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January 24, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, D.C. 20590

RE: Exemption Request Section 333 of FAA 

Reform Act and Title 14, Code of Federal 

Regulations (14CFR): § 61.113 (a) and (b); 

91.119; 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(2); and 

91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Code of Federal Regulations 14 Part 11 and Section 333 of the FAA Modernization 

and Reform Act of 2012 ("the FMRA"), ARC Forensic Photography Inc. (herein referred to as 

"Applicant") hereby applies for an exemption from the enumerated Federal Aviation Regulations 

in order to allow commercial operation of its small Unmanned Aircraft Systems ("sUAS"). We 

are operators of sUAS that are equipped to conduct aerial cinematography operations on behalf 

of legitimate businesses operating in various markets including insurance, real estate, legal, 

commercial, and government agencies. 

All such operations will be conducted within and under the conditions stipulated herein or as 

may be established by the FAA and/or as required by Section 333. ARC Forensic Photography 

Inc. seeks the aforementioned exemption also for the purpose of retaining permitted operations 

of sUAS under controlled conditions in airspace which provide safety enhancements to the 

already safe businesses presently using the conventional aircraft which thereby limits, controls, 

and predetermines access to the sUAS.

Applicant's Information:

ARC Forensic Photography Inc.

Attn: Herbert T. Miller, Sr., President

4000 West 106th Street, Suite 125336

Carmel, IN 46032

Phone (317) 733-9185 

Mobile (317) 710-7971

hmiller@ARCForensicphotography.com
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Table of Regulations in the Petition

14 CFR § 61.113(a), (b); 14 CFR § 91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § 

91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(2); 14 CFR § 91.417(a), (b).

The petition for exemption is expressly submitted to fulfil the legislative intent of Section 333 (a) 

through (c) of the FMRA. The FMRA directs the Secretary of Transportation to consider the 

issue of sUAS operations with respect to the National Airspace System (NAS) prior to the 

maturation of the pending rulemaking required under Section 332 of the FMRA. In resolving this 

issue, the Secretary must determine the type of sUAS which do not create a hazard to users of 

the NAS or public or pose a threat to national security. Such hazardous sUAS are determined 

based on the size, weight, speed, operational capability, proximity with respect to airports, and 

the operation of the sUAS within the visual line of sight (VLOS) of the operator(s) or spotter(s) 

partied to the sUAS operations.

Upon determining such sUAS’s operate safely, the Secretary establishes requirements for the 

safe operation of such aircraft in the NAS, FRCA §333(a), (c). However, the Federal Aviation 

Act grants an express authority for the FAA to issue exemptions. The federal statutory authority 

on its face included the exempting of civil aircraft (defined under § 40101 of the act), which in 

turn includes sUAS per the requirement of all civil aircraft to retain an airworthiness certificate.

An exemption may be granted under subsection (a) or (b) of the aforementioned section, or any 

section 44701-44716 of this title if the Administrator finds the exemption in the public interest. 

See 49 U.S.C.A. § 44701 (West 2015). See also U.S.C.A § 44711(a) (West 2015); 49 U.S.C.A. 

§ 44704 (West 2015); and 14 CFR § 91.203(a)(l) (West 2015).

ARC Forensic Photography Inc. seeks to use rotorcrafts which do not exceed 55 pounds 

including payload. The rotorcraft operates at an air speed not in excess of 55 knots. The 

rotorcraft will be operated within the VLOS of the operator and/or spotter at all times while 

remaining in a secure area which ensures that the sUAS does not create a hazard to users of 

the NAS or the public at large. FMRA § 333(b) (West 2015). The intention of ARC Forensic 

Photography Inc. is to conduct secure environment operations. Accordingly, due to the size of 

the aircraft, our intention provides the "zone of safety" which manifests the intentions expressed 

by Congress when enacting FMRA. Id. 

Additionally, with respect to the parameters of (1) size of the sUAS, and (2) intended use of the 

sUAS within secure environments, the approval of this application for exemption on behalf of

ARC Forensic Photography Inc., presents no issue to national security. With the express 

direction of Section 333 of the FMRA, and under the authority of the FAA as amended, and 

considering the secure flight operations of the proposed aerial photography and filming 

operations, it stands to reason that public benefit vis-a-vis enhanced safety, positive 

environmental impacts (reduced use of larger manned aircraft), and positive economic impacts 

support granting of the requested exemption in the interest of the public. 

As a result of the aforementioned, the FAA should by exemption allow ARC Forensic 

Photography Inc. commercial operations of sUAS to commence immediately. Therefore, ARC 

Forensic Photography Inc., respectfully requests that the FAA grant the requested exemption 

with rapidity.
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Specific Relief Requested by ARC Forensic Photography Inc.

I. Private Pilot Operations under 14 CFR § 61.113(a) and (b)

14 CFR section 61.113(a) and (b) provide limits upon private pilot non-commercial operations. 

14 CFR § 61.113(a), (b). Distinguishable from a conventional manned aircraft, which carries a 

pilot and passengers, the sUAS is operated remotely. Here, the sUAS will not carry any persons 

(pilot or passenger), and the proposed operations can thereby achieve the requisite equivalent 

level of safety of current flight operations. 

That is to say, the operations of the sUAS will be controlled and restricted as all flights will be 

planned and coordinated prior to commencing operations. Thus, the level of control and 

restriction exceed the requirements by a commercial pilot operating a conventional aircraft. In 

addition, the level of restriction aforementioned will so diminish the risk associated with 

commercial operations contemplated when part 61 was drafted that allowing the operation as 

requested clearly exceeds the levels of safety achieved by 14 CFR § 61.113(a) and (b).

II. Minimum Safe Altitudes under 14 CFR § 91.119

14 CFR section 91.119 proscribes safe altitudes for civil aircraft operations. 14 CFR § 91.119. 

Section 91.119 permits helicopter operations in lower altitudes on the condition that the 

helicopter operator complies with the FAA's relative route and altitude instructions. Here, the 

request is for sUAS rotorcraft operations to be below 400 feet above ground level, or for filming 

operations no more than 200 feet above any platform from whence filming is planned, as an 

exemption may be necessary for such operations. As set forth herein, ARC Forensic 

Photography Inc., applicant, will not operate sUAS in excess of 400 feet at any time. 

As previously mentioned, and equivalent level of safety as intended by congress will be 

achieved due to the size, weight, and speed of the sUAS in addition to the locations where the 

sUAS will be operated. No flight will occur without the consent of the property owner(s) and local 

official(s). Thus, with the consent of the property owner and notice to the participants to the 

aerial photography, all affected individuals will be aware of the planned sUAS operations. 

Moreover, the decreased risk level resulting from the absence of flammable fuel, as well as the 

nominal size of the sUAS, is significantly less than any associated risk with the operation of 

manned aircrafts at or below 400 feet above ground level.

III. Altimeter Settings under 14 CFR § 91.121

The sUAS in operation does not have a barometric altimeter, but instead functions with Global 

Positioning Satellite altitude data readouts; therefore, an exemption to 14 CFR section 91.121 

may be necessary. In pertinent part, "the elevation of departure airport or an appropriate 

altimeter setting available before the departure", requires each operator to maintain cruising 

altitude by virtue of an altimeter that is fixed. 14 CFR § 91.121 (West 2015). Here, the level of 

safety will probably exceed the level of safety by confirming the altitude of the launch site shown 

on the GPS readouts prior to any flight operations.
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IV. Fuel Requirements for Flight in Visual Flight Rules Conditions under 14 CFR § 

91.151 (a)

ARC Forensic Photography Inc., applicant, seeks an exemption because under 14 CFR section 

91.151 (a) Aircrafts are required to retain a 30-minute fuel reserve as per 14 CFR section 

91.151. 14 CFR § 91.151 (a) (West 2015). However, batteries powering ARC Forensic 

Photography Inc.’s sUAS provide approximately twenty minutes of flight time. Therefore, in 

order to meet the requirements, set forth under section 91.151(a), each flight of the sUAS would 

be limited to approximately fifteen minutes. However, ARC Forensic Photography Inc., 

applicant, respectfully asserts an exemption from 14 CFR section 91.151 (a). This assertion is 

deemed reasonable because this exemption falls within the scope of previously approved 

exemption petitions. 

Additionally, the career history of the President of ARC Forensic Photography Inc., applicant, is

a Firefighter, Law Enforcement Officer and Forensic Investigator. The President’s current 

association with Law Enforcement, as well as all operators will be past or present firefighters 

and law enforcement personnel. Applicant’s primary purposes of search, recovery and 

inspection all respectfully assert that an equivalent level of safety can be achieved by limiting 

flights to eighty-five percent of battery power. This will provide sufficient time to return the sUAS 

to a planned landing zone within the sUAS secure operating area. Thus, as per the 

aforementioned previously approved exemptions, ARC Forensic Photography Inc., applicant, 

seeks similar exempt status from 14 CFR section 91.151 (a).

V. Maintenance Inspections under 14 CFR § 91.405(al; § 91.409(a)(2); § 91.417(a) and 

(b). 

• Conclude okay

The enumerated sections and part 43 apply to aircraft with airworthiness certificates, and 

therefore these sections will not apply to the applicant. Moreover, the performance of any 

requisited maintenance will be conducted and logged to ensure that the sUAS remains in 

working order prior to any flight operations. The maintenance logs will be available to the FAA 

upon request.

Terms and Conditions to which ARC Forensic Photography Inc., (applicant), agrees to be bound 

during any and all commercial operations of Small Unmanned Aerial Systems (“sUAS”): 

 

1. All aircraft operated in accordance with this exemption will be identified by serial number, 

identification number (N-Number) markings in accordance with 14 CFR part 45, and 

registered in accordance with 14 CFR part 47. The sUAS will not at any time exceed a 

weight of 5 pounds or a speed of 55 knots. The sUAS will be programed to return to a 

predetermined landing location in the event that manual control is lost. No sUAS 

operation will exceed thirty minutes of flight time or fifteen percent of total battery power 

remaining, whichever occurs first.
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2. No sUAS operations will be conducted at night as required by 14 CFR section 1.1 and all 

operations will be conducted under weather conditions which are conducive to the visual 

line of sight requirements of safe flight operations.

3. The operations authorized by this grant of exemption are limited to the following aircraft: 

DJI phantom 3 PRO series and DJI Inspire 1 PRO series. ARC Forensic Photography 

Inc., (applicant), will provide serial numbers and registration of current aircraft and proof 

of non-registration (brand new aircraft) of all sUAS upon request by the FAA.

4. All flight manuals and general operating manuals will be maintained by ARC Forensic 

Photography Inc., applicant, and will be made available to the FAA upon request. 

5. ARC Forensic Photography Inc., applicant, will follow the procedures as outlined in the 

flight manuals and general operating manuals and will track any revisions to either of the 

aforementioned documents and present any update or revision if a subsequent petition 

for extension or amendment occurs. Moreover, if any discrepancy exists between the 

exemption and procedures outlined in the flight manuals and/or general operating 

manuals, the conditions herein retain superiority and thereby must be followed.

6. The crew for each commercial operation will consist of a pilot, spotter or visual observer, 

and camera operator. The spotter satisfies the visual line of sight requirement at all 

times so long as he/she is within the proximate verbal communication vicinity of the pilot.

7. During all flights, all persons not essential for flight operations will be considered nonpartied to the flight operations. Thus, the pilot will operate the sUAS the requisite 

distance from these non-parties to the flight operations in accordance with 14 CFR 

section 91.119.

8. Before conducting commercial sUAS flight operations, the crew will complete tests 

conducted by ARC Forensic Photography Inc., applicant, which will be documented as 

there are currently no established test standards for sUAS flight operations. The tests 

conducted by ARC Forensic Photography Inc., applicant, will coincide with the 

qualification processes detailed in the general operating manuals for the respective 

sUAS. The record completion of these processes will be documented and made 

available to the Administration upon request.

9. The flight and general operating manuals will be available to the pilot at all times during 

flight operations in accordance with 14 CFR section 91.9 and 14 CFR section 91.203. 

These documents will be made available to the Administrator or any law enforcement 

official upon request.

10. Prior to conducting commercial aerial cinematography operations, the operator will log a 

minimum of 25 hours of total time as a sUAS rotorcraft pilot in accordance with 14 CFR 

section 61.51(b). Additionally, the operator will accumulate and log consistent with 14 

CFR section 61.51(b) at least 5 hours of the make and model to be used for operations 

under the exemption with a minimum of six take offs and landings.

11. During all training operations all persons not essential for flight operations are to be 

considered non-participants and the operator will be required to operate the sUAS in 

accordance with the distance requirements under 14 CFR section 91.119.
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12. Record of the successful completion of the qualification process detailed in the general 

operating manual and administered by ARC Forensic Photography Inc., applicant, will be 

made available for each member of the crew upon the request of the Administrator. 

13. As this is a requirement promulgated by ARC Forensic Photography Inc., (applicant), the 

test is to be administered and implemented by a qualified person designated at the 

discretion of ARC Forensic Photography Inc., applicant.

14. Prior to commercial sUAS cinematography flight operations a demonstration will be 

administered by an operator approved and otherwise qualified and thereby documented. 

This documentation of the demonstration will be made available to the Administrator 

upon request. 

15. Since there are no established tests or standards which support the jurisdictional FAA 

Flight Standards District Office evaluation with respect to sUAS flight operations for the 

previously enumerated sUAS, ARC Forensic Photography Inc., applicant, will conduct 

these tests in accordance with the general operating manual.

16. Any and all documents required under 14 CFR sections 91.9, and 91.203 will be 

available to the operator at any time during the operations of the aircraft. Moreover, 

these documents will be made available to the Administrator and/or any law enforcement 

official upon request.

17. Under the event that the sUAS undergoes any maintenance, repair, or alteration which 

affects the flight operations, for example the replacement of a propeller, the entire sUAS 

will undergo a functional flight test. The flight test will be conducted in accordance with 

the general operating manual. The operator who conducts the flight test will record the 

results in the sUAS aircraft records.

18. Current maintenance procedures, inspection requirements, and lift limits for the entirety 

of the sUAS enumerated herein will be periodically updated and retained on file with 

ARC Forensic Photography Inc., applicant, and made available to the FAA Administrator 

upon request.

19. Any technician who is to perform maintenance and/or inspection on the sUAS will meet 

all qualification criteria developed by ARC Forensic Photography Inc., applicant, with 

respect to the guidelines set forth in the general operating manual. Additionally, each 

sUAS operated under this exemption will comply with the manufacturer's promulgated 

safety guidelines as the general operating manual provides processes by which to 

document and record the sUAS maintenance.

20. Prior to each flight, the operator will inspect the sUAS to ensure it is safe for flight 

condition. The operator must approve of the aircraft in order for flight operations to 

ensue. If upon the pre-flight inspection the operator finds that the ability of the sUAS to 

fly safely is compromised, then the aircraft is prohibited from operations until necessary 

maintenance has been performed and the sUAS is otherwise approved for safe flight 

operations.
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21. The sUAS will be operated in the visual line of sight of the operator, or the spotter, under 

the instance that virtual reality eyewear is used by the operator so long as the spotter is 

within the proximate communication distance of the operator at all times.

22. All flights will be operated at an altitude of no more than 400 feet above ground level. All 

altitudes reported and recorded will be in feet above ground level.

23. The operator(s) will ensure that no person(s) in open areas are allowed within 500 feet 

of the aircraft except under the circumstances that the person(s) by either express or 

implicit consent are party to the cinematography and are deemed necessary for the 

aerial cinematographic flight operations. However, if barriers exist between the sUAS 

operations and the non-parties to the flight operations which will sufficiently protect the 

non-parties to the flight operations from any debris in the event of a misfortunate event,

then the sUAS may operate closer than 500 feet to the person(s) afforded such 

protection. 

24. If a situation occurs in which the person(s) leave such protection of a barrier affording 

protection and are thereby within 500 feet, then the operator will either cease flight 

operations, or move to a safe distance of 500 feet away from said person(s)

immediately.

25. The approval of Flight Standards District Office or aviation-safety inspector will be 

deemed unnecessary with respect to reductions to the distances set forth in the general 

operating manual consistent with the manned aircraft procedures promulgated in 

Federal Aviation

Administration Order 89001 V3, C8, Sl. However, the sUAS will always yield the right of 

way to any and all other manned flight operations and aerial activities in the area.

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

the FAA nor will the sUAS operate within five nautical miles of the epicenter of a nontowered airport unless a letter of agreement exists with the airport's management. If 

such a letter manifests, it will be made available to the Administrator upon request.

27. As per the general operating manual the sUAS will only operate within the secured 

area(s) which are established by pre-flight security perimeter(s) conducted and logged 

before each flight by the crew. A pre-flight briefing will establish the secure area, and 

security perimeter. Each member of the crew is required to attend this pre-flight briefing. 

The logs of the briefings and security perimeters will be made available to the 

Administrator upon request.

28. Any accident will be reported to the National Transportation Safety Board per the 

instructions contained at www.ntsb.gov. In the event of an accident, and after the report 

to the NTSB is submitted, further flight operations for the sUAS and crew who were 

partied to the accident will be suspended until AFS-80 Authorization to Resume 

Operations is provided.
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29. ARC Forensic Photography Inc., applicant, agrees that failure to comply with any of the 

conditions and limits of this grant of exemption is grounds for immediate rescission of 

this exemption.

30. Unless otherwise specified in the grant of this exemption, ARC Forensic Photography 

Inc., (applicant) agrees to comply with all applicable parts of 14 CFR including, but not 

limited to, parts 45, 47, 61, and 91.

ARC Forensic Photography Inc., applicant, seeks an exemption from the following rules Title 14, 

Code of Federal Regulations (14CFR): §§ 61.113 (a) and (b); 91.119; 91.121; 91.151(a); 

91.405{a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) & (b), and seeks permission to operate 

sUAS commercially in cinematographic flight operations.

The approval of exemptions which allow commercial flight operations of sUAS invariably 

enhance safety by reducing risks. Traditional aircraft can weigh in excess of 10,000 pounds, use 

jet engines for propulsion, and at times operate in close proximity to people, other aircraft, the 

natural physical universe, and fixed ground structures. Risks that are present in the traditional 

operations of manned aircraft include those associated with large amounts of highly flammable 

fuel and other flammable liquids. 

Unlike other aircraft, the sUAS weighs less than 55 pounds and operates on battery power. 

These features eliminate risks associated with manned aircraft primarily due to the absence of 

combustible fuel in sUAS flight operations. The absence of fuel also results in a positive 

ecological impact. Additionally, sUAS do not carry passengers or a crew; therefore, they do not 

expose people at large to the safety, health, criminal and other risks associated with manned 

aircraft. 

All flight operations will exist over controlled access properties with the prior consent of the 

property owner. All cinematographic flight operations will be conducted by persons connected 

to Law Enforcement and Firefighting. Written consent will be obtained from the parties to the 

flight operations and all flight operations will be in compliance with local and state laws. The 

operation of sUAS in accordance with the conditions set forth hereinto provide an equivalent 

safety level which supports the grants of the exemptions petitioned for herein. The sUAS that

ARC Forensic Photography Inc., applicant, seeks to use are small, lightweight aircraft, which 

operate in secure environments, close to the ground, and at relatively slow speeds. 

The operation of sUAS by ARC Forensic Photography Inc., applicant, are safer to society than 

traditional combined operations conducted with helicopters and/or other aircraft. The criteria set 

forth in Section 333 of the FAA Modernization and Reform Act of 2012 (“the FMRA”) have been 

satisfied by the request of ARC Forensic Photography Inc., applicant. The enumerated 

conditional flight operations aforementioned do not create a hazard to users of the National 

Airspace System (NAS) and do not pose any national security threats or concerns. 

Thus, the foregoing meets the necessary criteria for granting the requested exemptions thereby 

allowing ARC Forensic Photography Inc., applicant, to operate sUAS commercially and 

pursuant to the general operating manual and the aircraft flight manuals attached hereinto.
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Sincerely,

ARC Forensics, Inc.

__________________________________________

Herbert T. Miller, Sr.,

Colonel, Washington Township Constable

Certified Fire and Explosion Investigator

Board Certified Evidence Photographer

Certified Professional Investigator

Professional Videographer