13 August 2015

U.S. Department of Transportation Docket Operations , M

- 30 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 and

Part 11 of the Federal Av ia tion Regulations

Dear Sir or Madam :

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C F R Part 11, Alan Clore (Petitioner) hereby applies for an exemption from Federal Aviation Regulations to allow commercial operations of small unmanned aerial systems (sUAS) for the purpose of acquiring aerial images, photography, and videography

.

The make and model of s UAS for which Petitioner requests exemption are :

 DJI Inspre 1

 DJI Phantom 2

 DJI Phantom 3 Professional

 3D Robotics Solo

This petition is organized as follows:

I. Description of Petitioner

II. Types of Operations

III. Safety and Proposed Limitations of Operations

IV. Regulations from which Exemption is Requested

V. Benefit to the Public

VI. Privacy

VII. Summary for Federal Registry

VIII. Attached Document

IX. Conclusion

### I. Description of Petitioner

The Petitioner’s name and address is:

AviaVideo, LLC

Alan Clore , manager 654 Clore

- Jackson Rd. Shelbyville, KY 40065

Phone: 502

- 667

- 0213
Email : ac@aviavideo.com

The manager of AviaVideo, LLC is Alan Clore, an American citizen and certificated flight instructor who has been a licensed pilot for over 22 years.



### II. Types of Operations

Petitioner proposes to use sUAS for commercial operation to acquire aerial images, photography, and videography for the following purposes :

 agricultural crop assessment

 land surveying

 building and structural inspections

 real estate marketing

 news gathe ring

 UAS training and safety operations

 search and rescue operations

 informational and educational video production



### III. Safety and Proposed Limitations of Operations

Petitioner proposes to operate within the following operational limitations to ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines with conventional aircraft that carry combustible fuel and passengers

.

1. The s UAS will weigh less than 55 pounds

. 2. Flights will be operated within line of sight of a pilot in command (PIC) and visual

observer (VO).

3. Maximum total flight time for e ach operational flight will be 3 0 minutes. Each

f l ight will be terminated at 25% battery power reserve should that occur prior to

the 30 minute limit. The PIC will ensure there is enough battery power to

co n duct the flight and operate after that for at least 5 minutes.

4. Flights will be operated at an altitude of no more than 400 feet AGL

. 5. The sUAS will not be operated at a groundspeed greater than 80 knots.6. Minimum crew for each operation will con sist of the sUAS Pilot and a Visual

Observer. Additional crew may consist of a cam era operator

. 7. The s UAS will be operated at all times within Visual Line of Sight (VLOS) of the

Pilot in Command (PIC) , a nd Visual O bserver. The PIC and VO will be able to communicate verbally at all times during the flight.

8. The s UAS PIC will be an FAA licensed airman with a minimum private pilot

certificate and third class medical or vali d U.S. driver’s license. The PIC will also meet the flight review requirements in 14 CFR § 61.56

. 9. The PIC and VO will be designated prior to each flight.

10. All sUAS flights will be conducted in daytime Visual Meteorological Conditions (VMC)

. 11. The sUAS wil l only operate within a confined pre

- determined area for each flight.

12. If the sUAS loses communications or GPS signal it will have the capability to
return to a pre

- determined location within the secure perimeter and land.

13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14. A briefing will be conducted prior to each day’s UAS flight operations . It will be mandatory for all personnel who will be performing duties within the safety perimeter to be present for this briefing.

15. All required permissions and permits will be obtained from territorial, state

, county, or city jurisdictions, including law enforcement, fire, and other appropriate government agencies.

16. All operations will be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative.

17. All operating documents, including any exemptions granted by the FAA, will be accessible during each sUAS operation.

18. Petitione r will maintain and inspect each sUAS to ensure it is in a safe condition for flight prior to each sUAS operation. All maintenance will be performed according to manufacturer’s guidelines.

19. The Petitioner will ensure that the sUAS will comply with all ma nufacturer’s safety bulletins.

20. Prior to each flight the PIC will conduct a pre

- flight inspection to confirm the sUAS is in a condition for safe flight. If the inspection reveals any condition that affects safe operation of the sUAS , operations will be halted until maintenance is performed and the aircraft has been found in a condition for safe flight.

21. After any maintenance or alterations

, each sUAS will undergo a functional test flight to b e conducted by a PIC and VO. The sUAS w ill remain at least 500 feet from any people and will be conducted in such a way as not to pose a hazard to persons and property.

22. The PIC will obtain consent of all persons involved in the filming and ensure that only consenting persons wi ll be allowed within 5 00 feet of the flight operation.

23. The sUAS will remain clear and give way to all manned aviation operations and

activities at all times.

### IV

. Regulations from whic h Exemption is Requested

14 CFR Part 21, Subpart H: Airworthiness Certificates , 14 CFR §91.203 (a) (1)

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1).

Given the small size and limited operating area associated with the s UAS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and p opulated areas of the particular UAS.

The sUAS to be operated is less than 55 pounds fully loaded, carries neither a pilot nor

passenger s , carries no explosive materials or flammable liquid fuels, and operates exclusively within a defined area. Operating the sUAS without an airworthiness certificate, in the restricted environment and under the conditions proposed in this petition will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness cer tificate without the restrictions and conditions proposed.

14 CFR § 45.23 (b) and § 45.29 . Marking of the Aircraft

Section 45.23 (b) states that “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. ”

T he sUAS has no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- i nch lettering will be impractical

.

Petitioner will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.14 CFR § 61.113 (a) & (b): Private Pilot Privileges an d Limitations: Pilot in

Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. U nlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely

controlled and carrie s no passengers . The area of operation is controlled. An equivalent level of safety can be achieved by requiring the PIC operating the aircraft to have a private pilot’s license. The risks associated with the operation of the sUAS are

so diminished from the level of risk associated with commercial operations of conventional aircraft carrying combustible fuel and passengers , 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)

.

Furthermore, Petitioner is a commercial pilot. Since there are currently no applicable areas identified for UAS in either the private or the commercial sector, an exemption is requested to conduct commercial operations.

14 CFR § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the
safety of flight. As FAA approved rotorcraft flight manuals will not be used, an

exemption is requested. However, an equivalent lev el of safety will be provided. The
PIC will take all actions, including reviewing weather, flight battery requirements, landing

and takeoff distances, and aircraft maintenance data before commencement of flight

.

14 CFR §91.109: Flight Instruction

Section 91.109 (a) states 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.

sUASs and remotely piloted aircraft, by their design d o not have fully functional dual

controls. Therefore the exemption is requested to train operators, build experience, and maintain proficiency. The FAA has approved exemptions for flight training without fully

functional dual controls for a number of airc raft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor

passengers will be carried in the sUAS and by the size and speed of the aircraft.14 CFR §91.119: 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 altitud es prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, the sUAS wi ll never operate at higher than 400 AGL. It will however be operated in a safe and predetermined area.The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcra ft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lo w

- altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR §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 of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety w ill be achieved by the PIC by confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering t he sUAS typically provide s less than 3 0 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 would not be possible.

Petitioner asserts that an equivalent level of safety will be achieved by limiting flights to

25% of remaining battery power and ensuring that flights are completed with 5 minutesof battery power remaining. This restriction will be more than adequate to return the

sUAS to the proposed landing zone from anywhere in its limited operating area and does not engender the type of ri sks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,10673, and 10808

14 CFR §91.203 (a) and (b): Carrying Civil Aircra ft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no pers on 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) of this section or a special flight authorization is sued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passeng ers or crew.

The sUAS 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 regis tration documents or to display them on the sUAS.

An equivalent level of safety w ill be achieved by keeping all operating documents at the ground control point where the pilot flying the sUAS wil l have immediate access to

them . The FAA has issued numerous exemptions to this regulation.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

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 s and Part 43 apply only to aircraft with an airworthiness

certi ficate, these sections will not apply to the applicant. Maintenance will be accomplished by the Petitioner in accordance with manufacturer’s guidelines

. An equivalent level of safety will be a chieved because these small UAS are very limited in

size and wi ll 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. The Petition er will ensure that the sUAS is

in worki ng order prior to initiating flight, perform required maintenance, and keep a log of any maintenance p erformed. Moreover, the Petitioner is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to pro vide the equivalent level of safety.14 CFR §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 FAA regulatory standard will exist for determining

airworthiness

. A n equivalent level of safety will be provided by the PIC ’s inspection of the sUAS prior to each flight and by complying with maintenance proce dures outlined by

the manufacturer.

14 CFR § 91.9 (b) (2): Civil Aircraf t Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is n ot 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.

The sUAS, given its size and configurat ion has no ability or place to carry such a flight

manual on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at a ground control point where the pilot flying the sUAS will have

immediate access to it. The FAA h as issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,
32827, and 10700.



### V. Benefit to the Public

Use of an sUAS weighing less than 55 pounds instead of manned flights in aircraft that carry passengers and combustible fuel significantly improves safety and reduces the risk of injury or property damage. The operating costs are also considerably less thereby benefitt ing the farmers, construction companies, building inspectors, and others who use aerial photography. It also benefits the environment by not producing carbon emissions as internal combustion engines do. C onventional manned aircraft often require consider able fuel to fly to a location which increases cost, time, and carbon

emissions

. Use of Petitioner’s sUAS makes aerial surveys for agriculture more affordable thereby benefitting the public by allowing farmers to increase crop yield and better manage soil erosion and chemical runoff by evaluating aerial images of terrain.

### VI. Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Recognizable images will only be recorded of peop le who have given their consent or otherwise have agreed to be in the area where active image acquisition will take place. All flights will be conducted in accordance with federal, state, or local laws regarding privacy.



### V I I. Summary for Federal Registry

Petitioner, Alan Clore, requests an exemption from Federal Aviation Regulations to allow commercial opera tions of small Unmanned Aerial S ystems (sUAS) for aerial photography and videography for purposes of agricultural crop assessme nt, land surveying , inspection of buildings and structures, real estate, news gathering, UAS training and safety, search and rescue, and production of informational and educational

videos.

The rules from which exemption is requested:

14 CFR Part 21 su bpart H 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 91.407 (a) (1) 14 CFR 91.409 (a) (2 ) 14 CFR 91.417 (a) & (b)

### VIII. Attached Document

A Written Letter of Representation for AviaVideo, LLC is attached

.



### VI I I. Conclusion

Petitioner respectfully submits that the satisfaction of the criteria in Section 333 of the

Reform Act of 2012 provides adequate justification for the grant of the requested exemptions to p ermit Petitioner to operate s UAS vehicles commercially to provide photography and video. Granting the requested exemption s to the Petitioner will benefit the public by reducing costs and risk as described herein

.

Petitioner respectfully requests a waiver on the 45

- day comment period, as this application is identical in description to other Section 333 Exemptions that have already been granted.

Thanks for your consideration of this petition. If you have any questions or require any additional information, please call or email

.

Sincerely,

Alan Clore , Manager, AviaVideo, LLC

502

- 667

- 0213
ac@aviavideo.com