November 28, 2014

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform

Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R.

61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1);

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

Dear Sir or Madam:

MSWLF (Municipal Solid Waste Landfills) provide a valuable

resource to the community in which they serve. However, it is also an

inherently hazardous environment. During normal landfill operations

workers are exposed to potentially hazardous contaminants such as

methane, dust, bacteria, bio­aerosa, coliforms, fecal streptococci,

carbon dioxide, ammonia, hydrogen sulfide, microorganisms, and

fungal spores, as well as various volatile organic compounds not

listed.

MSWLF (Municipal Solid Waste Landfills) is a dynamic ever

changing environment. Heavy equipment operators and other MSWLF

employees are at risk for bodily injury due to unforeseen terrain

changes due to the mass movement of waste.

Regularly scheduled aerial surveys / inspections can assist the

MSWLF operator in tracking compaction rates and remaining void

space. Aerial surveys / inspections can also be used to provide a

basis for environmental impact studies, historical pictorial records, and

accident documentation.

The premature closure, or operational suspension of a MSWLF has

a significant impact on local municipalities, cities and states in which

they operate. Additionally the planning, building and operating a new

landfill is not inexpensive or an easy task. As the amount of waste
accumulates in current landfills, the MSWLF operator must be able to

maximize the usage of their MSWLF.

Current inspection methods include manned aerial and land survey

operations. The expense of both procedures can be significant. The

most accurate MSWLF survey / inspection methodology employs the

use of manned aircraft. Manned aerial surveys / inspections are also

the most expensive. Land survey operations of MSWLF is less

accurate and exposes those individuals to the hazards associated with

MSWLF.

Safe flight UAS operations can provide the MSWLF operator an

economical means of obtaining valuable information that can be used

to improve safety and efficiency at MSWLF's.

By increasing the frequency of MSWLF data sets, MSWLF

operators can efficiently manage day to day operations. Additionally,

having updated image maps can aid first responders in case of fire,

accidents or other situations in which emergency crew members must

respond.

Sydor Aerial Photography LLC Petitions the Federal Aviation

Administration to conduct UAS flights over MSWLF's. UAS flights will

be used to capture aerial photos for the purpose of providing the

MSWLF operator with orthomosaics (image maps). The image maps

can in turn be used to compute volume, create 3D models, profile and

contour lines, and 3D visualizations of MSWLF's.

Post flight editing of orthomosaics will ensure that images captured

are only of the MSWLF operating theatre.

Sydor Aerial Photography LLC specializes in the gathering and

post processing of image maps. Our experience in sUAS operations

and project completion gives us the expertise to conduct safe­flight
sUAS operations. Sydor Aerial Photography LLC takes a planned

tactical approach to data gathering by optimizing and reviewing the

most efficient flight plan. This knowledge base has come through

years of piloting, maintaining, and repairing sUAS.

Pursuant to Section 333 of the FAA Modernization and Reform Act

of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Sydor Aerial

Photography LLC petitions the FAA to allow safe flight operation of its

sUAS for the purpose of conducting aerial photography and

videography of active and closed MSWLF’s. Sydor Aerial Photography

LLC hereby applies for an exemption from the listed Federal Aviation

Regulations (FARs) to allow commercial operation of its sUASs, so

long as such operations are conducted within and under the

conditions outlined herein or as may be established by the FAA in an

exemption granted under either Section 333 or Section 49 U.S.C. §

44701(f).

Sydor Aerial Photography LLC has set forth conditions that are

consistent with the equivalent level of safety set forth in Exemption

11062 and the related exemptions issued to sUAS companies for

scripted closed set filming for the motion picture and television

industry.

As described more fully below, the requested exemption would

permit the operation of small, unmanned and relatively inexpensive

sUAS under controlled conditions in airspace that is 1) limited, 2)

predetermined, 3) controlled as to access, and 4) would provide safety

enhancements to the already safe operations in the fields in which it

will operate, presently using manned aircraft or ground inspection

survey teams. The later places personnel at increased risk of bodily
injury and airborne contaminants. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation’s

(the FAA Administrator’s) responsibilities to “...establish requirements

for the safe operation of such aircraft systems in the national airspace

system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Sydor Aerial Photography, LLC

1046 Autumn Lakes Circle, 3B

Mishawaka, IN 46544

Attn: Anthony Sydor, CEO
Regulations from which the exemption is requested:

14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.119(c)

14 C.F.R. 91.151(a)

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

14 C.F.R. 417(a) & (b)

This exemption application is expressly submitted to fulfill

Congress’ goal in passing Section 333(a) through (c) of the Reform

Act. This law directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the

national airspace system (NAS) before completion of the rulemaking

required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose

a threat to national security in light of the following:

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

• Operation of the UAS in close proximity to airports and

populated areas; and

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

operator.

Reform Act § 333(b). Lastly, if the Secretary determines that such

vehicles “may operate safely in the national airspace system, the

Secretary shall establish requirements for the safe operation of such

aircraft in the national airspace system.” Id. at § 333(c)

The Federal Aviation Act, in addition to the authority granted by

Section 333 of Reform 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 Section 40101 of

the Act, which includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a

regulation prescribed under subsection (a) or (b) of Section 333 or any

Sections 44702­44716 of the Transportation Act if the Administrator

finds the exemption in the public interest. 49 U.S.C. § 44701(f). See

also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. §

91.203(a)(1). This authority to grant exemptions reaches such issues

as authorization of commercial operation of aircraft without a pilot’s

license.
Sydor Aerial Photography LLC is a 100% veteran owned company

that specializes in the gathering of aerial photos for the purpose of

rendering survey grade orthomosaics or image maps with small

UAS's. Based upon the spirit of Section 333, and the continuing

integration of small UAS's into the NAS, Sydor Aerial Photography

LLC has limited its petition to inspection and surveying of active and

closed MSWLF.

Sydor Aerial Photography LLC operates a multirotor UAS

(quadcopter) weighing 1160g with payload. Maximum manufacturer’s

safe flight speed is less than 15m/s. Sydor Aerial Photography LLC

will not exceed 10m/s during UAS operation.

UA will not exceed 400 ft (AGL) and will only be operated within line

of sight of the PIC and VO.

UAS flights will only be performed over MSWLFs and only with

written permission by the MSWLF operator or governing body

overseeing the operation and safety of the MSWLF.

Sydor Aerial Photography LLC submits “UAS safe flight operations

manual”, as it pertains to MSWLF UAS operations as Exhibit A.

Sydor Aerial Photography LLC submits the “UAS manufacturer

flight and operational manual” as Exhibit B.

Operational compliance of Exhibit A and B shall insure safe flight

operations within the MSWLF theatre. Compliance outlined in Exhibit

A and B shall also insure safe flight UAS operations within the NAS.

Sydor Aerial Photography LLC proposes to operate a small UAS

within the sterile confines of active and closed landfills for the purpose

of creating 2D and 3D orthomosaics or image mapping. The

completed orthomosaic will be survey grade quality. The ability to

create accurate aerial survey maps with a UAS does not require the
UAS to operate at a height greater than 400 ft (AGL) from the highest

point of the landfill. Survey grade aerial maps from a UAS are best

achieved at a height between 100­250 ft (AGL) from the highest point

of the landfill. UAS operations will not be operated outside of the PIC

(Pilot in Charge) and the VO (visual observer) line of sight.

Given the height required for the UAS operation, as it relates to

inspection and surveying active and closed landfills, and the mostly

rural environment that MSWLF operate in, Sydor Aerial Photography

LLC proposes that its UAS operation will have no adverse affect on

the National Airspace (NAS).

Employees at municipal solid waste landfills (MSWLF) must

comply with OSHA (Occupational Health and Safety Act) standards

and practices. This includes wearing proper PPE (Personal Protective

Equipment). PPE includes, but is not limited to hardhats, gloves,

protective eyewear, reflective vest. Given the sparse population within

the MSWLF and the current safety regulations, Sydor Aerial

Photography LLC proposes that UAS operations over MSWLF’s

should be considered “safe­flight”.

Due to the restricted UAS operating area and nature of MSWLF’s,

damage to property is considered minimal. In the event that personal

property is damaged by the UAS operation, Sydor Aerial Photography

LLC will hold insurance coverage that covers any damage that may

occur.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Sydor Aerial Photography LLC proposes that the exemption requested

herein apply to civil aircraft that have the characteristics and that

operate with the limitations listed herein. These limitations provide for
an equivalent or even higher level of safety to operations under the

current regulatory structure because the proposed operations

represent a safety enhancement to the operations normally conducted

with manned aircraft.

These limitations and conditions to which Sydor Aerial Photography

LLC agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The UAS must weigh less than 25 lbs., including battery and

camera. Operations will be limited to the aircraft described in

Exhibit B

2. The UA may not be flown faster than recommended by the

manufacturer. Sydor Aerial Photography LLC will not operate the

UA faster than 10m/s.

3. UAS operations will be conducted below 400 ft above ground

level (AGL). The height of the UA will not exceed 400 ft (AGL).

4. The UAS will be operated within visual line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human

vision unaided by any device other than corrective lenses, as

specified on the PIC’s FAA issued third­class medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be

used to satisfy the VLOS requirement, as long as the PIC always

maintains VLOS capability. The VO and PIC must be able to

communicate verbally at all times.

6. The operator will be bound by and follow Exhibits A & B. Any

additional requirements identified in the final conditions for this

exemption will be added to Exhibits A & B . Exhibits A & B will be

maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and

limitations in the final exemption and the procedures outlined in

Exhibits A & B, the conditions and limitations of the exception will
take precedence and will be followed. Otherwise, the operator

will follow the procedures as outlined in Exhibits A & B.

7. The operator will update or revise its Exhibits A & B. It will be the

operator’s responsibility to track such revisions and present

updated and revised documents to the Administrator upon

request. The operator will also present updated and revised

documents if it petitions for extension or amendment. If the

operator determines that any update or revision would affect the

basis for which the FAA granted this exemption, then the

operator will petition for amendment to their exemption. The

operator will contact the FAA’s UAS Integration Office (AFS­80)

with questions that may arise regarding updates or revisions to

Exhibits A & B.

8. Prior to each flight the PIC will inspect the UAS to ensure it is in

safe flight condition. The procedures for pre­flight inspection and

functional viability of all UAS components is outlined in Exhibit A

& B

9. Any UAS that has undergone maintenance or alterations that

affect the UAS operation or flight characteristics, e.g.,

replacement of a flight critical component, must undergo two

functional tests outlined in Exhibit C. The PIC who conducts the

functional tests will make an entry into the sUAS maintenance

record. Specific procedures for the sUAS functional tests is

submitted as Exhibit C.

10. The operator will comply with the manufacturer's

recommendations pertaining to maintenance, inspection and

replacement of UAS components. The maintenance manual,

submitted as Exhibit C, outlines these components.

11. The PIC will have at least a current private pilot certificate and a

current third­class medical certificate. 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/her pilot certificate.

12. Prior to operations conducted for the purpose of gathering aerial

data, the PIC will have accumulated and logged, in a manner

consistent with 14 C.F.R. § 61.51(b), a minimum of 300 flight

cycles and 30 hours of total time as a UAS multirotor aircraft

pilot and at least 20 hours logged as a UAS pilot with a similar

UAS type. Prior documented flight experience that was obtained

in compliance with applicable regulations will be used to satisfy

this requirement. Training, proficiency, and experience­building

flights may also be conducted under this grant of exemption to

accomplish the required flight cycles and flight time. During

training, proficiency, and experience­building flights, all persons

not essential for flight operations will be considered

non­participants, and the PIC will operate the UA with

appropriate distance from non­participants in accordance with 14

C.F.R. § 91.119.

13. Prior to any UAS operations by a grant of exemption the PIC and

VO will have completed a qualification process outlined in Exhibit

D. Exhibit D includes basic flight maneuvers, skilled flight

maneuvers, advanced flight maneuvers, and emergency

procedures. The qualifying process outlined in Exhibit D will be

implemented by a qualified person designated by the operator.

Upon request the record of qualifying completion will be made

available to the administrator.

14. Prior to operations conducted for the purpose of gathering aerial

data, a flight demonstration, administered by an

operator­approved and qualified pilot will be successfully

completed and documented. This documentation will be

available for review upon request by the Administrator. Because

the knowledge and airmanship test qualifications will be

developed by the operator, and there are no established

practical test standards that support a jurisdictional FAA Flight
Standards District Office (FSDO) evaluation and approval of

company designated examiners, the Operator will conduct these

tests In accordance with Exhibit D.

15. The UAS will not be operated directly over any person, except

authorized and consenting personnel necessary for the purpose,

below an altitude that is hazardous to persons or property on the

surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, Exhibit A

establishes safety mitigations for authorized and consenting

personnel. At all times, those persons must be essential to the

sUAS operation.

17. Regarding distance from non­participating persons, the operator

will ensure that no persons are allowed within 500 ft of the area

except those consenting to be involved and necessary for the

sUAS operation.

18. If the UAS loses communications or loses its Global Positioning

System (GPS) signal, the UAS will be programmed to return to a

pre­determined location within the security perimeter and land or

be recovered in accordance with the Exhibit A&B.

19. The UAS will abort the flight in the event of unpredicted obstacles

or emergencies in accordance with the Exihbit A&B

20. Each UAS operation will be completed within 20 minutes of flight

time or with 30% battery power remaining, whichever occurs

first.

21. The operator will obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting

any operations under an exemption. The operator will request a

Notice to Airman not more than 72 hours in advance, but not less

than 48 hours prior to the operation.
22. All aircraft operated in accordance with this exemption will be

identified by serial number, registered in accordance with 14

C.F.R. Part 47, and have identification (N­ Number) markings in

accordance with 14 C.F.R. Part 45, subpt.C. Markings will be as

large as practicable.

23. The operator will develop procedures to document and maintain

a record of the UAS maintenance, preventative maintenance,

alterations, status of replacement/overhaul component parts, and

the total time in service of the UAS. These procedures will be

added to Exhibit C.

24. Each UAS operated under this exemption will comply with all

manufacturer safety bulletins, firmware, software updates and

will be documented and updated in Exhibit A & B.

25. Before conducting operations, the radio frequency spectrum

used for operation and control of the UA will comply with the

Federal Communications Commission (FCC).

A) Radio Control Model No. PVT 581. FCC ID: 553­201309581

B) Range Extender Model No. RE 500. FCC ID: SS3­

RE500130

26. The documents required under 14 C.F.R. §§ 91.9 and 91.203 will

be available to the PIC at the ground control station of the UAS

any time the aircraft is operating. These documents will be made

available to the administrator, or governing body upon request.

27. The UAS will 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.).
28. UAS operations will not be conducted during night, as defined in

14 C.F.R. § 1.1. Operations will only be conducted under visual

meteorological conditions (VMC).

29. The UAS will not be operated by the PIC from any moving device

or vehicle.

30. The UA will not be operated less than 500 ft below or less than

2,000 ft horizontally from a cloud or when visibility is less than 3

statute miles.

31. The UA will not operate in Class B, C, or D airspace without

written approval from the FAA. The UA will not operate within 5

nautical miles of the geographic center of a non­towered airport

as denoted on a current FAA­published 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 operator’s COA. The letter of agreement with the

airport management will be made available to the Administrator

upon request.

32. Incidents, accidents or flight operation that transgresses the

lateral or vertical boundaries of the operational area as defined

by the applicable COA will be reported to the Federal Aviation

Administration’s (FAA) UAS Integration Office (AFS­80) within 24

hours. Accidents will be reported to the National Transportation

Safety Board (NTSB) per instructions contained on the NTSB

web site: www.ntsb.gov. Further flight operations will not be

conducted until the incident or accident is reviewed by AFS­80

and authorization to resume operations is provided.
14 C.F.R. § 61.113(a) & (b): Private Pilot Privileges and Limitations:

Pilot in Command

Sections 61.113(a) & (b) limit private pilots to non­commercial

operations. Because the UAS will not carry a pilot or passengers, the

proposed operations can achieve the same level of safety of current

operations by requiring the PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license in order to

safely operate sUAS. As outlined in Exhibit A, all sUAS operations are

carefully pre­planned flights with written approval of MSWLFs

operating agents prior to any operations. The level of safety provided

by the requirements included in Exhibits A & B exceeds that provided

by a single person holding a commercial pilot’s certificate operating a

manned aircraft. The risks associated with the sUAS operation within

the operational area are so diminished from the level of risk

associated with commercial operations contemplated by Part 61 that

allowing operations of the sUAS as requested with a private pilot as

the PIC meets and exceeds the present level of safety achieved by 14

C.F.R. § 61.113(a) & (b).

The FAA has granted exemptions for private pilots to conduct similar

operations in Exemptions 11062 through 11067 and 11080.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 sets forth safe altitudes for operation of civil aircraft.

Section 91.119(c) allows helicopters to be operated at less than the

minimums prescribed, providing that the person operating the

helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a sUAS that is similar

to a helicopter, and the exemption requests authority to operate at

altitudes up to 400 ft AGL, an exemption will be needed to allow

operations. Because the aerial data sets do not require flights greater

than 400 ft (AGL), Sydor Aerial Photography LLC will not operate the

UA at or greater than 400 ft (AGL).
The FAA has previously granted exemptions to conduct similar

operations in Exemptions 11062 through 11067 and 11080.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an

airplane under VFR conditions unless (considering wind and forecast

weather conditions) there is enough fuel to fly to the first 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.”

The 5200mAh lithium polymer smart battery powering the sUAS

provides approximately 25 minutes of flight. In order to meet the

30­minute reserve requirement in 14 C.F.R. § 91.151, the sUAS

flights would not be able to operate. Given the powered flight

limitations of the sUAS within the restricted flight area of MSWLFs, a

longer time frame for flight is reasonable.

Sydor Aerial Photography LLC believes that an exemption from 14

C.F.R. § 91.151(a) falls within the scope of prior approved

exemptions. Ex. Exemption 10673. Flight operations via the sUAS

within the controlled MSWLF operational area with less than 30

minutes of reserve fuel, does not apply to the original intent of Section

91.151 (a), given the sUAS size and speed.

Sydor Aerial Photography LLC believes that an equal level of safety

can be achieved by limiting flights to 20 minutes or 30% of battery

power whichever occurs first. Limiting sUAS flights to 20 minutes or

30% battery power allows the PIC adequate time to return the UA to

its pre­determined home landing position.

Similar exemptions have been approved for other sUAS operations,

including Exemptions 2689F, 5745, 10673, 10808 and Exemptions

11062 through 11067 and 11080.
14 C.F.R. § 91.405 (a); 407(a)(1); 409(a)(2); 417(a) & (b):

Maintenance Inspections

These regulations require that an aircraft operator or owner “shall

have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph

(c) of this section, have discrepancies repaired as prescribed in Part

43 of this chapter...,” and others shall inspect or maintain the aircraft

in compliance with Part 43.

The above mentioned sections and Part 43 apply only to aircraft with

an airworthiness certificate, therefore these sections do not apply to

Sydor Aerial Photography LLC. Operational maintenance will be

performed as outlined in Exhibit C. Due to the size of the UA and its

camera an equal level of safety will be achieved. In the event of

mechanical issues, during flight operations, the UA can be safely

landed. Refer to Exhibit B failsafe procedures. As provided in Exhibits

A and B the operator will ensure that the sUAS is in working order

before the start of any sUAS operations. In addition, the PIC will

perform required maintenance, and keep a log of any maintenance

performed. Since the operator is the person most familiar with the

entire sUAS best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety. As outlined in

Exhibit C annual inspection, maintenance will be performed by an

independent third party not affiliated with Sydor Aerial Photography

LLC.

The FAA has granted exemptions for similar operations in Exemptions

11062 through 11067 and 11080.
To satisfy 14 C.F.R. Part 11, the following summary is provided for

publication in the Federal Register.

Sydor Aerial Photography LLC seeks an exemption from the following

rules:

14 C.F.R. §§ 61.113(a) & (b); 91.119(c); 91.151(a); 91.405(a);

91.407(a) (1); 91.409(a)(2); and 91.417(a) & (b)

Sydor Aerial Photography LLC seeks approval, of the before

mentioned exceptions, in order to commercially operate sUAS for the

purpose of image mapping of active and closed MSWLF (Municipal

Solid Waste Landfills).

Sydor Aerial Photography LLC Is a veteran owned sUAS company

specializing in the gathering and post processing of aerial images for

the purpose of creating survey grade orthomosaics. The sUAS are

under 55 lbs and operate below 400 ft above AGL. In the spirit of

Section 333, Sydor Aerial Photography LLC has limited its operating

theatre to MSWLFs. Given the rural and sterile environment in which

MSWLFs operate, safe flight sUAS operations can be accomplished.

Current surveying methods of MSWLFs include manned aircraft

missions and/or ground survey teams. The integration of sUAS can

dramatically reduce the cost of current data gathering methods.

Additionally, the use of sUAS increases the safety of current data

gathering methods by limiting the personal required to enter the

MSWLFs thereby limiting those individuals to the hazards associated

with mass movement of solid waste.

Sydor Aerial Photography LLC believes it's petition for exception

satisfies the criteria provided in Section 333 of the Reform Act of 2012

(size, weight, speed, operating capabilities, proximity to airports and

populated areas, operation within visual line of sight, and national

security) provide adequate justification for the grant of the requested
exemptions allowing commercial operation of sUAS for the purpose of

aerial data gathering over MSWLFs.

Sydor Aerial Photography LLC further believes that it's petition for

exception exceeds the level of safety established in the exemptions

already granted, including Exemptions 11062 through 11067 and

11080.

Sincerely,

Anthony Sydor