**IN THE MATTER OF THE PETITION FOR E XEMPTION OF: APPALACHIAN** 

**AERIAL PHOTOGRAPHY AND VIDEO**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  TI TLE 14 OF THE CODE OF FEDERAL REGULATION **S SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a),**  **61.315(a), 91.7(a),**  91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) **&** (b) CONCERNING COMMERCIAL OPERAT IO N OF THE AIRCRAFT UNMANNED AI RCRAFT SYSTEM **S PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012**  (PUBLIC LAW 1 12

- 95 **)** Submitted on October 9, 2015 Chris A. Payne and Scotty Ridley DBA: Appalachian Aerial Photography and Video 1650 Elmer Hayes rd Mosheim Tn, 37818 Email: aapv17@hotmail.com **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS ............................ ......................................................3 SUMMARY ..................................................................................................................... .....4 INTRODUCTION AND INTERESTS OF PETITIONER............................ ........................4 BACKGROUND................................................................................................................... .5 BASIS FOR PET IT ION.................................................................................... .................... 5 NAME AND ADDRESS OF PETITIONER. ........................................................... 8 THE SPECIFIC SECT IONS OF 14 C.F.R. FROM WHICH Appalachian Aerial Photography and Video SEEKS EXEMPTION..................................... ............8 THE EX TENT OF RELIEF APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO SEEKS AND THE REASON APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO SEEK S THE RELIEF................12 THE REASONS WHY GRANTING APPALACHIAN AERIAL PHOTOGRAPHY AND VI DEO’S REQUEST WOULD BE IN THE PUBLIC INTEREST ..................................... 17 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY ......................................................................... 20 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL RE GI STER. .... 34 ANY ADDIT IO NAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO’S REQUEST.... .............34 CONCLUSION ........................................................................................... ................................. 34**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing **SU MMARY**  Chris Payne seeks exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit **Ap palachian**  **Ae rial Photography** 

**and Video** DBA Appalachian Aerial Photography and Video to operate an Unmanned Aircraft System (UAS) for the commercial purpo se of conducting aerial video and photography of construction sites, building inspections, agricultural lands, outdoor recreational facilities, real estate, special events, and landscapes within the United States. **INTRODUCTION AND INTERESTS OF THE PETITION ER**  APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO will provide its clients with the highest quality digital content for use in their commercial, personal, and non

-pro fit multimedia projects. APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO will bring

t ogether marketing expertise, artistic direction and state

- of

- the

- art technology to make studio quality productions within reach for any business, but will seek to predominately partner with other small businesses . The objective of Appalachian Aerial Photography and Video operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting: • Aerial event filming and photography • Feature film and Documentary cinematography• Promotional videos for businesses, non

-p rofits & government entities

• Agricultural surveys • Land surveys with 3D mapping technology **BACKGROUND** Unmanned Aircraft Systems : UAS is a rotorcraft weighing less than 55 pounds including payload. (The DJI Phantom 3 Quad Copter) It operates at a speed l ess than 50 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. It has an auto return mode that can be activated from remote control or is automatic when battery power is under 25%, if signal is lost between remote control and UAS or multiple GPS signals are lost. The UAS will operate within the line of sight with in a protected flight area as described with an observer located close at hand as to make voice communication possible. These operations will not cr eate a hazard to users of the nation airspace, public nor the environment. Appalachian Aerial Photography and Video respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it t o operate lightweight UASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b). Appalachian Aerial Photography and Vide o submits this application in accordance with the Reform Act ,112 P.L. 95 331

- 334, seeking relief from any currently applicable FAR’S operating to prevent Appalachian Aerial Photography and Video future commercial use of small UASs to operate in the nation al airspace system as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do so. Appalachian Aerial Photography and Video UAS meets the def inition of “small unmanned aircraft” as defined in Section 331 and therefor the integration of these UASs are expressly contemplated by the Reform Act Appalachian Aerial Photography and Video would like to operate its light weight UAS prior to the time period by wh ich the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before complet ion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard to users of the national airspace system or the public or pose a threa t to national security in light of the following: The UASs size, speed, weight and operational capability Operation of the UASs in close proximity to airports and populated areas Operation of the UASs within visual line of sight of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace. Appalachian Aerial Photography and Video will operate rotorc raft weighing less than 55 lbs. and operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UAS will operate onlywithin the line of sight of the operator within a protected flight area

. These will not

present a hazard to the national airspace nor the public.

The Aircraft that will be operated by Appalachian Aerial Photography and Video and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C. F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Appalachian Aerial Photography and Video , pursuant to the provisions of the Federal Aviation Regulations (14 C. F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the THE AIRCRAFT in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited opera ting area associated with The Aircraft and their operation, Appalachian Aerial Photography and Video’s operation of the THE AIRCRAFT UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Appalachian Aerial Photography and Video requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Appalachian Aerial Photography and Video submits that the requested relief is proper since an equivalent level of safety will be ensured. Appalachian Aerial Photography and Video will use experienced personn el or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and THE AI RCRAFT Instruction Manual). Furthermor e, Appalachian Aerial Photography and Video will document and maintain all maintenance records for the THE AIRCRAFT UAS. Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot privileges and limitations: Pilot in comma nd, and from Section 61.315(a) entitled What are the privileges and limits of my sport pilot certificate , and from Section 61.23(a) entitled Medical certificates: Requirements and duration , is requested by Appalachian Aerial Photography and Video to the extent necessaryto allow a Pilot i n Command (PIC) holding a driver’s license, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the THE AIRCRAFT UAS in a manner consistent with this exe mption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Appalachian Aerial Photography and Video seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, becaus e the THE AIRCRAFT UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Appalachian Aerial Photography and Video submits that it will ensure that the THE AI RCRAFT UAS are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and THEAI RCRAFT Instruction Manual), and that the aircraft are in a condition for safe flight.

Appalachian Aerial Photography and Video also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the THE AIRCRAFT UA will not have a typical barometric altimeter onboard. However, altitude information of the THE AIRCRAFT UA will be provided to the P IC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Appalachian Aerial Photography and Vide o’s operation of the THE AIRCRAFT UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Appalachian Aerial Photography and Video seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Appalachian Aerial Photography and Video submits thatsafety will not be affected by operation of the THE AI RCRAFT UA during daylight hours in visual meteorological conditions (VMC) und er visual flight rules (VFR), with enough battery power to flyfor a total duration of approximately 23 minutes for each flight time

. In accordance with 14 C.F.R. § 11.81, Appalachian Aerial Photography and Video provides the followinginformation in support of its petition for exemption: **A. Name And Address Of The Petitioner.** The name and address of the Petitioner and point of contact is: 

### Chris A. Pay

ne Appalachian Aerial Photography and Video 

### 1650 Elmer Hay es rd Mosheim Tn. 37818 Tel: ( 423)273

- 3375 Email: aapv17@hotmail .com **B. The Specific Sections Of 14 C.F.R. From Which Ap**  **palachian A erial Photography**  **and Video Seeks**  **Exemption. 1.**  **Ap palachian A** 

**erial Photography**

**and Video Seeks Exemption From The**  **Requirements Of Section 61.101(e)(4) and (5).**  Section 61.101 , entitled Recreational pilot privileges and limitations: Pilot in command, subsection (e)(4) and (5) prescribe the following, in relevant part: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

- (4) For compensation or hire; (5) In furtherance of a business; **2. Ap**  **palachian A**

**erial Photography**

**and Video Seeks Exemption From The**  **Requirements Of Section 61.23(a).** Section 61.23(a), entitled Operations requiring a medical certifi cate: Requirements and duration , subsection (a) prescribe the following, in relevant part: (f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft**3. Ap**  **palachian A erial Photograph**  **y and Video**  **Seeks Exemption From The Requirements Of Section 61.315(a).** Section 61.315(a), entitled What are the privileges and limits of my sport pilot

certificate , subsection (a) prescribe the following, in relevant part: (c) You may not act as pilot in command of a light

- sport aircraft: (2) For compensation or hire. (3) In furtherance of a business.

- **4. Ap**  **palachian A**

**erial Photography**

**and Video Seeks Exemption From The**  **Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , s ubsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. **5. Ap**  **palachian A**

**erial Photography**

**and Video Exemption From The Requirements Of**  **Section 91.121.** 

### Section 91.121, entitled Altimeter settin gs, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

- (1) Below 18,000 f

eet MSL , to

- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimete r setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **6. Ap**  **palachian A**

**erial Photography**

**and Video Exemption From The Requirements Of**  **Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. **7. Ap**  **palachian A**

**erial Photography**

**and Video Exemption From The Requirem**  **ent Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that 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[.] **8. Ap**  **palachian A**

**erial Photography**

**and Video From The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitled Ope ration after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- (1) It ha s been approved for return to service by a person authorized under § 43.7 of this chapter[.] **9. Ap**  **palachian A**

**erial Photography**

**and Video Seeks Exemption From The**  **Requirements Of Sections 91.409(a)(1) and 91.409(a)(2).**  Section 91.409, entitled Inspections

, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-(1) An annual inspection in accordance with part 43 of this chapt er and has been approved for

return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **10. Ap**  **palachian A**

**erial Photography**

**and Video Exemption From The Requirements Of**  **Sections 91.417(a) and 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner

or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved i nspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

- (i) A description (or reference to data acceptable to the Administrator) of the work performed ; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airf rame, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be o verhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of a pplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next actio n is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each maj or alteration to the airframe and currently installed engines, rotors, propellers, a nd appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Ap**  **palachian A erial Photography**  **and Video Seeks And The**  **Reason Ap**  **palachian A erial Photography**  **and Video Seeks The Relief.**  **1. Extent Of Relief Ap**  **palachian A erial Photography** 

**and Video Seeks And The**  **Reason Ap**  **palachian A erial Photography**  **and Video Seeks Relief From Section 61.113(a) and**  **(b).**Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC hold ing a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC 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. As set forth more fully below, **Ap palachian A** **erial Photography and Video**  submits that an equivalent level of safety will be maintained because no PIC will b e allowed to operate the THE AIRCRAFT UAS UA unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able

to safely operate either the THE AIRCRAFT UAS in a manner consistent with the operations specifications a s described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures . Further, Appalachian Aerial Photography and Video submits that all flights of the THE AI R CRAFT UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Appalachian Aerial Photography and Video business; and (2) will not carry passengers or property for compensation or hire.

. **3 . Extent Of**  **Ap palachian A** **erial P hotography and Video**  **Seeks And The Reason Ap**  **palachian A erial Photography**  **and Video Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow **Ap palachian A**  **erial Photogr aphy and Video**  to determine that the THE AI RCRAFT UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the THE AIRCRAFT Maintenance Manual, Monthly Maintenance Log, and THE AI RCR AFT Instruction Manual). **Ap palachian A** **erial Photography and Video**  seeks the requested relief because the THE AI RCRAFT UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Appalachian Aerial Photography and Video will ensure that the THE AIRCRAFT UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and THE AI RCRAFT Instruction Manual) prior to every flight, and further, determine that the a ircraft are in condition for safe flight, as stated in the conditions and limitations below. **4 . Extent Of Relief**  **Ap palachian A**  **erial Photography**

**and Video Seeks**  **And The Reason Appalachian Aerial Photography and Video**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 3 Pro UAS, which utilize GPS equipment,and a radio communications telemetry data link to downlink altitude information from the UA to

the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), **Ap palachian A** **erial Photography and Video**  seeks the requested reli ef because the THE AI RCRAFT UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the THE AIRCRAFT UAs are equipped with a barometric pressure senso r and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **6. Extent Of Relief Dering Harbor L LC Seeks And**  **Ap palachian A** **erial Photography and Video**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered THE AIRC RAFT UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes to the first point of intended landing and, assuming normal cruising speed,

to fly after that for at least 4.5 minutes. **Ap palachian Aerial Photography**  **and Video** seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered THE AI RCRAFT UA will severely constrain the practicality of any aerial video or s till photo flight operations that **Ap palachian A** **erial Photography and Video**  proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the THE AIRCRAFT UAS, the THE AIRCRAFT operating documents, and **Ap p**  **alachian A erial Photography** 

**and Video**  proposed operating limitations, ensure that **Ap palachian A** **erial Photography and Video**  will safely operate the battery powered THE AIRCRAFT UAs during daylight hours in visual meteorological conditions (VMC), under visua l flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes to the first point of intended landing and, assuming normal cruising speed

. . **7. Extent Of Relief Ap**  **palachian A erial Photography** 

**and Video Seeks And The Reason**  **Ap palac**  **hian A erial Photography**  **and Video Seeks Relief From Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthines s certificate, **Ap palachian A**  **erial Photography**

**and Video** requests relief from these Sections because the THE AIRCRAFT UAS does not require airworthiness certificates. As set forth more fullybelow, the THE AIRCRAFT UAS meets the conditions of FMRA Section 3 33 for operation

without an airworthiness certificate. Accordingly, **Ap palachian A** **erial Photography and Video**  will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practice s prescribed in the UAS operating documents (i.e., the THE AIRCRAFT Maintenance Manual, Monthly Maintenance Log, and THE AI RCRAFT Instruction Manual). Furthermore, **Ap palachian A** **erial Photography and Video**  will document and maintain all maintenance records for the THE AIRCRAFT UAS. **D. The Reasons Why Granting Ap**  **palachian A erial Photography** 

**and Video Request**  **Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest by a llowing **Ap palachian A**  **erial Photography** 

**and Video** to safely, efficiently, and economically conduct aerial video and photography of construction sites, building inspections, agricultural lands, wineries, outdoor recreational facilities, real estate, special events, and landscapes over certain areas of the United States. Additionally, use of the THE AIRCRAFT UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of **Ap palachian A** **erial P hotography and Video**  proposed operation of the THE AIRCRAFT UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The THE AIRCRAFT UAS are battery powered and serve as a safe, efficien t, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a THE AIRCRAFT UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caus ed by arriving and departing aircraft will be reduced. The THE AIRCRAFT UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The THE AIRCRAFT UAS.**  Conducting aerial acquisitions with the THE AIRCRAFT UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, th e THE AIRCRAFT UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning appro ximately 20

- 30 gallons per hour of leaded aviation fuel. The THE AIRCRAFT UAS, while reducing the carbonfootprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by

battery powered electric motors, rather than an intern al combustion engine. By using the THE AI RCRAFT UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantiall y reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the THE AIRCRAFT UAS (weighing approximately 1280 g maximum gross weights with diameter of 590mm for the DJI Phantom Pro3 and approximatel y 3.2 po unds and a length of 565

mm & a 330mm width for the Q500 and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar oper ations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The THE AIRCRAFT UAS Will Benefit The Economy.**  In add ition to being safe and efficient, the THE AIRCRAFT is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the THE AI RCRAFT UAS will allow United States based companies, like **Ap palachian A** **eria l**  **Photography**

**and Video** , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owne d and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered THE AIRCRAFT UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircr aft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the THE AIRCRAFT UAS, companies such as **Ap palachian A**  **erial Photography** 

**and Video** , can remain competitive and profitable, and therefore, prov ide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the THE AIRCRAFT UAS, provides a stable workforce that incre ases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned a erial acquisition flight operations that have been conducted for decades, **Ap palachian A** **erial Photography and Video**  proposed operation of the THE AIRCRAFT UAS will not implicate any privacy issues. Specifically, the THE AIRCRAFT UAS will be operated only in compliance with the conditions set forth in any exemption granted under this petition. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By** 

**The Rule From Which**  **Ap palachian A** **erial Photography and Video**  **Seeks Exemption. 1. Reasons Why The THE AIRCRAFT UA Meet The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited

o perating area associated with the unmanned aircraft and its operation, **Ap palachian A**  **erial Photography** 

**and Video** operation of the THE AIRCRAFT UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a thre at to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transporta tion shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessmen t of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximit y to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of author ization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, **A ppalachian A** **erial Photography and Video**  submits that the THE AIRCRAFT UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the THE AIRCRAFT UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The THE AIRCRAFT UAS Demonstrate Its Safe**  **Characteristics.** The THE AIRCRAFT UAS does not create a hazard to users of the NAS or the public, or otherwisepose athreat to national security considering its size, weight, speed, and operational capability.

**i. Technical Specifications Of The THE AIRCRAFT UAS.** The technical specifications of the THE AIRCRAFT UAS are set forth by the DJI Phantom 3 Pro and Yuneec Q500 Typhoon **ii. The THE AIRCRAFT UAS Autonomou s Flight And Navigation Modes Enable The**  **UAS To Remain Within A Defined Operational Area.** The THE AIRCRAFT UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the THE AIRCRAFT UAS is provided in the THE AIRCRAFT User Manual **iii. The THE AIRCRAFT UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the THE AIRCRAFT UA will remain stati onary, in flight, for 3 seconds or more. If, after 3 seconds, the THE AIRCRAFT UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the THE AIRCRAFT UAS are set forth in the THE AIRCRAFT User Manual. **iv. The THE AIRCRAFT GCS And Its Operation.** A complete description of the operat ion and specifications of the THE AIRCRAFT GCS and flight control software is provided in the THE AIRCRAFT User Manual. THE AIRCRAFT User Manual. **b . Flights Of THE AIRCRAFT UAS Will Be Conducted Pursuant To Specific Operating**  **Limitations.** In seeking this e xemption, proposes to commercially operate THE AIRCRAFT UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: THE AIRCRAFT Unmanned Aircraft System. Proposed operations of any other aircraft will requi re a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4 . The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in f eet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical ce rtificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capabil ity. The SO and PIC must be able

to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of th e flight. The PIC must ensure that the SO can perform the functions prescribed inthe operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request . The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, the n the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight insp ection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenan ce, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exe mption must comply with all manufacturer Safety Bulletins. 16.The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections

. 17 . The operator may not permit any PIC to op erate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive andemergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 18 . UAS operations may not be conducted during night, as defined in 14 C.F.R. § 19.1. All operations must be conducted under visual meteorological co nditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. Th e letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the fli ght in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 26 . Before conducting operations, the radio frequency spectrum used for operation and control of theUA must comply with the Federal Communication s Commission (FCC) or other appropriate government oversight agency requirements. 27 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These doc uments must be made available to the Administrator or any law enforcement official upon request. 28 . The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29 . Flight operation s must be conducted at least 50 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 5 0 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of ope rating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations sha ll be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be repo rted to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would**  **Not Adversely Affect Safety. Ap**  **palachian A erial Phot**  **ography and Video**  submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the THE AIRCRAFT UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and cu rrency requirements, that the PIC is able to safely operate the THE AIRCRAFT UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Consi dering **Ap palachian A** **erial Photography and Video**  proposed area of operations, and the operating limitations set forth

- above;; and the airmanship skills necessary to safely oper ate the THE AIRCRAFT UAS, **Ap palachian A** **erial Photography and Video**  submits that the additional manned airmans hip experience of a pilot would not correlate to the airmanship skills necessary for **Ap palachian A** **erial Photography and Video**  specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). **A ppalachian A** **erial Photography and Video**  will not allow any PIC to operate the THE AI RCRAFT UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the THE AIRCRAFT UAS training and currency requirements, that the PIC is able to safely operate the THE AIRCRAFT UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with appli cable regulations will ensure an equivalent level of safety during **Ap palachian A**  **erial Photography**

**and Video** proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consiste nt with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purpose s). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

-building flights can also be conducted under the grant of exemption to accomplish the required flight ti me. During training, proficiency, and experience

-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, **Ap palachian A** **erial Photography and Video**  wil l ensure safe operations by not allowing any PI C to operate the THE AIRCRAFT UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the THE AIRCRAFT UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The e quivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, **Ap palachian A** **erial Photography and Video**  will ensure th at the THE AI RCRAFT UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exempt ion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the THE AIRCRAFT UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with **Ap palachian A** **erial Photography and Video**  **’s** operation of the THE AIRCRAFT UAS within visual line of sight, at or below 500 feet AGL, will ensure a l evel of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, incircumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 1115 3, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91 .151(b) as a result of (1) the technical specifications of the THE AIRCRAFT UAs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, **Ap palachian A** **erial Photography and Video**  will ensur e that it will safely operate the battery powered THE AI RCRAFT UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the THE AIRCRAFT UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the THE AIRCRAFT UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approxi mately 30% remaining battery power, and again at approximately 20% and then 10% remaining battery

power. At the critically low battery level, the THE AIRCRAFT UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA co ncerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in S ection 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 108 08, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a** **)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, **Ap palachian A** **erial Photography and Video**  submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established b y Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because **Ap palachian A** **erial Photography and Video**  will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operatingdocuments (i.e., the THE AIRCRAFT Maintenance Manual, Monthly Maintenance Log, and

THE AI RCRAFT Instruction Manual). Furthermore, **Ap palachian A**  **erial Photography**

**and Video**  will document and maintai n all maintenance records for the THE AIRCRAFT UAS. Since the THE AIRCRAFT UAS will be inspected as prescribed by the operating documents, **Ap palachian A** **erial Photography and Video**  will maintain the equivalent level of safety established by Sections 91.405( a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety because **Ap palachian A**  **erial Photography** 

**and Video** will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the THE AI RCRA FT UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of **Ap palachian A**  **erial Photography**

**and Video** proposed operating limitations, the ope rating documents, and the technical aspects of the THE AIRCRAFT UAS, **Ap palachian A** **erial Photography** 

**and Video** submitsthat safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 111 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, **Ap palachian A** **erial Photography and**  **Video** requests that the FAA prescribe special conditions for the intended operation of the THE AIRCRAFT UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must beestablished for the safe operation of the UAS in th e NAS. Likewise, the Administrator may

prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the THE AIRCRAFT UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance wi th Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in ac cordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for **Ap palachian A**  **erial Photography**

**and Video ’s**  intended operation of the THE AIRCRAFT UAS, which contain such safety standards that the Administrator finds neces sary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Ca n Be Published In The Federal Register, stating: The Rules From**  **Which Ap**  **palachian A erial Photography** 

**and Video Seeks Exemption:**  **Appalachian Aerial Photography and Video** seeks exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315 (a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b). **A Brief Description Of The Nature Of The Exemption Ap**  **palachian A erial Photography**  **and Video Seeks:**  This exemption will permit Appalachian Aerial Photography and Video to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Argume nts Available To Support**  **Ap palachian**  **Ae rial Photography** 

**and Video Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Appalachian Aerial Photography and Video request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will cre ate a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Dering Harbor LLC will operate the THE AIRCRAFT UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose

athreat to national security.

**CONCLUSION** As set forth herein, Appalachian Aerial Photography and Video seeks an exemption pursuant to 1 4 C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the THE AIRCRAFT UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and phot ography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing App alachian Aerial Photography and Video to safely, efficiently, and economically operate the THE AIRCRAFT UAS commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sectio n 333, Appalachian Aerial Photography and Video respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 9 1.407(a)(1), **91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Ap**  **palachian A erial Photography**  **and Video to operate the DJI S900**  and DJI Phantom 3 PRO UAS commercially for the purpose of conducting aerial video and photography over areas of the United States. 

### Respectfully

submitted

, 

### Chris A. Pay

ne Appalachian Aerial Photography and Video 

### 1650 Elmer Hay es Rd Mosheim, Tn. 37818 Ph: (423)273

- 3375 Email: aapv17@hotmail.com