Monty Rand Photography 232 Howard Street Bangor, Maine 04401 207-990-3456 Monty @ montyrand.com
Date: 1 0/23 /20 15
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. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Petiti on of Monty Rand Photography for Exemption Pursuant to Section 333 of the FAA Reform Act

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C

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.R. Part 11 Monty Rand Photography , operator of Small Unmanned Aircraft Systems ("sUASs") equipp ed to conduct aerial photography and videography, News gathering, Aerial Surveying, training , hereby app lies for an exemption from t h e listed Federal Aviation Regulations ( " FARs") to allow commercial operation of its sUASs , so long as such operations are co nducted with in and under the conditions outlined herein or as may be estab li shed by the FAA as required by Section 333

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As described more fu lly below , the requested exemption would permit the operation of small , unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption , if granted , would allow Monty Rand Photography to conduct commercial operations of small unmanned aircraft systems (" UAS") meeting or exceeding all of the operational and safety requirements Congress has set forth in Sec tion 333

. Page 2. Monty Rand Photography asks that if any part of this request is deemed not in comp liance , that part be removed and process the remaining of this request as app licable. Monty Rand Photography is a media/technology company owned and run by Monty Rand

. Mr

. Rand has extensive experience with low level rotorcraft aviation and the unique risks and problems associated. Mr. Rand has been active in Radio Controlled Aircraft for over 7 years with experience in rotary wing aircraft.

Monty Rand Photography plans to exploit the capabi lities of Unmanned Aerial Systems to offer a multitude of services , including:

- Aerial su rvey ing-Event PhotographyNideography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring -News Gathering Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems ", provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA "s hall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b )(I) of this Act or the guidance required by section 334 of this Act." In Section 332(b)( 1), Congress made it clear that Section 333 provides a mechanism for "expedited operation authorization " if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45 .23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R

. 91.15l(a) 14 C.F.R

. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.40 1

- 91.417) Unmanned Aircraft System sUASs are oftentimes s een as superior to helicopters due to the s maller device s cheaper equipment and personnel cost, reduced noi se and as suc h, a much s maller environmental impact which promotes public safety.
We are petitioning for exemption to enable Monty Rand Photography to operate the DJI Inspire 1 equipped with a three-axis camera gimbal and using a High-Def camera. This sUAS has the failsafe function of the autopilot system which mean s when the communication between the Main Controller and the transmitter is di sconnected, the outputs ofall command sticks from controller will go to the center position. If the GPS signal is good enough , the system will automatically trigger Return to Home and will land safely.Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal and Camera
A Pre-flight inspection will be performed by the PIC in accordance with the factory instruction manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has any nicks and cracks with a manufacturers authorized propeller. The sUAS will be maintained in accordance with the manufacturers instruction manual and only manufacturer's authorized replacement parts will be used.

FCC Information This transmitters used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two conditions: ( 1) This device may not cause harmful interference , and (2) this device must accept any interference received, including interference that may cau se undesired operation. The radio transmitters used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the applicable regulations governing a radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitters, the PIC will maintain a s eparation distance of at least 5 em between his body (excluding fingers , hands , wrists , ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations. Pilot in Command and Observer Qualifications and Duties The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate or drivers license , plus at least 1 hours flying time and 3 takeoffs and landings within the previous 90 days in the type ofUAS utilized 

### in operations . A Pilots license is always required for current commercial drone operators, There is currently no way around this. The PIC will have at least 20 hours total time and at least 10 hours flying Radio Controlled Model Aircraft of which will be 5 hours flying sUAS ' s . Training will be conducted at a local Controlled Acces s flying field. Monty Rand Photography has the ability to safely train new sUAS Pilots. The PIC instructor will be at all times be able assume control of the sUAS.
The PlC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation , in flight operation, post flight requirements, all procedures including but not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield SuitabilityThe Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC. The Observers duties are ; warning the PIC of any impending obstacles in the flight path of the sUAS. warning the PIC of any deviations in the planned flight path of the sUAS. warning the PIC should any unauthorized perso nnel appear in the area of the planned flight. The Observer will have the authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely.

Genera l Operatin g Standards Monty Rand Photography will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from hazzard areas
. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public

. "

• Before an operation of a sUAV within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position , altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling

. Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of full- sca le aircraft. At no time will the sUAS be operated within the final approach course and the takeoff course of any runway. The sUAS will not be operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 20 minutes.

• Flights will be terminated at 25% battery power re serve s hould that occur prior to the 30 minute limit.

• The sUAV will be programmed so that it will be operated at an altitude of no more than 400 feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds , including the payload (i.e. camera , lens , and gimbals).

• The sUAV will operate at speeds of no more than 40 knots , can hover, and can s imultaneously move vertically and horizontally.• Given the smal l size of the sUAV and the restricted sterile environment wi thin which they wi ll operate, our sUAV operations adhere to the Reform Act's safety requirements . The UAS, powered by batteries , is smaller, lighter and more maneuverable than larger aircraft running o n combustible f ue l, it operates at l ower altitudes with no people o n board and wi ll thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serio us bodily injury. With a small payload and maximum flight time of only 20 minutes , this is offers little or no risk to national security

. Low level oblique photos and video from several angles are far more effective than ground based imagery for di splaying the characteristics of large , complex properties with several buildings and large trees. The app licants in the past have chartered 2-seat full-sized helicopters for thi s purpose , whi ch has proven more costly than many potential clients have been ab le to afford. The benefits of reduced cost and improved quality of presentation fro m the UA will be va luab le to and benefit many buyers and sell ers of real property as well as mitigating risk by not carrying personnel for flight operations. (a) No flight w ill be made with a Gross weight exceeding 55 pounds ; (b) All operations must occur in FAA allowed Class of airspace at no more than 400ft AGL, at an airspeed of no more than 40 knots and no further than Visual line of s ight from the PIC ; (c) A ll opera ti ons must utilize a visual observer (VO). T he VO and PIC must be able to communicate by voice at all times during a fli g ht operation; (d) All required permits will be obta ined from state and local governn1ent prior to operation;



### EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Monty Rand Photography requests an exemption from the fo ll owing regulations as well as any additional regulations that may technically app ly to the operation of the sUAs System: 

### 14 CFR Part 21, Ainvorthiness Certificates This part establi shes the procedures for the issuance of an airworthines s certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we reque st an experimental certificate be iss ued for the DJllnspire under either or both of the following provi sio n s: 21.191 Experime ntal certificates. Experimental certificates are is s ued for the followin g purposes: (a) 

### R esear ch and de velopment

. Testing new aircraft de s ign concepts, new ai rcraft equipment, new aircraft in stall a ti ons, new aircraft operating technique s, or new use s for aircraft. (b) 

### Showing compliance with regulations

. Conducting flight tests and other operations to show comp liance with the airworthiness regulations including flight s to show compliance for is suance of type and supplemental type certificates, flight s to substantiate major des ign changes , and flight s to show compl i ance with the function and reliability require ments of the regu lations. Since the experimental certificate can be used for commerc ial purpose s s uch asmarket surveys, sales demonstrations , and customer crew training, we wou ld expect that an experimental certificate would pe rmit our commercial purpose as we ll. The aircraft will not carry persons or property , will not carry fuel, and will only fly under strict operationa l requirement s. Combined with the UA's light weight, being constructed primarily of carbo n fiber and plastic , we propo se that the UA wi ll be at least as safe, if not s afer, than a conventionally cert ificated a ir craft performing the same mi ss ion. If an experimental airworthiness certificate is not appropriate fo r this application, then we request an exemption of 14 CFR Part 21, Subpart H , and the requirement for an airworthiness certificate in genera l, citing the equivalent leve l of safety o utlin ed in the previou s paragraph

. 14 CFR 45.23 Display of marks; general and 45.29 Size of marks

. These regulations provide that each aircraft must display "N" and the a ircraft's regi s tration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inche s high near the ent rance to the cabin, cockpit , or pilot sta tion

. The sUAV doe s not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a regi s tration number assigned to it by th e FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the a ir craft, as shown above , where the PIC (Pilot In Contro l), VO (V is ual Observer) and others in the vicinity of the aircraft whi le it is preparing for launch will be ab le to see the designation. Additionally, we feel that the permanent placard di sc ussed in the previous paragraph will prov ide the aircraft's registration information at the ground station

. Finally , we will display at the ground station a high contrast flag , sign or banner that contains the words "Unmanned Aircraft in Use" in letters 3 inches high or greater. S ince the aircraft wi ll operate within Line of Sight of t he ground stat ion , the banner s hould be visib le to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitation s: Pilot in Command and 61.133 Commercial pilot privileges and limitation s . The regulation provide s that no perso n that hold s a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) a ll ows a private pilot to act as pi lot in command ofan aircraft in connection with any business or employment if : (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry p assenger s or property for compensation or hire. Our propo sed operations require that the PIC mus t hold at least a Sport Pilot Certificate with a Drivers License and s ince the aircraft cannot carry passengers or property , we fee l we meet the intent of 61.1 13 Subparagraph (b) even thoug h the intent of thi s application is to conduct a business.
14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate

. As no s uch certificate w ill be applicable in the form contemp lated by the FARs, this Regulation is inapplicable.
14 CFR 91.9 Civil aircraft flight manual, marking , and placard requirements

. This regulation provides that no person may operate an aircraft unl ess a current, approved flight manual is in the aircraft. We assume th at th e intent of thi s requi rement is to ensure that flightmanual information is available to the aircrew while operating the aircraft

. We request an exemption to this requirement since the aircraft is not only too small to carry documentation , the docume ntation would not be available to the crew during flight operations. To obtain an equiva lent level of safety and meet the intent of 91.9 , we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for , flight.
14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at a local Limited Access flying field. Monty Rand Photography has the ability to provide " Safe Dual Training". The PIC instructor will be at all times be able assume control ofthe sUAV. 91.119 Minimum safe altitudes : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel , vehicle , or s tructure. Since the typical mission of the sUAS would be photography or survey ofpersons , vessels , ve hicl es or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails , an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehic les and structures is minimal compared to manned ai rcraft, which shou ld be considered in granting the exemption.

CFR 91.121 Altimeter settings . The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter settin g available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC , providing a constantly updated AGL readout.
14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at leas t 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from a single battery charge is 20 minutes with a 25% re ser ve. Since the aircraft wi ll never 

### fly more than line of sight from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".
14 CFR 91.203(a) & (b) Civil aircraft: Certifications required .The r eg ul ation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, s ubparagraph (b) provides that the airworthiness certificate be "d isplayed at the cabin or cockpit ent rance so that it is legible to passengers or crew
. " At a maximum gross we ight of 6.1 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equi valent level of safety and meet the intent of 91.203 , we propose that documents deemed appropriate for this ai rcraft by the FAA will be with the crew at the ground contro l station and available for inspection upon request. In order to identify the aircraft , we propose that the information found on ai rworthiness and registration cer tifi ca tes be permanently affixed to the aircraft via placard containing the following informat ion plus the wo rd "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

### 14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements This r egulation provides a minimum set of instruments and equipment required for day and night VFR flight. Due to the smal l size of the sUAS it would be impossible to carry many of these instruments. 91.205 (b) 4,5,6,7,8,13 , 14 ,16 , 1 7 are not app licab le as the sUAS has no Reciprocating eng ines or seats. 9 1 .205 (b) 2,3 ,9 are provided on the hand held controller. 91.205(b) 1 is not appl icable as the maximum available speed ofthe sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not app li cable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it wo uld be impossible for the sUAS to carry any known ELT

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.205 (c) Much of this equipment is too heavy to be carried by the sUAS

. We feel that visual contact with the sUAS and indications provided via the co ntroller that all critical information can be monitored.



### 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsib le for maintaining the aircraft in an airworthy co nd ition , including comp li ance with part 39 and 43. Paragraphs 91.407 and 91.409 r eq uire that the ai r craft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks , replacing a propeller, checking electrical connections and updating sof tware and firmware for the on-board comp uter. All other maintenance will be perf ormed by the manufacturer or their designated repair fac ility. We feel that due to the size, construction, and simp li city of the aircraft, the PIC can ensure an equivalent level of safety

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### Safety and Benefits of the UAS Monty Rand Photography w ill be using the UAS in a variety ofapplications that generally require expensive fu ll -size manned aircraft to complete. Small, light, unmanned aerial vehicle s offer myriad benefits over the use of full-sized manned aircraft fo r electric power line inspection , oil/gas pipeline inspection , advanced agriculture , film and still photography , just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAScarrying no passengers or crew creates a muc h greater margin of safety for the pilots and crew. By granting Mont y Rand Pho tograp hy's requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Monty Rand Photography is committed to promoting the UAS research efforts ofpolicymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and servi ng as a re so urce for future UAS r esearch o perati o n s. Thus , the FAA has good cause to grant thi s Petition.
Co nclu s ion As pointed out in thi s application , all the SUAs which our company would use, under authorization by the US DOT-FAA, are s mall , li ght-wei g ht devices operated within the line of s ight of the Pilot-in- Co mmand (PIC) , les s than 400 feet above the ground and outsi de 5 mil es from any airport, heliport, sea pl ane ba se, space port, or other location with aviation activities, unless the air traf fic control authorities (ATC) have been notified and have authorized each fli ght within a radiu s of thi s distance.
All our SUAs have proven capability for controll ed flight. They are devi ces offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. W e are certain that the s tudies conducted until now by the FAA, about Section 332, Public Law 11 2-95, 2014, have already provi ded yo u with the assurances on the airworthiness of SUAs suc h as ours. For th e forego ing reaso n s, the exemptions reque sted herei n should be g ranted

. Monty Rand Photography should be permitted to conduct s mall UAS operations in acco rdance with its manual s and all other operating parameters deemed necessary and appropriate by th e FAA

. The submi ss ion of thi s application and its contents is th e bes t demo nst ration that indeed it is po ss ible to purs ue the authorization proce ss so that so me SUAs may be u sed for legitim ate commercial activities and under reasonably safe conditions. If any individual aspec t of this reque s t for exemption be unacceptable we ask that it be str uck alone and the remainde r ofthe exemption be allowed as reque s t ed. Signed

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