IN THE MATTER OF THE PETITION FOR EXEMPTION OF: APPALACHIAN 

AERIAL PHOTOGRAPHY AND VIDEO FOR

AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF 

THE

CODE OF FEDERAL REGULATIONS 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 OPERATION OF THE AIRCRAFT UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

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 PETITION........................................................................................................ 5

NAME AND ADDRESS OF PETITIONER. ........................................................... 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Appalachian Aerial Photography 

and Video

SEEKS EXEMPTION.................................................8

THE EXTENT OF RELIEF APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO 

SEEKS AND THE REASON

APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO SEEKS THE 

RELIEF................12

THE REASONS WHY GRANTING APPALACHIAN AERIAL PHOTOGRAPHY AND 

VIDEO’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 REGISTER. .... 34

ANY ADDITIONAL 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

PIC 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

SUMMARY

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 Appalachian 

Aerial Photography and Video

DBA Appalachian Aerial Photography and Video to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose

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 PETITIONER

APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO will provide its clients with the 

highest quality digital content for use in their commercial, personal, and non-profit multimedia 

projects. APPALACHIAN AERIAL PHOTOGRAPHY AND VIDEO will bring

together 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-profits & 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 less 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 create

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 to 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 Video 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 national 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 definition 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 which 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 completion 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 threat 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 rotorcraft 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 only
within 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 operating 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 personnel 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

AIRCRAFT Instruction Manual). Furthermore, 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 command, 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 in 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 exemption, 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,

because 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 AIRCRAFT 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 THE
AIRCRAFT 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 PIC 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 Video’s operation of the THE AIRCRAFT UAS 

within visual line of sight,

at or below 400 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 

AIRCRAFT UA during daylight hours in visual

meteorological conditions (VMC) under 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. Payne

Appalachian Aerial Photography and Video

1650 Elmer Hayes rd

Mosheim Tn. 37818

Tel: (423)273-3375

Email: aapv17@hotmail.com

B. The Specific Sections Of 14 C.F.R. From Which Appalachian Aerial Photography

and Video Seeks

Exemption.

1. Appalachian Aerial 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. Appalachian Aerial Photography and Video Seeks Exemption From The 

Requirements Of Section 61.23(a).

Section 61.23(a), entitled Operations requiring a medical certificate: 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 aircraft3.

Appalachian Aerial Photography 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. Appalachian Aerial Photography and Video Seeks Exemption From The 

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

5. Appalachian Aerial Photography and Video Exemption From The Requirements Of 

Section 91.121.

Section 91.121, entitled Altimeter settings, 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 feet 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 altimeter 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. Appalachian Aerial 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. Appalachian Aerial Photography and Video Exemption From The Requirement 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. Appalachian Aerial Photography and Video From The Requirements Of Section 

91.407(a)(1)

Section 91.407, entitled Operation 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 has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

9. Appalachian Aerial 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 chapter 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. Appalachian Aerial 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 inspections, 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 airframe, 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 overhauled 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 applicable 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 action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major 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 Appalachian Aerial Photography and Video Seeks And The 

Reason Appalachian Aerial Photography and Video

Seeks The Relief.

1. Extent Of Relief Appalachian Aerial Photography and Video Seeks And The Reason 

Appalachian Aerial 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 holding 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, Appalachian Aerial Photography and Video submits that an 

equivalent level of safety

will be maintained because no PIC will be 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 as 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 

AIRCRAFT 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 Appalachian Aerial Photography and Video Seeks And The Reason 

Appalachian Aerial 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 Appalachian Aerial Photography and Video to determine that the THE 

AIRCRAFT 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

AIRCRAFT Instruction Manual).

Appalachian Aerial Photography and Video seeks the requested relief because the THE 

AIRCRAFT 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

AIRCRAFT Instruction Manual) prior to every flight, and further, determine that the aircraft are 

in

condition for safe flight, as stated in the conditions and limitations below.

4. Extent Of Relief Appalachian Aerial 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 DJI Phantom 3 Pro UAS, which utilize GPS equipment,
and a radio communications telemetry data link to downlink altitude information from the UA to 

the

PIC 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),

Appalachian Aerial Photography and Video seeks the requested relief because the THE 

AIRCRAFT 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 sensor 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 LLC Seeks And Appalachian Aerial 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 AIRCRAFT 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. Appalachian 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 

AIRCRAFT UA will severely constrain the practicality of any aerial video or still photo flight 

operations that Appalachian Aerial 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 Appalachian Aerial Photography and 

Video proposed operating

limitations, ensure that Appalachian Aerial Photography and Video will safely operate the 

battery powered THE AIRCRAFT

UAs during daylight hours in visual meteorological conditions (VMC), under visual 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 Appalachian Aerial Photography and Video Seeks And The Reason 

Appalachian Aerial 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 airworthiness certificate, Appalachian Aerial Photography and Video 

requests relief from these Sections

because the THE AIRCRAFT UAS does not require airworthiness certificates. As set forth more 

fully
below, the THE AIRCRAFT UAS meets the conditions of FMRA Section 333 for operation 

without

an airworthiness certificate. Accordingly, Appalachian Aerial Photography and Video will 

use trained technicians to perform maintenance, alterations, or preventive maintenance on the 

UASs using the methods, techniques, and practices prescribed in the UAS operating documents 

(i.e., the THE AIRCRAFT Maintenance Manual, Monthly Maintenance Log, and THE 

AIRCRAFT Instruction Manual).

Furthermore, Appalachian Aerial Photography and Video will document and maintain all 

maintenance records for the

THE AIRCRAFT UAS.

D. The Reasons Why Granting Appalachian Aerial 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 allowing Appalachian Aerial 

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 

Appalachian Aerial Photography 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, efficient, 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 caused 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, the 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 approximately 

20-

30 gallons per hour of leaded aviation fuel. The THE AIRCRAFT UAS, while reducing the 

carbon
footprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by 

battery

powered electric motors, rather than an internal combustion engine. By using the THE 

AIRCRAFT

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 substantially

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 approximately 3.2 pounds 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 operations (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 addition 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

AIRCRAFT UAS will allow United States based companies, like Appalachian Aerial 

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. owned 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 aircraft, but 

provides

such flexibility without the high operational cost of a traditional manned aircraft.

By operating the THE AIRCRAFT UAS, companies such as Appalachian Aerial 

Photography and Video, can remain

competitive and profitable, and therefore, provide 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 increases 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 aerial acquisition flight operations that have been conducted for decades,

Appalachian Aerial 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 Appalachian Aerial 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

operating area associated with the unmanned aircraft and its operation, Appalachian Aerial 

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 threat 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 Transportation 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) Assessment 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, proximity 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 authorization, 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, Appalachian Aerial 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 

otherwise
pose 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 Autonomous 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 stationary, 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 operation 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 exemption, 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 require 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 feet 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 certificate.

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 capability. 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 the flight. The PIC must ensure that the SO can perform the functions prescribed 

in
the 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, then

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 inspection 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, maintenance, 

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 exemption 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 operate 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 and
emergency 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 conditions

(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. The 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 flight 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 Communications 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 documents 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 operations 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 50 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 of
such vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating 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 shall 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 reported 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.

Appalachian Aerial Photography 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 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.

Considering Appalachian Aerial Photography and Video proposed area of operations, and 

the operating limitations set forth-above;; and

the airmanship skills necessary to safely operate the THE AIRCRAFT UAS, 

Appalachian Aerial Photography and Video submits that the additional manned 

airmanship experience of a pilot would not correlate to the airmanship skills necessary for 

Appalachian Aerial 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).

Appalachian Aerial Photography and Video will not allow any PIC to operate the THE 

AIRCRAFT 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 

PIC

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 applicable regulations will ensure an

equivalent level of safety during Appalachian Aerial 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 consistent 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 purposes). 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 time. 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, Appalachian Aerial Photography and Video will ensure safe operations by 

not allowing any PIC 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 equivalent level of safety established by Section 91.7(a) will be maintained because prior

to every flight, Appalachian Aerial Photography and Video will ensure that the THE 

AIRCRAFT 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. Exemption 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 

Appalachian Aerial Photography and Video’s operation of the THE AIRCRAFT UAS 

within visual line of sight, at or below 500

feet AGL, will ensure a level 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, in
circumstances 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,

11153, 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, Appalachian Aerial Photography and Video will ensure that it will safely 

operate the battery powered THE

AIRCRAFT 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 approximately 

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 concerning 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 Section 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, 10808, 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, Appalachian Aerial Photography and Video submits that the 

equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

Appalachian Aerial 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 operating
documents (i.e., the THE AIRCRAFT Maintenance Manual, Monthly Maintenance Log, and 

THE

AIRCRAFT Instruction Manual). Furthermore, Appalachian Aerial Photography and 

Video will document and maintain all

maintenance records for the THE AIRCRAFT UAS.

Since the THE AIRCRAFT UAS will be inspected as prescribed by the operating

documents, Appalachian Aerial 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 Appalachian Aerial 

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

AIRCRAFT 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 Appalachian Aerial Photography and Video proposed operating 

limitations, the operating

documents, and the technical aspects of the THE AIRCRAFT UAS, Appalachian Aerial 

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, 11138, 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, Appalachian Aerial 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 

be
established for the safe operation of the UAS in the 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 with 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 accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Appalachian Aerial Photography and Video’s 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 

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 Can Be Published In The Federal Register, stating: The Rules From

Which Appalachian Aerial 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 Appalachian Aerial 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 Arguments Available To Support Appalachian 

Aerial 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 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.

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 

a
threat to national security.

CONCLUSION

As set forth herein, Appalachian Aerial Photography and Video seeks an exemption pursuant 

to 14

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 photography 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 

theinterests of the public, by allowing Appalachian 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, Section 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), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Appalachian Aerial 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. Payne

Appalachian Aerial Photography and Video 

1650 Elmer Hayes Rd

Mosheim, Tn. 37818

Ph: (423)273-3375

Email: aapv17@hotmail.com