Nov.28. 2015 2:37PM 

November 13, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

No. 3477 P. I 

Re: Petition of Real Estate Photo Co. for an Exemption Pursuant to Section 333 of the FAA 

Modernization and RefonnAct of2012 

Director: Flight Standards Service: 

Pursuant to Section 333 of the FAA Modernization and Refonn Act of 2012 ("Refom1 Act") and 

14 C.P.R. Part 11, Real Estate Photo Co. ("Estate Photo") hereby applies for an. exemption from 

the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of 

small unmanned aerial vehicles (i.e., "small umnanned aircraft" or "UAS") ±or the purpose of 

conducting aerial photography, videography, and inspections for residential and commercial real 

property for the real estate industry. 

This petition for exemption is made based on infonnation outlined in this Petition for Exemption, 

as well as the accompanying Estate Photo documents; 

1. PIC Flight Operations Manual and; 

2. Operations Manuals 

(Collectively 2 and 3 are referred to as "Documents & Manuals") 

3. User Guide and; 

4. Flight Manual! 

(Collectively 3 and 4 are referred to as "Manufacturer's Manuals") 

Estate Photo submits these supporting materials as confidential documents pursuant to 14 C.P.R. 

§ 11.35(b), as the materials contain confidential commercial and/or propriela!y infonnation that 

Estate Photo has not and will not share with other requesting parties. Additionally, these 

documents contain operating conditions and procedures that are not generally available to the 

public and are protected from release under the Freedom ofinfonnationAct, 5 U.S.C. § 552 et. 

seq .. NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF TffiS 

LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE 

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM 

THE PETITIONER. 

1. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but 

not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training 

manuals, service information letters and, safety/service bulletins. 
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For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

II. Description of Proposed Operations 

A. Aerial Videography, Photography and Inspection 

III. Relevant Statutory Authority 

rv. Estate Photo's Proposed UAS Operations Meet the Requirements of Section 

333 Of the Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(l) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations 

F. 14 C.F.R. § 9l.7(a): Civil Aircraft Airworthiness 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

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

Registration · 

H. 14 C.F.R. § 91.103: Preflight Action 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

J. 14 C.P.R.§ 91.119(c): Minimum Safe Altitudes 

K. 14 C.F.R. § 91.121: Altimeter Settings 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Vl. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 

I. DESCRIPTION OF PETITIONER 
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No. 3477 P. 3 

Estate Photo is based in Irvine, CA working in real estate photography, videography, and 

inspection services. The Company specializes in, and will continue to focus on the photography, 

videography and inspection of real property for the industrial and commercial real estate 

industry. The Company's Principal and Chief Pilot Pouria Safabakhsh has been flying UAV 

Quadcopters as a hobby for more than two years without incident, spending hundreds of hours 

flying. 

Upon the grant of the 333 Exemption the Company's business will specialize in real estate 

photography, videography and inspection of real property. 

Estate Photo's staff are well trained and experienced in providing support as visual observers 

("VO") for the pilot in command ("PIC") in addition to any other needed on site assistance. 

All of the equipment owned by Estate Photo is of the highest quality gear and has been able to 

provide these services safely and without any claims or incident. Estate Photo's goal is to advise 

the perspective client that Estate Photo is following all the applicable state and federal rules to 

ensure the safety of the public while providing the client with a competitive and cost effective 

product. 

Estate Photo seeks an exemption to allow for photography, videography and other related media 

products. 

The contact information for Petitioner is as follows: 

Pouria Safabak:hsh 

Real Estate Photo Co. 

15333 Culver Dr #340-212 

Irvine, CA 92604 

Phone: 949.899.0061: Email: realestatephotoco@gmail.com 

II. DESCRIPTION OF PROPOSED OPERATION 

Estate Photo seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI 

Inspire; and DJI S 1000 (refened to EP-UAS ) (under 55lbs) tbr the proposed operations 

discussed herein below. All UAS operations will occur under tightly controlled conditions on 

private property or approved location where Estate Photo has received verifiable permission to 

operate from the landowner, controller or authorized representative. The proposed UAS 

operations will be conducted in accordance with the conditions and limitations of this Petition for 

Exemption and Estate Photo's Operations Manuals. As detailed in Estate Photo's Operations 

Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line-ofsight ("VLOS ") of the operator, in uncontrolled airspace, and will occur at least 5 nm away from 

an airport reference point. Moreover, Estate Photo's Operations Manuals incorporate redundant 

safeguards to assure the aircraft does not travel outside the controlled area ofUAS operations, 

including GPS "geo-fencing" technologies. 

A. Aerial Videography, Photography, Cinematography and Inspection 
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No. 3477 P. 4 

Estate Photo seeks to use sinal! EP·UAS for the purpose of conducting aerial photography, 

videography and inspection for the real estate industry. Estate Photo has purposefully tailored its 

operations to meet the requirements established by the FAA in prior grants of exemption 

authorizing commercial use ofUAS in the real estate industry, including: 

• Trudeau, Realtor® (Exemption No. 11138) 

• Alon Sicherman (Exemption No. 11728) 

• Sokoler Medly (Exemption No. 11341) 

• Raven Executive (Exemption No. 12639) 

All UAS photography, videography and inspection operations will occur on private property or 

approved location in a controlled area away from spectators and persons not involved in the 

recording process. In addition, the filming will be conducted between .dawn and dusk to ensure 

maximum safety for the public and those involved in the manipulation and operation of the UAS; 

VFR conditions, at altitudes below 400' above ground level ("AGL"). 

As set forth below, Estate Photo's operations provide an equivalent level of safety which is 

superior to performing the same work using conventional fixed-wing aircraft or helicopters. 

Small UAS video production is also safer than traditional manned aircraft petforming the same 

function. Videographer-inspectors also frequently need to climb roof tops, trees, ladders or 

otherwise perform elevated work, which exposes them to the risk of dangerous falls, 

electrocution or other work related injuries. In addition, depending on the nature of the video 

needed and inspection, proximity to equipment, and other mechanical hazards associated with 

industrial sites and construction facilities often involves a risk of exposure to hazardous 

conditions. The use ofEP-UAS mitigates these hazards and is ultimately a much safer and cost 

efficient method of performing these and most other types of inspections. 

Moreover, conventional operations using rotorcraft and flXed-wing aircraft in low level 

operations present risks associated with vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel which inherently presents significant frre 

hazards as well as exposure to other chemical contaminates. It is important to note the use of 

small UAS in this area will not only be safer and more cost effective to the perspective user or 

purchaser of the service, but the quality and expanse of acquired information will be far more 

robust given the low cost associated with its acquisition and other potential consumers an 

inexpensive product. 

UAS video production is more reliable; and allows for the collection, dissemination, and storage 

of visual and other sensory data with greater precision and duration at a very low cost. Small 

UASs will also be capable of accessing and inspecting areas that would otherwise be inaccessible 

or highly dangerous using conventional aircraft or other inspection methods. 

III. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuantto Section 333(a)through (c) of the . 

FAA Modernization and Reform Act of20 12 ("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 FAA Administrator is to pennit 
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unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe 

to do so based on the following considerations: 

• The VAS'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. 

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administratot); 49 U.S.C. § 4470l(f) (permitting exemptions from§§ 4470l(a), (b) and 

§§ 44702 44716, et seq.). 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 it would provide a level of safety at least equal to the existing rules). See 14 C.P.R. § 11.81 

(petitions for exemption). 

IV. ESTATE PHOTO'S PROPOSED EP-UAS OPERATIONS MEET THE 

REQurn.EMENTS OF SECTION 333 OF THE REFORM ACT . 

The small EP-UAS operations proposed by Estate Photo as noted above in this Petition for 

Exemption qualify for expedited approval pursuant to Section 333 of the Refonn Act as each of 

the statutory criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability. · 

• The EP-UAS utilized by Estate Photo has been approved for use in prior Section 

333 Grants of Exemption from the FAA.2 

• The EP-UAS weighs less than 55 pounds, including payload 

• The EP-UAS will not be flown at a ground speed in excess of 50 knots. The 

exemption holder may use either grotmdspeed or calibrated airspeed to det=ine 

compliance with the 50 knot speed restriction. 

• Altitude information will be generated by equipment onboard the UAS as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio 

altimeter, or any combination thereof. This infonnation will be transmitted to the pilot 

via telemetric data feed. 

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138); Grant of Exemption to Alan 

Sicherman (Exemption No. 11728); Grant of Exemption to Sokoler Medly (Exemption No. 11341 ). 
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• The EP-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UASs to 

return to a predetermined location and safely land without injury or damage. 

• The radio frequencies used for operations and control of the EP-UAS comply with 

the Federal Communications Commission ("FCC") and other appropriate government 

oversight agency requirements. The operating frequency for the EP-UAS is 2.4 GHz 

frequency bands. 

If the san1e operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the EPUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an tmintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

Estate Photo's Operations Manuals 

Estate Photo's Operations Manuals and the Manufacturer's Manual for the selected EP-UAS will 

contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of Estate Photo's proposed operations, below is a summary of operational limitations 

and conditions that Estate Photo will adhere to, and which will ensure an equivalent or higher 

level of safety to operations conducted under current regulatory guidelines: 

1. The EP-UAS weighs less than 55 pounds, with payload. 

2. All operations shall be conducted over private or controlled-access property with 

verifiable permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be obtained 

for each scheduled flight prior to operation. 

3. All U ASs operated under the Grant of Exemptiop. will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable. · 

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the EP-UAS, and one or more Visual Observers ("Observer") as 

necessary to safely. conduct the mission. 

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC will also meet the flight review 

requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on "-

his or her pilot certificate. Q' ) 
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6. The EP-UAS shall be operated within VLOS of the PIC and Observer at all times. 

The PIC must use human vision unaided by any device other than corrective lenses, 

as specified on the PIC's FAA-issued medical certificate. 

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during flight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added to 

the Estate Photo's Operations Manuals. The Operations Manuals will be maintained 

and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the Grant of Exemption and Estate Photo's 

Operations Manuals, the conditions and limitations in the Grant of Exemption shall 

take precedence and must be followed. Otherwise, Estate Photo shall follow the 

procedures outlined in their Operations Manuals. 

10. Estate Photo may update or revise its Operations Manuals. Revisions will be tracked 

and a revised copy of the Manual will be provided to the Administrator upon request. 

Estate Photo will also present an updated and revised Operations Manuals if it 

petitions tor extension or amendment to its Grant of Exemption. If an update or 

revision would affect the basis upon which the FAA grants the exemption, Estate 

Photo will seek an amendment to its Grant of Exemption. Estate Photo will contact 

the FAA's UAS Integration Office (AFS-80) if questions arise regarding updates or 

revisions to the operating documents. 

11. Estate Photo Operations Manuals and its Grant of Exemption will be available to the 

PIC at the ground control station anytime the EP-UAS is operating. 

12. The PIC is prohibited from beginning a EP-UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed, to fly after that for at least 10 minutes. 

13. Maximum total flight time for each operational flight using the EP-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%, whichever occurs first. 

14. Flights will be operated at an altitude of no more than 400 feetAGL and will never 

enter navigable controlled airspace without timely prior written authorization and 

approval from the FAA. In the event the structure being inspected exceeds 400 feet 

AGL, theUAS will not be operated more than 100 feet above the highest point on the 

structure, and no more than 50 feet horizontally from the structure. 

15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 
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a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must 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 UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and detennined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 9l.ll9(a). 

16. The EP-UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

17. The EP-UAS may not operate within 5 nm of an airport reference point as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that 

airport's management is obtained, and the operation is conducted in accordance with 

a NOTAM as required by the FAA. The letter of agreement with the airport 

management will be made available to the Administrator upon request. 

18. Prior to each flight the PIC shall inspect the EP-UAS to confirm that it is in a 

condition safe for t1ight. The pre-flight inspection will account for all discrepancies, 

e.g. inoperable components, items, or equipment, not already c.overed in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any EP-UAS if the inspection reveals a condition that affects the safe 

operation of the EP-UAS until the necessary maintenance has been performed and the 

EP-UAS is found to be in a condition tbr safe flight. The ground control station shall 

be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS's records as required by Estate Photo's Operations 

Manuals. 

19. Estate Photo will timely carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operations Manuals. Maintenance, inspection, 

and alterations will be fully noted in the EP-UAS records, including total time in 

service, description of work accomplished, date completed and the signature of the 

authorized person returning the EP-UAS to service. 

20. Any EP-UAS that bas undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must timely undergo a functional test flight in accordance with Estate Photo's 

Operations Manuals. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The requirements and procedures for a 

functional test flight and EP-UAS record entry shall be included in the Estate Photo's 

Operations Manuals. C) ~ 

\ 
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21. The EP-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates. 

22. Prior to the operation, a Mission Packet will be created in accordance with the 

requirements on Estate Photo's Operations Manuals. 

23. Estate Photo will obtain an Air Traffic Organization ("ATO") issued Certificate of 

Waiver or Authorization, otherwise known as a COA, prior to conducting any 

operations under this Grant of Exemption. A NOTAM will be issued as required by 

the COA. All operations will be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

24. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

25. If the EP-UAS loses communication with the PIC, it will have the capability to safely 

return to a pre-determined location within the operational area and land safely. 

26. Contingency plans will be in place to safely temlinate flight ifthere is a loss of 

communication between the PIC and the Observer. 

27. The EP-UAS will have the capability to safely abort flight in the case ofunpredicted 

obstacles or emergencies. 

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid 

and current state driver's license issued within the United States. 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CPR § 61.51 (b), a minimum of 200 flight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS 

pilot with a similar EP-UAS type platform. This requirement can be achieved by 

flights conducted and logged as a hobbyist. 

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 6l.5l(b), a minimum of hours pursuant to 54 

CFR § 61.5l(b) as UAS pilot operating the make and model ofEP-UAS to be utilized 

for operations under the exemption and three take-offs and three. landing in the 

preceding 90 days. 

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under 

special visual flight rules ("SVFR") shall not be conducted. 

32. The EP-UAS shall remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 
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33. EP-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

34. The UAS will not be operated from an elevated platform unless designed and 

engineered specitlcally for such purposes and be in compliance with the general 

restrictions imposed by the applicable regulations. Additionally no PIC will provide 

any film-flight operations while in motion from atop any elevated platform vehicle or 

device. 

35. Before conducting operations, the radio frequency spectrum used for operation and 

control of the E.P-UAS will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

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, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.3 

Estate Photo seeks an exemption from several interrelated provisions of Title 14 of the Code of 

Federal Regulations ("14 C.F.R") Parts 21, 45,61 and 91 for purposes of conducting the 

requested operations using EP-UAS platforms noted above. Listed below are: (1) the specific 

sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and 

safeguards that Petitioner has established which will ensure a level of safety better than or equal 

to the rules from which exemption is sought.4 

UNMANNED AIRCRAFT SYSTEM 

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. 

§91.203(a)(l) 

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met and in point of fact · 

exceeded, and therefore no exemption is needed. 5 If, however, the FAA determines that there 

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, 

an exemption is requested. 

Equivalent Level of Safety 

3 49 U.S.C. § 4470 I (f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant 

to Sections 4470l(a) and (b) and Sections 44702- 44716). 

4 14 C.F.R § I L8l(e), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at leililt equal to that 

provided by the rule from which you seek exemption. 

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22). 
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Estate Photo's use of the E:P-UAS is safe when taking into account its size, weight, speed, and 

operational capability. As set forth in the description of proposed operations in Section IV(A), 

the EP-UAS weighs less than 55 pounds, including payload and will not be flown at a ground 

speed in excess of 50 knots. The EP-UAS is also equipped with safety features which will allow 

Petitioner to operate the EP-UAS safely after experiencing certain in-flight contingencies or 

failures as noted below.6 7 

Additionally, the EP-UAS carries neither pilots nor passengers, carries no explosive materials or 

flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive 

and operate exclusively within the parameters stated in Estate Photo's Operations Manuals. 

Operations conducted under this exemption will be closely contro!led and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. Estate Photo will also provide the FAA with advance notice of 

all operations via NOTAMs as required by the applicable COA. In all cases, operation ofthe EPUAS under the proposed conditions will be at least as safe as, or safer than, conventional 

rotorcraft operating with an airworthiness certificate. Lastly, the EP-UASs do not need a means 

to communicate with other aircraft or ATC, because those capabilities will be solely possessed 

by the PIC and Observer, who are not onboard the EP-UAS.8 In addition, no sense·and-avoid 

technology is necessary for the EP·UASs because they will be operated at all times in VFR 

conditions and within VLOS of the PIC and Operator.9 

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI SIOOO] 

has the capability to operate safely after e01:periencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning 

system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight 

control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned 

aircraft performing a similar operation." 

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): "The EP-UAS can 

be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the 

system where to go, and the system does all the flying for the operator. The EP-UAS can be operated in both semi 

and fully autonomous flight modes, with the operator simply clicking on a map to crMte: a pre-planned flight path 

for a flight. In addition, the operator can create no fly zones or maxim= flight ranges and altitudes so the system 

cannot enter areas deemed unsafe or wmecessary to fly ove:r. The petitioner states further that the UAS has built-in 

inte!BgMt fault handling which allows the EP-UAS to detect a system fault while in the air and automatically fly 

back to its iakeofflocation and land. Faults that can be detected include: loss of communication; exceeding pre-set 

wind thresholds; and low battery levels'" 

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any 

point if the operator is not expli.citly commanding the system to move, the system automatically holds its GPS 

position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, 

barometric pressure, temperatu.J:e, wind speed and others to ensure stability so long as wind thresholds are not 

exceeded. Also a flight termination lillk- to prevent a 'fly away' or other potentially dangerous situation- is 

available to the operator." 

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13). 

9. Id 
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B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

nonnal category rotorcraft. To the extent that Estate Photo's small EP-UAS would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, 

Subpart H, supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

Estate Photo seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), CivilAircraftFlightManual, Marking and Placard 

requirements, provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identitied in accordance with Part 45 of this chapter. 

• 14 C.F.R. § 45.23(b), Markings oftheAircraft, states: 

When marks include only the Roman capital letter "N" and th.e 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 near each entrance to the cabin, cock--pit, 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. 

• 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks. required by 

§ 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."IO 

Equivalent Level of Safety 

All EP-UAS flown by Estate Photo will bear N-number markings that are as large as practicable 

in accordance with 14 C.P.R. Part 45, Subpart C.l! 

10 FAA Docket No. FA.<\-2014-0352. 

11 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
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D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

Estate Photo seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft " [ s ]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS platforms to be operated under this grant of exemption will not have. (Emphasis added) 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by Estate Photo's Operations 

Manuals, the PIC will conduct a pre-flight inspection ofthe EP-UAS and all associated 

equipment to account for all discrepancies and! or inoperable components. Maintenance will be 

performed and verified to address any conditions potentially affecting safe operation of the EPUASs and no flights will occur unless, and until, all flight critical components of the EP-UAS 

have been found to be airworthy and in a condition safe for operation. A functional test flight 

will be conducted following the replacement of any flight-critical components. As required by 

Estate Photo's Operations Manuals, the PIC who conducts the functional test flight will make an 

entry in the EP-UAS aircraft records of the flight. 

Estate Photo's Operations Manual also includes requirements to follow the manufacturer's UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevons), structures & airframe, camera system, 

electrical systems (including batteries), ground control station, hazard accessories, and spare 

parts. Further, Estate Photo's Operations Manuals also include procedures to document and 

maintain a record of the EP-UAS 's maintenance, preventative maintenance, alterations, status of 

replacement /overhaul component parts, and the total time in service of the EP-UAS used under 

this Grant of Exemption. As a whole, the maintenance and inspection procedures required in 

Estate Photo's Operations Manuals ensure that an equivalent or higher level of safety will be 

achieved. 

PILOT-IN-COMMAND OF THE UAS 

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Estate Photo seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the EP-UAS will be 

operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant 

of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS ().A... 

J' 
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No. 3477 P. 14 

operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate.12 The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

Equivalent Level of Safety 

The restrictions Estate Photo has placed on its EP-UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial. Estate Photo will operate on private property 

away from persons and property not involved in the operation. Estate Photo will also obtain an 

ATO issued CO A prior to conducting any operations under this Grant of Exemption. All 

operations will be conducted in accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder requirements. A NO TAM 

will also be issued as required by the applicable COA. 

In addition to these flight restrictions, Estate Photo will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and comrnun.ication issues 

pertaining to all aircraft operators but also in the unique aspects ofEP-UAS flight. As set forth 

in the Operations Manuals, pilots will have experience not only in EP-UAS operations generally 

but have logged flight time in the specific make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of Estate Photo. The pilot 

qualification, training, and currency requirements in the Operations Manuals ensure that Estate 

Photo pilots are competent and proficient in the EP-UAS they are operating. Estate Photo's 

training and qualification requirements are consistent with those contained in prior FAA Section 

333 Grants of Exemption, and will provide a higher level of competency and proficiency for its 

pilots and will ensure at least an equivalent level of safety to the public. 

OPERATING PARAMETERS OF THE UAS 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Inasmuch as there will be no airworthiness certificate issued for the UASs, Estate Photo seeks an 

exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition 

to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the 

extent that the requirements of Part 21 are waived or found inapplicable.l3 Accordingly, 

Petitioner requests that the requirements for§ 91.7(a) be treated in accordance with 

Section V(A), supra. 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

12 Exemption No. 11062 (FAA Docket No. FAA-2014-0352). 

13 See !d. at 13-14, 22. 
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Title 14 C.P.R.§ 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 9l.9(b) (2): 

(b) No person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is 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 combination 

thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(l) 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 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Given the small size and configuration of the EP-UAS, it would be impossible to keep 

ainvorthiness documents and other aircraft manuals on board the EP-UAS because there is 

simply no room and the EP-UAS has no cabin or cockpit. As a way to comply with the code 

Estate Photo will maintain the documents with the PIC and make them available for inspection. 

Equivalent Level of Safety 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.P.R. 91.9(b) and 

91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.14 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

H. 14 C.F.R. § 91.103: Preflight Action 

Estate Photo seeks an exemption from 14 CF.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA -approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required. 

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, 

to John Dunc!lll, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18. 
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Equivalent Level of Safety 

No.3477 P. 16 

An equivalent level of safety will be provided by following the Estate Photo's Operations 

Manuals and the Manufacturer's ManuaL The PIC will perfonn a series of checklists designed to 

identity any defects or inoperable components in accordance with the Estate Photo's Operations 

Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. 

The PIC will also be required to review weather, flight requirements, battery charge, landing and 

takeoff distance, UA perfonnance data, and contingency landing areas----before initiation of 

flight. Estate Photo's Operations Manuals and the Manufacturer's Manual will be kept at the 

ground control station and will be accessible to the PIC at all times while operating the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

Estate Photo seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o person may operate a civil aircraft (except a matJ.lled free balloon) that is being used 

for flight instruction unless that aircraft has fully fu!lctioning dual controls." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flightcontrol is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that Estate Photo intends to use, an equivalent level of safe 

training can still be perfonned without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the Estate Photo's Operations Manuals, all persons will be a safe 

distance away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, as required by the Estate Photo's Operations Manuals, all flight training will be 

conducted in controlled and sterile environment. As a whole, the safety procedures provided for 

in Estate Photo's Operations Manuals ensure that the proposed UAS operations provide an 

equivalent or higher level of safety than that provided by the flight instruction regulations. 

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 

Estate Photo requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).15 Section 91.119 prescribes the minimum safe altitudes under which aircraft inay not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

15 Relief from § 9 !.ll9(a) will not be necessary because Petitioner will be able to perfonn an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. 

See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15). 
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No. 3477 P. 17 

An exemption is required because the proposed EP-UAS operation will normally need to occur 

below 400 feetAGL. In circumstances where the EP-UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the EP-UAS will not be operated more than 100 feet above the 

highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due 

the nature of the proposed operations, the Pilot and/ or Observers(s) may need to be less than 500 

feet away from the EP-UAS. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flanunable fuel with the above noted UASs, any risk 

associated with these operations is far less than those which presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

EP-UASs, as well as the controlled location where the operations will occur. In order to avoid 

any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or 

when inspecting a U.S. structure whose height exceeds 400 feetAGL, within 100 feet above the 

highest point on that structure and SO feet horizontally of the structure. 

As set forth in the Operations Manuals, the EP-UAS will be operated in a restricted area, and a!l 

flights will be operated at a lateral distance of at least 500 feet from any nonparticipating 

persons, unless that person is in a position where he or she is shielded from the EP-UAS and any 

possible debris resulting from its failure. As required by the Operations Manuals, flights will be 

terminated if a nonparticipating person within 500 feet of the EP-UAS leaves a shielded position. 

Further, its operations will occur at least 500 feet away from vehicles or structures unless the 

property owner/controller timely has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and, operations near the PIC or 

Observer will not present an undue hazard per § 91.119( a). Adherence to these restrictions in 

Estate Photo's Operations Manuals will ensure operations can be conducted without 

compromising public safety.16 

K. 14 C.F.R. § 91.121: Altimeter Settings 

Estate Photo seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required to the extent 

that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "!£barriers or structures 

are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, 

then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that 

nonparticipatil11! persons remain under such protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease ill1Illediately. When considering how 

to immediately cease operations, the primazy concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or stnlctures grants permission for the operation and the PIC makes a 

safety assessment of the risk of operating closer to those objects and detennines that it does not present an undue 

hazard." 
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The FAA has stated that an equivalent level of safety to the requirements of 14 C.P.R. §91.121 

can be achieved in circumstances where: (1) the UASs will be operated below 400 feetAGL or 

below17, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to 

the operator at a ground-based on-screen display and, ( 4) where prior to each flight, a zero 

altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.18 

The EP-UAS that Estate Photo intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by Estate Photo's Operations Manuals, the PIC 

will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior 

FAA Section 333 Grants of Exemption, the EP-UAS Estate Photo intends to use, and the safety 

mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level 

of safety or greater level will be achieved, and a Grant of Exemption to the requirements of§ 

191.121 is therefore approp1iate. 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Estate Photo requests an exemption from 14 C.P.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point 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. 

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.P.R.§ 91.151(a) is therefore required. Moreover, it is not 

Estate Photo's intention to fly the EP-UASs at night. 

Equivalent Level of Safety 

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAAdet=ined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a EP·UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the EP-UAS provide approximately 

50 minutes of powered flight (with payload) and provided battery level aJ::td battery time 

remaining in minutes and seconds to the PIC.19 The FAA also considered the fact the EP-UAS 

17 If the height of the structure being inspected exceeds 400 feet AGL, the LIAS will not be operated more than I 00 

feet above the highest point on the structure. 

18 See Grant of Exemption No. 11062 to Astraeus Aerial (l'AA-2014-0352 at 21). 
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No. 3477 P. 19 

operating manual states: "start every flight with a fully charged battery in the aerial vehicle", and 

that in the event that the EP-UAS should run low on power, the PIC will be alerted and can 

safely land the- EP-UAS as soon as possible. Like the VDOS Grant of Exemption, Estate Photo's 

use of the EP-UAS, combined with the requirements of Petitioner's Operations Manuals, ensure 

that an equivalent level of safety can be achieved and in fact exceeded. 

Similarly, in the Grant of Exemption to Alan Pmwin (Exemption No. 11161), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR 

conditions could be achieved by prohibiting the PIC from begirming a flight with the UA unless 

(considering wind and forecast weather conditions), there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Estate Photo will adhere to this limitation for its EP-UAS flights. · 

The EP-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from 

the EP-UAS to a ground-based-on-screen display.20 As required by Estate Photo's Operations 

Manuals, the PIC will promptly fly the EP-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of 25% 

reserve battery power. Estate Photo submits that the procedures requiring flights to be safely 

terminated once the batteries fall below 25% capacity, combined with the requirement that flights 

only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and 

within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an 

equivalent or higher level of safety to the public to that provided by the regulations from which 

exemption is sought. 

VI. DRUG AND ALCOHOL PROGRAM 

Estate Photo will have policies in place to ensure that no person may participate in EP-UASs 

flight operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Estate Photo's Petition for Exemption. Congress 

has established a national policy that favors early integration ofUAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act-the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The proposed EP-UAS operations in this Petition for Exemption significantly in1proves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

19. Grant ofEJ(emption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20. The EP-UAS ground control station displays, the UASs position, navigation route, tail nl.lll1ber, altitude, 

heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and 

orientation relative to the UAS. 
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No. 3477 P. 20 

property owners from whom permission was granted for use by Petitioner and abutting 

properties, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of inspecting 

and monitoring potential locations and relevant sites and facilities requires location personnel to 

climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform 

elevated work for which the individual is neither trained nor equipped to perform, which 

exposes them to unnecessary risk of serious physical injury from dangerous falls or other 

physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous 

conditions, unsafe environments, culturally tense situations and other hazards associated with 

identifYing specific locations for potential recording sites to be used in the end product. The use 

of small UASs can eliminate these hazards and ultimately create a much safer method of 

performing these types of inspections creating a safer environment for the public as well as 

Estate Photo employees. 

The use of small UAS also enhances safety and reduces risk to the surrounding public because, 

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flanunable 

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, Estate Photo's small battery powered EP-UAS presents significantly less danger to 

persons on the ground when compared to operations by conventional manned aircraft.21 As 

Petitioner's EP-UAS are battery powered, the public will also benefit from a reduction in harmful 

petroleum based emissions associated with conventional aircraft performing in the same 

functions proposed herein. Air quality will naturally be improved with the reduction of fuel 

powered vehicles. 

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs 

provide an additional economic tool for the aerial filming notwithstanding the industry, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft22 The quality of the finished product is enhanced and provides a greater finished 

product demand which will aid the current UAS industry and provide additional jobs as the cost 

of providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production; therefore, given the lower cost, 

owner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC's. 

VTII. PRIVACY 

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard 

crewmembers, as necessary. The petitioner's UAS will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Risk 

to an on board pilot and crew during an .incident or accident is eliminated "l'ith the use of a UA for the aerial filming 

operation." 

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18). 
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No. 3477 P. 21 

All EP-UAS operations will be conducted in accordance with applicable federal, state, and local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 6l.ll3; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 9l.ll9(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l); 

91.409(a)(l) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with 

performing equivalent film work and aerial video production with conventional fixed-wing 

aircraft, rotorcraft, or other methods. 

X. CONCLUSION 

Estate Photo's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of2012 which includes weight; speed; operating capabilities; proximity to airports 

and populated areas; operation within VLOS and national security. The proposed EP-UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

human exposure to danger while lowering the attendant related costs thereby increasing the 

demand for the finished product. In consideration of the foregoing, this Petition for Exemption 

provides the FAA with more than adequate justification for granting the requested exemptions 

allowing Estate Photo to use small EP-UAS sin the recorded production of its product. 

We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submitted, 

P(fik~ 1 

Pouria Safabak:hsh 

Real Estate Photo Co. 

15333 Culver Dr #340-212 

Irvine, CA 92604 

Phone: 949.899.0061: Email: realestatephotoco@gmail.com 

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom ofinforrnationAct, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 
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Page 22 

1. General Operations Manual 

2. PIC Operating Manual 

3. Company Protocols . 

4. Location Protocols 

5. Flight Communications Protocols 

6. Departing Location Protocols 

7. Transmitter Protocols 

8. Preflight Checklist 

9. Post Flight Checklist 

10. Equipment Checklist 

11. UAS Manufacturer's Manuals 

a. User Manuals 

b. UAS Maintenance Manuals 

No. 3477 P. 22