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Image Engineering Photography

EIN 04-3752797

Dan Tidwell - Manager

8122 SW 54th Avenue

Portland, OR 97219

Phone: 1-503-803-4002

Email: dan.tidwell@imagee.com

June 8th 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91 .9 (b)

(2); 91.103(b); 91 .109; 91.119; 91 .121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) 

(2); 91.417 (a) & (b).

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, 

Image Engineering Photography , hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FAR") to allow commercial operation of its UAV’s, 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.

The requested exemption would permit the operation of small, unmanned and UAV’s under controlled 

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

UAV flights performed by Image Engineering Photography.in all scenarios, can readily be protected with 

secured access by the staff of Image Engineering Photography, comparable to that of a movie production 

set. The structures on these properties provided sufficient protection from the decent of the UAV and can 

be completed with much less risk than what would be assumed in a manned operation at low altitudes. 

Image Engineering Photography. plans to offer video inspection, photogrammetry, and photography 

services for commercial purposes initially including:

1. Corporate events I.E banquets, Conventions, awards ceremonies, Expositions.

2. Outdoor events I.E. Boating Regattas, automobile racing.

3. Promotional video and commercial production for businesses.

4. Thermal video for solar industry

5. Thermal and HD video for commercial grade towers I.E. Cell Towers, Radio Towers.

6. Real estate video showcasing of residential and commercial grade properties for the purpose of resale.

7. Aerial mapping and plotting of commercial and residential land. I.E. Topography for new construction. 

Agricultural planning and inspection of new and existing crops.

The UAV applications listed above are closed to the general public, providing the opportunity to operate 

only in an area where informed, consenting participants and personnel are present.

Where Towers and solar panel farms are concerned, Image Engineering Photography will be operating 
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within airspace previously reviewed by the FAA for the construction of the tower therefore the airspace of 

the controlled operations area creates no additional hazard to the national airspace. Approval of this 

exemption would therefore create no safety concerns regarding national airspace 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." Section 333(c) of the Reform Act.

The name and address of the applicant is:

Image Engineering Photography

EIN 04-3752797

Dan Tidwell - Manager

8122 SW 54th Avenue

Portland, OR 97219

Phone: 1-503-803-4002

Email: dan.tidwell@imagee.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405 (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 UAV 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 UAV size, weight, speed, and operational capability;

• Operation of the UAV in close proximity to airports and populated areas; and

• Operation of the UAV within visual line of sight of the operator

Reform Act§ 333(a). 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." Applicant interprets this provision to place the duty on the 

Administrator to not only process applications for exemptions under section 333, but for the 

Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation 

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 §401 01 of the Act that includes UAV, 

from the requirement that all civil aircraft must have a current airworthiness certificate.
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The Administrator may grant 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).

Image Engineering Photography UAV’s consist of manufacturer built 8 engine multirotor craft, 

weighing 55 or fewer lbs. including payload. They operate, under normal conditions, at a speed of no 

more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate only within a small controlled 

area described in the Confidential Operations Procedures, attached as Exhibit A (hereinafter 

"Procedures") Such operations will insure that the UAV will "not create a hazard to users of the 

national airspace system or the public.''

Applicant submits this Procedure as a Confidential and Proprietary document under 14

CFR 11 .35 (b) as the entire Procedures contains proprietary information that the applicant has not and 

will not share with others. The Procedures contains operating conditions and procedures that are not 

available to the public and are protected from release under the Freedom of Information Act 5 USC 

552 et.seq. Given the small size of the UAV’s involved and the restricted controlled environment

within which they will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAV’s to commence immediately. Also due to the size of the UAV’s and the controlled 

areas in which the relevant UAV’s will operate, approval of the application presents no national 

security issue. Given the following, the grant of the requested exemptions is clearly in the public 

interest:

• Clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended

• The level of safety surrounding the proposed operations that implement the use of HD and thermal 

imagining, and the significant public benefit

• Innovative reductions in physical dangers of personnel climbing towers (e.g., thermal imaging of 

active wasp/hornet nests, electrical “hot spots”...) and/or the use of high-rise heavy equipment thus 

reduced emissions associated with allowing UAV’s operations.

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without 

delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant 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 

exceptional level of safety to operations. These limitations and conditions to which Image Engineering 

Photography. agrees to be bound when conducting commercial operations under an FAA issued 

exemption include:

1. The UAV will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated 

at 15% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. UAV operator will be trained and certified in the proper safety and operations of the UAV.

6. The UAV will only operate within a controlled area as defined in the Procedures.
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7. The operator will post advisor notice around the controlled area.

8. Operator will have been trained in operation of UAV generally and received up-to-date information 

on the particular UAV to be operated as required.

9. If the UAV loses communications or loses its GPS signal, the UAS will have capability to return to 

a pre-determined location within the Security Perimeter and land.

10. The UAV will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

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 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

(f)) and Section 333 of the 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 UAV. In all cases, an 

analysis of these criteria demonstrates that the UAV 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 UAV’s 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 

controlled area as set out in the Procedures. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures 

requirements. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAV, 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. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, 

no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the Procedures for maintenance and 

use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9(b)(2) provides:

No person may operate a U.S.-registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.
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The UAV, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the operator flying the UAV will have immediate access to it. The

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each operator to take certain actions before flight to insure the safety of flight. 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. An equivalent level of safety will be provided as set forth in

Procedures. The operator will take all actions including reviewing weather, flight battery 

requirements, landing 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.

UAV’s 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. See Exemption 

Nos.5778K & 9862A. 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 civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the

FAA.

As this exemption is for a UAV that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations.

As set forth herein, except for the limited conditions stated in the Procedures, the UAV will never 

operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAV as well 

as the location where it is operated. In addition, the low-altitude operations of the UAV will ensure 

separation between these small-UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 
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an altimeter that is set " to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the UAV may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Procedures and Safety Check list, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight.

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

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 cruising 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 battery powering the UAV provides approximately 40 minutes of powered flight. To meet the 30-

minute reserve requirement in 14 CFR §91 .151, UAV flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAV's proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night 

VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91 .151 (a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAV flights to 

10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes 

or 15% of battery power whichever happens first. This restriction would be more than adequate to 

return the UAV to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following:

(1) An appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

The UAV fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

UAV.
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An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the operator flying the UAV will have immediate access to them, to the extent they are applicable to 

the UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

These regulations require that an aircraft 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 chapter." and others shall inspect or 

maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. The operator will accomplish maintenance pursuant to the flight manual and 

operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because 

these small UAV’s are very limited in size and will carry a small payload and operate only in controlled 

areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the Procedures, the operator will ensure that 

the UAV is in working order prior to initiating flight, perform required maintenance, and keep a log of any

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b);

91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1);

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle 

(551bs or less) for the purpose of inspection, monitoring, mapping and photographing attached equipment 

and engineering studies involving communication tower operations.

Approval of exemptions allowing commercial operations of UAV’s will create a level of safety by reducing 

risk. Conventional tower structure inspections and associated tasks involve extreme risks to personnel 

physically climbing such structures and/or utilizing high rise equipment both of which create numerous and 

extreme risk to such personnel. In contrast, a UAV weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk. The UAV will carry no passengers or crew and, therefore, will not 

expose personnel to any of the risks described above.

The operation of small UAV’s, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide a level of safety supporting the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled 

environment.

Privacy

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

consent and knowledge. The granting of this exemption request will provide innovative safety 

operations.

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 
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exemptions allowing commercial operation of applicant's UAV in and pursuant to the Procedures 

appended hereto.

Respectfully,

Dan Tidwell

Owner, President

Image Engineering Photography

EIN 04-3752797

Dan Tidwell - Manager

8122 SW 54th Avenue

Portland, OR 97219

Phone: 1-503-803-4002

Email: dan.tidwell@imagee.com