Aerial Imaging Services

508 Silverton Court Colorado Springs, CO 80919 (719) 209

- 8643 aerial.imagery.co@gmail.com

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com September 1 0

, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Mad a m :

Aerial Imaging Services (Petitioner) , a veteran

- owned business and operator of small unmanned aerial systems (sUAS) equipped to conduct operations supporting Colorado fire and emergency services, police, and local municipalities, survey ing for utility, fire, search and rescue, and law enforcement by means of aerial photography and videography , hereby respectfully requests exemption from several provisions under Title 14 of the Code of Federal Regulations (CFR)

, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, to allow commercial operation s of sUAS in the public interest so long as such operations are conducted within and under conditions outlined herein or as may be established by the FAA as required by Section 333

.

Regulations from which the exemption is requested:

14 CFR Par t 21

14 CFR § 45.23(b)

14 CFR § 91.109 14 CFR § 91.151 (a) 14 CFR § 91.215 14 CFR § 409 (a) (2) 14 CFR § 91.7 (a)

14 CFR § 91.103

14 CFR § 91.119 14 CFR § 91.203 (a) / (b) 14 CFR § 91.405 (a) 14 CFR § 417 (a) & (b) 3 14 CFR § 91.9 (b) (2) 14 CFR § 61.3

14 CFR § 91.121 14 CFR § 91.205(b) 14 CFR § 407 (a) (1)

14 CFR § 61.113 (a)(b)

Aerial Imaging Services believes an exemption is only needed from the above

- listed regulatory provisions. To the extent that the FAA believes that additional relief is required for Aerial Imaging Services to conduct the operations described here, we

reques t an exemption from any such regulatory provisions as well.

Petitioner : Ryan Pendleton Aerial Imaging Services (AIS)

508 Silverton Court

, Colorado Springs, CO 80919 Phone: (719) 209

- 864 3 Email: aerial.imagery.co@gmail.comPage 2 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Petitioner is an aerospace engineer, satellite system expert, de fense program manager,

and 23

- year veteran of the United States Air Force . Petitioner and a ll other operators

of the s UAS employed by Aerial Imaging Services have significant experience in

s UAS operations, including: mission coordination/airspace deconfliction, sUAS operations and maintenance, sensor applications, data compilation and analysis, and overall program safety.

Co

- Petitioner / Collaborative Partner : Steven Schopper

Audio Visual Specialist Colorado Springs Fire Department 375 Printers Parkway Colorado Springs, CO 80910

Email: sschopper@springsgov.com

Co

- Petitioner is a 39 year veteran of the fire service. He is a state certified firefighter

, Nationally Registered EMT and holds a Private Pilot Airmen Certificate. He is currently employed by the Colorado Springs F ire Department and his current position

with them is Audio/Visual Specialist. He is an experienced UAS pilot and is well trained in NIMS (National Incident Management System) holding certificates in ICS

100, 300 and 700.

Previous exemptions granted to similar businesses

Exemption No. 12621 8/26/2015 Colorado Aerial Imaging LLC

Exemption No. 12536 8/20/2015 ArgenTech Solutions

Exemption No. 11925 6/26/2015 James Michael Hourihan

Exemption No. 11871 6/23/2015 Pinnacl X, LLC

Vehicles

The sUAS vehicles employed by the petitioner are a s follows: DJI Phantom Vision,

DJI Phantom 3 Standard, DJI Phantom 3 Advanced, DJI Phantom 3 Professional, DJI Inspire 1, and 3DR Solo.

These sUAS are commercially provided with well

- known capabilities. Each sUAS

has the built

- in capability to limit the height they fly above the ground, to limit the radius of the distance they fly from the operator, and to exclude them from class B, C, and D airspace and TFR’s (Temporary Flight Restricted) areas. The vehicles also

hav e the built in capability to return to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of the height, radius, or airspace limitations programmed into them. The vehicle s weigh approximately three

po unds (DJI Phantom 3 series and 3DR solo) to seven pounds (DJI Inspire 1). TheyPage 3 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Vehicles (continued)

have a top speed of approximately 30 knots (DJI Phantom 3 series) to around 47 knots (DJI Inspire 1 at 42 knots and 3DR Solo at 47 knots)

.

All vehicles wi ll be properly main t ained including software updates and system

che ck/repair as required.

Description of Proposed Operations

The s UA S will not be operated at a speed exceeding the maximum s UA S operating airspeed recommended by the aircraft manufacturer, up to 47 knots.

The s UA S will be operated at an altitude of no more than 400 feet above ground level
(AGL).

The s UA S will be operated within visual line of sight (VLOS) of the pilot in

command ( PIC ) at all times. The PIC will use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medi cal

certificate or U.S. driver license.

If operations require a visual observer (VO), t he s UA S will be o perated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times; not by means of electronic messaging or texting. The PIC will be designated before the flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO.

The sUAS may be operated at night during emergency operations supporting fireground operations, structural fires, hazardous material incidents, search and rescue, etc. if it is determined by the AHJ (Authority Having Jurisdiction) or the
Incident Commander (IC) that use o f the sUAS could play a pivotal role in saving

human lives or mitigating the incident . During such operations all other system use constraints apply and the sUAS will remain within the VLOS of the PIC at all times.

The operating documents (exemption and a ll documents needed to operate the s UAS and conduct its operations in accordance with the conditions and limitations stated in the exemption) will be accessible during s UAS operations

.

Any s UAS that has undergone maintenance or alterations that affect the s UAS operation or flight characteristics, e.g., replacement of a flight critical component,Page 4 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Description of Proposed Operations (continued)

will undergo a functional test flight test by the PIC with a VO at least 500 feet from other people prior to conduct ing further operations.

Pr ior to each flight, the PIC will conduct a pre

- flight inspection accounting for all potential discrepancies, e.g., inoperable components, items, or equipment and

determine the s UAS is in a condition for safe flight. The operator will follow the

s UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit
requirements for the aircraft and aircraft components.

A pre

- flight briefing will be con ducted in regard to the planned sUAS operations prior to each flight mission. It will be mandatory that all personnel who will be performing duties associated with the flight be present for the flight briefing.

The PIC will meet all FAA requirements for operating the s UAS and will demonstrate the ability to safely operate the s UAS in a manner consistent with how

the s UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, ve ssels, vehicles and

structures.

The s UA S will not be operate d within five nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directo ry (AFD). For airports not denoted with an ARP, the center of the airport symbol as denoted o n the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

holder.

The s UA S will not be operated within 500 vertically or 2,000 feet horizo ntally from a cloud or when visibility is less than 3 statute miles from the PIC.

If the s UAS loses communications or l oses its GPS signal, the s UA S will return to a

pre

- determined location within the private or controlled

- access property.

The PIC will a bort the flight in the event of unpredicted obstacles or emergencies.

The PIC will not begin a flight unless there is enough available power for the s UA S to complete the intended operation with the reserve power recommended by the

manufacturer.

The UA will remain clear and give way to all manned aviation operations and

activities at all times.

The UAS will not be operated by the PIC from any moving device or vehicle.Page 5 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Description of Proposed Operations (continued)

All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the s UA S and/or debris in the event of an accident. The operator will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are

within 500 feet of the s UA S , flight operations will cease immediately in a manner ensuring t he safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles, or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objec ts and determined that it does not present an undue hazard.

Note: The PIC, VO, operator trainees or essential persons are exempt from these

distance restrictions.

Public Interest Motivations for Grant ing the Petition

1. The Congress of the United States has determined that early accommodation of sUAS into the National Airspace System advances the public interest. The Committee Report leading the House to adopt H.R. 658 said: "The successful integration of unmanned aircraft systems (UAS) into the National Air space System (NAS) can support more than 23,000 high

- paying jobs in the United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ."1 Granting the Petition represents a step toward such integration, in the absence of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition will facilitate a new era in Emergency Response activities, one in which the responders themselves have a tool to safely, quickly and remotely assess a situation without placing lives in harm’s way. In comparison, the EOD robots

ha ve saved countless lives since their inception, a feat that will become common place for aerial assessments.

3. Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating new safety techniques and tactics with new aer onautical technology, thereby improving the efficiency of Emergency Responders around the world and making for a safer society. The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of new technologies to exp andPage 6 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Public Interest Motivation s for Grant ing the Petition (continued)

Emergency Response safety and improve the efficiency of markets, thereby subverting the public interest.

4. Granting this Petition will enable the Petitioner to help demonstrate that the FAAs sUAS FARs are indeed a safe and effective means in which to govern the NAS. He will serve as an advocate for the practice of lawful sUAS operations.

5. Granting the Petition will fulfill the FAA’s own declaration that encouraging new

aviation techn ologies advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging and developing civil aeronautics, including new aviation technology."2 Granting the Petition will enhance FAA fulfillment of

that commitment , thereby serving the public interest. Air commerce flourishes in the United States because of the rapid pace of innovation in aeronautical and associated technologies, followed by their commercialization and their introduction into the marketplace. The dr one technology that the Petitioner uses exemplifies the latest innovative leap forward in aeronautical technology. Preventing it from using this in air commerce subverts achievement of the goal.

6. Granting the Petition will fulfill the Congressional dete rmination that integrating sUAS technology into the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in the National Airspace System, thereby representing a congressional determination that the public interest is served by making these technologies more widely available at the earliest practicable date. The Petition represents a way for the FAA to move incrementally, while still satisfying its congressional mandate and meeting its obligation to enhance the public interest by making new technologies available by allowing the use of sUAS technologies in a manner that protects the public and the rest of the aviation community from significant risk. The commercial activities by Petitioner proposed in the Petition represent contributions to new forms of air commerce, thereby f

ulfilling the FAA’s statutory mandate under the 2012 Act.

7. Granting the Petition will enhance aviation safety, thereby advancing the public interest. The Petitioner has committed itself in the Petition to safety practices that

reduce or eliminate hazard s to aircraft in the National Airspace System and to persons and property on the ground. Many others are flying sUAS without regard to these hazards. Granting the Petition will offer the Petitioner up as an example of how the FAA is willing to accommodate the new technology when it is constrained by appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe commercial sUAS operations.Page 7 of 7

Aerial Imaging Services (AIS) Colorado Springs, CO aerial.imagery.co@gmail.com Conclusion

The development of aerial based imaging technology has allowed for revolutionary

new resources in the interest of public safety. AIS has the capability to provide this valuable support while abiding by all rules and regulations necessary to carry out safe and effective operations

. The size, speed, operating environment, limitations

, and level of applicant's experience outlined above provide an "equivalent level of safety or better” when operating a sUAS for the public interest as outlined in Section 333 in

the FAA Moderni zation and Reform Act of 2012. We therefor request approval of

this Petition for safe, legal, commercial sUAS operation as soon as possible.

Respectfully,

Ryan Pendleton Aerial Imaging Services Phone: (719) 209

- 864 3

Email: aerial.imagery.co@gmail.com