October 15th 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE., Washington, DC 20590
VIA FEPERAL POCUMENT MANAGEMENTSYSTEMCook's Photography 504 MarsAve Lompoc, CA 93436

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations
Dear Siror Madam:
Pursuantto Section 333 of the FAA Modernization and Reform Act of2012 (the "ReformAct") and 14C.F.R. Part 11, Cook's Photography, seeks an exemption from FederalAviation Regulations ("FARs") detailed belowfor the following described UnmannedAerial System called in this application the ME System, which includes an UnmannedAircraft (UA) and ground station-based equipment and crew: THE UNMANNEDAIRCRAFT (UA):

- A lightweight (20 lb gross weightwith all on-board equipment), manufactured by DJI, Inspire 1 and Phantom 2 that includesthe following equipment in flight; -An on-board flight computer with GPS navigation and location abilitythat receives signalsfor flight controls from a ground-based transmitter/controller;

- An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and video;

- An on-boardtelemetry system thatdeliversflight datafrom the on-boardflight computerto the on-board radio transmitter including altitudeAGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site; -A2.4GHzon-board radio transmitterthattransmits live video from the on-board camera plus all the flight datafrom the telemetry system described above;
THE GROUD STATION -BASED PART OFTHE SYSTEM:
-APilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAwhile in the air; - A2.4GHz radio transmitter/controller operated by the PIC to control the UAwhile in flight; -Aradio receiver receiving livevideo and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight; - AVisual Observer (YO) is a person who provides a second pairof eyestovisuallytrackthe UA while in flight.

### The requested exemption would support an application for a commercial Certificate of Authorization to use the above described ME System for aerial cinematography, photography, Search and Rescue and Agricultural surveying never operating over persons notdirectly involved with the ME system. The UA, 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 thereby enhance safety and diminish the likelihood of death orserious bodily injury. With a small payload and maximum flighttime of only 18 

### minutes, this is offers little or no risk to national security.
Low level oblique photos and video from several angles are far more effective than groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter afull-sized helicopterfor this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we request thatwe be allowed to use our system to benefitfirst responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 8900.227 

### Section 14 11

### 0perational Requirements for UAS11 

### and with the following Restrictions: a) No flight will be madewith a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAAClass G airspace at no more than 400 

### ftAGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate by voice atall times during aflight operation; d) Operationswill be restricted to flights over property with the permission of the property owner; e) The PIC must have accumulated and logged, in a manner consistentwith 14CFR § 61.51 (b), a minimum of 100

### flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with asimilar UAtype; f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk before the first flight at each new location; n) No flight may be made without a Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe for flight (see AppendixA).The PIC and VO will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftheir initial training.
We submitthatthe combination ofthe UA's light weight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAAcan have full confidence thatthe operation will have an equivalent or greater level of safety than manned aircraft performing the same mission.
The name and contact information of the applicant are: Cook's Photography Ph: 805-717-0111 Email: cc@cooksdigital.com
The regulations from which the exemption is requested are listed below. Beside each regulation number isthe page of the attached Addendum upon which each may be found togetherwith our proposed equivalent level ofsafety for each regulation:

- 14 CFR Part 21

.................................Addendum Page 1

- 14 CFR 91.203

.................................Addendum Page 1

- 14 CFR 45.23, 45.29

..........................Addendum Page 2 -14 CFR 91.9

....................................Addendum Page 2

- 14 CFR 61.113, 61.133

.......................Addendum Page 2 -14 CFR 91.109, 91.119, 91.121

..............Addendum Page 3

- 14 CFR 91.151

.................................Addendum Page 3

- 14 CFR Subpart E (91.401

- 91.417)

......Addendum Page 3

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1
We are prepared to modify or amend any part of this request to satisfythe need for an equivalent level ofsafety. Please contact us at any time ifyou require additional information or clarification. We look forward to working with your office.

Cook's Photography Addendum containing Exemption Requests and Equivalent Level of SafetyAppendixA- Flight Manual's Appendix B- Owner's Manual for UAADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVELOF SAFETY Cook's Photography requests an exemption from the following regulations aswell asany additional regulations that may technically applyto the operation ofthe ME System:
14CFR Part 21, Subpart H: Airworthiness Certificates This part establishesthe proceduresfor the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be issued for the ME System 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 for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operationsto show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design 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 market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well.
The aircraft will notcarry persons or property, will not carry fuel, and will onlyfly understrict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we proposethatthe UAwill 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 14CFR 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 91.203(a) 

### & (b) Civil aircraft: Certifications required. The regulation providesthat 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 orcockpit entrance so that it is legible to passengers orcrew."At a maximum grossweightof6.5 pounds, the UAistoo small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers or crew. To obtain an equivalent level of safety and meetthe intentof 91.203, we proposethat documentsdeemed appropriate for this aircraft bythe FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe 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 14CFR 45.23, which follows immediately afterthe proposed placard description below:Appendix A EXPERIMENTAL Manufacturer: DJIInnovations, Inc. 950 E BaselineAve. Ste. 210Apache JunctionAZ 85119 Models: Inspire 1 and Phantom 2
14CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations providethat each aircraft must display "N" and the aircraft•s registration number in letters at least3 inches high. Additionally, the aircraft mustdisplaythe word "EXPERIMENTAL" in letters at least2 inches high nearthe entrancetothe cabin, cockpit, or pilot station. The UAdoes not have an entrance in which the word .,EXPERIMENTAL" can be placed, and may not have a registration numberassigned to it by the FAA.
We proposeto achieve an equivalent level of safety by including the word 11EXPERIMENTAL11 in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile 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 atthe ground station a high contrast flag or bannerthat contains the words "UnmannedAircraft Ground Stationu in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyonethat observesthe aircraft and chooses to investigate its point of origin.
14CFR 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 that the intent of this requirement is to ensurethat flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be available to the crew during flight operations.
To obtain an equivalent level ofsafety and meetthe intent of 91.9, we proposethat a current, approved UA Flight Manual (AppendixA) must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight.
14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation providesthat 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 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 notcarry passengers orpropertyfor compensation or hire. Our proposed operations require that the PIC must either
1

. Hold a Sport Pilot Certificate issued by the FAA, and have logged 25 hours offlight experience in thistype of UA, or 2. Meetthe requirements of 8900.227 para 16(c)(2)(c) 110perationswithout a pilot certificateu in which the PIC is required to complete 11FAA private pilot ground instruction" and pass 11the FAA Private Pilotwritten examination." Since there are currently no means available forthe pilot of aUAS to gain the experience in an equivalent category and class in orderto apply for a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAAcommercial pilot ground instruction and passthe FAA Commercial Pilotwritten examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of

### 61.113 Subparagraph (b) even though the intent of this application isto conduct a business.
14CFR 

### 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation statesthat "No person may operate a civil aircraftthat is being used for flight instruction unlessthat aircraft hasfully functioning dual controls."
The ME System ground-based control station consists of a small hand-held radio transmitter and while it does notoffer 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-onu the controls during flight, we feel that this technique meetsthe intent

### 91.109 and provides an equivalent level ofsafety.


### 14 CFR 

### 91.119 Minimum safe altitudes: General. The regulation statesthat over sparsely populated areas the aircraft cannot be operated closer than 

### 500feetto any person, vessel, vehicle, or structure. Since the aircraft will be operating ata maximum of

### 400feetAGL, we cannot comply with this requirement.
In order to provide an equivalent level of safety we will onlyfly over private propertywith permission ofthe ownerof the property flown over. The aircraftwill not be operated over congested areas or over any open air assembly of persons. The property ownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraft will be operated ata low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.


### 14CFR 

### 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 UAwill alwaysfly below 

### 400feetAGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point istransmitted via radio from the UAon-board computerto the display screen held bythe PIC, providing a constantly updatedAGL 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 unlessthere is enough fuel to fly to the first point of intended landing and tofly after thatfor at least

### 30 minutes. We feel the intention of this paragraph isto provide an energy reserve as a safety bufferfor delaysto landing. The UAis battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 

### 20°/o reserve. Since the aircraft will neverfly more than 

### 314 NM from the point of intended landing, a full battery charge atlaunch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word nfuel" and ask for an equivalent interpretation with the word "energy".
14CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations The regulation providesthat 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 thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.
It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service."As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensure that the aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after every two hours offlight. 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 bythe manufacturer ortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that dueto the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in orderto perform as a pilot or observer. The UAmaximum grossweight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslyto the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.
We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensurethatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.APPENDIXA- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flight will be madewith a UAGrossweight exceeding 55 pounds; b) All operations mustoccur in FAA Class G airspace at no more than

## 4oo• AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO}. The VO and PIC must be able to communicate verbally atall times during a flight operation; d) Operationswill be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UArotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at airshows; i) The ME System will not be operated over any open-air assembly of people; 

### j} The ME System will not be operated over heavilytrafficked roads; k} The ME System will not be operated within 5 NM of an airport or heliport; I) Operationswill be restricted to dayonly and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk beforethe first flight at each new location; n) No flight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe forflight. PREFLIGHTCHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4. Gimbal isfunctioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the 

### aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and will bring the UAV back to the PIC.