September 1, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

This petition is being submitted on our behalf without legal counsel o r consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14
C.F.R. Part 11, NoVA Aerial Photos LLC , a full service video and photography company registered in the Commonwealth of Virginia , hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of a Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit NoVA Aerial Photos LLC to pursue commercial interests in providing services to clients using a s mall , advanced sUAS in the following areas:

• Real

- estate marketing

• Property Appraisals

• Construction Site Evaluation

• Safety Inspections and Assessments

• Economic Development

• Special Event Coverage

• Support to Equine Veterinary Care Services

NoVA Aerial Photo s LLC states that all sUAS flights will occur over private or controlled access property, and will do so with the property owner’s consent and knowledge and that only people who have consented or otherwise have agreed to be in the area when flights take pl ace.

Additionally NoVA Aerial Photos LLC sUAS pilot will hold an FAA Airman Certificate with a current Medical Certificate. If observers are not qualified pilots, they will attend a ground school to understand the proper roles of an observer, communicatio n, procedures, proper visual scan techniques, operations

at non

- towered airports, and appropriate sections of the Aeronautical Information Manual (AIM).Regulations from which exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b)

14 C.F.R. 61.11 3(a) & (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401

– 91.417

Unmanned Aircraft System

sUAVs are often se en as superior to helicopters as an aerial video gathering platform due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. Additionally, introduction of sUAS will supplant helicopter and small aircraft within the NAS

– a key goal of the NextGen system implementation and rollout, thereby providing multiplicative benefit to fellow NAS users.

NoVA Aerial Photos LLC is petitioning for an exem ption to operate a DJI Phantom 3 with a Gimbal

stabilized HD 4K camera and GPS safety features designed to be deployed rapidly to conduct loca l (LOS) short term (2 0 min) situational awareness. The UAS is operated by one wireless control station that provides instrumentati on data of the sUAS and first person video which allow to set limits to its height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations within designated Class B, C and D airspa ce including a no

- fly zone
feature. The DJI Phantom 3 has failsafe function that is triggered in the event communication is lost between the sUAS and the main controller transmitter. At that time, the sUAS will return to its point of
takeoff and land safet y. If the connection is restored, the PIC can regain control of flight and land manually. The Phantom 3 Professiona l User Manual v1.2 may be downloaded at the following site: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v 1.2_en.pdf

These specifications meet with the Model Aircraft Operati ng Standards as set below:

- The petitioner will only operate its sUAS in line

- of

- sight of a pilot and/or Observer and will operate at sites that are ‘sufficient distance’ from populated areas within the sterile area described in the FOPM. Such operations w ill ensure that the sUAS will “not create a hazard to users of the national airspace system or the public.”- The petitioner will not operate within 5 miles of any airport, will limit flights to <200ft AGL, and will at all times remain within Line of Sight of the operator and/or observer.

.

- Maximum flight t ime for each operation will be 2 3 minutes.

- Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the sUAS.

- The sUAS will be programmed so it wil l not be operated at an altitude that exceeds 2 00
feet AGL.

- Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer.

- The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot
certificate and a current F AA medical certificate.

- The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and stabilized gimbal).

- The sUAS will ope rate at speeds of no more than 2 0 knots, can hover, and can simultaneously move ver tically and horizontally.

- Given the small size of the sUAS and the restricted sterile environment within which it will operate, NoVA Aerial Photos LLC ’ operations adhere to the Reform Act’s safety requirements.The fact the pilot is also an FAA Certifi cated Air Traffic Controller and former flight crew member for

Air Force Special Operations Command demonstrates NoVA Aerial Photos LLC ’ s high re gard for safe operations with a comprehensive understanding of FARs, preflight inspections, knowledge of
operat ions and differences in airspace c lassifications, maintenance and repair, as well as being trained to high safety standards.

Under the requested exemption, NoVA Aerial Photos LLC ensures all operators have completed sUAS education and training programs in cluding all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars, Radio Communications Procedures, Human Factors and Crew Resource Management, Basic sUAS Aerodynamics, We ather factors, and Airmanship and Decision

- making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable NoVA Aerial Photos LLC to operate efficient, limited, low

- risk commercial sUAS operations for the activities st ated respecting at all times the space and privacy of citizens and property while keeping airspace safe.

Sincerely,

David M. Hansell

Director
NoVA Aerial Photos LLC 7553 Millpond Ct, Warrenton VA 20187

804

- 868

- 8432 novaaerialphotos@gmail.comEXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

NoVA Aerial Photos LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Ai rworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 3 under either, or both, of the following provisions:

21.191 Exp erimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipme nt, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to s how compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental
certificate can b e used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certifi cated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, ci ting the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in
letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO
and others in the vicini ty of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finall y, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater.14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 C ommercial pilot

privileges and limitations. The regulation provides that no person who holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot
in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that th e PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct
a business.

1 4 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual
information is available to th e aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would

not be available to the crew during flight operations. To obtain an equivalent leve l of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrumen t flight and certain flight tests. The regulation states "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground

- based control station
consists of a hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

- on" the controls during fl ight, this technique meets the intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, v essel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over pro perty or persons where permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface . Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.CFR 91.121 Altimeter settings.

The regulation requi res that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

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

14 CFR 91.151 Fuel requirement s for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least
30 minutes. We fe el the intent of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 23 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation w ith the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the airc raft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentat ion, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard contain ing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401

- 91.417

- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible fo r maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. I t is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition c onduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

board computer. All oth er maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equi valent level of safety.