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Expert Aerial Photography October 10 , 2015 5877 Washington Blvd Unit 50463 Arlington VA 22205 Cliff@ExpertAerialPhotography.com

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, D

. C

. 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal
Aviation Regulation

Dear Sir or Madam,

I, Clifford Crittenden, owner of "Expert Aerial Photography", am writing pursuant to the FAA Modernization and Reform Act of 2012 and the proce dures contained within 14 C.F.R. 11, to request that , "Expert Aerial Photography", a drone business specializing aerial photography and videography for real estate, architecture, land surveying, engineering, television events, public events, cinematograph y, residential and commercial inspections, search -and- rescue

opera tions, and closed set film and movie production; be exempted from the Federal Aviation Regulations (“FARs”) listed below so that we may operate a s mall ultra

- lightweight u nmanned

a ircraft s ystem (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein, Clifford Crittenden, is a retired Boeing

- 727 captain and a FAA licensed Airline Transport Pilot with over 18,000 hours of flight experi ence with two Part 121 Commercial Air Carriers. He has type ratings in the Boeing

- 727 and DC

- 9. In addition, his flight experience
includes the DC

- 8, DC

- 10, Lockheed Electra (L

- 188) and the Convair 440. His airline pilot career of 32 years was incident and accident free.

"Expert Aerial Photography", will be ope rating a DJI Inspire and Phantom 2 with intent to operate them for commercial use following exemption and approval by the FAA. Clifford is an FAA licensed Airline Transport Pilot. Clifford Crittende n will be the chief pilot at "Expert Aerial Photography" for the proposed use of the sUAS.

Exemption request would permit operation of a small ultra

- lightweight unmanned (piloted by remote control) aircraft system (sUAS) in controlled and limited airspace

.

I, Clifford Crittenden, owner of "Expert Aerial Photography", will detail in this petition the specific regulations for which we seek relief, offering alternate and equivalent ways of providing a level of safety at least equal to the existing rules. Th is petition focuses on public safety and public
benefit.2



## I. Contact Information:

Clifford Crittenden Phone: (786) 205

- 1425 Expert Aerial Photography 5877 Washington Blvd

- Unit 50463 Email: Cliff@ExpertAerialPhotography.com Arlington VA 22205



## II. The s pecific s ections of Title 14 of the Code of Federal Regulations
from w hich Expert Aerial Photography requests exemption are:

14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.1 21; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)



## III. The Extent of Relief That Expert Aerial Photography Seeks and the

Reason It Seeks Such Relief:

I, Cliff Crittenden, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent "Expert Aerial Photography's" contemplated commercial use of an sUAS for photographic and videographic use within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. All of "Expert Aerial Photography's" ultra

- lightweight sUASs meet the definition of “small unm anned aircraft” as defined in Section 331 and therefore the integration of my ultra

- lightweight sUASs are expressly contemplated by the Reform Act. I would like to operate my ultra lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography. The Reform Act guides the Secreta ry in determining the types of sUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUAS; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for "Expert Aerial Photography". My sUASs are3

equipped with GPS and auto return safety technology. Weighing less than seven (7) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, Clifford Crittenden, consider safety the utmost importance with every flight. My sUAS is designed to hover in place via GPS and operate in less than a 19 knots (22 mph) wind. Built in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. When pilot communication is lost, the sUAS is designed to return to the point of take

- off and then slowly descend. "Expert Aerial Photo graphy" will not operate a sUAS near airports, hospitals nor police heliports, and will not operate near areas where general public is within ninety (90) to three hundred (300) feet depending on location, conditions and weather. Our sUASs are capable of ve rtical and horizontal operations, and are flown only within line of sight of the PIC. Utilizing battery power rather than combustible fuels, flights will last less than fifteen (15) minutes, with an altitude under four hundred (400) feet. "Expert Aerial Ph otography" will not operate a sUAS at or below the manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio remote control and the sUAS to eliminate p otential for a crash, loss of control or other hazards. The crew will always include an FAA licensed pilot. The crew members at "Expert Aerial Photography" have done scores of practice flights in remote areas on private property as hobbyists simulating fli ghts for future commercial use to gain familiarization with the characteristics of our specific sUAS’s performance under different temperature and weather conditions.

"Expert Aerial Photography" chief pilot will be Clifford Crittenden, an FAA licensed Air line Transport Pilot with over 18,000 hours of flight experience. He has type ratings in the Boeing

- 727 and DC

- 9. He is extremely cautious when operating the sUAS (small ultra

lightweight unmanned aircraft) and will not “create a hazard to users of the nat ional airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of our sUAS, it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into th e national airspace system. My DJI Inspire 1 and Phantom 2, used in hobby flight, have a demonstrated safety record.



## IV. How Expert Aerial Photography Request Will Benefit the Public As A

Whole:

"Expert Aerial Photography" is a small business serving custome rs in the United States and the United States Territories. Aerial photography has been around for a long time utilizing manned fixed wing aircraft and helicopters. Now, some of these missions can be replaced with more cost effective, safer, and environment ally friendly sUAS missions. In addition, for many small budget productions the expense of such aerial photography and videography using manned aircraft is cost prohibitive. We would operate in a very4

competitive environment, competing with large nationwid e photography and videography suppliers. We are able to compete on quality and service. The advent of sUAS’s used in this business environment, and their ability to produce unique images will not only help our small business compete with larger businesses. It will also add value to other businesses. One example: it will provide our realtor customers with their own new business value, thus promoting commerce and economic development. Permitting "Expert Aerial Photography" to immediately fly within national a ir space furthers economic growth. It provides a definite benefit to other companies looking to use aerial photography and videography, both of which increase commerce and serve as a benefit and stimulus to the economy and community.



## V. Reasons Why Expert Aer ial Photography Exemption Will Not Adversely Affect Safety or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

"Expert Aerial Photography" has the utmost respect for everyone’s safety and comfort. Our chief pilot, Clifford Crittenden, has an Airline Transport Pilot License. He has a solid understanding of the National Airspace System, and over three decades of conservative decision making concerning safety.

A. As it concerns to sUAS operations: Our sUAS DJI Inspire 1 and Phantom 2 each weigh less than seven (7) pounds;

B. The drone operator will be a FAA licensed pilot with a current medical certificate or driver’s license;
C. The PIC will have a minimum of 50 logged flights and 20 total hours in the make and model of the operat ing sUAS, including at least 3 flights in the last 90 days;

D. We only operate our sUAS below 400 feet AGL in day VFR conditions which are within the permissible ceiling set by the FAA Modernization and Reform Act of 2012;

E. We will not operate the sUAS in Clas s A, B, C, or D airspace without written approval from the FAA;

F. We will not operate within 3 nautical miles of the geographic center of a non towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that ai rport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request;
G. During operation of t he sUAS, signs will be posted warning the public stating:
“CAUTION

- STAY BACK 100 FEET

- DRONE FLIGHT IN PROGRESS”;

H. If any unauthorized person moves within 90 feet of the operating sUAS, the mission will be aborted immediately;5

I. Our sUAS will only operate for less than fifteen (15) minutes per flight. Generally, the flights are between five (5) to ten (10) minutes, severely limiting the exposure of any safety concerns towards the public or property;

J. We pilot our sUAS through remote radio control only by vis ual line of sight, keeping the sUAS within 500 feet of the operator at all times;

K. Our sUAS has a GPS controlled failsafe system, a flight safety feature whereby it returns to the takeoff location and then slowly lands if communication with the

remote contr ol pilot is lost;

L. We actively record and analyze flight data and other sources of information to constantly update and enhance safety protocols;

M. Before each flight we assess the environment and we only proceed to operate in reasonably safe environments tha t are controlled;

N. We conduct extensive pre

- flight inspections and protocols;
O. We always obtain all necessary permissions prior to operation;

P. We have procedures in place to abort flights in the event of safety breaches or potential danger.



## VI. A Summary: The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certifi cates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area "Expert Aerial Photography" sUAS permits exemption from Part 21 because our sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the
Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt
sUASs from the airworthiness cer tificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. "Expert Aerial Photography" sUAS meets or exceeds each of

the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be
defined. The FAA ha s previously issued exemptions to this regulation in6 Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 "regarding altimeter settings" is inapplicable insofar as our
sUAS utilizes an electr onic global positioning systems with a barometric sensor, and altitude information will be provided to the pilot via a digitally encoded

telemetric data

- link to a real

- time display.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraf t certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by "Expert Aerial Photography"

.

B. 14 C.F.R. § 4 5.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark ce rtain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Elevated Images will mark the sUAS in the largest possible lettering by placing the word “EXPERIMEN TAL” on its fuselage by 14 C.F.R. §45.29 (f). The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61 .113 (a) & (b), private pilots are limited to non

- commercial operations. Elevated Images can achieve an equivalent level of safety as achieved by current Regulations. The PIC will have a Commercial Pilot certificate

with a current Medical or driver's licen se, and will meet the flight review requirements specified in 14 CFR § 61.56.

D. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Our
sUAS will ne ver operate at an altitude greater than 400 feet AGL and only in safe areas. Given the small size and weight of the sUAS, its maneuverability and speed profile, we can achieve an equivalent level of safety.

E. 14 CFR § 91.151(a) requires a thirty (30) minute fuel reserve for flight in VFR conditions. Since maximum flight time is limited to battery capacity, and is less than 30 minutes for our sUAS, we will operate our sUAS for no longer than fifteen (15) minutes on a full charge. A full charge would allow for a flight time of at least twenty (20) minutes, providing a 25% safety margin. The FAA has previously issued exemptions for manned aircraft to operate at less than the minimums prescribed in 14 CFR § 91.151(a), including Exemption Nos. 2689, 5745, and7 1065 0. In addition, similar sUAS

- specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions.

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above cite d Regulations require, amongst other things, aircraft owners and operators to “have [the] 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 discrepan cies repaired as prescribed in part 43 of this chapter. . . .”

To comply with this regulation, the PIC, before each mission, will check the manufacturer’s internet service pages, and ensure applicable software and hardware is up to date as required, and e nsure compliance with any safety bulletins posted. In addition, the Operator’s Manual as provided by the sUAS manufacturer will be revised to include specific operating procedures and limitations to comply with the exemptions sought. The revised Operator’s Manual will be in possession of the crew during operation of the sUAS, and must be made available to the Administrator or any law enforcement official upon request.

In summary, Expert Aerial Photography seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. §91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14
C.F.R. § 91.121; 14 C.F.R. §91.151(a); 14 C.F.R. § 91.203(a) and (b); 14 C.F.R. § 91.405 (a);14 C.F.R. § 91.407 (a)(1); 14 C.F.R. §91.409 (a)(2); and, 14 C.F.R. § 91.417(a) & (b) to commercially operate "Expert Aerial Photography's" lightweight unmanned aircraft vehicle in aerial photography and videography operations. "Expe rt Aerial Photography" will utilize safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. "Expert Aerial Photography" will conduct formal collection of information of its op eration of the sUAS, which will be shared with the FAA, and will contribute to the enhancement of the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. "Expert Aerial Photography" operation of th e sUAS, weighing less than seven (7) pounds and traveling at low speeds within limited controlled areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, "Expert Aerial Photography" respectfully requests that the FAA grant our exemption request.

Respectfully submitted,

Captain Clifford Crittenden, Owner Phone: (786) 205

- 1425 Expert Aerial Photography 5877 Washington Blvd

- Unit 50463. Email: Cliff@ExpertAerialPhotography.com Arlington,VA 22205