PerchPhotography, LLC JonathanHoward 3833 Grant Ridge Ln Antioch, TN 37013 (615) 852-8182jonathan@perchphotography.com

Date: April20, 2015

U. S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SEWashington, DC 20590

RE: Petition ofPerch Photography, LLC for Exemption Pursuantto Section 333 ofthe FAAReform Act

Attn: Towhom it may concern

Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 (theReform Act) and 14 C.F.R. Part 11, Perch Photography, LLC, operator ofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photography andvideography, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permitthe operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspacethat is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow PerchPhotography, LLC to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has setforth in Section 333. Page 2

Perch Photography, LLC is a media/technology company owned and runby Jonathan Howard. Mr. Howard has been active in Radio Controlled Aircraft for the past 2 years with experience rotary wing aircraft. Perch Photography, LLC plans to exploit the capabilities ofUnmanned Aerial Systems to offer a multitude ofservices, including:

- Aerial surveying -EventPhotographyNideography -Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoringStatutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333(a) states thatthe FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b)(1) ofthis Act orthe guidance required by section 334 ofthis Act." In Section 332(b)(1), Congress made itclearthat Section 333 provides a mechanism for "expedited operation authorization" ifseveral factors are met. Petitionermeets all requirements to permitFAA approval ofcommercial UAS operations.

The PetitionerRequests ReliefFrom the Following: Regulations from which the exemption is requested: 14 C.P.R. Part 21 14 C.P.R. 45.23 (b)

14 C.P.R. 61.113(a) and (b) 14 C.P.R. 91.7 (a) 14 C.P.R. 91.9 (b) (2) 14 C.P.R. 91.109

14 C.P.R. 91.119 14 C.P.R. 91.121Page 3 14 C.P.R. 91.151(a) 14 C.P.R. 91.203 (a) & (b) 14 C.P.R. 91.205 (b) 14 C.P.R. 91.215 14 C.P.R. (91.401- 91.417)

Unmanned Aircraft System sUASs are oftentimes seen as superiorto helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety.

We are petitioning for exemption to enablePerch Photography, LLC to operate a 

### Dll Inspire 1upgraded to the latest firmware and equipped with a three-axis camera gimbal and using a 4K camera. This sUAS has a built-in capability to limitthe height itflies above the ground, to limitthe radius ofthe distance itflies from the operator. The Inspire 1 also has thefailsafe function ofthe autopilot system which means when the communication between the Main Controller and thetransmitter is disconnected, the outputs ofall command sticks from controllerwill go to the center position. Ifthe GPS signal is good enough, the system will automatically triggerReturn to Home and will land safely.

Please refertothe link to the 

### DllInspire 1 Instruction Manual for the performance limitations and flight operations.

Aircraft weight is 104oz. with battery, 3 Axis Camera Gimbal and CameraA Pre-flight inspection will be performed by thePIC in accordance with the factory instruction manual. An added step will be the inspection ofthe propellers. A propeller will be replaced ifithas 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 beused.

FCC Information

This DJI CI transmitterused for controlling the sUAS complieswith part 15 ofthe 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 causeundesired operation. The DJI CI radio transmitterused for controlling the sUAS is wireless technology which hasbeen tested and found tobe compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating ourDJI C 1transmitter, the PIC will maintain a separation distance ofat least 5 em between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna tomeetRF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type ofUAS utilized in operations. ThePIC will have at least 50 hours total time and atleast 30 hours flying Radio ControlledModel Aircraft ofwhich will be 10 hours flying sUAS's. Training will be conducted at a local Radio Control Club flying field. Perch Photography has the ability to provide "dual controls" utilizing twoDJI C1 transmitters with a wireless linkbetween the transmitters. One transmitter is designated the mastertransmitter and the othertransmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume control ofthe sUAS.

The PIC is responsible for the safe and efficient operation ofthe aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but notlimited to:

Safe in flight operations RiskMitigation toPersons and property Airfield Suitability

The Observer must have the visual acuity to observe the sUA V and be able to communicate clearly with the PIC. The Observers duties are;warning the PIC ofany impending obstacles in the flight path ofthe sUAS. warningthe PIC ofany deviations in the planned flight path ofthe sU AS. warningthe PIC should any unauthorized personnel appear in the area ofthe planned flight. The Observer will have the authority to orderthe PIC toterminate the flight should he feel the flight cannotbe conducted safely.

General Operating Standards

• Perch Photography, LLC will only operate its sUAS in line ofsight ofa pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will"not create a hazard to users ofthe national airspace system orthe public."

• Before an operation ofa sUA V within 5NM ofan airport with a control tower, the control tower will be calledto gain permission to operate the sUAS. ThePIC will give the position, altitude and thetimes the sUA V will be operated. The sUAS will notbe operated at an altitude ofover 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

Before an operation ofa sUAS within 5NM ofa non-tower controlled, airport operators will be notified and the PIC will give the right ofway to avoid flying in the proximity of full-scale aircraft. At no time will the sUAVbe operated within the final approach course and the takeoffcourse ofany runway. The sUAV will notbe operated at an altitude of
over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be a maximum of25 minutes.

• Flights will beterminated at 25% battery powerreserve should that occurprior to the 25 minute limit.

• The sUA V will be programmed so that itwill not be operated at an altitude ofno more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

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

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

• The sUA V will operate at speeds ofno more than 60 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size ofthe sUAV and the restricted sterile environmentwithin which they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, poweredbybatteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce currentrisk levels and thereby enhance safety and diminishthe likelihood ofdeath or serious bodily injury. With a small payload and maximum flight time ofonly 25 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 displaying the characteristics oflarge, complex properties with several buildings and large trees. The applicants in the past have chartered 2-seat fullsizedhelicopters for this purpose, which has proven more costly than many potential clients have been able to afford. Thebenefits ofreduced cost and improved quality of presentation from the UAwill bevaluable to and benefit many buyers and sellers ofreal property. Additionally, we request that webe allowed touse our system to benefit first responders nearby who mightrequire assistance, including fire fighters, the police, the sheriff, et al., whileremaining subject to all limitations cited in this application as we do so. (a) No flight will be made with a Gross weight exceeding 15 pounds; 

### (b) All operations must occurin FAA Class G airspace at no more than 400 ftAGL, at an airspeed ofno more than 60 knots and no further than 1NMfrom the PIC;
(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation;
(d) Operations will be restricted to flights overprivate property with the permission ofthe property owner; (e) All required permits will be obtained from state and local governmentprior to operation; 

### (f) Perch Photography, LLC will not be operated over densely populated areas; (g) PerchPhotography, LLC will notbe operating over any open-air assembly ofpeople; (h) PerchPhotography, LLC will notbe operating over heavily trafficked roads;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

PerchPhotography, LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply tothe operation ofthe sUAV System:

14 CFRPart 21, Airworthiness Certificates

This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the 

### DllInspire 1under either orboth ofthe following provisions:21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a)

### Research anddevelopment. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, ornew uses for aircraft. (b) 

### Showing compliancewith regulations. Conducting flight tests and other operations to show compliance withthe airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Sincethe experimental certificate can beused for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons orproperty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFRPart 21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level ofsafety outlined inthe previous paragraph.



### 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, orpilot station. The sUA V does nothave an entrance in which the word "EXPERIMENTAL" can be placed, and may nothave a registration number assigned to 

### itby the FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on thetop ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanentplacard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, wewill display at the ground station a high contrast flag orbanner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.



### 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilotcertificate may act as pilot in Command ofan aircraftfor compensation orhire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employmentif: 

### (1) Theflight is only incidental tothatbusiness oremployment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. Ourproposedoperations require that the PIC must hold at least a Private Pilot Certificate with a Class IllMedical issuedby the FAA and since the aircraft cannot carry passengers orproperty,
we feel we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.

14 CFR91.7 Prohibits the Operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplatedby the FARs, this Regulation is inapplicable.

14 CFR91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement sincethe aircraft is not only too small to carry documentation, the documentation would not be available tothe crewduring flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS FlightManual mustbe available to the crew at the ground station anytimethe aircraft is in, orpreparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "Noperson may operate a civil aircraftthatis being used for flight instructionunless that aircraft has fully functioning dual controls." Training will be conducted ata local Radio Control Club flying field. PerchPhotography has the ability to provide "dual controls" utilizing two 

### Dll C1 transmitters with a wireless linkbetween the transmitters. Onetransmitter is designated the mastertransmitter and the othertransmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, 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 cannotbe operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS wouldbe photography or survey ofpersons, vessels, vehicles or structures itwould be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown overproperty or persons where permission has been obtained and careful pre-planned flight path has beenperformed. The aircraft will be operated at a low altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard topersons, vehicles and structures is minimal compared to manned aircraft, which should beconsidered in granting the exemption.

CFR91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above thetakeoffpointis transmitted viaradio from the sUAS on-board computerto the display
screen held by the PIC, providing a constantly updated AGL readout.

14 CFR91.151 Fuel requirements for flight in VFRconditions. The regulation provides that no person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly tothe first point ofintended landing and to fly afterthat for atleast 20 minutes. We feel the intention ofthis paragraph is to provide
an energy reserve as a safety bufferfor delays to landing. The sUA V is battery operated and the maximum duration offlight from a single battery charge is 15 minutes with a 20% reserve. Since the aircraft will neverfly more than 1NM from the point ofintended landing, a full battery charge at launch will ensurethat we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate mustbe aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of5.3 pounds, the sUAS is too small to carry documentation, does not have
an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of91.203, wepropose that documents deemed appropriate for this aircraft by the FAAwill be with the crew at the ground control station and available for inspection upon request. In orderto identify the aircraft, we propose that the informationfound on airworthiness and registration certificates be permanently affixedtothe aircraft viaplacard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to serviceby a person authorized under43.7" after maintenance and inspection. Itis our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure thatthe aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performedby the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer ortheir designated repair facility. ThePIC will document workperformed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.Safety and Benefits ofthe UAS

PerchPhotography, LLC will be using the UAS in a variety ofapplications that generally require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offermyriad benefits overthe use offull-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,justto name a few. Replacing significantly largermanned aircraft carrying
crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin ofsafety for the pilots and crew. By grantingPerchPhotography's requested exemptions, the FAAwill help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. Perch Photography, LLC is committed to promotingthe UAS research efforts ofpolicymakers including the FAA, NASA, DOD and DARPAby sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAAhas good causetogrant this Petition.

Conclusion

As pointed out inthis application, all the SUAs which ourcompany would use, under authorization by the US DOT-FAA, are small, light-weight devices operated within the line ofsight ofthe Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other locationwith aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthis distance.

All our SUAshave proven capability for controlled flight. They are devices offered for general sale on the market around the world and have oftenbeenused as Model Aircraft in the USA. We are certain thatthe studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the airworthiness ofSUAs such as ours.

Forthe foregoing reasons, the exemptions requested herein should be granted and Perch Photography, LLC should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission ofthis application and its contents is the best demonstration thatindeed it is possible to pursue the authorization process sothat some SUAs may be used for legitimate commercial activities and under reasonably safe conditions. Signed

Jonathan Howard PerchPhotography, LLC