### Nov.28. 2015 2:37PM

November 13, 2015 U.S. Department ofTransportation DocketManagement System 1200 New JerseyAve., SE Washington, DC 20590 

### No. 3477 P. I

Re: Petition ofReal Estate Photo Co. for an Exemption Pursuant to Section 333 ofthe FAA Modernization and RefonnAct of2012 Director: Flight Standards Service: Pursuant to Section 333 ofthe FAAModernization and RefonnAct of2012 ("Refom1 Act") and 14 C.P.R. Part 11, Real Estate Photo Co. ("Estate Photo") hereby applies for an. exemption from the FederalAviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles 

### (i.e., "small umnanned aircraft" or "UAS") 

### ±orthe 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 otherrequesting 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, 5U.S.C. §552 

### et. seq.. 

### NOTE: ALLATTACHMENTS SET FORTH IN SUPPORT OF TffiS LETTER OF PETITIONARE CONFIDENTIALAND SHALL NOT BE RELEASED TO THE PUBLIC WITHOUT WRITTENAUTHORIZATION FROM THE PETITIONER. 1. The term "Manufacturer's Manual" also includes all relevant manufacturerpublications, including, but not limited to: operations and flight manuals, user guides, componentmaintenance manuals, pilottraining manuals, service information letters and, safety/service bulletins.

### Nov.28. 2015 2:39PM No. 3477 P. 2 U.S Department ofTransportation November 13, 2015 Page2 For your convenience, this Petition is organized as follows: 

### I. Description ofPetitioner II. Description ofProposed Operations A. Aerial Videography, Photography and Inspection III. Relevant StatutoryAuthority 

## rv. Estate Photo's Proposed UAS Operations Meet the Requirements ofSection 333 Ofthe ReformAct A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based on the Operational Restrictions SetForth in the Operations Manuals
V. Regulations FromWhichExemption 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): CivilAircraftAirworthiness 

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

### §91.203(a) and (b): Carrying CivilAircraft Certification and Registration · 

### H. 14 C.F.R. §91.103: PreflightAction I. 14 C.F.R. §91.109(a): Flight Instruction J. 14 C.P.R.§ 91.119(c): Minimum SafeAltitudes 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 andAlcoholProgram 

### VII. Public Interest VIII. Privacy IX. Federal Register Summary 

### X. Conclusion I. DESCRIPTION OF PETITIONER

### Nov. 28. 2015 2:40PM U.S Department ofTransportation November 13, 2015 Page 3 

### No. 3477 P. 3

Estate Photo is based in Irvine, CAworking in real estate photography, videography, and inspection services. The Company specializes in, and will continue to focus on the photography, videography and inspection ofreal property for the industrial and commercial real estate industry. The 

### Company's Principal and ChiefPilotPouria Safabakhshhas been flying UAV Quadcopters as ahobby for more than two years without incident, spending hundreds ofhours flying. Upon the grant ofthe 333 Exemption the Company's business will specialize in real estate photography, videography and inspection ofreal property. Estate Photo's staffare well trained and experienced inproviding support as visual observers ("VO") for the pilot in command ("PIC") in addition to any otherneeded on site assistance. All ofthe equipment ownedby Estate Photo is ofthe highest quality gear andhas been able to provide these services safely and without any claims orincident. Estate Photo's goal is to advise the perspective clientthat Estate Photo is following all the applicable state and federal 

### rules to ensure the safety ofthe public while providing the clientwith acompetitive and cost effective product. Estate Photo seeks an exemption to allow for photography, videography and otherrelated media products. 

### The contactinformation for Petitioner is as follows: Pouria Safabak:hsh Real Estate Photo Co. 15333 CulverDr#340-212 Irvine, CA 92604 Phone: 949.899.0061: Email: realestatephotoco@gmail.com II. DESCRIPTION OF PROPOSED OPERATION 

### Estate Photo seeks an exemption pursuantto Section 333 ofthe ReformActto operate the DJI Inspire; and DJI S1000 (refened to EP-UAS ) (under 55lbs) tbrthe proposed operations discussed herein below. All UAS operations will occurunder 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 ofthis Petition for Exemption and Estate Photo's Operations Manuals. As detailed in Estate Photo's Operations Manuals, all UAS operations will be limited to daytimeVFR conditions, within visual line-ofsight ("VLOS") ofthe operator, in uncontrolled airspace, and will occur at least 5nm 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

### Nov. 28. 2015 2:42PM U.S Department ofTransportation November 13, 2015 Page4 

### No. 3477 P. 4

Estate Photo seeks to use sinal! EP·UAS for the purpose ofconducting aerial photography, videography and inspection for the real estate industry. Estate Photo has purposefully tailored its operations to meet the requirements established by the FAAin prior grants ofexemption authorizing commercial use ofUAS in the real estate industry, including:

• Trudeau, Realtor® (ExemptionNo. 11138) • Alon Sicherman (Exemption No. 11728) • SokolerMedly (ExemptionNo. 11341) • Raven Executive (ExemptionNo. 12639) All UAS photography, videography and inspection operations will occur onprivate property or approved location in a controlled area away from spectators andpersons not involved in the recording process. In addition, the filming will be conductedbetween .dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation ofthe UAS; VFR conditions, at altitudes below 400' above ground level ("AGL"). As setforth below, Estate Photo's operations provide an equivalent level ofsafety which is superiorto performing the same work using conventional fixed-wing aircraft orhelicopters. Small UAS video production is also saferthan traditional manned aircraft petforming the same function. Videographer-inspectors also frequently need to climb rooftops, trees, ladders or otherwise perform elevated work, which exposes them to the risk ofdangerous falls, electrocution or other workrelated injuries. In addition, depending on the nature ofthe video needed and inspection, proximity to equipment, and other mechanical hazards associated with industrial sites and construction facilities often involves arisk ofexposure to hazardous conditions. The use ofEP-UAS mitigates these hazards and is ultimately amuch safer and cost efficientmethod ofperforming these and most othertypes ofinspections. Moreover, conventional operations using rotorcraft and flXed-wing aircraft in low level operations presentrisks associated with vehicles weighing tens ofthousands ofpounds (including payload) and carrying large amounts offuel which inherently presents significant frre hazards as well as exposure to other chemical contaminates. It is importantto note the use of small UAS in this area will not only be safer andmore cost effective to the perspective user or purchaser ofthe service, butthe quality and expanse ofacquired information will be far more robust given the low cost associated with its acquisition and otherpotential consumers an inexpensive product. UAS video production is more reliable; and allows for the collection, dissemination, and storage ofvisual and other sensory data with greaterprecision and duration at a very low cost. Small UASs will also be capable ofaccessing and inspecting areas thatwould otherwise be inaccessible orhighly dangerous using conventional aircraft or other inspection methods. III. RELEVANT STATUTORYAUTHORITY This Petition for Exemption is submittedpursuantto Section 333(a)through (c) ofthe

. FAAModernization and ReformAct of2012 ("ReformAct"). Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe ReformAct, the FAAAdministrator is to pennit

### Nov. 28. 2015 2:45PM No. 3477 P. 5 U.S Department ofTransportation November 13,2015 Page 5 unmanned aircraft systems to operate in the NationalAirspace Systems ("NAS") where it is safe to do so based on the following considerations:

• The VAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within the visual line ofsight ofthe operator. Additionally, the FAAAdministratorhas general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides arequested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe Administratot); 49 U.S.C. §4470l(f) (permitting exemptions from§§ 4470l(a), (b) and §§ 44702 44716, et seq.). Aparty requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as awhole, and (2) would not adversely affect safety (or how it would provide alevel ofsafety 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 REFORMACT

. The small EP-UAS operations proposed by Estate Photo as noted above in this Petition for Exemption qualify for expedited approval pursuantto Section 333 ofthe RefonnAct 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 AGrant ofExemption is appropriate for operations conductedusing 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 ofExemption 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 of50 knots. The exemption holder may use either grotmdspeed or calibrated airspeedto det=ine compliance with the 50 knot speed restriction. • Altitude information will be generatedby equipment onboard the UAS as specifiedusing GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combinationthereof. This infonnationwill be transmitted to the pilot via telemetric data feed.

2 See e.g., Grant ofExemption to Trudeau, Realtor® (Exemption No. 11138); Grant ofExemption to Alan Sicherman (Exemption No. 11728); Grant ofExemption to SokolerMedly (Exemption No. 11341).

### Nov. 28. 2015 2:47PM No. 3477 P. 6 U.S Department ofTransportation November 13,2015 Page6

• The EP-UAS will have systemredundancies and independent functionality to ensure the overall safety and predictability ofthe system. Ifconnection to the remote control or ground control station is lost, failsafe systems will permit the UASs to return to apredetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control ofthe 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. Ifthe san1e operations were conducted using ahelicopter, the aircraft's take-offweight would likely exceed 6,000 pounds depending on payload. The difference in weight between the EPUAS and ahelicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event ofan tmintended accident or incident. In addition, the risk to the onboard pilot and camera operatoris eliminated. B. Approval is WarrantedBased on the OperationalRestrictions 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 successfullyperform the operations specified in this Petition for Exemption. To assist the FAAin making a safety assessment ofEstate Photo's proposed operations, below is a summary ofoperational limitations and conditions that Estate Photo will adhere to, and which will ensure an equivalent orhigher level ofsafety to operations conducted under currentregulatory guidelines: 

### 1. The EP-UAS weighs less than 55 pounds, with payload. 2. All operations shall be conducted overprivate or controlled-access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorizedrepresentative will be obtained for each scheduled flight prior to operation. 3. All UASs operatedunder the Grant ofExemptiop. will be identified by serial number, registered in accordance with 

### 14 CFR part

### 47, and have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings will be as large as practicable. · 4. Minimum crew for each flight operation will consist ofapilot, who will be Pilot-in Command ("PIC") ofthe EP-UAS, and one or more Visual Observers ("Observer") as necessary to safely.conduct the mission. 5. PICs shall possess either aprivate, recreational, or sportpilot certificate. The PIC must also hold a currentFAA airman medical certificate or avalid U.S. driver's license issuedby a state, the District ofColumbia, Puerto Rico, aterritory, a possession, or the Federal government. The PIC will also meetthe flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on "- his or herpilot certificate. 

# Q')

### Nov. 28. 2015 2:49PM No. 3477 P. 7 U.S Department ofTransportation November 13, 2015 Page7 6. The EP-UAS shall be operated within VLOS ofthe PIC and Observer at all times. The PIC must use human vision unaided by any device otherthan 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 ortexting will notbe permitted during flight operations. 9. The additional requirements identified in the Grant ofExemption shall be added to the Estate Photo's Operations Manuals. The Operations Manuals will be maintained and made available to the Administratorupon request. Ifadiscrepancy exists betweenthe conditions and limitations in the Grant ofExemption and Estate Photo's Operations Manuals, the conditions and limitations in the Grant ofExemption shall take precedence and mustbe followed. Otherwise, Estate Photo shall follow the procedures outlined in their Operations Manuals. 10. Estate Photo may update orrevise its Operations Manuals. Revisions will be tracked and arevised copy ofthe Manual will be providedto the Administratorupon request. Estate Photo will also present an updated and revised Operations Manuals ifit petitions tor extension or amendment to its Grant ofExemption. Ifan update or revision would affect the basis upon whichthe FAAgrants the exemption, Estate Photo will seek an amendment to its Grant ofExemption. Estate Photo will contact the FAA's UAS Integration Office (AFS-80) ifquestions arise regarding updates or revisions to the operating documents. 11. Estate Photo Operations Manuals and its Grant ofExemption will be available to the PIC at the ground control station anytime the EP-UAS is operating. 12. The PIC is prohibited from beginning aEP-UAS flight unless (considering wind and forecast weather conditions) there is enough powerto 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 orthe amount oftime the UAS can be flown and still maintain a reserve battery power ofno less than 25%, whichever occurs first. 14. Flights will be operated at an altitude ofno more than 400 feetAGL and will never enternavigable controlled airspace without timely prior written authorization and approval from the FAA. In

### the eventthe structure being inspected exceeds 400 feet AGL, theUAS will notbe operated more than 100 feet above the highestpoint on the structure, and no more than 50 feet horizontally from the structure. 15. Flight operations mustbe conducted at least 500 feet from all nonparticipating persons. (persons otherthan the PIC, VO, operatortrainees or essential persons), vessels, vehicles, and structures unless:

### Nov. 28. 2015 2:51PM No. 3477 P. 8 U.S Department ofTransportation November 13,2015 Page 8

a. Barriers or structures are presentthat sufficientlyprotect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission andthe PIC has made a safety assessment ofthe 

### risk ofoperating closerto those objects and detennined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 9l.ll9(a). 16. The EP-UAS may notbe 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 5nm ofan airportreference point as denoted on a currentFAA-published aeronautical chart unless aletter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with aNOTAM as requiredby the FAA. The letter ofagreement with the airport management will be made available to the Administratorupon request. 18. Priorto each flight the PIC shall inspectthe EP-UAS to confirm that it is in a condition safe for t1ight. The pre-flight inspectionwill account for all discrepancies, e.g. inoperable components, items, or equipment, not already c.overed in the relevant sections ofthe operating documents as well as equipmentupdates. The PIC shall not operate any EP-UAS ifthe inspection reveals acondition thataffects the safe operation ofthe EP-UAS until the necessary maintenance has been performed andthe 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 mustbe properly documented in the UAS's records as required by Estate Photo's Operations Manuals. 19. Estate Photo will timely carry outits 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 ofwork accomplished, date completed and the signature ofthe 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 ofaflight critical component) must timely undergo afunctional 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 ofthe flight. The requirements andprocedures for a functional test flight and EP-UAS record entry shall be included in the Estate Photo's Operations Manuals. 

## C)**~** 

# \

### Nov.28. 2015 2:53PM No. 3477 P. 9 U.S Department ofTransportation November 13, 2015 Page 921. The EP-UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins andproduct updates. 22. Priorto the operation, aMission Packet will be created in accordance with the requirements on Estate Photo's Operations Manuals. 23. Estate Photo will obtain anAir Traffic Organization ("ATO") issued Certificate of Waiver orAuthorization, otherwise known as a COA, priorto conducting any operations under this Grant ofExemption. ANOTAM 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 ofairspace, altitude level and potential transponder requirements. 24. All required permissions andpermits 

### will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 25. Ifthe EP-UAS loses communication with the PIC, itwill have the capability to safely return to apre-determined location within the operational area and land safely. 26. Contingency plans will be in place to safely temlinate flight ifthere is aloss 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 avalid and current state driver's license issuedwithin the United States. 29. Priorto conducting operations for filming, the PIC 

### will have accumulated and logged, in amanner consistent with 14 CPR § 61.51(b), aminimum of200 flight cycles and 25 hours total time as aUAS rotorcraft pilot and at least 10 hours logged as aUAS pilot with a similar EP-UAS type platform. This requirement can be achievedby flights conducted and logged as ahobbyist. 30. Priorto conducting operations for filming, the PIC will have accumulated and logged, in amanner consistent with 14 CFR § 6l.5l(b), a minimum ofhours pursuantto 54 CFR § 61.5l(b) as UAS pilot operating the make and model ofEP-UAS to be utilized for operations under the exemption andthree 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 notbe conducted. 32. The EP-UAS shall remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

### Nov.28. 2015 2:55PM U.S Department ofTransportation November 13, 2015 Page 10 

### No. 3477 P. I0

33. EP-UAS Operations under 

### InstrumentFlightRules, at night, orbeyond VLOS are prohibited. 34. The UAS will not be operated from an elevatedplatform 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 elevatedplatform vehicle or device.
35. Before conducting operations, the radio frequency spectrum used for operation and control ofthe 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 FederalAviationAct expressly grants the FAAthe authority to issue exemptions. This statutory authority, 

### by its terms, includes exempting 

### civil aircraft, as the term 

### is definedunder § 40101 ofthe Act, including UASs, from its safety regulations and minimum standards when the Administrator decides arequested exemption is in the public interest.3 Estate Photo seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code of Federal Regulations ("14 C.F.R") Parts 21, 45,61 and 91 for purposes ofconducting the requested operations using EP-UAS platforms noted above. Listedbelow are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitionerhas established 

### which will ensure alevel ofsafety betterthan 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 FAAhas stated that no exemption is needed from this section ifa finding is made under the ReformAct that the UAS selectedprovides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met and inpoint offact · exceeded, and therefore no exemption is needed. 5 If, however, the FAAdetermines that there are some characteristics ofthe chosen UAS that fail to meet the requirements ofthe ReformAct, an exemption is requested. EquivalentLevel of Safety

3 49 U.S.C. §4470I(f) (authorizing the grant ofexemptions from requirements ofregulations prescribedpursuant to Sections 4470l(a) and (b) and Sections 44702- 44716).
4 14 C.F.R § IL8l(e), whichrequires apetition for exemptionto include: The reasons why granting the exemption would not adversely affect safety, or how the exemptionwould provide alevel ofsafety at leililt equal to that provided by the rule from which you seek exemption. 5 See Grant ofExemptionNo. 11062 to Astraeus Aerial (FAA-2014-0352 atpgs. 13-14, 22).

### Nov.28. 2015 2:57PM U.S Department ofTransportation November 13,2015 Page 11 

### No. 3477 P. II



### Estate Photo's use ofthe E:P-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description ofproposed operations in Section IV(A), the EP-UAS weighs less than 55 pounds, includingpayload and will notbe flown at aground speed in excess of50 knots. The EP-UAS is also equipped with safety features which will allow Petitionerto operate the EP-UAS safely after experiencing certain in-flight contingencies or failures as notedbelow.6 7 Additionally, the EP-UAS carries neitherpilots norpassengers, carries no explosive materials or flammable liquid fuels, or other elements identifiedby Homeland Security as being prohibitive and operate exclusively within the parameters stated in Estate Photo's Operations Manuals. Operations conductedunder this exemption will be closely contro!led and monitored by the PIC operator andwill be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. Estate Photo will also provide the FAAwith 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 saferthan, conventional rotorcraft operating with an airworthiness certificate. Lastly, the EP-UASs do not need ameans to communicate with other aircraft orATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboardthe EP-UAS.8 In addition, no sense·and-avoid technology is necessary for the EP·UASs because they willbe operated at all times in VFR conditions and within VLOS ofthe PIC and Operator.9

6 See e.g., Grant ofExemptionNo. 11184 to Low Country RC, Corp. (FAA-2014-0803 atpg. 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 maintainUAS stability and control. The UAS is also able to respond to a loss ofglobal positioning system (GPS) or alost-link event with apre-coordinated, predictable, automated flight maneuver, andmanual flight control functionality as abackup. These safety features provide an equivalentlevel ofsafety compared to amanned aircraft performing a similar operation." 7 See e.g., Grant ofExemptionNo. 11184 to VDOS Global, LLC. (FAA-2014-0382 atpgs. 4-5): "The EP-UAS can be operated entirelyby atouch-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 amap to crMte: apre-planned flight path for aflight. Inaddition, 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 canbe detected include: loss ofcommunication; exceeding pre-set windthresholds; and low battery levels'" All flight operations are globalpositioning system (GPS) controlled, makingthe system easy to navigate. At any point ifthe operatoris not expli.citly commanding the system to move, the system automaticallyholds its GPS position. The flight control system employs not only GPS positioning but avariety ofsensors including sonar, barometric pressure, temperatu.J:e, wind speed and others to ensure stability so long as windthresholds are not exceeded. Also aflight termination lillk- to prevent a 'fly away' or otherpotentially dangerous situation- is available to the operator." 8See Grant ofExemptionNo. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13). 9. Id

### Nov.28. 2015 2:59PM No.3477 P. 12 U.S Department ofTransportation November 13, 2015 Page 12 B. 14 

### C.F.R. Part27 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 extentthat 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) and45.27(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 aU.S.-registered civil aircraftunless that aircraft is identitied in accordance with Part 45 ofthis chapter.

• 14 C.F.R. §45.23(b), Markings oftheAircraft, states: When marks include only the Roman capital letter "N" andth.e registration number is displayed on limited, restricted or light-sport category aircraft or experimental orprovisionally certificated aircraft, the operatormust also display on that aircraft near each entrance to the cabin, cock--pit, or pilot station, in letters not less than 

### 2inches nor more than 

### 6inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

• 14 C.F.R. 

### §45.27(a), Rotorcraft, states: Each operator ofarotorcraft must display on thatrotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks. required by §45.23. In 

### aprevious Grant ofExemption, the FAAdetermined that exemption from these requirements was warrantedprovided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R Part45, Subpart Cifthe markings are as large as practicable."IO 

### EquivalentLevel of Safety All EP-UAS flown by Estate Photo will bearN-number markings that are as large as practicable in accordance with 

### 14 C.P.R. Part 45, Subpart C.l!

10 FAADocketNo. FA.<\-2014-0352. 11 See, e.g., FAADocketNo. FAA-2014-0352, at 14.

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### No.3477 P. 13

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 ofan aircraft "[

### s ]hall have the aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 ofthis chapter"). 

### An exemptionfrom these regulations is needed because Part43 andthese sections only apply to 

### aircraftwith an airworthiness certificate, which the 

### UASplatforms to be operatedunder this grant of exemption willnothave. (Emphasis added) 

### EquivalentLevel of Safety An equivalent level ofsafety will be achieved or exceededbecause 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 apre-flight inspection ofthe EP-UAS and all associated equipmentto account for all discrepancies and!or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe EPUASs and no flights will occurunless, anduntil, all flight critical components ofthe EP-UAS have been found to be airworthy and in a condition safe for operation. Afunctional test flight will be conducted following the replacement ofany flight-critical components. As requiredby Estate Photo's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the EP-UAS aircraftrecords ofthe flight. Estate Photo's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements 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 arecord ofthe EP-UAS's maintenance, preventative maintenance, alterations, status of replacement /overhaul componentparts, andthe total time in service ofthe EP-UAS usedunder this Grant ofExemption. As awhole, the maintenance and inspection procedures required in Estate Photo's Operations Manuals ensure that an equivalent orhigher level ofsafety will be achieved. PILOT-IN-COMMAND OFTHE UAS
E. 14 C.F.R. 

### § 61.113: Private PilotPrivileges and Limitations Estate Photo seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation orhire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure that the skill and competency ofany PIC matches the airspace in which the PIC will be operating, as well as requiring certifications ifthe private pilot is carrying passengers or cargo for hire. In this case, while the EP-UAS will be operated as part ofacommercial operation, they carry neitherpassengers nor cargo. Inthe Grant ofExemption to Astraeus Aerial, the FAAdetermined that the unique characteristics ofUAS 

### ().A... 

## J'

### Nov.28. 2015 3:04PM U.S Department ofTransportation November 13, 2015 Page 

### 14 

### No. 3477 P. 14

operation outside ofcontrolled 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 ofthe additional requirements for aprivate pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. EquivalentLevelof Safety The restrictions Estate Photo has placed on its EP-UAS operations meet or exceed the restrictions similarly imposed onAstraeus 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 COApriorto conducting any operations under this Grant ofExemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level andpotential transponder requirements. ANOTAM will also be issued as required by the applicable COA. In addition to these flight restrictions, Estate Photo will further ensure safe operationby 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 buthave logged flight time in the specific make and model used for the operations before they 

### are permitted to participate in commercial flights on behalfofEstate 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 priorFAA Section 

### 333 Grants ofExemption, and will provide ahigher level ofcompetency and proficiency for its pilots and will ensure at least an equivalent level ofsafety to the public. OPERATINGPARAMETERS OFTHE UAS 

### F. 14 C.F.R. § 91.7(a): CivilAircraftAirworthiness 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 FAAhas stated that no exemption is required for 14 C.F.R. §91.7(a) to the extentthat the requirements ofPart 21 are waived or found inapplicable.l3 Accordingly, Petitionerrequests that the requirements for§ 91.7(a) be treated in accordance with SectionV(A), supra. G. 14 C.F.R. 

### §91.9(b)(2): CivilAircraft Flight Manual in theAircraft and 14 C.F.R. §91.203(a) and (b): Carrying CivilAircraft Certification and Registration



### 12 Exemption No. 11062 (FAADocketNo. FAA-2014-0352). 

### 13 See !d. at 13-14, 22.

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### No.3477 P. 15

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. Pursuantto 14 C.F.R. §9l.9(b) (2): (b) No person may operate aU.S.-registered civil aircraft- (2) Forwhich anAirplane or Rotorcraft FlightManual is required by§ 21.5 ofthis chapter, unless there is available in the aircraft a current approvedAirplane or Rotorcraft Flight Manual, approved manual material, markings, andplacards, or any combination thereof. Pursuantto 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraftunless ithas within it the following: (l)An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate requiredby paragraph (a) ofthis 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 ofthe 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 away to comply with the code Estate Photo will maintain the documents with the PIC and make them available for inspection. EquivalentLevelof Safety In an FAA Office ofChiefCounsel's Opinion datedAugust 8, 2014, andprepared 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 ifthe pilot ofthe unmanned aircraft has access to the UAS flight manual, registration certificate, and otherrequired documents from the ground control station from which he or she is operating the aircraft.14 As this FAA Office ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilothas access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring that the pilothas 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: PreflightAction Estate Photo seeks an exemption from 14 CF.R. 

### §91.103, which requires aPIC 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 conductthe flight, an exemption is requested to the extentthat an FAA-approved FlightManual is required.
14 Memorandum from Mark Bury, FAAAssistant ChiefCounsel for International Law, Legislation and Regulation, to John Dunc!lll, FAAFlight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.

### Nov.28. 2015 3:08PM U.S DepartmentofTransportation November 13, 2015 Page 

### 16 EquivalentLevelof Safety 

### No.3477 P. 16

An equivalent level ofsafety will be providedby following the Estate Photo's Operations Manuals and the Manufacturer's ManuaL The PIC will perfonn a series ofchecklists designed to identity any defects orinoperable components in accordance with the Estate Photo's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flightprocedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UAperfonnance 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): FlightInstruction Estate Photo seeks an exemption from 14 C.F.R. § 91.109(a), which provides inpertinentpart that "[n]o person may operate a civil aircraft (except amatJ.lled free balloon) that is being used for flight instruction unless that aircrafthas 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 ofa device that communicates with the aircraft viaradio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. §91.109(a). 

### EquivalentLevelof Safety Given the size and speed ofthe UASs that Estate Photo intends to use, an equivalent level ofsafe training can still be perfonned without dual controls because no pilot orpassengers are aboard the UAS, and as requiredby 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 willbe conducted in controlled and sterile environment. As awhole, the safety procedures provided for in Estate Photo's Operations Manuals ensure that the proposed UAS operations provide an equivalent orhigher level ofsafety than that provided by the flight instruction regulations.
J. 14 C.F.R. § 91.119(c): Minimum SafeAltitudes 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 helicopterto operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty on the surface," provided that "eachperson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

15 Relieffrom §9!.ll9(a)will notbe necessary because Petitionerwillbe able to perfonn an emergency landing withoutundue hazard to persons or property on the ground in the event ofafailure. Petitioner's proposedUAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will notbe necessary. See e.g., Grant ofExemptionNo. 11157 to Slugwear, Inc., dba Like on atree 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 feetAGL, the EP-UAS will notbe operatedmore than 100 feet above the highestpoint on the structure, and within 50 feet horizontally ofthe structure. Additionally, due the nature ofthe proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the EP-UAS. 

### EquivalentLevel of Safety Compared to flight operations with rotorcraft weighing far more than the maximum weights proposedherein, and given the lack offlanunable 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 ofsafety will be achieved given the size, weight, and speed ofthe EP-UASs, as well as the controlled location where the operations will occur. In orderto avoid any risk to manned aircraft, flight operations will be restricted to 400 feetAGL orbelow, or when inspecting aU.S. structure whose height exceeds 400 feetAGL, within 100 feet above the highestpoint on that structure and SO feet horizontally ofthe structure. As set forth in the Operations Manuals, the EP-UAS will be operated in arestricted area, and a!l flights will be operated at alateral distance ofat least 500 feet from any nonparticipating persons, unless that person is in aposition 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 ifanonparticipating person within 500 feet ofthe EP-UAS leaves a shieldedposition. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controllertimely has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per §91.119(a). Adherenceto 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 aperson operating an aircraft to maintain cruising altitude or flight level by reference to an altimeterthat is setto the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extent that the UASs do not have abarometric altimeter, butrather a GPS altitude read out.

16 See e.g., Grant ofExemptionNo. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "!£barriers or structures are present that can sufficientlyprotect nonparticipating persons from the UA or debris inthe event ofan accident, then the UAmay operate closerthan 500 feet to persons afforded such protection. The operator must also ensure that nonparticipatil11! persons remain under such protection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet ofthe UA, flight operations must cease ill1Illediately. When considering how to immediately cease operations, theprimazy concern is the safety ofthose nonparticipating persons. In addition, the FAAfinds that operations maybe conducted closerthan 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or stnlctures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closerto those objects and detennines thatit does not present an undue hazard."

### Nov. 28. 2015 3:13PM U.S Department ofTransportation November 13,2015 Page 18 

### Equivalent Level of Safety 

### No. 3477 P. 18

The FAAhas stated that an equivalent level ofsafety 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) withinVLOS, (3) where GPS based altitude information is relayed in real time to 

### the operator at a ground-based on-screen display and, ( 4) where priorto each flight, azero altitude initiation point is established for the PIC to confirm accuracy ofthe onboard GPS.18 The EP-UAS that Estate Photo intends to use for theproposed 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 priorto each flight operation. Like prior FAA Section 333 Grants ofExemption, the EP-UAS Estate Photo intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level ofsafety or greater level will be achieved, and a Grant ofExemptionto 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 aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended 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 powermeans 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 intentionto 

### fly the EP-UASs at night. 

### EquivalentLevel of Safety In the Grant ofExemption to VDOS (Exemption No. 11112), the FAAdet=inedthat an equivalent level ofsafety to the fuel requirements for flight inVFR conditions could be achieved by prohibiting the PIC from beginning aEP·UAS flight unless (considering wind and forecast weather conditions) there was enough powerto fly to the first intended point oflanding and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAAconsidered that the UAS batteries for the EP-UAS provide approximately 50 minutes ofpowered flight (with payload) and provided battery level aJ::tdbattery time remaining in minutes and seconds to the PIC.19 The FAA also considered the fact the EP-UAS
17 Ifthe height ofthe structure being inspected exceeds 400 feet AGL, the LIAS will not be operated more than I00 feet above the highestpoint on the structure. 

### 18 See Grant ofExemption No. 11062 to Astraeus Aerial (l'AA-2014-0352 at 21).

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### 13,2015 Page 

### 19 

### No. 3477 P. 19

operating manual states: "start every flight with a

### fully chargedbattery in the aerial vehicle", and that in the eventthatthe EP-UAS should run low onpower, the PIC will be alerted and can safely land the- EP-UAS as soon as possible. Like the VDOS Grant ofExemption, Estate Photo's use ofthe EP-UAS, combined with the requirements ofPetitioner's Operations Manuals, ensure that an equivalentlevel ofsafety can be achieved and in fact exceeded. Similarly, in the Grant ofExemption to Alan Pmwin (Exemption No. 11161), the FAA determined that an equivalent level ofsafety to the fuel requirements for flight in VFR conditions couldbe achievedby prohibiting the PIC from begirming a flight with the UAunless (considering wind and forecast weather conditions), there was enough powerto safely fly at normal cruising speed to the intended landing point and land the UAwith 

### 25% battery power remaining. Estate Photo will adhere to this limitation for its EP-UAS flights. · The EP-UAS includes alow battery warning system and the amount ofbattery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from the EP-UAS to aground-based-on-screen display.20 As requiredbyEstate Photo's Operations Manuals, the PIC will promptly fly the EP-UAS backto the home launch location orpredetermined abort location where itmay safely land, while still maintaining aminimum of25% reserve batterypower. 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 aUAS weighing less than 55 pounds, and withinVLOS ofthe PIC and Observer(s), ensure that the proposed operation will provide an equivalent orhigher level ofsafety to the public to that providedby the regulations from which exemption is sought. 

### VI. DRUGANDALCOHOL PROGRAM Estate Photo will have policies in place to ensure that no person may participate in EP-UASs flight operations ifthey are underthe influence ofalcohol or any drug. 

### VII. PUBLIC INTEREST The public interest will be servedby granting Estate Photo's Petition for Exemption. Congress has established anational 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) ofthe Reform Act-theFAAAdministrator's assessment ofwhether certain UAS may operate safely in the NAS before completion ofthe statutorily requiredrulemaking. The proposed EP-UAS operations in this Petition for Exemption significantly in1proves the safety andreduces risk ofharm, physical injury and property damage to the public at large, the

19. Grant ofEJ(emptionNo. 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, calculatedtargetposition, date/time, and sensorheading and orientationrelative to the UAS.

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### Page 20 

### No. 3477 P. 20

property owners from whom permission was granted for use by Petitioner and abutting properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods ofinspecting and monitoringpotential 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 neithertrained nor equipped to perform, which exposes them to unnecessary 

### risk ofserious 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 otherhazards associated with identifYing specific locations for potential recording sites to be used in the endproduct. The use ofsmall UASs can eliminate these hazards and ultimately create amuch safermethod of performing these types ofinspections creating a safer environment for the public as well as Estate Photo employees. The use ofsmall UAS also enhances safety and reduces riskto the surrounding public because, unlike manned aircraft weighing thousands ofpounds, 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 batterypoweredEP-UAS presents significantly less danger to persons on the ground when comparedto operations by conventional manned aircraft.21 As Petitioner's EP-UAS are battery powered, the public will also benefit from areduction in harmful petroleumbased emissions associated with conventional aircraftperforming in the 

### same functions proposed herein. Air quality will naturally be improved with the reduction offuel powered vehicles. Lastly, as recognizedby 

### the FAA in prior Section 

### 333 Grants ofExemption to filmmakers, UASs provide an additional economic tool for the 

### aerial filming notwithstanding the industry, adding a 

### greater degree offlexibility, which supplements the current capabilities offered by manned aircraft22 The quality ofthe finished product 

### is enhanced and provides agreater finished product demand which will aid the current UAS industry and provide additionaljobs as the cost ofproviding 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 andwill continue to increase given the enhanced flexibility ofproduction; 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 ofExemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Mannedhelicopters conducting aerial filming can weigh 6,000 pounds or more and are operatedby an onboardpilot, in addition to other onboard crewmembers, as necessary. The petitioner's UAS will weigh less than 55 pounds with no onboardpilot or crew. The pilot and crew willbe remotely located from the aircraft. The limitedweight significantlyreduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. Risk to an onboard pilot and crew during an.incident or accident is eliminated "l'ith the use ofaUA

### for the aerial filming operation." 22 See e.g., Grant ofExemptionNo. 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 overprivate 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 Pursuantto 14 C.P.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should itbe determined that publication is needed: Petitioner seeks an exemption from the following 

### rules in Title 14 ofthe Code ofFederal 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 equivalentfilm 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 ofthe Reform Act of2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operation withinVLOS and national security. The proposed EP-UAS operations will benefit the public as awhole by improving safety and reducing riskby alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. Inconsideration ofthe foregoing, this Petition for Exemption provides the 

### FAAwith more than adequatejustificationfor granting the requested exemptions allowing Estate Photo to use small EP-UAS sinthe recorded production ofits product. We thank you for your prompt consideration ofourrequested exemptions. Respectfully Submitted,



# P(fik~ 

# 1

Pouria Safabak:hsh Real Estate Photo Co. 

### 15333 Culver Dr#340-212 Irvine, CA92604 Phone: 949.899.0061: Email: realestatephotoco@gmail.com (The following attached items containproprietary 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:

### Nov. 28. 2015 3:21PM U.S 

### Department ofTransportation November 13, 2015 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. TransmitterProtocols 8. Preflight Checklist 9. PostFlight Checklist 10. Equipment Checklist 11. UAS Manufacturer's Manuals a. User Manuals b. UAS Maintenance Manuals 

### No. 3477 P. 22