Piatek Photography LLC 56 Winslow Place Liberty, NY 12754

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 Actof 2012 (the Reform Act) and 14 C.F.R. Part 11, PIATEK PHOTOGRAPHY LLC (“the applicant”), developer and operator of Small Unmanned Aircraft Systems (“sUA Ss”) equipped to conduct still photographs and/or video taken by an onboard camer a and associated data processing functions and used for aerial videography and photog raphy for weddings and special events, real estate, filmmaking and aerial inspections on construction sites of difficult to reach equipment or structures, 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 the cond itions outlined herein or as may be established by the FAA as required by Section 333. As described more fully below, the requested exemption would pe rmit 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 operat ions in photography and videography presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportat ion’s (the FAA Administrator’s) responsibilities to “...establish requirements f or 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:

PIATEK PHOTOGRAPHY LLC Attn: Nicholas Piatek Ph: 845-807-4372 Email: nick@piatekphoto.com Address:

156 Winslow Pl Liberty, NY 12754 Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 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 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application is expressly submitted to fulfill Co ngress’ 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 sy stems 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 determinati on, the Secretary is required to determine which types of UASs do not create a hazar d to users of the NAS or the public or pose a threat to national security in light of th e following:

⦁ The UAS’s size, weight, speed, and operational capability; ⦁ Operation of the UAS in close proximity to airports and populat ed areas; and ⦁ Operation of the UAS within visual line of sight of the operato r. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary s hall establish requirements for the safe operation of such aircraft in the national airspac e system.” Id. §333(c) (emphasis added). The Federal Aviation Act expre ssly grants the FAA the authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, which includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation

2prescribed under subsection (a) or (b) of this section or any s ections 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 ). The applicant’s sUAS (Appendix 1) are rotorcraft, weighing 55 o r fewer lbs. including payload. They operate under normal conditions at a sp eed of no more than 25 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously and move in the horizontal plane

. They will operate only in line of sight and will operate only within the sterile area described in the Unmanned Aircraft Systems Operations Manual, attached as Appendix 2 (hereinafter “the Manual”). Such operations insure that the sUAS does “not create a hazard to users of the national airspace system or the public.” Given the small size of the sUASs involved and the restricted s terile environment within which they will operate, the applicant falls squarely wi thin that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence imme diately. Also due to the size of the UASs and the restricted areas in which the r elevant sUASs will operate, approval of the application presents no national security issue . Given the clear direction in Section 333 of the Reform Act, the authority contained in th e Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, redu ction in environmental impacts, including reduced emissions associated with allowing U ASs for photography and videography, the granting of the requested exemptions is inthe public interest. Accordingly, the applicant respectfully requests that the FAA g rant the requested exemption without delay. Background Information The applicant is in the business of photography and videography . The applicant’s clients look to the applicant for safe operations of sUAS. The applicant has developed specific safe UAV operational procedures. Increasingly, the app licant has clients looking for sUAS services for photography and videography. Operations performed by the applicant include: still photography videography weddings special events photos/video of construction sites AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein appl y to civil aircraft that

3have the characteristics and that operate within the limitation s listed herein. These limitations provide for at least an equivalent or even higher l evel of safety to operations under the current regulatory structure because the proposed ope rations represent a safety enhancement to the already safe photography and videography con ducted with conventional aircraft. These limitations and conditions to which the applicant agrees to be bound when conducting commercial operations under an FAA issued exemption include:

⦁ The sUAS will weigh less than 55 lbs. ⦁ Flights will be operated within line of sight of a pilot and/or observer. ⦁ Maximum total flight time for each operational flight will be 3 0 minutes. Flights will be terminated at 25% battery power reserve should that occ ur prior to the 30 minute limit. ⦁ Flights will be operated at an altitude of no more than 400 fee t AGL or, not more than 200 feet above an elevated platform from which flight is p lanned. ⦁ Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer. ⦁ The sUAS pilot-in-command (PIC) will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will 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 ⦁ If a pilot certificate holder other than the sUAS Pilot, who po ssess the necessary PIC qualifications, is also present on site, that person can al so be designated as PIC. ⦁ The sUAS will only operate within defined boundaries as outline d in Section 8.4 of the Manual. ⦁ A briefing will be conducted in regard to the planned sUAS oper ations prior to each mission. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be presentfor this briefing. ⦁ The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standar ds District Office (FSDO). ⦁ The operator will obtain the consent of all persons involved in the mission and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based uponan equivalent level of safety determination, as required by Section 8.4 of th e Manual. With the advanced permission of the relevant FSDO, operations at closer range can be approved. ⦁ The operator will submit a written Plan of Activities to the FS DO three days before the proposed mission as required in Section 8.1 of the M anual. Items will include:

4⦁ Dates and times for all flights; ⦁ Name and phone number of the operator for the UAS mission condu cted under this petition of exemption; ⦁ Make, model, and serial or N-number of UAS to be used; ⦁ Name and certificate number of UAS PICs involved in the mission ; ⦁ A statement that the operator has obtained permission from prop erty owners and/or local officials to conduct the mission; ⦁ The list of those who gave permission made available to the ins pector upon request; ⦁ Signature of exemption-holder or representative; and ⦁ A description of the flight activity, including maps or diagram s of any area, city, town, county, and/or state over which the mission w ill be conducted and the altitudes essential to accomplish the operati on. ⦁ Pilot and observer will have been trained in operation of UAS g enerally and received up-to-date information on the particular UAS to be ope rated as required in Sections 7.4 and 7.5 of the Manual. ⦁ Observer and pilot will at all times be able to communicate by voice. ⦁ Written and/or oral permission from the relevant property holde rs will be obtained. ⦁ All required permissions and permits will be obtained from terr itorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. ⦁ If the sUAS loses communications or loses its GPS signal, the U AS will have the capability to return to a pre-determined location within the Se curity Perimeter and land. ⦁ The sUAS 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 w ith 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, ope rational 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

5airworthiness certificate without the restrictions and conditio ns proposed. The sUAS to be operated hereunder is less than 55 lbs. fully lo aded, carries neither a pilot nor passenger, carries no explosive materials o r flammable liquid fuels, and operates exclusively withina secured area as set out in th e Manual. Unlike other civil aircraft, operations under this exemption will be tightly contr olled and monitored by both the operator and observer, pursuant to the Manual’s policies, and under and in compliance with local public safety requirements, to provide se curity for the area of operation as is now done with conventional photography and video graphy. The FAA will have advance notice of all operations. These safety enhancement s, which already apply to civil aircraft operated in connection with photography and video graphy, provide a greater degree of safety to the public and property owners than convent ional operations conducted with airworthiness certificates issued under 14 C.F.R . Part 21, Subpart H. Lastly, application of these same criteria demonstrates that th ere is no credible threat to national security posed by the UAS, due to its size, speed of o peration, location of operation, lack of explosive materials or flammable liquid fuel s, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Ro man capital letter "N" and the re gistration number is displayed on limited, restricted or light-sport categ ory aircraft or experimental or provisionally certificated aircraft, the ope rator 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 a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will be placed on the fu selage in compliance with §45.29 (f). The equivalent level of safetywill be provided by having the s UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer an d others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 1070 0, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limi tations: Pilot in Command.

6Sections 61.113 (a) & (b) limit private pilots to non-commercia l operations. Because the UAS will not carry a pilot or passengers, the propo sed operations can achieve the equivalent level of safety of current operations byrequiring the PIC operating the aircraft to have a pilot’s certificate operate this small U AS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is rem otely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminish ed from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested by a pilot’s certi ficate as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil airc raft unless it is in airworthy condition. As there will be no airworthiness certific ate issued for the aircraft, should this exemption be granted, no FAA regulatory standard wi ll exist for determining airworthiness. Given the size of the aircraft and the requireme nts contained in the Manual for maintenance and use of safety checklists prior to each flig ht, as set forth in Sections 9.1 and 9.6, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the A ircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) Fo r which an Airplane or Rotorcraft Flight Manual is not required by §21.5 o f this chapter, unless there is available in the aircraft a current ap proved airplane or Rotorcraft Flight Manual, approved manual material, markings , and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or pl ace to carry such a flight manual on the aircraft, not only because there is no pil ot on board, but because there is no room or capacity to carry such an item on the aircr aft. The equivalent level of safety will be maintained by keeping th e flight manual at the ground control point where the pilot flying the sUAS will h ave immediate access to it. The FAA has issued the following exemptions to this regulat ion: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 1060 2, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action

7This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcra ft flight manuals will not be provided for the aircraft, an exemption will be needed. An equi valent level of safety will be provided as set forth in Sections 8 and 9 of the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landi ng 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 airc raft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not hav e fully functional dual controls. Flight control is accomplished through the use o f a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual co ntrols for a number of aircraft and for flight instruction in experimental aircraft. S ee Exemption Nos. 5778K & 9862A. The equivalent level of safety provided by the fact thatneither 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 civi l aircraft. Section 91.119(d) allows helicopters to be operated at less than the mi nimums 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 sUAS that is a helicopter and the exemption requests authority to operate at a ltitudes up to 400 AGL, or not more than 200 above an elevated platform from which operati on is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never ope rate at higher than 400 AGL. It will, however, be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No fli ght will be taken without the permission of the property owner or local officials. Becaus e of the advance notice to the property owner and participants in the mission, all affecte d individuals will be aware of the planned flight operations as set forth in Section 6.2, 8 .1, and 8.2 of the Manual. Compared to flight operations with aircraft or rotorcraft weigh ing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the photography and videography . In addition, the low-altitude operations of the sUAS will ensure separation betw een these small UAS

8operations and the operations of conventional aircraft that mus t comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to m aintain cruising altitude by reference to an altimeter that is set “...to the elev ation of the departure airport or an appropriate altimeter setting available before departure. ” As the sUAS 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 o perator, pursuant to the Manual and safety checklist, 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 Cond itions Section 91.151 (a) prohibits an individual from beginning “a fl ight 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 mi nutes; or (2) at night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91 .151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed ope rations 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) fal ls within the scope of prior exemptions. See Exemption 10673 (allowing Lockhe ed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with l ess 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. Additional ly, limiting sUAS flights to 20 minutes would greatly reduce the utility for which the ex emption will be granted. Applicant believes that an equivalent level of safety can be ac hieved by limiting flights to 20 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned l anding zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, inclu ding Exemptions 2689F, 5745, 10673, and 10808.

914 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certific ation and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civ il 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 airworthi ness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry c ertification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the p ilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issu ed 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 “s hall 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 sectio n, have discrepancies repaired as prescribed in part 43 of this chapter...,” and othe rs shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft wi th an airworthiness certificate, these sections will not apply to the applicant. Ma intenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual (See Sections 8.6 and 9). An equivalen t level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited period s of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required main tenance, and keep a log of any maintenance performed. Moreover, the operator is the personmost familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

10Pursuant to 14 C.F.R. Part 11, the following summary is provide d for publication in the Federal Register, should it be determined that publicati on 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 (55lbs or less) in motion picture and television operations. Approval of exemptions allowing commercial operations of sUASs in the photography and videography will enhance safety by reducing ris k. Conventional photography and videography, using jet or piston power aircraft , operate at extremely low altitudes just feet from the infrastructure being inspected and in extreme proximity to people and structures; and present the risks associated with ve hicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the work location. In contrast, a sUAS wei ghing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the worksite and not flown. The sUAS will carry no passengers or crew and, therefore , will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighing less than 55 lbs., conduc ted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the app licant from the requirements of Part 21 and allowing commercial operations. The se lightweight aircraft operate at slow speeds, close to the ground, and in a sterile e nvironment and, as a result, are far safer than conventional operations conducted with turbi ne helicopters operating in close proximity to the ground and people. Privacy All flights will occur over pr ivate or controlled access property with the property owner’s prior consent and knowledge. photography and videography will b e performed for people who have also consented for work to be performed or otherwise h ave agreed to be in the area where UAS flight will take place.

Conclusion Satisfaction of the criteria provided in Section 333 of the Ref orm Act of 2012 – size, weight, speed, operating capabilities, proximity to airports an d populated areas and operation within visual line of sight and national security – pr ovide more than adequate justification for the grant of the requested exemptions allowin g commercial operation of

11applicant’s UAS in the photography and videography fields pursu ant to the Manual appended hereto. Sincerely,

Nicholas Piatek CEO / President Piatek Photography LLC

Appendix 1 1.1 – sUAS Product Description -DJI Inspire 1

Flight Manuals: DJI Inspire 1 Manual - to comply with the 10MB upload limit we a re supplying a direct link to the manual: https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Man ual_en_v2.0_ 1218.pdf Appendix 2

12Please see the attached: DJI Inspire 1 Manual to comply with the 10MB upload limit we ar e supplying a direct link to the manual: https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1 _User_Manual_en_v2.0_1218.pdf DJI Inspire 1 PreFlight Checklist

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