August 8, 2015

U. S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12

-140 1200 New JerseyAvenue, SE Washington, DC 20590
Re: Exemption Request Section 333 ofthe FA A Reform Act and Part 11 ofthe 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).
Attachments: DJI Inspire 1 Maintenance Manual; DJI Inspire 1 Safety Guidelines
Dear Sir or Ma’am: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, First CoastAerial Imaging, LLC hereby applies for exemption from a selection of Federal Aviation Regulations (“F ARs”) to allow commercial operation of small unmanned aircraft systems (“sUAS”) provided that such operations are conducted within the conditions outlined herein or as established by the FAA per Section 333. First CoastAerial Imaging,LLC is an operatorofa DJI Inspire1 sUAS and is equipped to of fer on

-demand commercial UAS operations for a host of industries and applications. These include:

• Cinematography, and videography

• Precision agriculture

• Wildlife and forestry monitoring

• Aerial surveying

• Real estate photography

• Documentary video support

• Sanctioneddisaster imaging(www.airbears.org)

• Special eventoperations.
The requested exemption would permit the operation of small, unmanned and relatively inexpensive unmanned aerial systems under controlled conditions in airspace that is limited, predetermined, and safe to access. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FA A Administrator’s) responsibilities to “...establish requirements for the safe operation ofsuch aircraft systems in the National Airspace System.” Section 333(c) ofthe Reform Act.
The name and address ofthe applicant is: First CoastAerial Imaging, LLC Attn: Ted V

enable13885 Hanover Park Ct.

Jacksonville, FL32224 Ph: 904

-553

-9401 (c) E

-mail: first.coast.aerial.imaging@gmail.com Exemption is requested for the following regulations: 14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 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 Congress’ goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the National Airspace System (NAS) before completion ofthe rulemaking required under Section 333 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:

• The UAS’s size, weight, speed, and operational capability

• Operation ofthe UAS in close proximity to airports and populated areas

• Operation ofthe UAS within visual line ofsight ofthe operator

. Reform Act § 333 (a). Ifthe Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the National Airspace System.” §333(c)(emphasis added) 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 ofthe 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 FA A the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is definedunder §40101 ofthe Act that includes sUAS, 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 prescribed under subsection (a) or (b) ofthis section or any sections 44702

-44716 ofthis title ifthe 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). sUAS operated by First CoastAerial Imaging, LLC is a quadrotorcraft weighing 55 pounds or less including payload

. It willoperate under normal conditions at a speed of no more than70mph. Itwill operate only in line of sight and will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard to users ofthe National Airspace System or the public.” Reform Act §333 (b). Given the small size ofthe sUAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FA A must, by exemption, allow commercial operations of UASs to commence immediately

. Also due to the size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FA A grant the requested exemption without delay

. **AIRCRAFT AND**  **EQUIV ALENT**  **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 at least an equivalent or even higher level ofsafety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe operations conducted with conventional aircraft.
These limitations and conditions to which First CoastAerial Imagingagrees to be bound when conducting commercial operations under an FA A issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observer

. 3. Maximum total flight time for each operational quadrotorcraft flight will be 20 minutes for each operational flight. Flights will be terminated at 15% battery powerreserve should that occurprior to the 20 minute flight duration

. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which imaging is planned.5. Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer, and/or

the Camera Operator

. 6. First CoastAerial Imaging pilot in command is a licensed commercial pilot withsingle engine land, multi

-enginelandcenterline thrust and instrument land rating

. The pilot holdsa valid state

-issued driver’s licenseand/or a medical certificate of class III or above. 7. sUAS Pilot will be Pilot in Command (PIC). Ifa pilot certificate holder otherthan the sUAS Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), that person can also be designated as the PIC. 8. The UAS will only operate within a confined “Sterile Area” ofthe flight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations priorto each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing. 10. The operatorwill obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level ofsafety determination. 11

. Pilot and observerwill have been trained in operation of UAS generally and received up-to

date information on the DJI Inspire 1 sUAS to be operated, including the latest firmware updates

. 12. Observer and pilot will at all times are able to communicate by voice and/or text. 13. Written and/or oral permission from the relevant property holders will be obtained. 14. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 15. Ifthe sUAS loses communications or GPS positioning information, the UAS will have failsafe capability to return to a pre-determined location and land. 16. 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 with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the sUAS safetyprocedures

. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the procedural requirements, and under the requirements and in compliance withlocal public safety requirements, to provide security for the area ofoperation as is now done

with conventional videography

. These safety enhancements, which already apply to civil aircraft operated in connection promotional videography, provide a greater degreeof safety to the public and property owners than conventional operations conducted withairworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
**14 C.F** **.R. §**  **45.23 (b).**  **Marking of** **the Aircraft** 
The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size ofthe sUAS, two

-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 11251, 10700, 8738, 10167 and 10167A.
**14 C.F** **.R. §**  **61.1 13**  **(a) &**  **(b): Private**  **Pilot Privileges**  **and Limitations:**  **Pilot in**  **Command.**
Sections 61.113 (a) & (b) limit private pilots to non-commercial operations
**.** Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport pilot’s license (or higher rating) rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance

.The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with the PIC holding a minimum ofa sport pilot rating 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 aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FA A regulatory standard will exist for determining airworthiness.Due to the large size of the operator manual (version 1.4 dated 28 July 2015) for the DJI Inspire 1 instead of

attaching the manual to this request, it can be found atthe following link: http://download.dji

-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf
**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) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis 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. The sUAS, 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 ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FA A has issued the following exemptions to this regulation: Exemption Nos. 11251, 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
**14 C.F** **.R. §**  **91.103: Preflight**  **action**
This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. **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. sUAS 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. Operating frequencies for the DJI Inspire 1 rotorcraft are listed in the DJI manuals. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos. 11251, 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 ofthe aircraft.
**14 C.F** **.R. §91.1** **19: 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 thisexemption is for a sUAS that is a helicopter, and the exemptionrequests authority to

operate at altitudes up to 400 AGL, or not more than 200 above anelevated platform from which filming is planned, an exemption may be needed to allow suchoperations. As set forth herein, except for the limited conditions stated in the manual, the UAS will never operate at higher than 400 AGL. Itwill, however, be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be executedwithout the required permission ofthe property owner or local of ficials. Because ofthe advance notice to the property owner and participants in the aerial activity, all af fected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL other industries. In addition, the low

-altitude operations of the sUAS 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 an altimeter that is set “...to the elevation ofthe 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 ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. Constant monitoring of the rotorcraft’s GPS altitiude will be done by the PIC.
**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 underVFR 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes.” The battery powering the DJI Inspire 1 sUAS provides up to 20 minutes of powered flight, To meet the 30

-minute reserve requirementin 14 CFR§91.151, sUAS rotorcraft would be limited toapproximately 0minutes. Given the limitations on the UAS’s proposed flight areaand the location of its proposed operations within a predetermined area, a longer time frame forflight 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 sUAS, in a tightly controlled area where only people and property owners or of ficial representatives who have signed waivers will be allowed, 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 ofthe small UAS. Additionally,limiting sUAS flights to 0 minutes for the rotorcraftwould greatly reduce(or eliminate)

the utility forwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 20 minutes (with 15% of battery power remaining, whichever happens first) for the rotorcraft. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 11251, 2689F, 5745, 10673, and 10808.
**14 C.F** **.R. §91.203**  **(a) and**  **(b): Carrying**  **Civil Aircraf**  **t 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) ofthis 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 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 certification and registration documents or to display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 11251, 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):**  **Ma intenance**  **Inspections**
These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis 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 pursuant to the flight manual and operating handbook will accomplish maintenance. 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 oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the attached DJI maintenance manual and ensuring that all firmware updates are installed,the operator will ensure that the UAS is in working order priorto initiating flight, perform requiredmaintenance, and keep a log of any maintenance performed. Moreover, the operator is theperson most familiarwith the aircraft and best suited to maintain the aircraft in an airworthycondition 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:First CoastAerial Imaging, LLC 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 (55 lbs. or less). Approval of exemptions allowing commercial operations of sUAS will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subjects being filmed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts ofjetA or other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried
on board. The sUAS is carried to the operation site 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 ofsmall UAS, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe 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 sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Videographywill be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. Any agreements with participating parties that may contain proprietary informationwill not beshared with others. Any documents thatcontain operating conditions and procedures that are not available to the publicare protected from release underthe Freedom of Information Act, 5 U.S.C. §§ 552, et seq. The grant ofthis exemption request will provide improved safety in sUAS operations. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012

– size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS. Sincerely,

Ted V enable First CoastAerial Imaging, LLC