Date: September 3, 2015 

U. S. Department of Transportation Docket Management System 

1200 New Jersey Avenue., 

SE Washington, DC 20590 

RE: Petition of ClearVu Aerial Photography for Exemption Pursuant to Section 333 of the FAA Reform 

Act 

Attn: To whom it may concern 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, ClearVu Aerial Photography, operator of Small 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 of its 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 333.1. 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relative:y inexpensive sUASs under controlled conditions in airspace that is 1) limited 2) 

predetermined and 3) controlled. The proposed exemption, if granted, would allow ClearVu Aerial 

Photography to conduct commercia! operations of small ur:HYJanned ~ircraft systems ("sUASs") meeting 

or exceeding ali of the operational and 'Safety rteqtlirements Congress has set forth 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) photography for,their safety and compliance ·issues;along with the need for 

the dynamics that (UAS) imaging can only provide. 

• Aerial surveying of structures 

• Real Estate Photography 

• Construction site inspections and monitoring 

Statutory Authority 

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for 

seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that 

the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rule making required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act. In Section 332(b)(1), Congress 

made it clear that Section 333 provides a mechanism for "expedited o.peratim-1 a_uthorization" if several 

factcirs are met. Petitioner meets ali requirements to 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 superior to helicopters due to the smaller devices cheaper equipment and 

personnel cost, reduces noise and as such, a much smaller environmental impact which promotes public 

safety. 

We are petitioning for exemption to enable ClearVu Aerial Photography to operate a DJI Phantom 3 

Professional equipped with a three-axis gimbal and using High-Def camera. This sUAV has a built-in 

capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the 

operator and to exclude it from Class B, C and D airspace including a no fly zone feature. The Phantom 

also has a failsafe function of the Naza-M autopilot system which means the communication between 

the Main Controller and the transmitter is disconnected, the outputs of all command sticks from the 

controller will go to center position. If the GPS signal is good enough, the system will automatically 

trigger a Return to Home and will land safely. 

The above specifications meet the Model Aircraft Operating Standards as set below: 

ClearVu Aerial Photography will only operate its sUAS in line of sight of a (PIC)/or observer and will 

operate at sites that are "sufficient distance" from populated areas within the sterile area described in 

the FOPM. Such operations will insure that the sUAS will"not create a hazard to users of the national 

airspace system or the public." 

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-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 prior to the 20 

minutes 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute 

limit 

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 

feet AGL, and not more than 200 feet 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 petitioner weights less than 1280 grams, including the payload (i.e. 

camera, lens and gimbal). 

• The sUAV will operate at speeds of no more than 25 knots, can hover, and can simultaneously 

move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within which they will 

operate, our sUAS operations adhere to the 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 apply to the operation ofthe sUAV System: 14-CF-H Part 2-1, 

Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the DJI Phantom 3 professional under either or both of the 

following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA's light weight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 

14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the 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 near the 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 of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In 

Controi),.VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch 

will be able to see the designation. Additionally, we feel that the permanent placard discussed in the 

previous paragraph will provide the aircraft's registration information at the ground station. Finally, we 

will display at the ground station a high contrast flag or banner that contains the words "Unmanned 

Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM 

of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin. 
14 CFR 61.113 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 

of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property 

for compensation or hire. Our proposed operations require that the 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 

meet the intent of 61.113 Subparagraph (b) even though the intent ofthis application is to conduct a 

business. 

14 CFR 91.7 Prohibits the Operation of an 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 aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet 

the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; 

Simulated instrument flight and certain flight tests, the regulation states that "No person may operate a 

civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual 

controls." The sUAS System ground based control station consists of a small hand-held radio transmitter 

and while it does not offer a second set of "controls", both the student and instructor can, and will, 

operate the single set of controls simultaneously. With both student and instructor having "hands-on" 

the controls during flight, we feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety. 

91 .119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer 

than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planned has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the 

hazard to persons·, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption. 

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft, shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feet AGL and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level 
altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board 

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

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 

12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement 

of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation 

with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides 

that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew." 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 of safety and meet the intent of 91.20.3, we propose that documents deemed 

appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and 

available for inspection upon request. In order to identify the aircraft, we propose that the information 

found on airworthiness and registration certificates be permanently affixed to the aircraft via placard 

containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 

CFR 45.23. 

14 CFR Subpart E (91.401- 91.417) Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that 

the aircraft be "approved for return to service by a person authorized under 43. 7" after maintenance and 

inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections after every two 

hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacturer or their designated repair 

facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

ClearVu Aerial Photography will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad 

benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline 

inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly 

larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew 

creates a much greater margin of safety for the pilots and crew. By granting ClearVu Aerial Photography 

requested exemptions, the FAA will help drive development of safe and successful commercial UAS 

operations and will advance the public knowledge base for such operations. ClearVu Aerial Photography 

is committed to promoting t.he UAS research efforts of policymakers including the FAA, NASA, DOD and 

DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS 

research operations. Thus, the FAA has good cause to grant this Petition. 
The sUAV, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running 

on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce 

current risk levels and hereby enhance safety and diminish the likelihood of death or serious bodily 

injury. With a small payload and maximum flight time of only 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 for displaying the characteristics of large, complex properties with several buildings and trees. 

The applicants in the past have chartered 4-seat, full-sized helicopters for this 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 of buildings would now be 

verified in real time with the Phantom's (sUAVS's) real time video and still capabilities. 

Also, as a public service, ClearVu Aerial Photography would provide (UAV) imagery to local government 

agencies for search and rescue where traditional airships could not safely work. 

(b) All operations must occur in FAA Class G airspace at no more than 400ft. AGL, at an airspeed of no 

more than 25 knots and no further than% NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during flight operations; 

(d) Operations will be restricted to flights over private property with the permission of the property 

owner and abutters; 

(e) All required permits will be obtained from state and local government prior to operation; 

(f) ClearVu Aerial Photography will not operate 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 heavily trafficked roads; 

(i) ClearVu Aerial Photography will not be operating within 5 NM of an 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.com 
Conclusion 

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 of sight of the Pilot-inCommand (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, 

seaplane base, spaceport, or other location with aviation activities, unless the air traffic control 

authorities (ATC) have been notified and have authorized each flight within a radius of this distance. 

All our SUAs 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 of SUAs 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 by the FAA. The submission of this 

application and its contents is the best demonstration that 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.