Aerial Imaging Productions, LLC​’s Petition for Section 333 Exemption

For Purposes of Operating Small Unmanned Aircraft Systems

FAA Rules Docket: ____________

Name and Address of Petitioner

Aerial Imaging Productions, LLC

1560 Boulder,

Unit #421

Denver, CO 80211

(720) 256­0217

Counsel for Petitioner

Dave Ratner

CREATIVE LAW NETWORK

2036 East 17th Avenue

Denver, Colorado 80206

(720) 924­6529

dave@creativelawnetwork.com
A. Summary

Aerial Imaging Productions, LLC (AIP) seeks exemption from the requirements of 14

C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b)(2), 91.109(a), 91.119(c),

91.121(a)(1)(iii), 91.151(b), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)

and (b), as well as the requirement to have a certificate of airworthiness under 14 C.F.R. Part

21, Subpart H, so as to permit it to: keep any required documents or information at the ground

control station; display any required markings on the unmanned aircraft; inspect, maintain and

preflight in accordance with AIP’s flight and operating procedures manual; operate below 400

feet AGL, without an onboard altimeter, at 30 minutes or a 20% battery power reserve. AIP

further seeks the exemption to allow a private pilot to conduct commercial sUAS operations.

B. Introduction

AIP is an operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to

conduct aerial photography for the motion picture and television industry for scripted closed

set filming. As set forth in this Petition, AIP seeks an exemption to allow commercial

operation of its sUAS(s) (as identified in AIP’s FOPM), 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 333.1

Pursuant to 14 C.F.R. § 11.81 (Petition for Exemptions.), AIP provides the following

information in support of its petition:

C. Basis for Petition

AIP, by and through undersigned counsel, pursuant to Federal Aviation Regulations

(FAR) (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

1

Section 333, Special Rules for Certain Unmanned Aircraft Systems (Section 333), hereby

respectfully petitions the Administrator for an exemption from the requirements of 14 C.F.R.

§§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b)(2), 91.109(a), 91.119(c),

91.121(a)(1)(iii), 91.151(b), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)

and (b), as well as the requirement to have a certificate of airworthiness under 14 C.F.R. Part

21, Subpart H.

1. Section 333

Congress identifies Section 333 as a pathway for “expedited operational authorization”

of certain small unmanned aircraft systems (sUAS) in the national airspace system (NAS).

Section 332(b)(1) (“expedited operational authorization.”). Under Section 333 Congress

mandates that the FAA “shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and rulemaking required

by section 332 of this Act or the guidance required by section 334 of this Act” (Section 333(a))

upon consideration of its “size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight.” Section 333(b)(1). If the FAA

1 14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief

from current regulations in 14 C.F.R..”)
makes such a determination, the FAA “shall [also] establish requirements for the safe

operation.” Section 333(c). The FAA further may find that the sUAS does not require

“airworthiness certification under section 44704 of title 49, United States Code.” Section

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds the

exemption is in the public interest.” Section 44701(f) (authorizing the grant of exemptions

from safety regulations and minimum standards under section 44701(a) and (b) and sections

44702­44716).

2

For the reasons addressed herein, this Petition qualifies for expedited approval of AIP’s

request for exemption under both Sections 333 and 44701.

D. The sUAS(s) Meets the Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, operational

capabilities, and that the operations will be conducted only during the day, under visual

meteorological conditions (VMC), within visual line of sight (VLOS) of the Pilot in Command

(PIC) with the assistance of a visual safety observer (VO).

1. Proximity of Airports/Populated Areas

The sUAS will not operate in Class B, C, or D airspace without written approval from

the FAA. The sUAS will not operate within 5 nautical miles of the geographic center of a nontowered airport. Flight within these boundaries will be ensured further through the use of a

pre­programed geofence within the sUAS’s software. Further, the sUAS’s flight operations

will be monitored at all times by both the PIC and VO on the ground and will be in compliance

with public safety requirements, so as to prevent access to the restricted areas of operation.

2. Visual Line­of­Sight

The sUAS will at all times be flown only in the daylight under VMC within VLOS of

the PIC with the further assistance of a VO with whom the PIC will have the ability for direct

and continuous verbal communications within audible range of each other. So as to ensure

that the flight operations remain within the PIC’s VLOS and prescribed flight boundaries and

deconflict with objects in the air and on the ground. Thus, pursuant to the FAA’s Interim

Operational Approval Guidelines for UAS the proposed operations provide an approved

method of control and collision avoidance to satisfy the “see and avoid” requirement of 14

C.F.R. § 91.113:

While considerable work is ongoing to develop a certifiable “detect, sense,

and avoid” system, no current solution exists. Compliance with the “see and

2 See e.g. 49 USC §44711(a) ((1) prohibiting operations without airworthiness certificate; (2)

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial

operations in violation of regulations); 49 USC §44704 (issuance of airworthiness certificate);

14 C.F.R. §91.203 (a)(1) (carry airworthiness certificate)).
avoid” aspect of 14 C.F.R. 91.113, Right­of­Way Rules: Except Water

Operations, becomes one of the primary issues in UAS operational approvals.

As a result, alternate methods of compliance are required to accomplish the

“see and avoid” function. See and avoid risk mitigation strategies are normally

based on the use of visual observers or other methods of segregation.

Interim Operational Approval Guidance 08­01, Unmanned Aircraft Systems Operations in the

U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and

VOs, as provided in the FOPM, will be used.

3. Other Factors

a. sUAS Safety Systems

Including as noted above, the sUAS is replete with mechanisms to ensure safe

operations and protect persons and property on the ground. In addition to having an

experienced PIC and VO, the sUAS has a variety of inherent safety systems, including:

●Diagnostic and Continuous Self­Monitor

●Altitude Control System

●GPS aided flight control system

●Altitude and GPS Warning/Indicator

●Loss link/FailSafe Return to home protocol

●Speed Indicator

The sUAS is designed to continuously monitor component operations and inform the

PIC and crew of certain critical flight performance parameters via a LED Control Board, as

well as by sound. The sUAS further has a “FailSafe” function that directs the sUAS to

automatically return to either the takeoff location or, when programed, a designated waypoint,

upon disruption of the system’s control/communications link

b. Flight Operations and Procedures Manual

To ensure consistent safety operations, AIP has developed a detailed Flight

Operations and Procedures Manual (FOPM). Based on AIP’s extensive experience,

procedures and notices provided by the sUAS manufacturer, and guidance the FAA has

provided to obtain exemption under Section 333. See AIP’s FOPM (confidential

document).

In seeking this exemption, AIP proposes to operate the sUAS(s) without having a

certificate of airworthiness issued by the FAA, 14 C.F.R. Part 21., and upon consideration of

the size, weight, speed, operational capability, and proximity to airports and populated areas

of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS(s)

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.
AIP proposes to operate the sUAS(s) pursuant to the following specific operating

limitations, as also addressed in the FOPM:

1. The sUAS shall weigh less than 55 lbs..

2. The sUAS shall be marked with an identification (N­Number) in accordance with 14

C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. §

45.29(f), and identified by a serial number registered in accordance with 14 C.F.R.

Part 47.

3. Flight operations shall only be conducted within the designated “Closed Set” and

operated 500 feet away from non­participating persons. This distance may be

reduced to no less than 200 feet if it would not adversely affect safety.

4. The sUAS shall only be operated at or below 400 feet AGL.

5. The sUAS shall only be operated at or below 50 knots.

6. The sUAS shall at all times be operated within the VLOS of the PIC.

7. All operations will use a visual observer (VO).

8. The PIC and VO shall at all times be able to communicate within audible range of

each other.

9. Prior to performing any flight operations, the PIC and VO shall have successfully

completed a qualifying process, as provided in the Flight Operations and Procedures

Manual (FOPM).

10.Prior to performing any flight operations, a flight demonstration administered by an

operator­qualified PIC and provided in the FOPM, shall be performed and

successfully completed. Documentation of such demonstration shall be made in the

aircraft records and such records shall be made available to the Administrator upon

request.

11.The sUAS shall only be operated during daylight hours (not at night, as defined in 14

C.F.R. § 1.1) under visual meteorological conditions (VMC). No operations shall be

performed under special visual flight rules (SVFR).

12.The sUAS shall 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.

13.The sUAS shall at all times remain clear and yield the right of way to all other

manned operations and activities (e.g. gliders, ultralights, parachutes).

14.The radio frequency spectrum used for operation and control of the sUAS shall

comply with the requirements of the Federal Communications Commission (FCC) or

other appropriate government oversight agency.

15.Any time the sUAS is operating, all documents required under 14 C.F.R. § 91.9 and §

91.203 shall be available to the PIC at the GCS. Such documents shall be made

available to the Administrator or any law enforcement official upon request.

16.The sUAS shall not be operated by the PIC from any moving vehicle or device.

17.The sUAS shall not be operated directly over any person, except authorized and

consenting personnel involved in the flight/filming operations, below an altitude that

is hazardous to persons or property on the ground in the event of a sUAS failure or

emergency.

18.The sUAS shall at all times be operated to ensure a safe distance away from all

participating and non­participating personnel.

19. Aside from takeoff and landing, the distance from participating persons shall be

operated at least 100 feet away, pursuant to the operator’s manual. This distance may

be reduced to no less than 30 feet if it would not adversely affect safety and such person

provides his/her prior consent. Because these procedures are specific to participating
persons, no further FSDO or aviation safety inspector approval is necessary for

reductions to the distances specified in the petitioner’s manuals. This is consistent with

the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a

Certificate of Waiver for Motion Picture and Television Filming. The Administrator

has already determined that these same operating limitations and procedures provide an

equivalent level of safety to those regulations for which AIP seeks exemption pursuant

to this Petition and, accordingly, has previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. See e.g. Exemption Nos.

11062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions

Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial

MOB, LLC) and 11067 (Pictorvision Inc.)

20.AIP ensures that non­participants are not allowed within 500 feet of the area except

those consenting to be involved and necessary for the filming production. This

provision may be reduced to no less than 200 feet if it would not adversely affect

safety. The Administrator has already determined that these same operating

limitations and procedures provide an equivalent level of safety to those regulations

for which AIP seeks exemption pursuant to this Petition and, accordingly, has

previously granted exemptions in circumstances similar, in all material respects, to

those presented herein. See e.g. Exemption Nos. 11062 (Astraeus Aerial), 11063

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial),

11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067

(Pictorvision Inc.)

21.The duration of each flight shall not exceed 30 minutes, or with 20% battery power

remaining, whichever occurs first.

22.The sUAS shall not be operated with any inoperative flight­critical systems or

equipment.

23.Prior to each flight the PIC shall inspect the sUAS, including for any inoperable

components, items or equipment, to ensure the sUAS is in a condition for safe flight.

If the inspection reveals a condition that affects safe operations, the sUAS shall not

be operated until the necessary maintenance has been performed and the sUAS is

found to be in a condition for safe flight. Any discrepancies and all maintenance or

alterations shall be documented in the aircraft records, such records to be made

available to the Administrator upon request.

24.Any sUAS that has undergone maintenance or alterations that affect the sUAS

operation or flight characteristics, e.g. replacement of a flight critical component,

shall undergo a functional test flight in accordance with the FOPM. The operator

shall make an entry in the sUAS record of such test flight.

25.Record of the sUAS maintenance, preventive maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of the sUAS

shall be documented and maintained in accordance with the FOPM.

26.Except as may be designated otherwise for FailSafe operations, the sUAS shall take

off and land at a predetermined location next to the PIC.

27.Upon loss of communication or GPS signal, the sUAS shall return to a predetermined

location next to the PIC and land.

28.In the event of an emergency or unanticipated obstacle to planned operations, the

sUAS operation shall be aborted and the sUAS, if airborne, shall return to a

predetermined location next to the PIC and land.

29.The PIC shall possess at least a private pilot certificate and at least a current
third­class medical certificate, and prior to operations shall have met the FAA’s

currency and recency of experience requirements.

30.Prior to operations, the PIC shall have accumulated and logged (in a manner

consistent with 14 C.F.R. § 61.51(b)) a minimum of 200 flight cycles and 25 hours of

total time as a sUAS rotorcraft pilot and at least ten hours as a sUAS pilot with a

similar sUAS type, such log of which shall be made available to the Administrator

upon request. Prior to operations, the PIC shall have accumulated and logged (in a

manner consistent with 14 C.F.R. § 61.51(b)) a minimum of five flight hours as a

sUAS pilot operating the make and model of sUAS to be used for operations under

the exemption and three take­offs and three landings in the preceding 90 days, such

log of which shall be made available to the Administrator upon request.

31.The sUAS shall be maintained in accordance with the manufacturer’s User Manual,

including any amendments or updates thereto. All amendments or updates shall be

tracked and a record of such amendments or updates shall be maintained and made

available to the Administrator upon request.

32.All maintenance to be performed on the sUAS shall be performed by a technician

qualified pursuant to the criteria provided in the FOPM.

33.The sUAS shall comply with all manufacturer safety bulletins.

34.The operator shall follow the manufacturer’s sUAS aircraft/component, maintenance,

overhaul, replacement, inspection and life limit requirements, as provided in the

FOPM.

35.Prior to conducting any operations, the operator shall obtain a Certificate of Waiver

or Authorization (COA). Pursuant to such COA, operator shall request of a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours

prior to the operation.

36.At least three days before scheduled operations, operator shall submit a written Plan

of Activities to the local Flight Standards District Office (FSDO) with jurisdiction

over the area of proposed operations, such submission of which may be waived with

the concurrence of the FSDO. If required by the FSDO to be submitted, the Plan of

Activities shall include: dates and times for all flights; operator’s and on­scene flight

operator’s name and phone number; sUAS’s N­number; PIC’s name and certificate

number; statement that the operator has obtained permission from property owners

and/or local officials to conduct the operations (list of those who gave permission to

be made available upon request); description of the planned flight activity, including,

as applicable, maps or diagrams of the area, city, town, county and/or state over

which the operation will be conducted, and the altitudes essential to accomplish the

operation; signature of the exemption holder or representative.

37.The sUAS shall not operate in Class B, C, or D airspace without written approval

from the FAA.

38.The sUAS shall not operate within 5 nautical miles of the geographic center of a

non­towered airport unless a letter of agreement with that airport’s management is

obtained, such letter to be made available to the Administrator upon request, and the

operation is conducted in accordance with a NOTAM as required by the operator’s

COA.

39.Any incident, accident or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA shall be reported

to the FAA’s sUAS Integration Office within 24 hours. Accidents shall also be

reported to the National Transportation Safety Board (NTSB). Further flight
operations shall not be conducted until the incident, accident or transgression is

reviewed by sUAS Integration Office and authorization to resume operations is

provided.

40.The sUAS shall be operated pursuant to the FOPM, such manual to be made

available to the Administrator upon request. If a discrepancy exists between the

FOPM and the conditions and limitations directed by the Administrator in granting

the exemption, the conditions and limitation in the exemption shall take precedence

and be followed.

The Administrator has already determined that these same operating limitations and

procedures provide an equivalent level of safety to those regulations for which AIP seeks

exemption pursuant to this Petition and, accordingly, has previously granted exemptions in

circumstances similar, in all material respects, to those presented herein. See e.g. Exemption

Nos. 11062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions

Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB,

LLC) and 11067 (Pictorvision Inc.).

c. Privacy

All flights will occur over controlled access property with the property owner’s prior

consent and knowledge. Filming will be of people who have also consented to being filmed or

otherwise have agreed to be in the area where filming will take place.

d. Physical Security

In order to ensure its safe and proper use, AIP will be the only operator of the sUAS

and the sUAS will at all times remain in AIP’s custody.

4. Lack of Threat to the NAS, Public, or National Security

The sUAS(s) being flown pose significantly less of a threat than the helicopters and

fixed wing aircraft now being employed because they are a fraction of the size, carry no

flammable fuel, and do not carry crew or passengers. This is in stark contrast to conventional

aircraft that carry flammable fuel, carry passengers and crew, and operate in a much larger

area.

E. AIP​’s Operations Pursuant to This Petition Qualify for Exemption Under Section

44701.

Granting AIP’s request for exemption would benefit the public and have no adverse

effect on safety. Accordingly, AIP’s operations pursuant to this Petition also qualify for an

exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

sUASs serves as a safe, efficient, and economical alternative to manned aircraft

traditionally used to conduct aerial photography for the motion picture and television industry.

No pilot or crew need be airborne, thereby providing for superior safety to persons and

property in the air and on the ground than that provided by manned aircraft performing the
same operations. Granting the exemption would also reduce the number of manned aircraft in

the NAS and, as a result, reduce the environmental impact of such operations.

2. No Adverse Safety Effects

Operations pursuant to the limitations and guidelines addressed herein and in the

FOPM will provide an equivalent or even higher level of safety to the regulations from

which AIP seeks exemption. The FAA has previously determined that granting AIP’s

petition under circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro

Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066

(Aerial MOB, LLC) and 11067 (Pictorvision Inc.).

For all of these reasons, AIP’s operations pursuant to this Petition also qualify for an

exemption under Section 44701.

F. Exemptions Sought By AIP And Reasons For The Requested Relief

Pursuant to Section 333, AIP seeks an exemption from the requirements of 14 C.F.R.

§§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b)(2), 91.109(a), 91.119(c),

91.121(a)(1)(iii), 91.151(b), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)

and (b), as well as the requirement to have a certificate of airworthiness under 14 C.F.R. Part

21, Subpart H.

1. 14 C.F.R. 21, Subpart H. Airworthiness Certificate​.

AIP seeks an exemption from 14 C.F.R. 21, Subpart H. Part 21 sets the procedural

requirements for airworthiness certification under Section 44704. Both Section 333 and

Section 44701 (49 U.S.C.§44701(f) (Exemptions.)) authorize the FAA to exempt sUAS from

the requirement of airworthiness certification under Part 21 when, upon consideration of its

size, weight, speed, operational capability, and proximity to airports and populated areas, it

can be shown that the sUAS does not create a hazard to users of the NAS or the public or pose

a threat to national security.

Exemption from the airworthiness certification requirement under 14 C.F.R. Part 21

and Subpart H render inapplicable those requirements founded or conditioned on having

obtained such certification, including, without limitation, 91.7(a) (aircraft to be in airworthy

condition), 91.203(a) (airworthiness and aircraft registration certificates to be carried within

aircraft), 91.203(b) (airworthiness certificate to be displayed at cabin or cockpit entrance),

91.9(b) (flight manual/other approved manual material to carried within aircraft), 45.23(b)

(display of marks for category aircraft), 91.405(a) (maintenance required), 91.407(a)(1) (return

to service after maintenance or alteration), 91.409(a)(2) (airworthiness and annual inspection),

91.417(a) and (b) (maintenance records).

2. Section 91.7(a). Civil Aircraft Airworthiness​.

Either finding that AIP meets the Section 333 criteria or exemption from the

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)

inapplicable.
Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis

added): “No person may operate a civil aircraft unless it is in an airworthy condition.” To the

extent the subsection 91.7(a) may be deemed to apply to the sUAS(s), however, AIP seeks an

exemption from the subsection because, assuming exemption from Part 21, there will be no

FAA standard by which such a determination of airworthiness can be made. Nonetheless,

given the limitations and procedures, as contained herein, the FOPM, and the sUAS’s User

Manual(s) for maintaining the aircraft and checking it before each flight to ensure that it is in

peak operating condition, an equivalent level of safety will be provided.

3. Sections ​§ ​91.203(a) and (b). Carrying Aircraft Certification and

Registration​.

Either finding that AIP meets the Section 333 criteria or exemption from the

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsections

91.203(a)(1) and 91.203(b) inapplicable.

Section 91.203, entitled Civil aircraft: Certifications required, subsections (a) and (b)

state whether certain required documents be kept at an unmanned aircraft's control station,"

the intent of 91.203 is fulfilled if the required documents are kept at the GCS. However, if

AIP is either found to meet the Section 333 criteria or granted an exemption under CFR 21

Subpart 4, AIP will not have an airworthiness certificate. This renders 91.203(a)(1) and

91.203(b) inapplicable.

Therefore, AIP proposes the following conditions and limitations to its request for

exemption from subsections 91.203(a) and (b):

Documents required by subsections 91.203(a) and (b) shall be maintained at

the ground control station, where they are readily available to the PIC or crew

any time the UAS is operating. Any such documents shall be made available

to the FAA upon request.

4. Section 91.9(b)(2). Flight Manual In Aircraft​.

Section 91.9, entitled Civil aircraft flight manual, marking, and placard requirements,

subsection (b)(2) states (emphasis added):

(b) 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.

Pursuant to the FAA's chief counsel memorandum subject "Interpretation regarding

whether certain required documents be kept at an unmanned aircraft's control station," the

intent of 91.203 is fulfilled if the required documents are kept at the GCS. However, if AIP is

either found to meet the Section 333 criteria or granted an exemption under CFR 21 Subpart 4,

AIP will not have an airworthiness certificate. This renders 91.203(a) and 91.203(b)

inapplicable.
Therefore, AIP proposes the following conditions and limitations to its request for

exemption from subsection 91.9(b):

All documents required by subsection 91.9(b) shall be maintained at the ground

control station, where they are readily available to the PIC any time the UAS is

operating. Any such documents shall be made available to the FAA upon

request.

5. Section 45.23(b). Aircraft Marking​.

Either finding that AIP meets the Section 333 criteria or exemption from the

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 45.23(b)

inapplicable.

Section 45.23, entitled Display of marks; general, subsection (b) states (emphasis

added):

(b) When marks include only the Roman capital letter “N” and the registration

number is displayed on limited, restricted or light­sport category aircraft or

experimental or provisionally certificated aircraft, the operator must also

display on that aircraft near each entrance to the cabin, cockpit, or pilot

station, in letters not less than 2 inches nor more than 6 inches high, the words

“limited,” “restricted,” “light­sport,” “experimental,” or “provisional,” as

applicable.

To the extent the subsection 45.23(b) may be deemed to apply to the sUAS(s), AIP

seeks an exemption from the subsection (i.e., that the word “restricted” be displayed near each

entrance to the cabin, cockpit, or pilot station, and also that any such marking be not less than

2 inches high) because the sUAS is unmanned, and has no cabin, cockpit, pilot station, or

entrances thereto, and its frame is of insufficient size to allow for lettering greater than 3⁄4 of an

inch high. Thus marking the sUAS as required by this subsection would not be possible.

An equivalent level of safety can be provided instead by marking the sUAS with

lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest available surface so as to

permit such marking to be displayed to pilot, crew, and others both when the sUAS is on the

ground and airborne.

6. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b).

Maintenance inspections and recording​.

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. Maintenance will be accomplished by

the operator pursuant to the flight manual and operating handbook as referenced in the

Manual.(See Sections L and Q) An equivalent 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 periods of time. If mechanical issues arise the sUAS 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 sUAS 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.

7. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting

commercial operations. ​AIP seeks exemption from the subsections because the sUAS will not

carry a pilot, passengers or property (other than a camera). Unlike a conventional aircraft that

carries the pilot and passengers, the sUAS is remotely 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 diminished from the level of risk associated with commercial operations

contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with

a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a)

& (b).

8. Section 91.103(b)(2). Preflight action​.

AIP seeks an exemption from 14 C.F.R. 91.103(b)(2). Section 91.103, entitled

Preflight action.

Subsection 91.103(b)(2) requires that the PIC take certain preflight actions as provided

in an approved flight manual or other information appropriate to the aircraft to ensure the

safety of the planned operations. As discussed, AIP pursuant to this Petition, however, will not

be operating the sUAS pursuant to a FAA­approved rotorcraft flight manual or other such

materials recognized to be appropriate to the aircraft and, therefore, will need an exemption

from this subsection. An equivalent level of safety will be provided instead by requiring the

PIC before each flight to following the flight planning procedures set forth in the FOPM, to

include checking the current and forecasted weather and sUAS’s performance data in view of

the launch location elevation, temperature, wind speed and direction, and aircraft gross weight,

as provided in the FOPM.

9. Section 91.109(a). Flight instruction​.

AIP seeks an exemption from 14 C.F.R. 91.109(a). Section 91.109, entitled Flight

instruction; Simulated instrument flight and certain flight tests, subsection (a) states in relevant

part:

(a) 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.

To the extent the sUAS may be used to train or qualify pilots, AIP seeks exemption
from subsection 91.109(a) because AIP’s sUAS(s) are by definition unmanned aircraft(s), and

are not designed to have on board flight controls, let alone fully functional dual controls, to be

used by pilots of manned aircraft as required by the regulation. Instead, the sUAS is remotely

controlled via radio frequency (RF) communications between the controller unit, operated by

the PIC located at the GCS. Any training/qualifying, therefore, would not use or require a dual

set of controls. Rather, in lieu of formalized training, AIP evaluates its PIC’s qualifications

based on their experience with the sUAS and flight demonstration, as provided in the FOPM.

An equivalent or even higher level of safety can be provided instead by using an

unmanned aircraft operated by a PIC who at all times is in control of the sUAS using the

controller unit located at the GCS. Neither student nor instructor need be airborne, thereby

providing for superior safety to persons and property in the air and on the ground than that

provided by manned aircraft performing the same instructional operations.

The FAA has approved exemptions for flight instruction without fully functional dual

controls (e.g. Exemption Nos.5778K & 9862A).

10. Section 91.119(c). Minimum safe altitudes​.

AIP seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum

safe altitudes.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than

congested areas. AIP seeks exemption from subsection 91.119(c) because, pursuant to this

Petition, the sUAS will at all times be operated below 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided

herein, operated below 400 feet AGL, so as to deconflict with manned vehicles operating

above 500 feet AGL, within the VLOS of the PIC with the assistance of a VO so as to ensure

the safety of and deconfliction with any persons or property in the air and on the ground,

including participating and nonparticipating personnel.

11. Section 91.121(a)(1)(iii). Altimeter settings​.

AIP seeks exemption from subsection 91.121(a)(1)(iii) because the sUAS does not use

or have on board a typical barometric altimeter as contemplated by the regulation. Instead, the

sUAS continuously downlinks GPS altitude information from the sUAS to the PIC at the GCS

to maintain altitude.

An equivalent level of safety will be provided instead by operating the sUAS below

400 feet AGL within the VLOS of the PIC (with the assistance of a VO) with GPS altitude

information downlinked from the sUAS to the PIC to maintain altitude and ensure safety.

Prior to each flight, a zero altitude/AGL will be established at the launch site shown on the

GPS altitude indicator and confirmed for accuracy by the PIC.

12. Section 91.151(b). Fuel requirements for flight in VFR conditions.

AIP seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions, states (emphasis added):
(b)​No person may begin a flight in a rotorcraft 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, to fly

after that for at least 20 minutes.

Though the sUAS is unmanned, and thus would not begin a flight with a person in it as

the regulation contemplates, to the extent the regulation applies, AIP would need an

exemption from this subsection because the battery powering the sUAS only provides for

approximately 30 minutes of flight, and therefore would not meet the 30 minute reserve

required by the regulation. Given the limitations on the sUAS’s proposed flight area and the

location of its proposed operations within a predetermined area, a longer time frame for flight

in VFR conditions is reasonable.

G. Conclusion

Accordingly, as set forth above, Aerial Imaging Productions, LLC seeks an exemption

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of

2012, to permit safe operation of AIP’s sUAS(s) (identified in the FOPM) commercially,

without an airworthiness certificate, for the special purpose of conducting aerial imaging

operations. By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to

expedite approval of operations of certain sUAS in the NAS, while also advancing the

interests of the public.

WHEREFORE​, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Aerial Imaging Productions, LLC

respectfully requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b)(2),

91.109(a), 91.119(c), 91.121(a)(1)(iii), 91.151(b),91.203(a) and (b), 91.405(a), 91.407(a)(1),

91.409(a)(2), 91.417(a) and (b), as well as the requirement to have a certificate of

airworthiness under 14 C.F.R. Part 21, Subpart H.

Dated: February , 2015

Respectfully submitted,

Dave Ratner

Dave Ratner

Creative Law Network

2036 East 17th Avenue

Denver, Colorado, 80206

Tel: (720) 924­6529

dave@creativelawnetwork.com