December 21, 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federation Aviation Regulations.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the “Reform Act”) and 14 C.F. R part 11, Aerial Images Photography, the Petitioner, requests exemption from the variou s Federal Aviation Regulations (“FAR”) in order to legally operate an Unmanned Aerial Vehicle (UAV) in the National Airsp ace System.

The Petitioner wishes to be granted the exemption f or use of the UAV for commercial operations: Common aerial video and still photography uses incl ude:

- Real Estate brokerage and sales

- Construction tracking and documentation

- Golf course maintenance documentation

- Municipalities, County and State agency

- Demographic analysis

The Petitioner believes the use of the Unmanned Aer ial Vehicles in many, but not all, applications is more economical and safer than a manned aircraft and is more beneficial to the general public due to its sm all size, its quiet, emission-free propulsion system, slow speed and minimal potential for accident.

The name and contact information of the applicant i s: Allan E. Goldstein Aerial Images Photography 1285 Bradley Lane Elk Grove Village, IL 60007 Mobile: (847) 533-8466; office: (847) 985-7685 em ail: airfoto@yahoo.com

REQUEST FOR SUMMARY GRANT Because this petition is similar in material respec ts to previous petitions the FAA has granted, Aerial Images Photography requests that the FAA issue a summary grant of exemption pursuant to the agency's expedited summary grant process.

Specifically, the public interest and safety benefi ts Aerial Images Photographys’ operations will achieve are materially similar to those recognized in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), Ill 09 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LL C (see Docket No.FAA-2014-0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642).Aerial Images Photography will adhere to a series of operating parameters th at will offer the same level of safety as the conditions the FAA currently requires in its summary grants.

EXEMPTIONS REQUESTED The regulations from which the exemption are reques ted are listed below. Addendum A lists specifics of each rule, why an exemption from that rule is necessary and a proposal for an alternate method of complianc e

- 14CFR 91.7 (a)

- 14CFR Part 21, Subpart H

- 14CFR 91.203

- 14CFR91.207

- 14CFR 45,23(b)

- 14CFR 91.9

- 14CFR 91.109

- 14CFR 91.119

- 14CFR 91.121

- 14CFR 91.151

- 14CFR 61.113

- 14CFR Subpart E (91.401-91.417

About the company AERIAL IMAGES PHOTOGRAPHY: Aerial Images Photography is a professional custom aerial and ground based p hotography company established by Allan E. Goldstein in 1988. Complete information regarding the services provided by Aerial Images Photography is available at their web site www.aerialimages-photo.com

The owner and primary operator, Allan E. Goldstein (FAA pilot certificate 2020814) is a Commercial, Instrument, Multi-engine pilot with CFI, CFII, MEI, Ground Instructor and Instrument Ground Instructor ratings. Mr. Goldstein also has a current FAA Secon d Class medical certificate issued in March, 2015 a nd a current flight review dated May, 2015.

Having received his license in 1970, he has logged over 8000 civilian hours and has owned a 1979 Cessn a Skyhawk 172N since 1988. He operates out of DuPage County Airport (DPA) in West Chicago, Il. Mr. Goldstein has extensive knowledge and experience fl ying in Class B, Class C and Class D airspace.

On many occasions, Mr. Goldstein has had the need t o enter the Chicago area Class B airspace and the O ’hare Class D in order to accomplish his aerial photograp hy missions. Thus, he has interfaced with both the Chicago

Tracon and the control tower at O’hare Internationa l to work out the logistics of coordinating the pho to mission.

Mr. Goldstein has always been a proponent of FAA po licies and has strived to follow rules and to impre ss upon his flight students and colleagues the need to resp ect and follow rules and be both well-trained, well -educated and exhibit common sense regarding the hazards and risks inherent to aviation.

Finally, Mr. Goldstein is extremely familiar with the construction and operation of radio-controlled aircraft having 12 years modeling experience. He is well awa re of the safety and damage risks these aircraft po se.

THE UNMANNED AIRCRAFT (UAS)

The Unmanned Aerial Vehicle to be used is a 5.3 lb. battery-operated 4-motor rotorcraft in the form of a quadcopter designed to launch and land vertically, similar to, but not limited to the Inspire1 V2.0 quadcopter, manufactured by DJI Corporation and mod ified by the applicant to carry the following equipment in flight; A) An on-board flight computer with Global Positioning System (GPS) navigation and location ability capable of receiving signals for flight controls fr om a ground-based transmitter/controller,B) An on-board camera capable of capturing imagery in the form of full color, high definition at

resolutions up to 4K (4,096x2,160 pixels) at 30fps and 1,080p at 60fps and 12-megapixel stills C) An on-board telemetry system that downloads flight data from the on-board flight computer to the on-board radio transmitter including altitude above the field elevation, horizontal and vertical speed

, compass direction of flight and direction back to i ts launch site, and battery energy levels D) A 600mw,5.8Ghz on-board radio transmitter that down links video from the on-board camera to a separate monitor for the PIC and photographer.

The UAS has a small 20 inch wingspan and ultra-ligh t payload capacity of 2 lbs. making this platform i deal for precision aerial video and still photography. This is accomplished thru the use of the on-board GPS an d related flight management software that allows the operator to plan safely and efficiently a mission in 3D and then

monitor it in real-time.

The three main characteristics of the DJI Inspire1 V2.0 and similar units are

1. Very light weight. This unit is so lightweight it c an land on any surface without requiring a parachute of landing net. Its’ low impact energy (i n case of a controlled emergency landing) also significantly reduces the risk of hazardous co nsequences. 2. Electric powered. The unit is a “clean and green” in that it does not burn fossil fuels or generate any polluting hydro-carbon emissions. It is also very quiet and reliable.

3. Semi-automatic flight. The artificial intelligence incorporated with the UAS autopilot system continuously analyzes data from the onboard GPS and automates all aspects of the flight under the supervision of the operator.

THE GROUND STATION-BASED PART OF THE SYSTEM:

A. A Pilot in Command (PIC) in operational control of all flight operations from pre-flight to landing wh o controls the Unmanned Aerial Vehicle on the ground and in the air

B. A 100mW 2.4 GHz radio transmitter operated by the P IC to control the aircraft in all operational phase s. C. A radio receiver receiving live video and flight da ta from the on-board camera and computer onto a vid eo monitoring device such as a tablet or Smart Phone) for the PIC to view during flight. This is akin to an airplane pilot looking out the windshield.

D. A Visual Observer (VO) who provides a section pair of eyes to visually track the UAV in flight, and ac ts as photographer operating a separate control device capable of panning and tilting the camera in order to capture the desired video/stills.

The Unmanned Aerial Vehicle, powered by batteries i s smaller, lighter, more maneuverable, mechanically simpler, more cost-effective and environmentally sa fer than larger aircraft typically used as aerial p latforms,

such as the Cessna 152 and Cessna 172. The UAV’s ha ve electric batteries for powering the propulsion s ystem at altitudes at or below 400feet AGL, carries no p eople on board (hence the term “Unmanned”), and doe s not emit carbon monoxide or hydrocarbons into the atmos phere.

OPERATING PARAMETERS Aerial Images Photography will adhere to the following operating parameters when operating UAS pursuant to a grant of the requested exemption: 1. Operations will be conducted using the DJI Phant om 3, the DJI Inspire 1 and similar UAS of comparab le size, weight and operating capabilities.

2. The UAS will not be operated at a speed exceedin g 87 knots (100 miles per hour), at an altitude gre ater than 400 feet above ground level, or, when visibility is less than 3 statute miles, less than 500 feet belo w or 2,000 feet horizontally from a cloud. All operations will be conducted during the day under visual meteorolo gical

conditions.

3. All operation will be conducted in accordance wi th a Certificate of Waiver or Authorization (COA.)4. All operations will use a pilot-in-command ("PIC ") and a visual observer ("VO"), and the UAS will r emain within the visual line of sight of the PIC or the V O at all times. The PIC will maintain VLOS capabili ty and the ability to communicate verbally with the VO at all times.

5. The PIC will hold an airline transpmt, commercia l, private, recreational, or sport pilot certificat e, as well as

an FAA airman medical certificate or a valid U.S. d river's license. The PIC will meet the flight revie w requirements specified in 14 C.F.R. § 61.56 in an a ircraft in which the PIC is rated on his or her pil ot certificate.

6. Aerial Images Photography will ensure prior to operation that the PIC has de monstrated the ability to safely operate the UAS in a mmmer consistent with how the UAS will be operated under this exemption, includin g evasive and emergency maneuvers and maintaining app ropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and curr ency will be logged in a manner consistent with 14 C.F.R. § 61.51(b).

7. Aerial Images Photographys’ operating documents will be accessible during UAS operations and made available to the Administrator upon request.

8. Prior to each flight, the PIC will conduct a pre -flight inspection and determine the UAS is in a co ndition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been p erformed and the UAS is found to be in a condition for safe flight.

9. Any UAS that has undergone maintenance or altera tions that affect the UAS operation or flight characteristics, e.g., replacement of a flight crit ical component, will undergo a functional test flig ht prior to conducting further operations under this exemption.

10. Aerial Images Photography will follow the UAS manufacturer's maintenance, ov erhaul, replacement, inspection, and life limit requirements, as well as safety bulletins, for the aircraft and aircraft co mponents.

11. The PIC will abort the flight in the event of u npredicted obstacles or emergencies, and will yield to all

manned aviation activities.

12. Aerial Images Photography will register and mark its UAS in accordance with 14 C.P.R. parts 47 and 45.

THE FAA'S AUTHORITY TO GRANT THIS PETITION The FAA has authority to grant the exemption reques ted herein under the FMRA and the Federal Aviation Act. Section 333 of the FMRA deals specifically with int egrating UAS into the National Airspace System, and directs the Secretary of Transportation to determin e which UAS, as a result of their size, weight, spe ed, operational capability, proximity to airports and p opulated areas, and operation within visual line of sight do not create a hazard to users of the national airspace s ystem or the public or pose a threat to national se curity."

Section 333 further directs the Secretary to establ ish requirements for the safe operation of such air craft systems in the National Airspace System.

The Federal Aviation Act authorizes the Administrat or of the FAA to grant exemptions from regulations prescribed under certain provisions of the Act wher e such exemptions are in the public interest.5 Patt 11 of the Federal Aviation Regulations governs the FAA's exem ption process and requirements.

The FAA has granted more than 1,100 exemptions to d ate pursuant to its Section 333 and exemption autho rity, enabling commercial UAS operations in a wide variet y of industries.CONCLUSION: As demonstrated above, the UAS operations Aerial Images Photography has proposed in this petition for exemption will garner significant public benefits w hile presenting minimal safety risks. Aerial Images Photography’s petition satisfies the criteria of Section 333 of the FMRA and is substantially similar to previous petitions the FAA has granted, meriting a summary g rant of exemption.

Thus, Allan E. Goldstein, the Petitioner requests exemptions from the Federal Avi ation Regulations specified in Appendex “A” in order to legally operate an Unmanne d Aircraft System (UAS) in the National Airspace System. This is critical in conducting operations p ertaining to my aerial photography business (Aerial Images Photography) in a safe and controlled environment. The Petitioner hopes for a timely consideration as we have made a considerable investment in time and fin ances on this project.

We are prepared to modify or amend any part of this request to satisfy the need for equivalent level o f safety. Please contact us at any time if additional informa tion or clarification is required. We look forward to working with your office.

Sincerely 

# Allan E. Goldstein

Allan E. Goldstein, Commercial Pilot Certificate 2020814 Aerial Images Photography Co. 1285 Bradley Lane Elk Grove Village, IL 60007 (847)533-8466 office (847)533-8466 mobile email: Airfoto@yahoo.com

## Addendum A

Exemption Requests and Equivalent Level of Safety

14CFR 91.7 (a) Civil Aircraft Airworthiness This regulation provides that “no person may operat e a civil aircraft unless it is in an airworthy con dition.

Reason for Exemption: It has been determined that similar UAS’s do not re quire an airworthiness certificate.

The petitioner will ensure airworthiness thru the c ombined use of the manufacturers’ Operations Manual and preflight checks. These UAV’s are so simplistic tha t very little can go wrong so as to cause personal harm and property damage.

14CFR Part 21, Subpart H: Airworthiness Certificate s

This part establishes the procedures for the issuan ce of an airworthiness certificate, which are requi red for all U.S. registered aircraft.

Reason for Exemption: Currently, the FAA has no established airworthiness standards for UAV’s.

Since the typical UAV is an extremely simplistic de vice weighing less than 10 pounds that travels very slowly for a distance less than 3⁄4 mile in a 15minute fligh t no higher than 400 feet AGL, we propose this devi ce not require an Airworthiness Certificate.

The FAA has already determined that similar UAS’s d o not require an airworthiness certificate as grant ed in Exemption No. 11623, 11650, 11664 and 11734.

14CFR 91.203 Civil aircraft: Certifications require d. This regulation provides that an airworthiness cert ificated, with the registration number assigned to the aircraft and a registration certificate must be aboard the a ircraft. Additionally, subparagraph (b) provides th at the airworthiness certificate be “displayed at a cabin or cockpit entrance so that is legible to the passe ngers and

crew.”

Reason for Exemption : At a maximum gross weight of less than 10pounds, the UAS is too small to carry documentation, does not have an entrance and is not capable of carrying passengers and crew, an exempt ion to this rule is required.

FAA has determined that similar UAV’s do not requir e an airworthiness certificate as granted in Exemption Nos. 11623, 11650, 11664 and 11734. Howev er, as an alternate means of compliance and to obta in an equivalent level of safety and meet the intent o f 91.203, we propose that documents deemed appropri ate for this aircraft by the FAA will be co-located with th e crew at the ground control station and available for inspection upon request

14CFR91.207 Emergency locator transmitters

. This regulation provides that “(a)no person may ope rate a U.S.-registered civil airplane unless there is attached to the airplane an approved automatic type emergenc y locator transmitter that is in operable condition ....”:Reason for Exemption : At a maximum gross weight of less than 10pounds, the UAS is too small to carry an Emergency Locator Transmitter.

Since the UAV is always within visual contact withi n 3/4nm from the operator, the ELT is unnecessary.

14 CFR 45.23 (b): Display of marks: general and 45. 29: Size of marks This regulation provides that each aircraft must di splay “N” and the aircrafts registration number in letters at least 3 inches high. Additionally, the aircraft mu st display the word “EXPERIMENTAL” in letters at le ast 2 inches high near the entrance to the cabin, cockpit or pilot station.

Reason for Exemption: The UAS , at a maximum gross weight of less than 10 pounds, is not used for carrying passengers or property, and as such, does not have an entrance on which the word “EXPERIMENTAL” can be placed. .

As an alternate mode of compliance, since the fusel age is too small for decals 3 inches in height, we propose a smaller decal with the word “EXPERIMENTAL” be place d on the fuselage in compliance with FAR45.29 The FAA has issued the following exemptions to this regulation to Exemptions Nos 10700, 8738, 10167, a nd

10167A.

14CFR 91.9(b)(2): Civil Aircraft Flight Manual in t he aircraft This regulation provides that no person may operate an aircraft unless a current, approved flight manu al is in the aircraft. We assume that the intent of his require ment is to ensure that flight manual information is available to the crew while operating the aircraft.

Reason for Exemption: The UAV aircraft is too small and too light-weight to carry such documentation on

board.

As an alternate means of compliance and to ensure an equivalent level of safety, we propose to keep t he flight manual at the ground control location where the pil ot flying the UAV and will have immediate access to it. This issue has been addressed by FAA in other exemptions , such as Exemption #8607, 8737, 8738, 9299 9288a.

14CFR 91.109(b): Flight instruction This regulation provides that “No person may opera te a civil aircraft that is being used for flight i nstruction unless that aircraft has fully functioning dual con trols

.

Reason for Exemption: The UAV is a ground based control station consistin g of a small hand-held radio transmitter and there is no availability for a seco nd set of “controls”

As an alternative means of compliance and to retain a high level of proficiently, we propose that both the student and instructor, can and will, operate the s ingle set of controls simultaneously. With both the student and instructor having “hands-on” the controls during fl ight, we feel this technique meets the intent of 91 .109 and provides and equivalent level of safety.

Additionally, it must be noted the Petitioner, the owner of Aerial Images Photography has over 12 year s of RC aircraft experience and has participated in model a irplane competition. UAV’s are not a new item to th e Petitioner and he fully understands their operation , design and hazards.

14CFR 91.119: Minimum safe altitudes.This regulation states that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle or structure.

Reason for Exemption: Since the aircraft will be operating at a maximum o f 400ft AGL, it will always be operated within 500 feet of any person, vessel, veh icle or structure.

In order to provide an equivalent level of safety, we propose to only operate over private property wi th the express written approval of the owner or their agen ts. The aircraft will not be operated over congeste d areas or over any open air assembly of persons. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. We also mainta in it to be an important consideration that due to the small size of the UAV, the hazard to persons, vehicles a nd

structures is minimal.

14CFR 91.121: Altimeter settings This regulation requires that the aircraft shall ma intain cruising altitudes by reference to an altime ter setting

available within 100nm of the aircraft.

Reason for Exemption: Due to its’ small size and weight, combined with th e fact, the UAV’s do not carry persons or property, they do not have onboard altim eter equipment.

As an alternate means of compliance and to maintain a comparable level of safety, the UAV provides the PIC

with an “Above Ground Level” altitude readout trans mitted by the on-board computer to the PIC display screen. We propose to keep the UAS always below 400 feet AG L and not fly in an area where there may be conflic t
with other aircraft.

14CFR 91.151: Fuel requirements for flights in VFR conditions. This regulation requires that no person may begin a flight in an ai rcraft under day VFR conditions unless there is enough fuel to fly to the first point of intende d landing and to fly thereafter for at least 30 min utes

Reason for Exemption: The 30 minute reserve is impossible to accomplish s ince the UAV’s are battery capacity during normal flight allows for approximat ely 15 minutes flight time.

We feel the intention of this paragraph is to provi de an energy reserve as a safety buffer in the even t of a delay arriving at a destination. The UAV is battery opera ted and the maximum duration of flight from a singl e charge

is 12 minutes with a 20% reserve. Since the aircraf t will never fly more than 3/4NM from the point of intended landing, a full battery charge at launch will ensur e we meet the manufacturers reserve energy requirem ent. We propose an exemption of the 30 minutes fuel require ment be replaced with 20% energy requirement.

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges a nd Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil airc raft of the United States, unless that person: (1) has a pilot certificate or special purpose authorization issued under this part in that person's physical possession or readil y accessible. (2) The flight is only incidental to that business or employment. (3) The aircraft does not carry passeng ers or property for compensation or hire.

Reason for Exemption: The Petitioner will follow all manufacturers' train ing program and safety manual. We also believe this requirement is unnecessary for pi lot-controlled drone flight. Additionally, current FAA proposals have omitted this as a future requirement for small UAS ' s.

Although this particular Petitioner is a Commercial ly Rated IFR pilot, with CFI, CFII and MEI ratings, we would like the flexibility to train and authorize a non-certificated pilot to fly the UAS with the Pet itioner present

at all times.14CFR Subpart E (91.401 – 91.417) Maintenance, Prev entive Maintenance, Alterations. These regulations provides that the operator is pri marily responsible for maintaining the aircraft in an airworthy condition, including compliance with parts 39 and 4 3. Paragraphs 91.407 and 91.409 require that the ai rcraft be “approved for return to service by a person authori zed under Part 43.7 after maintenance and inspectio n.

Reason for Exemption: There are currently no available Aircraft and Power plant mechanics with or without an Inspection Authorization certified to perform maint enance on a small battery-powered UAVs.

It is our intention that the PIC/owner of the UAV p erform maintenance and inspections of the aircraft and be authorized to approve the aircraft for return to se rvice. As provided in the manufacturers Preflight C hecklist, the

PIC will ensure that the aircraft is in an airworth y condition prior to every flight. Maintenance perf ormed by the PIC is limited to repairing small cracks, replacing propellers and motors, checking electrical connect ions and updating software and firmware for the on-board com puter. All other maintenance will be performed by t he manufacturer or their designated repair facility. T he PIC will document work perform in accordance wit h FAR

91.417.

We feel that due to the size, construction and simp licity of the aircraft, the PIC can ensure an equiv alent level of safety.