2/22/2016

U.S.	Department	of	Transportation	

Docket	Operations,	M-30

1200	New	Jersey	Ave.,	SE.,	Room	W12-140

Washington,	DC	20590

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act

Dear	Sir	or	Madam:	

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

and	14	CFR	Part	11,	Aerial	Photo	&	Video,	a	small	business	focused	on	commercial	property	

video	and	still	photography,	hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation	

Regulations	to	allow	commercial	operation	of	its	Small	Unmanned	Aircraft	System	platform	DJI	

Series,	Inspire	1.	Aerial	Photo	&	Video	will	provide	on-demand	use	of	Small	Unmanned	Aircraft	

Systems	(‘sUAS”)	for	private	sector	clients	to	produce Videography	and	Photography specific	

toward	commercial	site	development	so	long	as	such	operations	are	conducted	within	and	

under	the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	

Section	333.

As	detailed	in	this	document,	the	requested	exemption	would	permit	UAS	operation	under	

controlled	conditions	in	airspace	that	is	1)	limited	2)	predetermined	3)	controlled	as	to	access	

and	4)	would	provide	safety	enhancements	to the	already	best	practices	safety	protocols	

followed	by	Aerial	Photo	&	Video.	Approval	of	this	exemption	thereby	enhance	safety	and	fulfill	

the	Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	“...establish	

requirements	for	the	safe	operation	of	such	aircraft	system	in	the	national	airspace	system.”	

Section	333(c)	of	the	Reform	Act.	

The	name	and	address	of	the	applicant	is:

Aerial	Photo	&	Video

655	Enterprise	Drive	Apt.	117

Rohnert	Park,	CA	94928

Steven	Nagy	

Phone:	(707)	225-4723

E-mail:	apv707@gmail.com
1. Statutory	Authority	for	Exemptions

The	Federal	Aviation	Act	expressly	grants	the	FAA	authority	to	issue	exemptions.	This	statutory	

authority	includes	exempting	civil	aircraft,	as	the	term	is	defined	under	§40101	of	the	Act,	

including	sUAS,	from	the	requirement	that	all	civil	aircraft	must	have	a	current	airworthiness	

certificate.	

The	Administrator	may	grand	an	exemption	from	a	requirement	of	a	regulation	prescribed	

under	subsection	(a)	or	(b)	of	this	section	or	any	sections	44702-44716	of	this	title	if	the	

Administrator	finds	the	exemption in	the	public	interest.	49	U.S.C.	§44701(f)	See	also	49	USC	

§44711(a);	49	USC	§44704;	14	CFR	§91.203(a)	(1).	Section	333(b)	of	the	Reform	Act	assists	the	

Secretary	in	determining	whether	sUAS	may	operate	in	the	National	Airspace	System	(NAS)	

without	creating	a	hazard	to	the	user,	the	public,	or	a	threat	to	national	security.	In	making	this	

determination,	the	Secretary	must	consider:	

The	sUAS size,	weight,	speed	and	operational	capability

Weather	the	sUAS	operates	within	the	visual	line	of	sight	of	the	operator

Weather	the	sUAS	operates	outside	of	highly	populated	areas	and	away	from	close	

proximity	to	airports

Aerial	Photo	&	Video	will	be	operating	with	the	DJI	Inspire	1	sUAS	with	a	total	weight	of	2935g	

or	6.47	lbs.	The	dimensions	are	438mm	x	451mm x	301mm	or	17.24	inches	x	17.75	inches	x	

11.85	inches.	Under	still	air,	the	DJI	Inspire	1	has	a	maximum	speed	of	no	more	than	22	m/s	or	

49.21	mph.	The	DJI	Inspire	1	has	the	ability	to	hover	and	move	along	a	vertical	and	horizontal	

plane	simultaneously.	The	DJI	Inspire	1	has	four	motors,	model	number	DJI	3510,	powered	by	a	

4500	mAh,	6s,	22.2v	Lithium	Polymer	battery.	There	are	four	propellers,	model	DJI	1345	in	use.	

The	DJI	Inspire	1	will	be	controlled	with	one	or	two	DJI	transmitters	with	an operating	

frequency	of	2.4GHz	– 2.483GHz.	The	live	video	feed	with	have	an	operating	frequency	of	5.78	

GHz	– 5.85GHz.	 The	sUAS	has	automatic	flight	limits	that	prevent	flying	in	category	A	and	B	

airspace,	and	limits	altitude	and	takeoff	ability	within	5	miles	of	the	same.	In	the	event	of	a	low	

battery	or	loss	of	signal,	the	sUAS	has	a	“return	to	home”	feature	that	will	automatically	bring	

the	device	back	and	lands	it	in	the	original	take	off	area,	or	designated	landing	area.	While	the	

sUAS	has	a	flight	altitude	limit	set	at	120	meters,	for	my	use	it	will	not	exceed	an	altitude	of	100	

meters,	and	will	only	operate	in	the	pilot’s	visual	line	of	sight	at	all	times.	Such	operations	will	

insure	that	the	sUAS	will	“not	create	hazard	to	users	of	the	national	airspace	system	or the	

public.”	Reform	Act	Section	333(b).	

Given	the	small	size	of	the	sUAS	involved	and	the	restricted	and	sterile	environment	within	
which	they	will	operate,	our	application	falls	squarely	within	the	zone	of	safety	in	which	

Congress	envisioned	that	the	FAA	must,	by	exemption,	allow	commercial	operations	of	sUAS	to	

commence	immediately.	Also	due	to	the	small	size	of	the	sUAS	and	the	low	altitudes	and	

restricted	areas	in	which	the	sUAS	will	operate,	approval	of	the	application	presents	no	national	

security issue.	

2. Public	Interest

This	exemption	application	is	expressly	submitted	to	fulfill	Congress’	goal	in	passing	Section	

333(a)	through	(c)	of	the	Reform	Act.	This	law	directs	the	Secretary	of	Transportation	to	

consider	whether	certain	unmanned	aircraft	systems	may	operate	safely	in	the	NAS	before	

completion	of	the	rulemaking	required	under	section	332	of	the	Reform	Act.	By	granting	an	

exemption	the	FAA	will	fulfill	Congress’s	intent	of	allowing	the	sUAS	to	operation	with	

significant	safety	precautions	in	low	risk	environments.	

The	sUAS use	in	commercial	development	provides	an	extreme	benefit	to	the	public	as	

individuals	and	local	businesses	make	large	purchases	or	investments.	This	new	technology	

gives	prospective	buyers	a	strategic	advantage	and	increases	the	marketing	value	of	the	seller’s	

and	lessor’s	property.	Inspections	of	vacant	land,	and	older	structures,	with	the	sUAS	is	much	

safer	than	with	a	small	aircraft,	as	the	aircraft	flight	can	be	costly,	unsafe,	and	more	time	

consuming	than	a	sUAS.	The	ability	to	film	the	property	and	send	photos	and	videos	to	

potential	investors	increases	the	likelihood	of	positive	reflection	for	those	who	might	be	

considering	development	in	the	area.	

3. Equivalent	level	of	safety

Aerial	Photo	& Video	will	be	bound	by	the	following	limitations	when	conducting	its	sUAS	

operations	under	a	FAA	issued	exemption:	

• The	sUAS	must	be	less	than	10	lbs.	

• Flights	will	be	operated	within	visual	line	of	sight	of	a	pilot.	

• Maximum	total	flight	time	for	each	operational	flight	will	be	20	minutes.	The	sUAS

calculates	battery	reserve	in	real	time,	and	will	return	to	its	ground	station	with	at	least	

20%	battery	power	reserve	should	that	occur	prior	to	the	15	minute	limit.	

• Flights	being	operated	never	exceeding	400	feet	AGL.

• The	sUAS	will	only	operate	within	a	planned	flight	profile,	unless	conditions	warrant	a	

different	path	due	to	changing	conditions	and	environment.	

• All	flights	will	be	conducted	within	set	guidelines	of	weather	constraints.	

• All	flights	will	be	conducted	5	NM	outside	of	designated	FAA	airports.	
• All	flights	will	have	prior	consent	from	property	owner	or	designee.

• Pilots	will	have	been	trained	in	operations	of	sUAS generally	and	received	up-to-date	

information	on	the	particular	sUAS.

• PIC	will	have	at	a	minimum	50	hours	of	logged	flight	time	with	the	specific	sUAS

• A	preflight	checklist	and	flight	log	will	be	completed	for	every	flight.	

• The	sUAS	will	undergo	routine	maintenance	and	all	battery	power	sources	will	have	full	

charge	prior	to	any	flight.	

• All	required	permissions	and	permits	will	be	obtained	from	territorial,	state,	country,	or	

city	jurisdictions,	including	local	law	enforcement,	fire,	or	other	appropriate	government	

agencies.

• If	the	sUAS	loses	communications	or	loses	its	GPS	signal,	it	will	have	the	capability	to	

automatically	return	to	a	pre-determined	location	within	the	Security	Perimeter	and	

land.	

4. Privacy

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	owner’s	prior	

consent	and	knowledge.	Images	taken	will	be	of	individuals	who	have	also	consented	to	being	

filmed	or	otherwise	have	agreed	to	be	in	the	area	where	aerial	photography	will	take	place.	

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012	– size,	weight,	

speed,	operating	capabilities,	proximity	to	airports	and	populated	areas,	and	operation	within	

visual	line	of	sight	and	national	security	– provide	more	than	adequate	justification	for	the	

grant	of	the	requested	exemptions	allowing	commercial	operation	of	applicant’s	sUAS	in	the	

private	sector	as	defined	above.	

Sincerely,

Steven	Nagy

Aerial	Photo	&	Video