Vincent Oddo,

c : + 1 540 641 3120

vin c ent@vt.edu

Elliot Berman

c: +1 703 863 7564

May 18, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 61.113(a) & (b); 9 1.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Refo rm Act) and 14 C.F.R. Part 11, Custom Aerial Media , operators of Small Unmanned Aircraft SYSTEMS (“ UAS ”) equipped to conduct aerial photography and cinematography

for commercial and residential real estate and closed

- set special events, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of it s UAS , so long as such operations are conducted within and

under the condi tions outlined herein or as may be established by the FAA as requires by

Section 333.

As described more fully below, the request exemption would permit the operation of small, unmanned, and redundant UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safe operations and affordability to the existing real estate and closed

- set special

event indust ries currently using conventional aircraft. Approval of this exemption would thereby enhance safety, promote industry growth and fair competition through affordability of aerial photography and cinematography and fulfill the Secretary of Transportation’s ( the FAA Administrator’s) responsibilities to “... establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section

333 of the Reform Act.The name and address of the applicant is:

Custom Aerial Media

Attn : Vincent Oddo

Ph: 540

- 641

- 3120

Email: customaerialmedia@gmail.com

Address: P.O. Box 293 Blacksburg, Virginia 24060

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b)

14 C.F.R. 6 1.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

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) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

T ransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is r equired to determine which t ypes of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, sp eed and operational capability

• Operation of the UAS in clos e proximity to airports a nd populated areas

• Operation of the UAS within visual line of sight of the operator

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c).The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS , from the requirement that

all c ivil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of

this title if the Administrat or finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Custom Aerial Media proposes to use two UAS ; 1 DJI Inspire 1 .This aircraft has

four rotors and four motors i n a quadcopter configuration (X4 ). 2) DJI PHANTOM 2 Vision +. This aircraft has four rotors and four motors in a quadcopter configuration (X4). Both UAS weigh less than 55 lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. Both UAS s are equipped with

GPS and auto

- return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can ca use loss off GPS signal. The UAS will operate only in line of sight and will operate only within a sterile closed

- set area of a residential or commercial listing or a closed

- set special event. Such operations will

insure that the UAS will “not create a haz ard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).

Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of sa fety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately. Also due

to the size of the UAS and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed ope rations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Custom Aerial Media proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography andcinematography filming operations conducted with conventional aircraft.

These limitations and conditions to which Custom Aerial Media agrees to be bound when conducting commercial operations under an FAA issued exemption

include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight t ime for each operational flight will be 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not

more than 200 feet above an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot in Command (PIC)

, the Visual Obse rver/Camera Operator.

6. UAS Pilot will also meet the flight review requirements specified i n 14 C.F.R 61.56 in an aircraft in which the Pilot is rated on his or her pilot certificate.

7. The UAS will only operate within a confined sterile closed

- set area with a set safety perimeter, the boundaries of which will be determined by production perso nnel

and the UAS PIC based on the site

- specific filming activities and speed of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

9. A briefing will be conducted in regards to the planned UAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. The UAS PIC and/or Aerial Coordinator will ensure this safety perimeter that only consenting production personnel will be allowed within 100 feet of the UAS operation by not permitting anyone who had not been briefed or whom is not involved in production to be in the closed

- set area.
11. Observe r and PIC will at all times be able to communicate by voice and/or two way radio communication system.

12. Written and/or oral permission from the relevant property holders will be

obtained.

13. If applicable, all required permissions and permits will be obtai ned from
territorial, state, county or city jurisdictions, including local law enforcements, fire, or

other appropriate governmental agencies.

14. If the UAS loses communications or loses its GPS signal, the UAS will have

the capability to return to a pre

- determined location within the Security Perimeter

and land safely.

15. The UAS will have the capability to abort flight in case of unpredicted obstacles

or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, 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 a irports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at

least as safe , or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

W hen 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 nea r 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.

Even though the UAS will have no ai rworthiness certificate, an exemption may

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be placed. Given the size of the UAS , two inch lettering will be impossible. The word “Experime ntal” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.92 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as “Experimental”. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and

10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations:

Pilot in Command.Custom Aerial Media PICs will be FAA Commercially rated pilots with a second class

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

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can

achie ve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance as set forth in the Manual. The level of safety provided by the require ments included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the UAS are so diminished from th e level of risk associated wit h commercial operations contemplated by Part 61 when drafted, that allowing operations

of the UAS 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).

14 C.F.R. §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. Given the size of the aircraft and the requirements contained in the

Manual for ma intenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft 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 not 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 comb ination thereof.

The UAS , given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircra ft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8 607, 8737, 8738, 9299,
9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be set forth by the pre

- flight checklist as set forth in the Flight Operations Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances, aircraft performance data and setting the pre

- determined safe landing area in case of loss of GPS communication before initiation of flight.

14 C.F.R. §91.109: Flight instruct ion:

Section 91.103 provides 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control

box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual con trols for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A.The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the

aircraft.

14 C.F.R. §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 altitudes prescrib ed for helicopters by the FAA.As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. The UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their

pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS 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 and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein an d 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 aerialphotography and cinematography industry. In addition, the low

- altitude op erations of

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

14 C.F.R. §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 UAS may not have a barometric altimeter, but instead a GPS altitude r ead out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Pre Flight Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 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 p oint 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 the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a

pr edetermined area, a longer time frame for flight in daylight or night VFR conditions is

reasonable.

Custom Aerial Media believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed M artin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. Thi s restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.Similar exemptions have been granted to other operations, including Exemptions
2689F, 5745, 10673, and 10808.

14 C.F.R . §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person 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 issued under §91.715 is d isplayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The UAS full y 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 registration documents or to display them on the UAS

.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS wi ll have immediate access to them, to the extent they are applicable to the UAS

. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos.
9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §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 req uired 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 and Par t 43 apply only

to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achi eved because these small

UAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 fee t AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator isthe person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a ) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography and cinematography

for residential and commercial real estate and closed

- set special events.

Approval of exemptions allowing commercial operations of UAS for aerial photography and cinematography for real estate and close

- set special events will enhance safety by reducing risk. Conventional real estate aerial photography and cinematography use jet or piston powered aircraft, which carry large amounts of

combustible fuel posing increased risk. Conversely, UAS carry no combustible fuel, weigh only 55 lbs. or less comparatively to 3,000+ lbs. of a conventional aircraft, are much more easily maneuverab le and do not ferry to and from the production location. Additionally, flying at or below 400 AGL UAS will be no factor with fixed wing and rotor wing aircraft.

The operation of small UAS , weighting less than 55 lbs., conducted in the strict

conditions o utlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft

operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with traditional aircraft which pose a safety risk. There are no personnel on board the UAS and therefore the

likelihood o f death or serious bodily injury is significantly diminished. All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being

filmed or othe rwise have agreed to be in the area where filming will take place. Custom

Aerial Media will provide an equivalent or better level of safety as that achieved under

the current FAR’s.

Custom Aerial Media respectfully request that the FAA grants the exempti on request. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide mor e than adequate justification for the grant of the requested exemptions allowing commercial operation ofapplicant’s UAS in aerial photography and cinematography for the real estate industry

and close

- set special events pursuant to the Manuals appended her eto.

Sincerely,

Vincent	Oddo

Custom	Aerial	Media

Co

- o w n er

Elliot	Berman

Custom	Aerial	Media

Co

- o wn er