Date: September

### 3, 2015

U. S. Department ofTransportation Docket Management System 1200 NewJersey Avenue., SE Washington, DC 20590

RE: Petition ofClearVu Aerial Photographyfor Exemption Pursuant to Section 333 ofthe FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, ClearVu Aerial Photography, operatorofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.1.

As described more fully below, the requested exemption would permitthe operation ofsmall, unmanned and relative:y inexpensive sUASs undercontrolled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, ifgranted, would allowClearVu Aerial Photographyto conduct commercia! operations ofsmall ur:HYJanned**~ircraft** systems ("sUASs") meeting
orexceeding ali ofthe operational and'Safety rteqtlirements Congress has setforth in Section 333. ClearVuAerial Photography is a photography concern which provides photography services to architects;" construction companies an·d news services: In scope"of.i'maging services, requests can be made from clients for (UAS) photographyfor,their safety and compliance·issues;alongwith the need for the dynamicsthat (UAS) imaging can only provide.

• Aerial surveying ofstructures

• Real Estate Photography

• Construction site inspections and monitoring
StatutoryAuthority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333(a) statesthat the FAA "shall determine ifcertain unmanned aircraftsystems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rule making required by section 332(b)(1) ofthisAct orthe guidance required by section 334 ofthis Act. In Section 332(b)(1), Congress made 

### it clearthatSection 333 provides a mechanism for "expedited o.peratim-1a_uthorization" ifseveral 

### factcirs are met. Petitioner meets ali requirementsto permit FAA approval ofcommercial UAS operations. The Petitioner Requests Relief From the Following: Regulations from whi.ch the exemption is requested: 14 CF.R. Part 21 14 C.F.R. 45.23 (b) ' · .: ·:· ··· ·· · 14 C.F.R. 61.113 (a) and (b) -.. ·. ,

### 14 C.F.R. 

### 91.7 (a) 

### 14 C.F.R. 

### 91.9 (b) 

### (2) 14 C.F.R. 

### 91.109 14 C.F.R. 

### 91.119 14 C.F.R. 

### 91.12 14 C.F.R. 

### 91.151 (a) 

### 14 C.F.R. 

### 91.203 (a) and (b) 

### 14 C.F.R. 

### 91.205 (b) 

### 14 C.F.R. 

### 91.215 14 C.F.R. 

### (91.401- 91.417)

Unmanned Aircraft System UAVs are oftentimes seen as superiorto helicopters due tothe smaller devices cheaper equipment and personnel 

### cost, reduces noise and as such, a much smaller environmental impactwhich promotes public safety. We are petitioning for exemption to enable ClearVu Aerial Photography to operate a DJI Phantom 3 Professional equipped with athree-axis gimbal and using High-Defcamera. This sUAV has a built-in capability to limitthe height itflies above the ground, to limitthe radius ofthe distance itflies from the operatorand to exclude itfrom Class B, Cand Dairspace including a no fly zone feature. The Phantom also has afailsafe function ofthe Naza-M autopilot system which means the communication between the Main Controller and the transmitter is disconnected, the outputs ofall command sticks from the controllerwill go to center position. Ifthe GPS signal is good enough, the system will automatically trigger a Return to Home and will land safely. The above specifications meetthe Model Aircraft Operating Standards as set below: ClearVu Aerial Photographywill onlyoperate its sUAS in line ofsight ofa (PIC)/or observer and will operate atsites that are "sufficient distance" from populated areas within the sterile area described in the FOPM. Such operationswill insure thatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public."

• When flying sUAV within 3 miles ofan airport, airport operators will be notified and the operatorwill give the right ofwayto avoid flying in the proximity offull-scale aircraft.

• Maximum flight time for each operational flight will be 

### 20 minutes.

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

### 20 minutes

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

### 20 minute limit

• The sUAV will be programmed so that itwill not be operated at an altitude of no more than 

### 400 feet AGL, and not morethan 

### 200feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist ofthe UAS Pilot, and Visual Observer.

• The sUAS operated by the petitionerweights less than 

### 1280grams, includingthe payload (i.e. camera, lens and gimbal).

• The sUAV will operate at speeds ofno more than 25 knots, can hover, and can simultaneously
move vertically and horizontally.

• Given the small size ofthe sUAS and the restricted sterile environmentwithin which theywill operate, our sUAS operations adhere tothe Reform Act's safety requirements.EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY ClearVu Aerial Photography requests an exemption from the following regulations as well as any additional regulations that may technically applytothe operation ofthe sUAV System: 14-CF-H Part 2-1, Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues toworkto develop airworthiness standardsfor Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 3 professional undereither or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes:
(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses foraircraft.
(b) Showing compliance with regulations. Conductingflight tests and otheroperations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as marketsurveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit ourcommercial purpose as well. The aircraft will not carry persons or property, will notcarryfuel, and will only fly under strict operational requirements. Combined withthe UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose thatthe UA will be at least as safe, ifnot safer, than a conventionally certificated aircraft performingthe same mission. Ifan experimental airworthiness certificate is notappropriate forthis application, then we request an exemption of 14CFR Part 21, Subpart H, and the requirementforan airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.

14CFR 45.23 Display ofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches-high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The sUAV does not have
an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Controi),.VO (Visual Observer) and others in thevicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its pointoforigin.14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require thatthe PIC must hold at least a Private Pilot Certificate issued oy the FAA and since the-aircraft cannot carry passengers or property, we feel we meetthe intentof61.113 Subparagraph (b) even though the intentofthisapplication is to conduct a business.

14 CFR 91.7 Prohibitsthe Operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation providesthat no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intentofthis requirement is to ensure thatflight manual information is available tothe aircrew while operatingthe aircraft. We request an exemption to this requirement since the aircraft is notonlytoo small to carry documentation;the documentation would not be available tothe crew during flight operations. To obtain an equivalent level ofsafety and meet the intentof91.9, we propose that acurrent, approved sUAS Flight Manual must be available to the
crew atthe ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests, the regulation states that "No person may operate a civil aircraft that is being used forflight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based control station consists ofa small hand-held radio transmitter and while it does not offera second set of "controls", both the student and instructorcan, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls duringflight, we feel thatthis technique meetsthe intent 91.109 and provides an equivalent level ofsafety.

91 .119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, orstructure. Since the typical mission ofthe sUAS would be photography orsurvey ofpersons, vessels, vehicles orstructures itwould be necessaryto operate closer than 500 feetto the items listed. Operations will only be flown over propertyor persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or propertyon the surface. Therefore we maintain that due tothe small size ofthe UAS, the hazard to persons·, vehicles and structures is minimal compared to manned aircraft, which should be considered in grantingthe exemption.

CFR 91.121 Altimeter settings. The regulation requires that aircraft, shall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The sUAS will always fly below400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft. An Above Ground Levelaltimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthatfor at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAV is battery operated and the maximum duration offlight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraftwill neverfly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure thatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and askfor an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of 91.20.3, we propose that documents deemed appropriate for this aircraft by the FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417) Maintenance, Preventive Maintenance, Alterations The regulation provides thatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturer ortheirdesignated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.
Safety and Benefits ofthe UAS ClearVu Aerial Photography will be using the UAS in avariety ofapplicationsthatgenerally require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraftfor electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,justto name afew. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin ofsafetyforthe pilots and crew. By granting ClearVu Aerial Photography requested exemptions, the FAA will help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. ClearVu Aerial Photography is committed to promotingt.he UAS research efforts of policymakers includingthe FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource forfuture UAS research operations.Thus, the FAA has good cause to grantthis Petition.The sUAV, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running
on combustible fuel, itoperates at loweraltitudes with no people on board and will thereby reduce current risk levels and hereby enhance safety and diminish the likelihood ofdeath orserious bodily injury. With asmall payload and maximum flighttime ofonly 20 minutes, this offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than ground based imagery fordisplayingthe characteristics oflarge, complex propertieswith several buildings and trees. The applicants in the past have chartered 4-seat, full-sized helicoptersforthis purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the sUAV will be valuable to and benefit many buyers and sellers of real property. Safety and compliance issues in the construction ofbuildings would now be verified in real time with the Phantom's (sUAVS's) real timevideo and still capabilities. Also, as a public service, ClearVu Aerial Photography would provide (UAV) imageryto local government agencies for search and rescue where traditional airships could notsafely work.
(b) All operations must occur in FAA Class Gairspace at no morethan 400ft. AGL, at an airspeed of no
more than 25 knots and no furtherthan% NM from the PIC;
(c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate by voice at all times during flight operations;
(d) Operations will be restricted toflights over private property with the permission ofthe property
ownerand abutters;
(e) All required permits will be obtained from state and local government priorto operation;
(f) ClearVu Aerial Photographywill notoperate over densely populated areas;
(g) ClearVu Aerial Photography will not be operating over any open-air assembly of people;
(h) ClearVu Aerial Photography will not be operating over heavilytrafficked roads;
(i) ClearVu Aerial Photography will not be operating within 5 NM ofan airport or heliport having an operational control tower.

Yours truly,

Richard Walker ClearVu Aerial Photography 1816 Kendall Ct. Mobile, AL 36695 251-454-0295 rwalker186@mchsi.comConclusion As pointed out in this application, all the SUAs which our company would use, under authorization by the US DOT-FAA, are small, light-weight devices operated within the line ofsight ofthe Pilot-inCommand (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, orother location with aviation activities, unless the airtraffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthis distance.

All ourSUAs have proven capability for controlled flight. They are devices offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the airworthiness ofSUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and ClearVu Aerial Photography should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate bythe FAA. The submission ofthis application and its contents is the best demonstrationthat indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions.