as l arge as is practicable on the U AS in accordance with 14 C.F. R. § 5.29 (f).

Maintenance Standards:

Pilot in charge (PIC) must determine whether UAS is in conditio n for safe flight. Pre and post flight inspections will be routinely conducted.Maintenance will be performed in accordance with the manufactur er's guidelines. All inspections and maintenance will be documented in house. After maintenance, technician will verify the UAS i s ready for flight.

PIC Training:

PIC will: Have a private pilot license;

Have a third-class airma n medical certificate; Meet the minimum flight hour requirements required by the FAA i n Exemption No. 11062 {Astraeus) and in a manner consistent with 14 C.F.R. § 61.51 (b)

Visual Observer:

Must maintain sight of UAS at all times. Does not require medical certification.

Operations Execution

Given the fact that commercia l UAS operations are restricted du e to the lack of regulations, a logical and safe solution is to ut ilize the parameters of model aircraft operation outlined in

Section 336 of PL 112-95 as well as other guidelines found with in 14 C.F.R.

The following list provides speci fic rules and gu idelines all P etitioner UAS operations will

adhere to in order to ensure at least an equivalent or higher l evel of safety when compared to manned aircraft performing the same functions as outlined in 14 C.F.R .:

I) All flight crews will: a. Be comprised of a minimum of 2 members. One for piloting, on e for visual

observation. b. Perform pre-flight operations t o ensure the safety of the fl ight in accordance with C.F.R. § 91.103 (b) {I) and (2), ex cepting the Aircraft and Rot orcraft Manual requirements of the regulation, i ncluding reviews as outlined i n APPENDIX B –

Protocols and Controls

III. Regulations- Exemption Requested

Pursuant to 14 CFR § 11.81(b) and (e ), Petitioner seeks exempti ons from the below mentioned regulations and provides reasons as to why the exemptions shoul d be approved based on the level of safety at l east equal to what th e rule requires.

a. 14 C.F.R. § 21 Subpart H; 14 C.F.R. § 91.203 (a) (1): Airworthi ness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certi ficates as required by 14 C.F. R . § 91.203 (a) (l).An exemption from 14 C.F.R. § 21 s ubpart H meets the requiremen ts of an equivalent level of safety under § 11 and§ 333 of The Reform Act considering the UA S's “size, weight, speed, operational capability and proximity to airports and populated areas ..."

The UAS’s are small and do not fly in excess of 50 knots, and m aximum flight times measured in minutes. They do not carry pa ssenger, pilot, or flammable or explosive materials, liquids, or fuels. As stated in the Operat ions Execution section above, the UAS will operate in compliance with the model aircraft operation parameters and will be progra mmed before each flight to only the areas necessary for Petitione r's specific job. Further, the UAS’s are able to respond to a loss of GPS, controller communicati on, or battery power with a pre-c oordinated, predictable, automated flight maneuver known as fail safe mode. These safety features provide an equivalent level of safety compared to a ma nned aircraft holding a restric ted airworthine ss certificate performing a similar operation.

b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133 (a)(1)(ii) - Priv ate and Commercial Pilot Privileges and Limitations

14 C.F .R. § 61.1 13 (a) and (b) sta tes that, "(a) ... no perso n who hold s a private pilot certificate may act as a pilot in command of an aircraft that is carrying p assengers or property for compensation or hire; nor may tha t person, for compensation or hire, act as a p ilot in command of an aircraft (b) A private pi lot may, for compensation or hir e, act as a pilot in command of an aircraft in connection with any bus iness or employment if: (1) The flight is only i ncidental to that business or employment (2) The aircraft does not carry passenge rs or property for compensation

or hire."

14 C.F.R. § 61.133 (a) (1) state s, “... A person who hold s a com mercial pilot certificate may act as a pilot in command of an aircraf t... (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.”

§ 61.113 (a) and (b) limits private pilots to non-commercial op erations. But, because the UAS will not be carrying a pilot or pa ssengers, will operate in the NAS over property which they have been granted permission by the prop erty owner/controller, and t he airmanship skills necessary to operate a UAS are not as extens ive as those necessary to operat e a commercial airliner, an equivalent level of safety ca n be achieved by req uiring the pil ot operating the UAS to have a private pilot's license and a t hird-class airman medical certif icate. Further, the area of operation

of the UAS will be controlled and restricted and all flights ar e planned and coordinated in advance using the UAS's pre-pr ogrammed flight limits. Unlike a conventional commercial aircraft with pilot and passengers, a UAS operated by a private pilot exceeds the level of safety provided in § 61.113 and§ 61.133.

Petitioner requests th e same relief as was granted in Exemption No. 11172 (Blue-Chip) and Exemption No. 11062 (Astraeus).c. 14 C.F.R. § 91.7(a)

- Civil Aircraft Worthiness

This regulation states that, “ no person may operate a civil air craft unless it is in an airworthy

condition."

As there will be no airworthiness certificate issu ed for the ai rcraft, should this exemption be granted, no FAA regulatory standard will exist to determine air worthiness. Given the size of the

aircraft and Petitioner's mainte nance standards, an equivalent level of safety will be provided.

d. 14 C.F.R. § 91.9 (b)(2) - Civil Ai rcraft Flight Manual in th e Aircraft

This section provides, "No pers on may operate a U.S. registered civil aircraft- ... (2) For which an Airplane or Rotor craft Flight Manua l is not required by § 21 .5 of this chapter, unless there is

available in the aircraft a cu rrent approved Airplane or Rotorc raft Flight Manual , approved manual material , markings, and pl acards or any combination the reof."

The UAS’s, given their size and shape has no ability to place o r carry such a flight manual on the aircraft. An equivalent level of safety will be maintained by k eeping the flight manual at the ground control point where the pilot flying the UAS will have i mmediate access to it.

e. 14 C.F.R. § 91.109 - Flight instruction

This section prohibits operation of a civil aircraft, other tha n a manned free balloon, that is being used for flight instruction unle ss the aircraft has fully funct ioning dual controls.

The majority of UAS and remotel y piloted aircraft by their desi gn do not have fully functional dual controls. Generally, they a re developed with a single oper ational control th rough the use of pre-determined GPS enabled wa ypoints programmed before flight i n addition to the use of a single hand held transmitter or control station controlled by t he pilot. This design does not allow

for dual control s dur ing flight training.

An equivalent level of safety w ill be ensured during training o perations based on the size and speed of the aircraft couple d with the lack of pilots, passenge rs, and flammable liquids and fuels, by utilizing the same flight plan ning process as normal operati ons.

f. 14 C.F.R. § 91.119 - Minimum Safe Altitudes

This section establishes safe a ltitudes for the operation of ci vil aircraft and states, “except when necessary for takeoff or landi ng, no person may operate an airc raft below the following altitudes: ... (c) Over other than conge sted areas. An altitude of 500 fee t above the surface, except over open water or sparsely populated areas. In those cases, the air craft may not be operated closer than 500 feet to any person, vessel , vehicle, or structure.”

Petitioner will achieve an equivalent level of safety because U AS operation will be conducted

below 400 feet in accordance with the model aircraft operation parameters. In open areas, theUAS will not be operated withi n 500 feet of any non-essential p ersons, vehicles, vessels, or structures. The UAS may be ope rated within 500 f eet of essentia l flight personnel when operations are necessary, provided operation s will not cause a n undue hazard to an essential person. In areas which are not ope n areas, the PIC shall make a safety assessment. If barriers or structures are present that ca n sufficiently protect non-essent ial persons from the UAS or debris in the event of an accident, then the UAS may operate closer th an 500 feet to persons afforded such protection, for so long as the persons remain under such p rotection. The operator shall immediately cease operations in a safe manner when such non-ess ential persons leave their protection and the UAS is within 500 feet. Petitioner may condu ct operations closer than 500 feet to vessels, vehicles, and struct ures only when the owner/contro ller of any such vessels, vehicles, or structures grants permissi on for the operation and the PIC m akes a safety assessment of the risk of operating closer to those objects and determines that i t does not present an undue hazard.

g. 14 C.F.R. § 91.121 - Altimeter Settings

This section states , “each person operating an aircraft shall m aintain the cruising altitude or flight level of that aircraft, as th e case may be, by reference to an altimeter that is s et, when operating ..."

The UASs are equipped with GPS which provides altitude and geo- location data, rather than a barometric altimeter. An equivalent level of safety will be ach ieved by utilizing the UAS’s software during flight which allow s the PIC to view real time a ltimeter readings via a Wi-Fi signal to a smart device and by the PIC confirming the altitude of the UAS at launch and in flight. Further, the UAS’s emerg ency procedures commence landin g if contact with the pilot is

broken.

h. 14 C.F.R. § 91.15l (a)

- Fuel Requirements for F light in VFR Conditions

This section states, “No person m ay begin a flight in an airpla ne under VFR conditions unless (considering wind and forecast weather conditions) there is eno ugh fuel to fly to the first point of intended landing and, assuming norma l cruising speed - (1) duri ng the day, to fly for at least 30

minutes...”

This regulation is written base d on the capabilities of traditi onal aircraft which have flight times of several hours or greater. UASs on the other hand, generally only have flight times of 25

minutes or less. In order to ensur e an equivalent level of safe ty, once the UASs reach a power level of no less than 20%, Peti tioner will begin return to home procedures and initiate a landing

sequence.

i. 14 C.F.R. § 91.405(a), § 91.407 (a) (1), § 91.409(a)(2) and § 91.417(a) and (b) Maintenance Inspections

§ 91.405 (a) states, “Each owner or o perator of an aircraft - ( a) shall have that aircraft inspected as prescribed in subpart E of thi s part and shall between requi red inspections, except as provided in paragraph (c) of this secti on, have discrepancies repaired a s prescribed in part 43 of this chapter ... "§ 91.407 (a) (1) states, "No person may operate any aircraft th at has undergone maintenance, preventative maintenance, rebui lding, or alteration unless- (1) it has been approved for return to service by a person authori zed under § 43.7 of thi s chapter..."

§ 91.409 (a) (2) states, "Except as provided in para graph (c) o f this section, no person may operate an aircraft unless, within the preceding 12 calendar mo nths, it has had - ... (2) An inspection for the issuance of air worthiness certificate in acc ordance with part 21 of this chapter. No inspection performed under para graph (b) of this section may be substituted for any inspection required by this paragr aph unless it is performed by a person authorized to perform annual inspections and is entere d as an “annual" inspection in the required maintenance records."

§ 91.41 7 (a) and (b) states, " Excep t for work performed in ac cordance with § 91.411 and 91.413, each registered owner or operator shall keep the follow ing records for the periods specified in paragraph (b) of t his section ... (b) The owner or operator shall re tain the following records for the periods prescribed..."

Given that these sections and pa rt 43 only apply to aircraft wi th an airworthiness certificate,

these sections will no t apply to Petitioner , and therefore an e xemption is required. An equivalent level of safety can be achieve d because the UAS’s are small, ha ve a 25 minute flight time, and will be operated in restricted a nd controlled areas. Once the U ASs reach a power level of no less than 20%, Petitioner will begin return to home procedures and i nitiate landing sequence. Therefore, if mechanical issues do arise, the UAS will land imm ediately within the controlled operating area. Further, an equi valent level of safety is achie ved through Petitioner’s

maintenance standards. Petiti oner will routinely conduct pre an d post flight inspections and maintenance will be performed in accordance with the manufactur er's guidelines. All inspections

and maintenance will be documen ted in house. After maintenance, technician will verify the UAS is ready for flight.

IV. Public Interest and Safety

The Public's best interest is achieved by the safe integration of UAS into the NAS. With the ongoing exemption process, the FAA has to identify those exempt ion requests with the public's best interest in mind and select the companies who will be able to achieve this in a safe and responsible manner in order to pa ve the way for commercial use of UAS. Petitioner is one of these companies.

Petitioner will provide aerial photography and videography util izing UAS in strict operating environments. The use of UAS in this field will benefit the pub lic by encouraging a higher level

of creative work at a lower cost to clients which will allow th ese clients to become more profitable. The increase in prof itability can cre ate a larger c ustomer base for the client, which can therefore increase demand of their products, and ultimately lea d to more jobs, increased wages, and the growth of the overall ec onomy in Petitioner's region.

Further, the use of UAS in this field will benefit the public b y utilizing a safer aircraft for creative purposes. Aerial phot ography and videography has been limited to manned fixed wingaircraft and helicopters. Thes e aircraft can weigh 5000 lbs. or more and are operated by an on board pilot, in addition to other onboard crew members, as nece ssary. In comparison, Petitioner's aircrafts weigh just a few lbs . and the pilot and crew will be remotely located from the aircraft. The limited weight of the aircraf t significantly reduces the po tential for harm to persons or damage to property in the event of an incident or accident whil e the risk to on board pilot and

crew is eliminated.

Further, manned aircraft can carry 100 gallons o r more of fuel and therefore are at risk of fuel spillage or fire in the event of an incident or accident. The P etitioner’s UASs carry no fuel and

therefore the risk of fire fo llowing an incident or accident du e to fuel spillage is eliminated.

V. Federal Register Summary

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (The Reform Act), Ohio Aerial Imaging ("Petitione r"), hereby applies for an exemp tion from the Federal Aviation Regulations (FARs) to allow co mmercial operation of an unmanned aerial system (UAS) for aerial photography and videography , advertising and marketing c ampaigns, closed-set motion picture and filming, conducting in spections, search & rescue an d other data collection within the United States National Airspace S ystem (NAS) so long as operati ons are conducted within and under the conditions outlined herein or as may be established b y the FAA as required by Section

333.

Section 333 of The Reform Act a llows the Secretary of Transport ation to determine if certain UASs may operate safely in the national airspace based on, "the ir size, weight, speed, operational capability, proximit y to airports and populated are as, and operation within visual line of sight..." as to not create a ha zard to users of the national a irspace system or the public, and not pose a threat to national security.

Petitioner will provide commercial photography and videography for advertising and marketing campaigns, closed set motion pict ure and filming, inspections, search & rescue, and other data

collection. Petitioner continua lly seeks to bring new technolog y, techniques, and creative

methods to clients in order to max imize the effectiveness of va rious campaigns. Petitioner has a vested interest in seeing that the UAS’s are operated safely, s o as not to tarnish Petitioner’s business reputation. In order to continue to provide the best i n advertising campaigns, in a safe and reasonable way, Petitioner seeks regulatory exemptions that will allow Petitioner to employ UAS technology in the photography, videography and other data c ollection pr ocesses.

Regulations from which a n exemption is requested:

a. 14 C.F.R. § 21 Subpart H ; 14 C.F.R. § 91.203 (a) (I) - Airwor thiness Certificates b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133(a)(1)(ii)- Privat e and Commercial Pilot Privileges and Limitations c. 14 C.F.R. § 91.7(a) - Civil Aircraft Worthiness d. 14 C.F.R. § 91.9 (b)(2) - Civil Aircraft Flight Manual e. 14 C.F.R. § 91.109 - Flight instructionf. 14 C.F.R. § 91.119- Minim um Safe Altitudes g. 14 C.F.R. § 91.121- Altimeter Settings h. 14 C.F.R. § 91.15l (a) - Fuel Requ irements for Flight in VFR Conditions i. 14 C.F.R. § 91.405(a), § 91.407(a) (1), § 91.409(a)(2) and§ 91.417(a) and (b) Maintenance Inspections

Through this exemption request, Pet itioner has shown that they will ensure the public's best interest during UAS operation. The small size, weight, and spee d of Petitioner's UASs combined with extensive safety precautions ensures that Petitioner will safely operate UASs. Petitioner has also shown how approval of this request will meet and/or exceed an equivalent leve l of safety for the exemptions requested.

# Appendix A

DJI Phantom 2 Vision-Plus Quad Copter Manuals and Specifications

Operator Manual: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vi sion_Plus_User_Manual_v1.8_en.pdf

Pilot Training Guide: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vi sion_Plus_Pilot_Training_Guide_v1.1_en.p

df

Specifications Data: http://www.dji.com/product/phantom-2-vision-plus/spec



### DJI Phantom 3 Quad Copter

Manuals and Specifications

Operator Manual: http://download.djiinnovations.com/downloads/phantom_3/jp/Phantom_3_Professional_U ser_Manual_v1.2_jp.pdf

Quick Start Guide: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Q uick_Start_Guide_en_v1.2.pdf

Specifications Data Sheet: http://www.dji.com/product/phantom

‐ 3/spec



### DJI Inspire 1 Quad Copter Manuals and Specifications

Operator Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1 .4_en.pdf

Maintenance Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_Ma nualV1.0_en.pdf

Specifications Data Sheet: http://www.dji.com/product/inspire-1/spec

# Appendix B

Ohio Aerial Imaging P rotocols and Controls

Safety for public on the ground as well as manned aircraft abov e is an essential and

utmost consideration for aeria l videos and photography. As such , safety protocols and controls must be implemented through pre-flight preparation and during flight.

Pre-Flight Protocol: 1. Check batteries with voltage m eter to insure fully charged a nd ready for use. 2. Inspect batteries for damage or leakage that may affect prop er operation. 3. Inspect propellers for cracks, chips or damage that may caus e sudden loss of propulsion or unmanageable/uncontrolled flight.

4. Check weather forecasts for wi nd advisory or other condition s that my impact flight. 5. Consult five (5) mile radius map for airport vicinity. Contact respective airport to a dvise of estimated flight time, estimated flight duration, estimated elevation of flight, and any other pertinen t information. 6. Inspect flight area for: vicinity of public safety helipads/heliports vicinity of medical helipads/heliports vicinity of light poles vicinity of utility wires vicinity of trees flocks of birds that may cause i nterference and potential fligh t impact vicinity of any elevated obstr uctions that may pose potential f light hazard vicinity of roadways with moderate to heavy traffic that can be distracted public gatherings that may attract viewers optional point of control for be st visual site of UAS while in flight

Takeoff and Landing: 1. Inspect area for best and safe st point of takeoff and landin g 2. If in a subdivision or area th at is within 150 feet of a res idential street, post warning sign(s)/stand(s) “Atten tion Aerial Photography In Progr ess”

3. Takeoff and land from sa me location if possible 4. Land and shut down propulsion immediately following landing

### Flight Protocol: 1. Remain alert to birds, sound or aircraft, curious public, an d approaching vehicles 2. Do not allow anyone to engage i n conversation or distract th e remote control pilot 3. Restrict flight to minimal el evation sufficient to acquire d esired results 4. Remain prepared for emerg ency landing at all times 5. Pay attention to flight time 6. If possible set a tim er as a safety alert

Post flight: 1. Disconnect battery to prevent accidental activation of propu lsion system

2. Secure UAS in a safe location 3. Remove all warning signs from public access areas

Emergency or Suspected Hazard:

Immediate land UAS at safest and closet ground location in the event of:

1. Manned aircraft is heard or s een in vicinity of flight

2. There is a public gathering with in established safety boundary wanting to observe flight

3. Pilot is being distracted from focusing on flight and safety

4. Sudden change in weather (wind bursts)

5. Sudden increase in vehicular t raffic in vicinity of flight

6. Birds enter into proximity of flight

7. Any sudden unsafe event that can cause collision, distraction o r interruption

of control