April 17, 2015

Exemption No. 11369 Regulatory Docket No. FAA–2015–0109

Mr. Anthony Sydor

CEO Sydor Aerial Photography, LLC 1046 Autumn Lakes Circle, 3B Mishawaka, IN 46544

Dear Mr. Sydor:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 9, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Sydor Aerial Phot ography, LLC (hereinafter peti tioner or operator) for an exemption. The exemption would allow the petiti oner to operate an unmanned aircraft system (UAS) to conduct sUAS flights over construction sites during all phases of development. This would also include prelimin ary property surveying. UAS fli ghts will be used to capture aerial photos for the purpose of creat ing orthomosaics (image maps).

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.2

Airworthiness Certification

The UAS proposed by the petitione r is a DJI Phantom 2 Vision.

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consider ation of the size, weight, speed, and limited operating area associated with the aircraft a nd its operation, the Secret ary of Transportation

has determined that this airc raft meets the conditions of Section 333. Therefore, the FAA finds that the relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, S ydor Aerial Photography, LLC is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to a llow the petitioner to operate a UAS to perform aerial data collection. This exemption is subj ect to the conditions and limitations listed

below.3

Conditions and Limitations

In this grant of exemption, Sydor Aerial Photography, LLC is her eafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision when weighing less than 55 pounds in cluding payload. Propos ed operations of any other aircraft will requi re a new petition or a petiti on to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restricti on. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not perm itted 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 en sure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,4

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questi ons arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functi onal test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Th e pre-flight inspection must account for all potential discrepancies, e .g. inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the ai rport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.6

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect 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 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on April, 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards ServiceJanuary 9, 2015

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

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2);91.417(a) & (b).

Dear Sir or Madam:

Commercial real estate development is vital to every region's economy. From site identification to ceremonial ribbon cutting. Each phase of construction can benefit from small unmanned aerial vehicles (sUAS).

As an industry, commercial construction has continually embraced technology as a means to improve productivity and output quality. The following are a few examples of the advant ages that sUAS may provide. These examples also serve to satisfy the question; Why the sUAS operation would be in the public interest?

1) First, and most importantly is safety. In the United States

construction continues to be one of the mos t dangerous industries in

our economy. Allowing sUAS operations on construction sites enables

safety managers to gain valuable, on demand, aerial images. As a

result, safety managers can identify possible hazards that may

jeopardize worker health.

2) sUAS operations can aid construction site agents in

environmental compliance.

3) sUAS operations can provide historical visualdocumentation of construction progress. Additionally, an

accurate aerial perspective can serve to resolve schedule

disputes.

4) sUAS operations can enhance stakeholder communication.

5) sUAS operations can provide Insurance documentation.

6) sUAS operations can optimize asset management.

Sydor Aerial Photography LLC Petitions the Federal Aviation Administration to conduct sUAS flights over construction sites during all phases of development. This would also include preliminary

proper ty surveying. UAS flights will be used to capture aerial photos for the purpose of creating orthomosaics (image maps). The image maps will be used to compute volume, create 3D models, DSM’s, DTM’s, profile and contour lines.

Post flight editing of or thomosaics will ensure that images captured are only of the proposed / active contruction theatre

Sydor Aerial Photography LLC is a 100% veteran owned UAV company that specializes in aerial photogrammetry with sUAV. Our experience in sUAS operations a nd project completion gives us the expertise to conduct safe

- flight sUAS operations. Sydor Aerial Photography LLC takes a planned tactical approach to data gathering by optimizing and reviewing the most efficient flight plan. This knowledge base has come t hrough years of piloting, maintaining, and repairing sUAS.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” ) and 14 C.F.R. Part 11, Sydor Aerial Photography LLC petitions the FAA to allow safe flight operation of its sUAS for the purpose of conducting aerial photography and videography of construction sites. Sydor Aerial Photography LLC hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under theconditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).

Sydor Aerial Photography LLC has set forth c onditions that are consistent with the equivalent level of safety set forth in Exemption 11062 and the related exemptions issued to sUAS companies for scripted closed set filming for the motion picture and television industry.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS 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 safe operations in the fields in which it will operate, presently using manned aircraft or ground inspection survey teams. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Tran sportation ’ s (the FAA

Administrator ’ s) responsibilities to “ ...establish requirements for the safe operation of such aircraft systems in the national airspace system. ” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Sydor Aerial Photography, LLC

1046 Autumn Lakes Circle, 3B

Mishawaka, IN 46544

Attn: Anthony Sydor, CEO

Regulations from which the exemption is requested:

14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.119(c) 14 C.F.R. 91.151(a) 14 C.F.R. 91.405(a)14 C.F.R. 407(a)(1) 14 C.F .R. 409(a)(2)14 C.F.R. 417(a) & (b)

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 national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of
UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

The UAS ’ s size, weight, speed, and operational capability; Operation of the UAS in close proximity to airports and populated areas ; and operation of the UAS within visual line of sight of the operator.

Reform Act § 333(b). Lastly, if the Secretary determines that such

vehicles “ may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system. ” Id. at § 333(c)

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under Section 40101 of the Act, which includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may gra nt an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of Section 333 or any
Sections 44702

- 44716 of the Transportation Act if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f). S ee also 4 9 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1). This authority to grant exemptions reaches such issues as authorization of commercial operation of aircraft without a pilot ’ s license.Based upon the spirit of Section 333, and the conti nuing integration of small UAS's into the NAS, Sydor Aerial Photography LLC submits this petition for review and approval.

Sydor Aerial Photography LLC operates a multirotor UA (quadcopter) weighing 1160g with payload. Maximum manufacturer’s safe flig ht speed is less than 15 m/s. Sydor Aerial Photography LLC will not exceed 10 m/s during UAS operation.

UA will not exceed 400 ft (AGL) and will only be operated within line of sight of the PIC and VO.

UAS flights will only be performed over propos ed / active construction sites and only with written permission by the construction site operator or governing body overseeing the operation and safety of

the construction site.

Sydor Aerial Photography LLC submits “UAS safe flight operations manual”, as it pertains to construction site UAS operations

as Exhibit A.

Sydor Aerial Photography LLC submits the “UAS manufacturer flight and operational manual” as Exhibit B.

Operational compliance of Exhibit A and B shall insure safe flight operatio ns within the construction site theatre. Compliance outlined in Exhibit A and B shall also insure safe flight UAS operations within the
NAS.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Sydor Aerial Photography LLC proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for an equivalent or even higher level of safety to op erations under the current regulatory structure because the proposed operations represent a safety enhancement to the operations normally conducted

with manned aircraft.These limitations and conditions to which Sydor Aerial Photography LLC agrees to be bo und when conducting commercial operations under an FAA issued exemption include:

1. The UAS must weigh less than 25 lbs., including battery and camera. Operations will be limited to the aircraft described in

Exhibit B

2. The UA may not be flown faster th an recommended by the manufacturer. Sydor Aerial Photography LLC will not operate
the UA faster than 10m/s.

3. UAS operations will be conducted below 400 ft above ground level (AGL). The height of the UA will not exceed 400 ft (AGL).

4. UAS operations will only be conducted in class G airspace, unless otherwise approved by the FAA.

5. The UAS will 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 an y device other than corrective lenses, as specified on the PIC ’ s FAA issued third

- class medical

certificate.

6. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times.

7. The operator will be bound by and follow Exhibits A & B. Any additional requirements identified in the final conditions for this exemption will be added to E xhibits A & B . Exhibits A & B will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the final exemption and the procedures outlined in Exhibits A & B, the conditions and limitations of the exception willtake precedence and will be followed. Otherwise, the operator will follow the procedures as outlined in Exhibits A & B.

8. The operator will update or revise its Exhibits A & B. It will be the operator ’ s responsib ility to track such revisions and present updated and revised documents to the Administrator upon request. The operator will also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any update o r revision would affect the basis for which the FAA granted this exemption, then the operator will petition for amendment to their exemption. The operator will contact the FAA ’ s UAS Integration Office (AFS

- 80) with questions that may arise regarding update s or revisions to

Exhibits A & B.

9. Prior to each flight the PIC will inspect the UAS to ensure it is in safe flight condition. The procedures for pre

- flight inspection and functional viability of all UAS components is

outlined in Exhibit A & B

10. 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 two
functional tests outlined in Exhibit C. The PIC who conducts the

func tional tests will make an entry into the sUAS maintenance record. Specific procedures for the sUAS functional tests is
submitted as Exhibit C.

11. The operator will comply with the manufacturer's recommendations pertaining to maintenance, inspectio n and replacement of UAS components. The maintenance manual, submitted as Exhibit C, outlines these components.

12. The PIC will have at least a current private pilot

certificate and a current third

- class medical certificate. The PIC

will also meet the flight review requirements specified in 14
C.F.R. § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate.13. Prior to operations conducted for the purpose of gathering aerial data, the PIC will have accumulated and logge d,
in a manner consistent with 14 C.F.R. § 61.51(b), a minimum of 300 flight cycles and 30 hours of total time as a UAS multirotor aircraft pilot and at least 20 hours logged as a UAS pilot with a similar UAS type. Prior documented flight experience that was obtained in compliance with applicable regulations will be used to satisfy this requirement. Training, proficiency, and experience

building flights may also be conducted under this grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience

- building flights, all persons not essential for flight operations will be considered

non

- participants, and the PIC will operate the UA with appropriate distance from non

- participants in accordance with 14
C.F.R. § 91.119.

14. Prior to any UAS operations by a grant of exemption the PIC and VO will have completed a qualification process outlined in Exhibit D. Exhibit D includes basic flight maneuvers, skilled flight maneuvers, advanced flight maneuve rs, and emergency procedures. The qualifying process outlined in Exhibit D will be implemented by a qualified person designated by the operator. Upon request the record of qualifying completion will be made

available to the administrator.

15. Prior to operations conducted for the purpose of gathering aerial data, a flight demonstration, administered by an operator

- approved and qualified pilot will be successfully completed and documented. This documentation will be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications will be developed by the operator, and there are no established practical test standards that support a jurisdictional FAA Flight Standards District Office (FSDO) evaluation and approval of company designated examiners, the Operator will conduct these

tests In accordance with Exhibit D.16. The UAS will not be operated directly over any person, except authorized and consenting personnel necessary for the purpose, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or

emergency.

17. Regarding the distance from participating persons, Exhibit A establishes safety mitigations for authorized and consenting personnel. A t all times, those persons must be essential to the sUAS operation.

18. Regarding distance from non

- participating persons, the operator will ensure that no persons are allowed within 500 ft of the area except those consenting to be involved and necessary for the sUAS operation.

19. If the UAS loses communications or loses its Global Positioning System (GPS) signal, the UAS will be programmed to return to a pre

- determined location within the security perimeter and land or be recovered in a ccordance with the

Exhibit A&B.

20. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the Exhibit A&B

21. Each UAS operation will be completed within 20 minutes of flight time or with 30 % battery power remaining,

whichever occurs first.

22. The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under an exemption. The operator will request a Notice to Airman not more than 72 hours in advance, but not less than 48 hours prior to the operation.

23. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with
14 C.F.R. Part 4 7, and have identification (N

- Number) markingsin accordance with 14 C.F.R. Part 45, subpt.C. Markings will be as large as practicable.

24. The operator will develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures wi ll be added to Exhibit C

.

25. Each UAS operated under this exemption will comply with all manufacturer safety bulletins, firmware, software updates and will be documented and updated in Exhibit A & B.

26. Before conducting operations, the r adio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC).

27. The documents required under 14 C.F.R. §§ 91.9 and 91.203 will be available to the PIC at the ground con trol station of the UAS any time the aircraft is operating. These documents will be made available to the administrator, or governing body upon request.

28. The UAS will remain clear and yield the right of way to all other manned operations and act ivities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

29. UAS operations will not be conducted during night, as
defined in 14 C.F.R. § 1.1. Operations will onl y be conducted under visual meteorological conditions (VMC).

30. The UAS will not be operated by the PIC from any moving device or vehicle.

31. The UA will not be operated less than 500 ft below or less than 2,000 ft horizontally from a cl oud or when visibility is

less than 3 statute miles.32. The UA will not operate in Class B, C, or D airspace without written approval from the FAA. The UA will not operate within 5 nautical miles of the geographic center of a non

- towered airport a s 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 a irport management will be made available to the Administrator upon request.

33. Incidents, accidents or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the Federal

Aviation Administration ’ s (FAA) UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB web site: www.ntsb.gov. Further flight oper ations will not be conducted until the incident or accident is reviewed by
AFS

- 80 and authorization to resume operations is provided.

14 C.F.R. § 61.113(a) & (b): Private Pilot Privileges and
Limitations: Pilot in Command

Sections 61.113(a) & (b) limit pri vate pilots to non

- commercial operations

. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the same level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot ’ s license rather than a commercial pilot ’ s license in order to safely operate sUAS. As outlined in Exhibit A, all sUAS operations are carefully pre

- planned flights with written approval from proposed / active construction site operating agents prior to any operatio ns. The level of safety provided by the requirements included in Exhibits A & B exceeds that provided by a single person holding a commercial pilot ’ s certificate operating a manned aircraft. The risks associated with the sUAS operation within the operation al area are so diminished from the level of risk associated with commercial operations contemplated by Part 61 that allowing operations of the sUAS as requested with aprivate pilot as the PIC meets and exceeds the present level of safety achieved by 14 C. F.R. § 61.113(a) & (b).

The FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062 through 11067 and 11080.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 sets forth safe altitudes for operation of civil aircraft. Section 91.119(c) allows helicopters to be operated at less than the minimums prescribed, providing that the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a s UAS that is similar to a helicopter, and the exemption requests authority to operate at altitudes up to 400 ft AGL, an exemption will be needed to allow operations. Because the aerial data sets do not require flights greater than 400 ft (AGL), Sydor Aerial Photography LLC will not operate the UA at or greater than 400 ft (AGL).

The FAA has previously granted exemptions to conduct similar operations in Exemptions 11062 through 11067 and 11080.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR
Condit ions

Section 91.151(a) prohibits an individual from beginning “ a flight in an airplane 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 c ruising speed

– 1) During the day, to fly after that for at least 30 minutes; or 2) At night, to fly
after that for at least 45 minutes. ”

The 5200mAh lithium polymer smart battery powering the sUAS provides approximately 25 minutes of flight. In order to meet the 30

- minute reserve requirement in 14 C.F.R. § 91.151, the sUAS flights would not be able to operate. Given the powered flight limitations of the sUAS within the restricted flight area of proposed / active construction sites, a longer time frame for flight is reasonable.Sydor Aerial Photography LLC believes that an exemption from 14
C.F.R. § 91.151(a) falls within the scope of prior approved exemptions. Ex. Exemption 10673

. Flight operations via the sUAS

within the confines o f proposed / active construction sites with less than 30 minutes of reserve fuel, does not apply to the original intent of Section 91.151 (a), given the sUAS size and speed.

Sydor Aerial Photography LLC believes that an equal level of safety

can be achieve d by limiting flights to 20 minutes or 30% of battery power whichever occurs first. Limiting sUAS flights to 20 minutes or 30% battery power allows the PIC adequate time to return the UA to its pre

- determined home landing position.

Similar exemptions have been approved for other sUAS operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062 through 11067 and 11080.

14 C.F.R. § 91.405 (a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

These regulations require that an airc raft operator or owner “ 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 cha pter..., ” and others shall inspect or maintain the aircraft in compliance with Part 43.

The above mentioned sections and Part 43 apply only to aircraft with an airworthiness certificate, therefore these sections do not apply to Sydor Aerial Photography LLC . Operational maintenance will be performed as outlined in Exhibit C. Due to the size of the UA and its camera an equal level of safety will be achieved. In the event of mechanical issues, during flight operations, the UA can be safely

landed. Refer to Exh ibit B failsafe procedures. As provided in Exhibits A and B the operator will ensure that the sUAS is in working order before the start of any sUAS operations. In addition, the PIC will perform required maintenance, and keep a log of any maintenance perfor med. Since the operator is the person most familiar with the entire sUAS best suited to maintain the aircraft in an airworthycondition to provide the equivalent level of safety. As outlined in Exhibit C annual inspection, maintenance will be performed by an independent third party not affiliated with Sydor Aerial Photography
LLC.

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067 and 11080.

To satisfy 14 C.F.R. Part 11, the following summary is provided for publica tion in the Federal Register.

Sydor Aerial Photography LLC seeks an exemption from the following

rules:

14 C.F.R. §§ 61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a); 91.407(a) (1); 91.409(a)(2); and 91.417(a) & (b)

Sydor Aerial Photography LLC seeks approval, of the before mentioned exceptions, in order to commercially operate sUAS for the purpose of image mapping and aerial photography of proposed construction sites and operational construction sites.

Sydor Aerial P hotography LLC believes it's petition for exception satisfies the criteria provided in Section 333 of the Reform Act of 2012
( size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security ) provide adequate justification for the grant of the requested exemptions allowing commercial operation of sUAS for the purpose of aerial data gathering over MSWLFs.

Sydor Aerial Photography LLC further believes that it's petition for

ex ception exceeds the level of safety established in the exemptions already granted, including Exemptions 11062 through 11067 and

11080.

Sincerely,

Anthony Sydor