### Petition **of FT** **Aerial Services,**  **LLC for**  **Exemption Pursuant**  **to Section**  **333 of** **the FAA** **Modernization and**  **Reform Act**  **of 2012** 

Dear Sir orMadam, Pursuant to Section 333 of the FAAModernization and Reform Act of2012 and 14 CFR Part 11, FTAerial Services, LLC is hereby requesting an exemption from the listed Federal Aviation Regulations to operate a small Unmanned Aircraft System for the purpose of recording photography and videography for compensation or hire. This exemption would permit commercial operation by FTAerial Services, LLC, using a DJI Phantom 3 Professional UAS in order to provide the following services:

• real estate advertising

• land surveying

• agricultural surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections FTAerial Services, LLC’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and underconditions as may be modified by the FAA as required by Section 333.
FTAerial Services, LLC respectfully submits this request for an exemption due to its use of sUASs/UASs. Approval of this exemption would enhance safety and fulfill the Secretary of Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” FTAerial Services, LLC has organized this exemption request as follows: **I. Petitioner** **’ s**  **Description II.**  **Relevant Statutory** **Authority III.**  **Qualifications for** **Approval Under**  **Section 333**  **of the**  **Reform Act**  **IV. Description**  **of Proposed**  **Operations V.**  **Regulations from**  **which Exemption**  **is Requested**  **VI. Public**  **Interest VII.**  **Privacy VIII.**  **Federal Registry**  **Summary IX.**  **Conclusion**

**I. Petitioner** **’ s**  **Description**FTAerial Services, LLC, headquartered in Longview, TX, is a company that provides aerial

drone footage for consumers and businesses alike. The services we provide include but are not limited to:

• real estate advertising

• land surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections FTAerial Services, LLC’s goal is to operate in an accident

-free environmentwhile serving our community. FTAerial Services, LLC is owned/operated by two managing members with over 10 years of combined UAS/UAV/Drone experience: TroyMoore 3637 US Highway 259 N Apt 206 Longview, TX 75605 (903) 746

-1559 troy@ftaerialservices.com Julio Velasco 605 Old Highway 26 Kilgore, TX 75662 (806) 220

-6793 julio@ftaerialservices.com

**II. Relevant**  **Statutory Authority**  This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAAAdministrator is to considerwhether certain unmanned aircraft systems may operate safely in the National Airspace (“NAS”) before completion of formal UAS legislation, based on the following considerations:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator. 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.” Additionally, the FAAAdministrator has general authority to grant exemptions from its safety regulations and minimum standards, and has done so on numerous occasions, when theAdministrator decides a requested exemption is in the public interest. A party requesting an

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how itwould provide a level of safety at least equal to the existing rules). 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 under40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

**The Administrator**  **may grant**  **an exemption**  **from a**  **requ irement**  **of a**  **regulation prescribed**  **under subsection**  **(a) or**  **(b) of** **this section**  **or any**  **of sections.**  **III. Qualifications**  **for Approval**  **Under Section**  **333 of** **the Reform**  **Act** The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations would permit FTAerial Services, LLC the use ofsmall unmanned aircraft systems undercontrolled conditions in airspace that is: (1) predetermined; (2) access controlled; (3) enhanced with an increased level ofsafety beyond that existing when fixed or rotorwing aircraft are used to accomplish the same purpose. FTAerial Services, LLC uses a UAS (DJI Phantom 3 Professional) that is multi

-rotor, weighing less than 55 pounds, including payload. Under normal conditions, it operates at speeds less than 50 mph and has the capability to fly, hover, and move in the vertical and horizontal plane. FTAerial Services, LLC’s UASs will operate in line ofsight, during daylight hours, and will only operate within a sterile area. FTAerial Services, LLC will operate at or below400 feet above ground and will file a NOTAM for each flight operated in controlled airspace. All required permissions and permits would be obtained from territorial, state, county, orcity jurisdictions, including local law enforcement, fire, orother appropriate governmental agencies prior to operating a UAS. Given the small size of the UAS’s involved and the restricted sterile environment within which theywill operate, FTAerial Services, LLC’s exemption falls within the zone ofsafety and demonstrates an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending the completion of formal legislation. Also, due to the size of the UASs and the confined area in which theywill operate, approval of the exemption presents no hazard in the National Airspace System. Considering the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest. **IV. Description**  **of Proposed**  **Operations**To assist the FAA in its safety assessment of FTAerial Services, LLC’s proposed UAS

operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted undercurrent regulatory guidelines: 1. The UAS will weigh less than 55 pounds, 2. Flights will be operated within line ofsight of the PIC and observer. 3. Maximum total flight time for each operational flightwill be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%. 4. Flights will be operated at an altitude of no more than 400 feet above ground. 5. Minimum crew foreach operation will consist of the UAS Pilot in Command and a Visual Observer. 6. Prior to the operations at a particular location, a site inspection will have been conducted. 7. All UAS’s will be maintained in accordance with inspection programs specified in the manufacturer’s guidelines. 8. The PIC and VO will at all times be able to communicate byvoice. 9. The PIC, VO, and any other operational personnel will have been fully trained prior to having any operational responsibilities. 10. All required permissions and permits would be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire orother appropriate governmental agencies. 11. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined location with the sterile area and land. 12. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or emergencies. 13. FTAerial Services, LLC, by following FAA, NTSB, and AFS

-80 best practices, will assure no individuals’ privacy is violated. 14. Procedures have been established by FTAerial Services, LLC to contactATC prior to operating in airspace other than G.

**V. Regulations**  **from which**  **Exemption is**  **Requested** To use a UAS for data collection, FTAerial Services, LLC requests relief from the following sections ofTitle 14 of the Code of Federal Regulations:

• **§ 61.101(e)(4)**  **and (5)**  **and §** **61.113(a) Private**  **Pilot Limitations:**  **Pilot in**  **Command** Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non-commercial operations. However, because the aircraftwill not carry pilots or passengers and is limited in the type of operation and the area ofoperation, a private pilot can achieve the equivalent level of safety for the proposed operations as a commercial pilot. First, unlike conventional manned aircraft, UASs are remotely controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft that the level of risk associated with its’ operation is diminished from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14 CFR 61.101(e)(4)&(5) and 61.113(a).

• **§ 61.315(a)**  **Sport Pilot**  **Limitations**Section 61.315(a) limits sport pilots to non-commercial operations. However, because

the aircraftwill not carry pilots or passengers and is limited in the type of operation and the area of operation, a private pilot can achieve the equivalent level of safety for the proposed operations as a commercial pilot. First, unlike conventional manned aircraft, UASs are remotely controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft that the level of risk associated with its’ operation is diminished from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14 CFR 61.315(a).

• **§ 91.7(a)**  **Civil Aircraft** **Worthiness** Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation, which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. To maintain an equivalent level ofsafety, the PIC will ensure that the aircraft is in compliance with the Operating Manual and the FOPM prior to each flight. Additionally, the Pilotwill still complywith 91.7(b) and ensure that the aircraft is in condition for a safe flight.

• **§ 91.119(c)**  **Minimum Safe**  **Altitudes** Section 91.119(c) establishes safe altitudes for operation ofcivil aircraft over other than congested areas. FTAerial Services, LLC requests authority to operate up to 400 AGL over uncontested areas. The aircraftwill operate in a limited area within pre-defined boundaries with the consent of the landowner/controller and require that all non-essential persons remain clearofthe flight area during operations. The PIC will make a safety assessment of the risk of operating the aircraft and ensure no undue hazard is present for persons or property. Considering the size, weight and speed of the aircraft, these protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed aircraft operations is far less than conventional aircraft operating at or below 500 ft AGL. In addition, the low

-altitude operations of the aircraftwill ensure separation with conventional aircraft.

• **§ 91.121**  **Altimeter Settings**  Section 91.121 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.” The DJI Phantom 3 Professional does not have a barometric altimeter, but instead uses GPS altitude data. FTAerial Services, LLC establishes an equivalent level ofsafety by requiring the pilot to confirm that the GPS altitude is set to zero before every flight.

• **§ 91.151(a)(1)**  **Fuel Requirements**  **for Flight**  **in VFR** **Conditions** Section 91.151(a)(1) requires all dayVFR flights to operate with enough fuel to fly to first point of intended landing and then for at least an additional thirty minutes.The batteries that power FTAerial Services, LLC unmanned aircraft systems provide

approximately 23 minutes of powered flight time and therefore is unable to meet this requirement. However, the DJI Phantom 3 Professional has a low battery alarm along with a critical battery limit that automatically sends the aircraft back to its departure point. Also, because the aircraftwill be flying in a confined area without the presence of non-essential persons and with landowner/controller permissions, an equivalent level ofsafety can be achieved by flight planning all flights to return to intended landing site with a minimum of 25% reserve power in accordance with the FOPM.

• **§ 91.405(a)** **, §** **91.407(a)(1) ,**  **§ 91.409(a)(1)**  **and (2),**  **§ 91.417(a)**  **and (b)**  **Maintenance Inspections**  Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) require that an aircraft operator or owner shall “have that aircraft inspected as prescribed in subpart E of this part and shall between required 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 sections and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not apply to FTAerial Services, LLC operations. Maintenance will be accomplished by FTAerial Services, LLC in accordance with the operations manual and FOPM. The Pilot in Command will ensure that the aircraft is in working order prior to flight and will perform some maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Additionally, the Pilot in Command will conduct detailed inspections of the aircraft every 10 hours offlight. Maintenance performed by the PIC is limited to repairing small cracks replacing propellors, and updating software and firmware. All other maintenance will be performed by the manufacturer.
FTAerial Services, LLCwill keep a log of maintenance performed. Moreover, FTAerial Services, LLC and the PIC are most familiarwith the aircraft and best suited to maintain it in an airworthy condition. An equivalent level of safetywill be achieved because the DJI Phantom 3 Professional is limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the aircraft can land immediately and will be operating no higher than 400 feetAGL. **VI. Privacy**  There is little concern that the proposed flights will cause invasions of privacy because flights will occur over private or controlled access propertywith the land owner’s prior consent and knowledge. **VII. Public**  **Interest** Use of the DJI Phantom 3 Professional drone is in the public interest because it is safer for people and structures than conventional manned aircraft. First, riskto the flight crew is virtually eliminated by using an unmanned aircraft. Second, byflying a small aircraftweighing less than 55 pounds and carrying no fuel, risk to persons and structures on the ground isgreatly reduced. Finally, use of the DJI Phantom 3 Professional benefits the public because it

is better for the environment through reduction in noise and environmental pollution. **VIII. Federal**  **Registry Summary** 
FTAerial Services, LLC seeks an exemption from the following sections ofTitle 14 of the Code of Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to commerciallyoperate an unmanned aircraft system forcommercial purposes including but not limited to: aerial photography, aerial videography, land surveying, and industrial inspections. As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs for aerial photography and videographywill enhance safety by reducing risk. Conventional aerial photography, aerial videography, aerial surveying, and aerial inspections using manned aircraft present avoidable risks to flight crew and persons and structures on the ground because the aircraft is flying at low altitudes with large amounts of fuel. In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack ofcombustible fuel. Environmental risks are also eliminated by using an aircraft that does not have emissions. Therefore, by using an UAS for the purposes outlined by FTAerial Services, LLC, the risk to persons and structures will be significantly reduced. **IX. Conclusion** 
FTAerial Services, LLC requests an exemption from the aforementioned sections of 14 CFR. The exemption is in the public interest because itwill increase safety for persons and structures and FTAerial Services, LLC will provide an equivalent or greater level ofsafety as provided for in the applicable 14 CFR sections.