**April 5, 2014** 

**United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12** 

**- 140 Washington, DC 20590** 

**Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012**

**Dear Sir or Madam: I am writing pursuant to the FAA Modernization and Reform Act of 20121 (the “Reform Act”) and the procedures contained in 14 C.F.R. 11, to request that Camera Artistry**  **Photography an owner and operator of small unmanned aircraft, be exem pted from the Federal**  **Aviation Regulations (“FARs”) listed below so that Camera Artistry Photography may operate its small unmanned aircraft / lightweight unmanned aircraft systems (“UAS”) commercially in airspace**  **regulated by the Federal Aviation Administ ration (“FAA”). As identified and described herein, Larry L.**  **Letzer Sr. and Larry L. Letzer Jr. and their company Camera Artistry Photography, are experienced, recognized veterans in the photography graphic design and website development industry. Larry**  **Sr. and his company have been providing quality services to their clients since 1974. Mr. Letzer Jr. has**  **also been an avid Radio Controlled model builder and operator for over 15 years. Mr. Letzer Sr. holds**
**a FAA Commercial certificate and is Instrument qualified. They are looking to add a valuable service to**  **his clients through Camera Artistry Photograph through the use of a small, lightweight UAS as several of his clients have requested this type of service. Primary uses will be low altitude aerial phot**  **ography for use on client websites and print pieces and video for use on client websites.**  **Larry Jr. has operated** 
**his current UAS on several occasions non**

**- commercially without incident. The UAS utilizes battery**  **power, not combustible fuels. Flight time rang es between 5 and twenty minutes. The UAS has GPS**  **functionality to hover in place as well as a return to home function in case of loss of contact with the radio. It has an audible and visual warning system and will start to descend slowly if battery power** 

**r eaches 25%. The failsafe software will disable the UAS from taking off and also limit the UAS systems**  **from operating within specific GPS preset no**

**- fly zones. Camera Artistry Photography exemption**  **request would permit its operation of lightweight, unmanned (piloted by remote control) and**  **comparatively inexpensive UASs in tightly controlled and limited airspace. Currently, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience,**  **safety plan or controls in place to prevent catastrophe. It is only logical to allow Larry L. Letzer Jr. , an**  **experienced remote control pilot, to operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as Camera Artistry Photography resear** **ches flight data and other information gained through permitted flight operations. Granting this request comports with**  **the Secretary of Transportation’s (FAA Administrator’s) responsibilities to not only integrate UASs into the national airspace system, bu**  **t to “...establish requirements for the safe operation of such aircraft systems [UASs] in the national airspace system” under Section 333(c) of the Reform Act. Further,**  **Camera Artistry Photography will conduct its operations in compliance with the protocols**  **described**
**herein or as otherwise established by the FAA.** 

**For the reasons stated below, Camera Artistry Photography**  **respectfully requests the grant of an exemption allowing it to operate lightweight, remote controlled UAS’s. 1. Contact Information**  **: Larry**
**L. Letzer Jr. and**  **Camera Artistry Photography 2908 Oak Hill Drive Copperas Cove, Texas 76522. e**

  ** mail:** **studio@hot.rr.com 2. The Specific Sections of Title 14 of the Code of Federal Regulations From**  **Which We Request Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R.**  **91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). U.S. Dep’t of Transp. 3. The Extent of Relief**  **Camera Artistry Photography Seeks and the Reason It Seeks Such Relief:**  **Camer a** 

**Artistry Photography submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331** 

**- 334, seeking relief from any currently applicable FARs operating to prevent**  **Camera Artistry Photography**  **contemplated commercial cinematic, research and ot her flight operations within the**  **national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so.**  **Our lightweight UAS meet s the definition of “small unmanned aircraft” as defined in Section 331 and**  **therefore the integration of our lightweight UAS is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS prior to the time period by which the Ref** **orm Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining**  **the types of UASs that may operate safely in our national airspace system. Considerations include: • The weight, size, speed and overall**  **capabilities of the UAS; • Whether the UAS will be operated near airports or populated areas; and, • Whether the UAS will be operated by line of sight. 112 P.L. 95 §**  **333 (a). Each of these items militates in favor of an exemption for Camera Artistry Phot**  **ography . Our** 
**UAS utilizes four counter**

**- rotating propellers for extreme balance, control and stability. It weighs less**  **than 5 pounds, including battery and all equipment. This small unmanned aircraft is designed to primarily hover in place and operate at le**  **ss than a 50 knot maximum speed. It is capable of vertical and horizontal operations but operate only within the line of sight of the remote control pilot. In**  **addition to the remote control pilot, we us a spotter, such that, at minimum, two Camera Artistry**  **Photography personnel govern the safe flight of the aircraft at all times.** 

**Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. We do not operate the UAS with less than twenty five percent battery cap**  **acity. Safety systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff**  **location if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. We generall**  **y do not operate the UAS near airports or near populated areas. To date, we have only operated the UAS in a noncommercial manner. Our operation**  **of this small unmanned aircraft will not “create a hazard to users of the national airspace system or the public**  **.” 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS, combined with its operation in cordoned off and well** 

**- controlled areas, this falls within Congress’s contemplated safety**  **zone when it promulgated the Reform Act and the corresponding dire ctive to integrate UASs into the**  **national airspace system. Indeed, our UAS will not pose any threat to the general public or national security. The FAA has the authority to issue the exemption sought by**  **Camera Artistry Photography pursuant to the Federal A** **viation Act, 85 P.L. 726 (1958), as amended (the “Act”). 4. How this Request**
**Will Benefit the Public a**  **s A Whole: Granting this exemption request furthers the public interest. First, Congress has already pronounced that it is in the public’s interest to int** **egrate commercially flown UASs into the national airspace system, hence the passing of the Reform Act. Second,**  **Camera Artistry Photography**  **conducts research into safe UAS operations every time it flies its UAS. Flight data, visual inspections, recorded obs**  **ervations and flight analyses are compiled to further enhance current safety protocols. Allowing us to log more flight time directly relates to our research and our ability to further**  **enhance current safety measures. Third, the public has an interest in re ducing the danger and**  **emission associated with current aerial cinematic capture methods, namely, full size helicopters. Our UAS is battery powered and creates no emissions. If our UAS crashes there is no fuel to ignite and**  **explode. The impact of our lightw eight UAS is negligible when compared to a full size helicopter,**  **notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public’s interest is furthered by minimizing ecological and crash impac** **ts by**

**permitting photo and motion picture capture through our lightweight UAS. Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution.**  **Indeed, Congress mandated the integration of UASs into our national airspace system, in part, to**  **achieve progression in this noteworthy, and inevitable, field. Permitting Camera Artistry Photography**  **to immediately fly within the United States furthers these goals. Whether it is the amalgam of**
**scientific discoveries applicable to feature film making (including those drawing upon architecture,**  **physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel /**  **first responders that does not cost millions of dollars, granting this exemption request substantially furthers the public’s interest in**  **ways known and currently unknown. Granting this request will also allow small business owners and**
**home owners to be ab le to afford high quality aerial images and video that they would otherwise**  **have no access to due to several factors, cost being the biggest.**

**5. Reasons Why Camera Artistry Photography**  **Exemption Will Not Adversely Affect Safety Or How The Exemption Will Pr** **ovide a Level of Safety At Least Equal To Existing Rule: This exemption will not adversely affect safety. Quite the contrary, for the reasons stated, supra, permitting**  **Camera Artistry Photography**  **to log more flight time in FAA controlled airspace will allo w us to innovate and**  **implement new and novel, as of yet undiscovered safety protocols. In addition, we submit the following representations of enhancements to current aerial photo and motion picture capture**  **techniques: • Our UAS weighs less than 5 pounds c omplete with all mounted equipment and battery;**  **• We only operate our UAS below 400 feet; • Our UAS only operates for 5**

**- 20 minutes per flight; • We**  **land our UAS when it reaches 25% battery power; • Our remote control pilot operates the UAS by line of sight**  **; • Our remote control pilot has video backup should he somehow lose sight of the UAS; • We staff each flight with a remote control pilot and spotter with communication systems enabling real**  **time communication between them; • Our UAS has GPS flight modes whereby it hovers, returns to**  **takeoff position and then slowly lands if communication with the remote control pilot is lost or battery power is below 25%; • We actively analyze electronic flight data and other sources of**  **information to constantly update and enhance safety protocols; • We conduct extensive briefings**  **prior to flight, during which safety carries primary importance, and; • We have procedures in place to abort flights in the event of safety breaches or potential danger. Our safety protocols p**  **rovide a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is**  **important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary mean**  **s of aerial motion picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS.**  **First, the potential loss of life is diminished because UASs carry no people on board an d**  **Camera Artistry Photography**  **only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the**  **small size and extreme maneuverability of our UAS allows our remote control pilot to avoid hazards.**  **Lastly, given their small size and weight, even when close enough to capture amazing images, our UAS needs not be so close to the objects it is focused on. Accordingly, our UAS has operated and wil**  **l continue to operate at and above current safety levels.** 

**6. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness** **Certific ates, sets forth requirements for procurement of necessary airworthiness certificates in** 

**relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Camera Artistry**  **Photography UAS permits exemption from Part 21 because**  **Camera Artis try Photography**  **UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to**  **exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Ref** **orm Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability**  **and proximity to areas such as airports and dense populations. Camera Artistry Ph**  **otography UAS**  **meets or exceeds each of the elements. 14 C.F.R. 91.7(a) 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 inapplica ble. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the**  **aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual**  **at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos.**  **8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicabl**  **e insofar as Camera Artistry Photography’s**  **UAS utilizes electronic global positioning systems and internal gyroscopes to provide spatial coordination.**  **14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrati ons.**  **They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations**  **at Camera Artistry Photography flight**  **operations center. B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications.**  **Camera Artistry Photography**  **UAS is, by definition, unmanned. It therefore does not have a cabin, cockpit or pilot**  **station on which to mark certain words or phrases. Further, two**

**- inch lettering is difficult to place on**  **such small aircraft. Regardless, Camera Artistry Photography**  **will mark its UAS in the largest possible lettering by pla**  **cing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has**  **previously issued exemptions to this regulation through Exemptions No s. 8738, 10167, 10167A and** 
**10700.**

**C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non** 

**- commercial operations.**  **Camera Artistry Photography can**  **achieve an equivale nt level of safety as achieved by current Regulations because**  **Camera Artistry Photography**  **UAS does not carry any pilots or passengers. Further, while helpful, a pilot license for**  **Larry L. Letzer Jr. will not ensure remote control piloting skills.**  **As stated , Larry L. Letzer Sr. is an FAA** 
**certified aviator. Further, the risks attendant to the operation of**  **Camera Artistry Photography UAS is**  **far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing**  **C amera Artistry Photography**  **to operate its UAS with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). D. 14 C.F.R. 91.119:**  **Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitud es for the operation of civil aircraft.**  **It allows helicopters to be operated at lower altitudes in certain conditions. Camera Artistry**  **Photography UAS will never operate at an altitude greater than 400 AGL.**  **Camera Artistry Photography**  **will, however, operat e its UAS in cordoned off areas with security perimeters, providing**  **a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of**  **Camera Artistry Photograpy UAS, an equivalent lev** **el of safety will be achieved. E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.** 

**The above**

**- cited Regulations require, amongst other things, aircraft owners and operators to “have**  **[the] aircraft inspected as prescribe d 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. . . .” These Regulations only apply to aircraft with an airworthi**  **ness certificate. They will not, therefore, apply to**  **Camera Artistry should its requested exemption be granted.**  **Camera Artistry Photography**  **conducts an extensive maintenance program that involves regular software updates and curative measures for any damag**  **ed hardware. Therefore, an equivalent level of safety will be achieved. F. Summary**  **Camera Artistry Photography seeks an exemption from the following**  **Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (**  **a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 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) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407**  **(a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to**  **commercially operate its lightweight unmanned aircraft vehicle in motion picture or photography operations and to conduct its own research.**  **Granting Camera Artistry Photography request for**  **exemption wil l reduce current risk levels and thereby enhance safety. Currently, motion picture image**  **capture relies primarily on the use of larger aircraft running on combustible fuel. Camera Artistry**  **Photography craft does not contain potentially explosive fuel, is s**  **maller, lighter and more maneuverable than conventional motion picture aircraft. Further,**  **Camera Artistry Photography operates at lower altitudes and in controlled airspace**  **. Camera Artistry Photography has been**  **analyzing flight data and other information i n compiling novel safety protocols and the**  **implementation of a flight operations manual that exceeds currently accepted means and methods of safe flight. There are no people on board**  **Camera Artistry Photography UAS and therefore the** 
**likelihood of death or serious bodily injury is significantly limited.**  **Camera Artistry Photography operation of its UAS, weighting less than 5 pounds and travelling at speeds lower than 50 knots in**  **cordoned off areas will provide at least an equivalent level of safety as that ac hieved under current** 

**FARs.**

**Accordingly, Camera Artistry Photography**  **respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by**  **Camera Artistry Photography**  **pursuant to the Federa l Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”). In**  **closing, I would like to state that it would be very easy to ignore the FAA and operate a UAS commercially without applying for any consideration from them. I have seen and spoken with several**  **people who are already doing so. I hope the simple fact that someone such as myself who operates a very small business and will be operating a UAS on a very small scale is applying for this exemption**  **shows how serious I am about safety and doing things pro perly. Thank you very much for your time** 
**and consideration.**

**Respectfully submitted,**

**Larry L. Letzer Jr. Partner, Camera Artistry Photography 2908 Oak Hill Drive Copperas Cove, Texas**
**76522**