U.S. Department

of Transportation Docket Management System 1200 New Jersey Ave., SE Washington

DC 20590

Soaring Photography,

Inc. 11 05 Dalton Road Honeoye Falls, New York

1 4472 November

3, 2015 Re: Exemption Petition Pursuant

to Section 333 ofthe FAA Reform Act and Part

1 1 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuant

to Section 333 of the FAA Modernization

and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Soaring Photography,

Inc., operator

of an Unmanned Aircraft System (UAS), hereby applies
for an exemption from the listed Federal Aviation Regulations ("F ARs")

to allow commercial operation

of its UAS,

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. Commercial Purposes: Commercial operation

of an UAS,

as described herein, which are equipped with camera(s) and sensors, would operate

in the following manner: 1. Aerial photography and/or video for public and/or private use including
real estate, architecture,
land surveying, agriculture, engineering

and other related professional activities. 2. Aerial video and /o
r photography

for public and/or private use including television, public events

, cinematography

and news gathering. 3. Aerial inspection/photography

of residential

/ commercial structures under contract with the owners

or local government authority. 4. Aerial video/photography

of sporting events

.

# As described fully below, the requested exemption would permit the operation

of
a UAS under controlled conditions

in the NAS that would
be a) limited

b) controlled

c) predetermined

and d) will provide safety enhancements

to the already safe operations

in the industry presently using conventional aircraft. Approval

of this exemption would 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 systems in the national airspace system." Contact Information: 

# The name and address

of the applicant

is: Soaring Photography,

Inc. Attn: Scott



# J. Koch 1105 Dalton Road Honeoye Falls, New York 14472 Ph: 585-704-8329 Email: scottjkoch@gmail.com Regulations from which the exemption

is requested: 

# 14 CFR Part 21 subpart

H 14 CFR 45.23 (b) 14 CFR 61.113
(a) & 

# (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR
91

. 119 (c) 14 CFR 91.121 14 CFR 91.151

(a) 14 CFR 91.203

(a) & 

# (b) 14 CFR 91.405
(a) 14 CFR 91.407
(a) (1) 14 CFR 91.409
(a) (2) 14 CFR 91.417
(a) 

# & (b)UAS Specifications: Soaring Photography

will operate the DJI Inspire

1, Model

T 600, with

a total weight

of 2935g

or
6

. 47lbs. The dimensions

are 438mm

x 451mm

x 301mm

or 17.24 inch

x 17

. 75 inch x 11

. 85 inch. Under still air the maximum speed

is no more than 22m/s
or 49mph with

a cruising speed
of 11m/s
or 25mph. 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, Motor Model DJI 3510, powered

by

a 6-cell4500mAh

or 5700mAh Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345,

in use. The DJI Inspire

1 will be controlled with the C 1 remote controller with an operating frequency

of 2.400GHz

- 2.483GHz.

The live video feed will have an operating frequency

of 5.728GHz

- 5.850GHz. The applicant
will operate
the UAS
in line of sight within

a closed off and predetermined area owned and/operated

by the property representative. Given the small size of the UAS and the controlled environment provided

the proposed operations
will adhere

to the Reform Act

' s safety requirements.

The approval ofthis application presents

no national security issues

. Regarding

the level of safety surrounding the proposed operations

and the public benefit, reduction

in environmental impacts, including

but not limited

to reduced emissions

and noise, the grant of the requested exemption

is in the public interest. Accordingly

the applicant requests that th e FAA grant the requested exemption with mini mum
de

l ay

. Equivalent Level
of Safety: The operation limitations proposed

for an equivalent

or higher level of safety because operations
will further enhance
the safety
of the persons and/or property using conventional aircraft

. These limitations

and conditions

to which the applicant agrees

to adhere

to when conducting commercial operations under the FAA issued exemption

as set forth

in the Flight Operations Manual (FOM) include: 

### 1. The UAS will weigh less than

5 5 lb
s . 2. The UAS will have

a maximum operating speed
of no more than 50mph. 3

. Flights will be operated within line of sight of the Pilot
in Command (PIC)

a nd

/ or Visual Observer (VO). 4. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated

at 25% battery power reserve

or 30 minutes

of flight time whichever occurs first. 5. Flights will be operated

at an altitude

of no more than 400
fe e t Above Ground Level (AGL) and not more than 200 feet above
an elevated platform from which filming

is planned.6

. Minimum crew for each operation
will consist ofthe UAS Pilot, the Visual Observer (VO) and may include but not limited

to
a Camera Operator. 7

. The UAS pilot will be

a designated Pilot in Command (PIC) and hold

a Commercial Pilot's License along with

a Second

or higher Class Medical Certificate

. If the PIC feels another operator

to be qualified with the necessary skills
to be PIC & possess

a Commercial Pilot's License along with

a Second

or higher Class Medical Certificate, that person may be designated
PIC provided they have

a minimum

of 20 hours
of flight time with the UAS. 8. A briefing will be performed regarding

the planned UAS operations prior
to each day's flight consisting

of all the days' production activities. 9

. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 10

. The flights will occur no closer than

a 

### 5 mile radius
of the geographic center

/ Airport Reference Point (ARP)
of
a tower controlled

or uncontrolled airport. 11

. If operations
will be within

a 5 mile radius
of the geographic center

/ Airport Reference Point (ARP)
of
a tower controlled

or uncontrolled airport the respective airports will be contacted advising them ofthe estimated flight time, flight duration, elevation

of flight and other pertinent information. 12

. The operator will file FAA Form 7711-1,

or its equivalent,

as modified

in light ofthe requested exemption,
with the appropriate local Flight Standards District Office (FSDO)

no more than 72 hours but no less than 48 hours from planned operation. 13

. The operator will obtain verbal/written consent

of all persons involved with the planned operation
and ensure that only consenting persons will be allowed within 100 feet of the flight operation,
and the radius may be reduced

to 3 0 feet based upon an equivalent level of safety determination,

as required under the FOM

. With the advanced permission

of the FSDO

, operations

at closer range may be approved

. 14

. The PIC and VO will have been trained

in operation ofUAS and receive up-to-date information

for the particular UAS
to be operated. 15. The PIC and VO will be able to communicate

by voice, radio, and/or text
at all times. 16

. Written and/or verbal permission

and permits will be obtained from territorial, state, county

or city jurisdictions, including
law enforcement,

fire or other appropriate governmental agencies. 17. If the UAS loses communications

with the remote controller

or loses GPS signal, the UAS will have the capability

to return

to
a pre-determined location within

a designated location
and land autonomously. 18

. Th
e UAS will have the capability

to abort

a flight
in case ofunpredicted obstacles

, w e ather

, or emergencies

.

# Exemption Requests

: 14 C.F.R. Part 21, Subpart

H: Airworthiness Certificates

14 C.F.R. §91.203

(a) (1) 

# Subpart

H, entitled Airworthiness Certificates, establishes

the procedural requirements

for the issuance

of airworthiness certificates

as required

by FAR §91.203

(a) (1). Given the size and limited operating area associated
with the aircraft

to be utilized

by the Applicant,

an exemption from Part 21 Subpart

H meets the requirements

of an equivalent level of safety under Part
11 and Section
333 ofthe Reform Act. The Federal Aviation
Act (49 U.S.C.§44701

(f)) 

# and Section 333 ofthe Reform Act both authorize

the FAA
to exempt aircraft from the requirement for an airworthiness certificate, upon consideration

of the size, weight, speed, operational capability,

and proximity

to airports and populated areas of the particular UAS.
In all cases,
an analysis

of these criteria demonstrates

that the UAS operated without

an airworthiness certificate,

in the restricted environment

and under the conditions proposed
will be at least as safe,
or safer, than

a conventional aircraft (fixed wing
or rotorcraft) operating with an airworthiness certificate without
the restrictions

and conditions proposed

. The UAS

to be operated hereunder

is less than 55 lbs. fully loaded, carries neither

a pilot nor passenger, carries
no explosive materials

or flammable liquid fuels, and operates exclusively within

a secured and designated area. Unlike other civil aircraft, operations under this exemption
will be tightly controlled
and monitored

by both the operator
and under the requirements

and in compliance
with local public safety requirements.

The FAA will have advance notice
of all operations

. These safety enhancements provide

a greater degree
of safety
to the public and property owners than conventional operations conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart

H. Lastly, application

of these same criteria demonstrates

that there

is no credible threat

to national security posed
by the UAS, due to its size, speed
of operation, location

of operation, lack of explosive materials

or flammable liquid fuels, and inability

to carry

a substantial external load. 14 C.F.R.



# § 45.23 (b). Marking

of the Aircraft 

# The regulation require

s: When marks include only the Roman capital letter "N" and the registration number

is displayed

on limited, restricted

or light-sport category aircraft

or experimental

or provisionally certificated aircraft,
the operator must also display

on that aircraft near each entrance

to the cabin, cockpit,

or pilot station,

in letters not less than

2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental,"

or "provisional,"

as applicable. Even though the UAS will have no airworthiness certificate,

an exemption
may be needed

as the UAS will have no entrance

to the cabin, cockpit

or pilot station
on which the word"Experimental"canbeplaced.GiventhesizeoftheUAS,two-inchletteringwillbeimpossible.Theword"Experimental''willbeplacedonthefuselageincompliancewith§45.29(f).TheequivalentlevelofsafetywillbeprovidedbyhavingtheUASmarkedonitsfuselageasrequiredby§45.29(f)wherethepilot,observerandothersworkingwiththeUASwillseetheidentificationoftheUASas"Experimental."14C.F.R.§61.113(a)and(b):PrivatePilotPrivilegesandLimitations:PilotinCommand.Pursuantto14CFR61.113(a)&(b),nopersonwhoholdsaprivatepilotcertificatemayactasapilotincommandofanaircraftthatiscarryingpassengersorpropertyforcompensationorhire.SoaringPhotography,Inc.mayachieveanequivalentlevelofsafetyasachievedbycurrentRegulationsbecausetheapplicant'sUASdonotcarryanypilotsorpassengersnorproperty.TherisksattendanttotheoperationofUASisfarlessthantherisklevelsinherentinthecommercial activitiesoutlinedin14CFR61.ThePICoftheUASwillhaveaCommercialPilot'sLicensealongwithacurrentSecondClassorhigherMedicalexceedingthecurrentsafetylevelsinrelationto14CFR61.113(a)&(b).IfeeltheoperationandlimitationssetforthintheFOMwillequatetothesafeoperationoftheUAS.14C.F.R.§91.7(a):CivilAircraftAirworthiness.Theregulationrequiresthatnopersonmayoperateacivilaircraftunlessitisinairworthycondition.Astherewillbenoairworthinesscertificateissuedfortheaircraft,shouldthisexemptionbegranted,noFAAregulatorystandardwillexistfordeterminingairworthiness.Giventhesizeoftheaircraftformaintenanceanduseofsafetychecklistspriortoeachflightanequivalentlevelofsafetywillbeprovided.14C.F.R.§91.9(b)(2):CivilAircraftFlightManualintheAircraft.Section91.9(b)(2)provides:NopersonmayoperateaU.S.-registeredcivilaircraft...(2)ForwhichanAirplaneorRotorcraftFlightManualisnotrequiredby§21.5ofthischapter,unlessthereisavailableintheaircraftacurrentapprovedairplaneorRotorcraftFlightManual,approvedmanualmaterial,markings,andplacards,oranycombinationthereof.TheUAS,givenitssizeandconfigurationhasnoabilityorplacetocarrysuchaflightmanualontheaircraft,notonlybecausethereisnopilotonboard,butbecausethereisnoroomorcapacitytocarrysuchanitemontheaircraft.TheequivalentlevelofsafetywillbemaintainedbykeepingtheflightmanualatthegroundcontrolpointwherethepilotflyingtheUASwillhaveimmediateaccesstoit.14 C.F.R.

§ 91.103: Preflight Action. This regulation requires each pilot
in command

to take certain actions before flight
to insure the

s afety of flight. As FAA approved rotorcraft flight manuals will not be provided

for the aircraft

an exemption
will be needed. The PIC will take all actions

as stated

in the FOM
in Section

4 under Normal Procedures including
but not limited

to reviewing weather, flight battery requirements,

l anding and takeoff distances
and aircraft performance

data before initiation

of flight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate

a civil aircraft (except

a manned free balloon) that
is being used for flight instruction unless that aircraft has fully functioning
dual controls

. UAS and remotely piloted aircraft,

by their design
do not have fully functional
dual controls

. Flight control

is accomplished through
the use of
a control box that communicates with the aircraft via radio communications

. The FAA
has approved exemptions

for flight training without fully functional
dual controls

for

a number

of aircraft and for flight instruction

in experimental aircraft. The equivalent level of safety provided

by the fact that neither

a pilot nor passengers
will be carried

in the aircraft and by the size and speed
of the aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes
safe altitudes

for operation

of
c ivil aircraft.

Se
c tion 91.119
(d) allows helicopters

to be operated

at less than the minimums prescribed, provided

the person operating

the helicopter complies with an y route
or altitudes prescribed

for helicopters

by the FAA

. As this exemption

is for

a UAS that
is a helicopter

and the exemption requests authority

to operate

at altitudes

up to 400 AGL

, or not more than 200 above
an elevated platform from which filming

is planned,

an exemption
may be need

e d to allow such operations.

As set forth herein, the UAS will never operate

at higher than 400 AGL with the exception
that in circumstances where the UAS

is used
to survey

or photograph

a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure

. It will however

be operated

in
a restricted area with security perimeter, where buildings
and people will not be exposed

to operations without their pre-obtained consent. The

e quivalent level of safety will be achieved given the size, weight, speed
of th e UAS
as well
as the location where

it is operated

. No flight will be taken without
the permission

of the property owner

or local officials. Because

of the advance notice

to the property owner and participants

in the filming activity

, all affected individuals

will be aware
of the planned flight operations. Compared

to flight operations with aircraft

or rotorcraft weighting

far more than the maximum 55lbs

. proposed herein and the lack of flammable

fuel

, any risk associated withtheseoperationsisfarlessthanthosepresentlypresentedwithconventionalaircraftoperatingatorbelow500AGL.Inadditiontthelow-altitudeoperationsoftheUASwillensureseparationbetweentheseUASoperationsandtheoperationsofconventionalaircraftthatmustcomplywithSection91.119.14C.F.R.§91.121AltimeterSettings.Thisregulationrequireseachpersonoperatinganaircrafttomaintaincruisingaltitudebyreferencetoanaltimeterthatisset"...totheelevationofthedepartureairportoranappropriatealtimetersettingavailablebeforedeparture."AstheUASmaynothaveabarometricaltimeter,butinsteadaGPSaltitudereadouttanexemptionmaybeneeded.Anequivalentlevelofsafetywillbeachievedbytheoperator,pursuanttothesafetychecklistandliveflightdatamonitoring,confirmingthealtitudeofthelaunchsiteshownontheGPSaltitudeindicatorbeforeflight.14C.F.R.§91.151(a):FuelRequirementsforFlightinVFRConditionsSection91.151(a)prohibitsanindividualfrombeginning"aflightinanairplaneunderVFRconditionsunless(consideringwindandforecastweatherconditions)thereisenoughfueltoflytothefirstpointofintendedlanding,and,assumingnormalcruisingspeed-(1)Duringtheday,toflyafterthatforatleast30minutes;or(2)Atnight,toflyafterthatforatleast45minutes."ThebatterypoweringtheUASprovidesapproximately30minutesofpoweredflight.Tomeetthe30minutereserverequirementin14CFR§91.151,UASflightswouldbelimitedtoapproximately10minutesinlength.GiventhelimitationsontheVAS'sproposedflightareaandthelocationofitsproposedoperationswithinapredeterminedarea,alongertimeframeforflightindaylightortwilightVFRconditionsisreasonable.Applicantbelievesthatanexemptionfrom14CFR§91.15l(a)fallswithinthescopeofpriorexemptions.OperatingtheUAS,inatightlycontrolledareawhereonlypeopleandpropertyownersorofficialrepresentativeswhohavesignedwaiverswillbeallowed,withlessthan30minutesofreservefuel,doesnotengenderthetypeofrisksthatSection91.151(a)wasintendedtoalleviategiventhesizeandspeedofthesmallUAS.Additionally,limitingUASflightsto10minuteswouldgreatlyreducetheutilityforwhichtheexemptionwillbegranted.Applicantbelievesthatanequivalentlevelofsafetycanbeachievedbylimitingflightsto30II:J.inutesor25%ofbatterypower-whicheverhappensfirst.ThisrestrictionwouldbemorethanadequatetoreturntheUAStoitsplannedlandingzonefromanywhereinitslimitedoperatingarea.14C.F.R.§91.203(a)and(b):CarryingCivilAircraftCertificationandRegistrationTheregulationprovidesinpertinentpart:(a)Exceptasprovidedin§91.715,nopersonmayoperateacivilaircraftunlessithaswithinitthefollowing:(1)Anappropriateandcurrentairworthinesscertificate....(b)Nopersonmayoperateacivilaircraftunlesstheairworthinesscertificaterequiredbyparagraph(a)ofthissectionoraspecialflightauthorizationissuedunder§91.715isdisplayedatthecabinorcockpitentrancesothatitislegibletopassengersorcrew.TheUASfullyloadedweighsnomorethan55lbs.andisoperatedwithoutanonboardpilot.Assuch,thereisnoabilityorplacetocarrycertificationandregistrationdocumentsortodisplaythemontheUAS.AnequivalentlevelofsafetywillbeachievedbykeepingthesedocumentsatthegroundcontrolpointwherethepilotflyingtheUASwillhaveimmediateaccesstothem,totheextenttheyareapplicabletotheUAS.14C.F.R.§91.405(a);407(a)(1);409(a)(2);417(a)&(b):MaintenanceInspections.Theseregulationsrequirethatanaircraftoperatororowner"shallhavethataircraftinspectedasprescribedinsubpartEofthispartandshallbetweenrequiredinspections,exceptasprovidedinparagraph(c)ofthissection,havediscrepanciesrepairedasprescribedinpart43ofthischapter...,"andothersshallinspectormaintaintheaircraftincompliancewithPart43.GiventhatthesesectionandPart43applyonlytoaircraftwithanairworthinesscertificate,thesesectionswillnotapplytotheapplicant.Maintenancewillbeaccomplishedbytheoperatorpursuanttotheflightmanualandoperatinghandbook.AnequivalentlevelofsafetywillbeachievedbecausetheUASisverylimitedinsizeandwillcarryasmallpayloadandoperateonlyinrestrictedareasforalimitedperiodoftime.IfmechanicalissuesarisetheUAScanlandimmediatelyandwillbeoperatingfromnohigherthan400feetAGL.TheoperatorwillensurethattheUASisinworkingorderpriortoinitiatingflight,performrequiredmaintenance,andkeepalogofanymaintenanceperformed.Moreover,theoperatoristhepersonmostfamiliarwiththeaircraftandbestsuitedtomaintaintheaircraftinanairworthyconditiontoprovidetheequivalentlevelofsafety.AnequivalentlevelofsafetywillbeachievedbecausemaintenanceandinspectionswillbeperformedinaccordancewiththeUASManufacturer'sUserManual.Asprovidedinthe

# FOM, the operator will ensure that the UAS

is in working order prior
to initiating flight and perform required maintenance needed. Additional Information: 

# The applicant, Scott

J. 

# Koch,

is an experienced
pilot with commercial instrument training

on multi-engine
rotor craft and
is qualified

on UH-60 and UH-1 aircraft. Scott

J. Koch will serve

as the primary pilot. Satisfaction

of criteria provided

in Section

33 3 of the Reform Act of 2012 provide more than adequate justification

for the grant of the requested exemptions
allowing

the commercial operation

of the applicant's UAS

. For the foregoing reasons,

an exemption

is respectfully requested from the within cited regulations.

Very truly yours, 

# ~!:' Soaring Photography,

Inc., Pres.