September 10

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Imagination Technologies, LLC f or an Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Ac t of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Imagination Technologies, LLC (“ Imagination Technologies ”) hereby applies for an exemption fro m the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f providing aerial digital photography and videography for mapping

duri ng construction and design phase for real estate and construction industries as well as inspection for wireless towers.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Imaginat ion Technologies 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 1 ( Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Imagination Technologies submits these supporting materials as confidential documents pursuant

to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary

information that Imagination Technologies has not and wil l not share with other requesting parties. Additionally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

For your convenience, this Petition is organized as follows:

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limite d to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of T ransportation September 10 , 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. A erial D igital P hotography and V ideography for M apping and Inspection Services

III. Relevant Statutory Authority

IV. Imagination Tech nologies’ 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)(1)

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

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

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) 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

Limita tions

F. 14 C.F.R. § 91.7(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.F.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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

Imagination Technologies , is based in Flint MI and the purpose o f providing aerial digital photography and videography for mapping during construction and design phase f or real estate and construction industries as well as inspection for wireless towers.

. The Company’s Principal

and Chief Pilot Jason T. Gooding has been flying UAV Quadcopters as a hobby for more than

four years without incident, spen d ing thousands of hour s flying

.U.S Department of T ransportation September 10 , 2015 Page 3

Upon the grant of the 333 Exemption the Company’s business will specialize in photo g raphy and videography mapping and geospatial services for their client base

.

Imagination Technologies’ staff are well trained and experienced in providing su pport 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 Imagination Technologies is of the highest quality gear and ha s been able to provide these services safely a nd without any claims or incident

. Imagination Technologies’ goal is to advise the perspective client that Imagination Technologies 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.

Imagination Technologies seeks an exemption to allow for photography, videography and other

related media products. The contact information for Petitioner is as follows:

Jason T. Gooding Imagination Technologies, LLC

4100 Minnetonka Dr. Linden, MI 48451

Phone: (8 10 ) 771.8861

Email: jgooding@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Imagination Technologies seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Phantom 2, DJI F550 , DJI Phantom 3 and DJI Inspire (referred to IT

- UAS ) (under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property where Imagination Technologies 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 Imagination Technologies’ Oper ations Manuals. As detailed in Imagination Technologies’ Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 mm away fr om an airport reference point

. Moreover, Imagination Technologies’ Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. A erial D igital Photography and Videography for Mapping and Inspection

Services

Imagination Technologies seeks to use small IT

- UAS for the purpose of conducting aerial photography, video g raphy, mapping and surveying services for their client base

. Imagination

Tec hnologies has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the real estate indu s try, including :U.S Department of T ransportation September 10 , 2015 Page 4

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherma n (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )

All UAS real estate photography and videography operations will occur on private property 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, Imagina tion Technologies’ operations provide an equivalent level of safety

which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS real estate video production is also safer than traditional manned aircraft perfor m ing the same function. Videographer

- inspectors also frequently need to climb roof

tops , trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls, ele c trocution or other work related injuries . In addition, dependin g 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

cond i tions . The use of CS

- UAS s mitigates th ese hazards and is ultimately a much safer and

cost e f ficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorcraft and fixed

- 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 fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of

small UAS in thi s 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 co nsumers an inexpensive product

.

UAS real estate 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 pursuant to Section 33 3(a) through (c) of the FAA Modernization and Reform Act of 2012 ("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 Refor m Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations: ● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.U.S Department of T ransportation September 10 , 2015 Page 5

Additionally, the FAA Administrator has gener al 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 Administrator); 49 U.S.C. § 44 701(f) (permitting exemptions from §§ 44701(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 wo uld provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. IMAGINATION TECHNOLOGIES’ PROPOSED IT

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small IT

- UAS operati ons proposed by Imagination Technologies as noted above in this

Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Bas ed on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The IT

- UAS utilize d by Imagination Technologies ha s been approv ed for use in prior Section 333 Grants of Exemption from the FAA. 2

 The IT

- UAS weigh s less th an 55 pounds, including payload

 The IT

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

 Altitude information will be generated by equipm ent onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The IT

- UAS will have system redundan cies 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 UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the IT

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the IT

- UAS is 2.4 GHz frequency bands.

2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138) ; Grant of Exempti on to Alon Sicherman (Exemption No. 11728) ; Grant of Exemption to Sokoler Medly (Exemption No. 11341)

.U.S Department of T ransportation September 10 , 2015 Page 6

If the same 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 IT

- UAS and a helicopter significantly redu ces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warra nted Based on the Operational Restrictions Set Forth in Imagination Technologies’ Operations Manuals

Operations Manuals and the Manufacturer's Manual for the selected IT

- UAS will contain all the procedures and limitations necessary to safely and successf ully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Imagination Technologies’ proposed operations, below is a summary of operational limitations and conditions

that Imagination Technologi es will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The IT

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlle d

- 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 UASs operated u nder the Grant of Exemption 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 CS

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess at least a Sport or Private Pilot's Certif icate shall possess at least a

current Class III Medical Certificate and/or a valid and current driver’s license issued

within the United States . 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.

6. The IT

- 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 c ertificate.

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.U.S Department of T ransportation September 10 , 2015 Page 7

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

the Imagination Technologies’ 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 Exempti on and Imagination Technologies’ Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Imagination Technologies shall follow the procedures outlined in their Operations

Manuals.

10. Imagination Technologies 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. Imagination Technologies will also present an updated and revised Operati ons Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would a f fect the basis upon which the FAA grants the exemption, Imagination Technologies will seek an amendment to its Grant of Exemption. Imaginatio n Technologies will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating documents.

11. Imagination Technologies Operations Manuals and its Grant of Exemption will be

available to the PIC at the ground control station anytime the IT

- UAS is operating.

12. The PIC is prohibited from beginning an IT

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming norm al cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the IT

- 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 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structur e being inspected exceeds 400 feet AGL, the UAS 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 nonp articipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in th e 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 immediat ely and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permissionU.S Department of T ransportation September 10 , 2015 Page 8

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

those objects a nd determined 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 § 91.119(a).

16. The IT

- 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 IT

- 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 Imagination Technologies COA. The letter of agreement with the airport management will be made available to the Administr ator
upon request.

18. Prior to each flight the PIC shall inspect the CS

- UAS s to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already cove red in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any CS

- UAS s if the inspection reveals a condition that affects the safe operation of the IT

- UAS until the necessary maintenance has been perform ed and the

IT

- UAS is found to be in a condition for 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 Imagination Technolo gies’ Operations Manuals.

19. Imagination Technologies 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 IT

- UAS r ecords, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the IT

- UAS to service.

20. Any IT

- UAS that has 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 Imagination Technologies’ Operations Manuals. The PIC who conducts the functional test flight must make an entry in t he UAS aircraft records of the flight. The requirements and procedures for a functional test flight and IT

- UAS record entry shall be included in

the Imagination Technologies’ Operations Manuals.

21. The IT

- 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 Imagination Technologies’ Operations Manuals.

23. Imagination T

echnologies will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior toU.S Department of T ransportation September 10 , 2015 Page 9

conducting any operations under this Grant of Exemption. A NOTAM will be issued

as required by the COA. All operat ions 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 IT

- 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 terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The IT

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emerg encies.

28. PICs and Observers will have at least a curren t 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,

i n a manner consistent with 14 CFR § 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

p i lot with a similar IT

- UAS type platform

. This requirement can be achieved by flights cond ucted 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 § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of IT

- 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 IT

- 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.).

33. IT

- U AS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The IT

- UAS will not be operated from an elevated platform or moving

device/vehicle.

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

con trol of the IT

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.U.S Department of T ransportation September 10 , 2015 Page 10

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authorit y 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

Imagination Technologies 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 IT

- 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 e qual 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)(1)

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 F AA 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

Imagination Technologies’ use of the IT

- UAS is safe when taking into account i ts size, weight, speed, and operational capability. As set forth in the description of proposed operations in

Section IV ( A), the IT

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The IT

- UA S is also equipped with safety features which will allow Petitioner to operate the IT

- UAS safely after experienc ing certain in

- flight contingencies or failures as noted below

. 6 7

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Section s 44702

- 44716).

4 14 C.F.R § 11.81(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 least equal to that provi d ed 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).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot 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."U.S Department of T ransportation September 10 , 2015 Page 11

Additionally, the IT

- UAS carr ies neither pilots nor passengers, carr ies no ex plosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Imagination Technologies’ Operations

Manuals

.

Operations conducted under this exemp tion will be closely controlled 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. Imagination Technologies will also provide the FAA with

advance noti ce of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the IT

- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the CS

- UAS s 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 CS

- UAS

. 8 In addition, no

sense

- and

- avoid technology is necessary for the CS

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

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 normal category rotorcraft. To the extent that Imagination Technologies’ small CS

- UAS s would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's

airworthiness standards for the same reasons identifi ed 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

7 See e.g., Grant of Ex emption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The F M

- 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 th e operator. The AL

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges a nd altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the AL

- UAS to detect a system fault while in the air and automatically f ly back to its takeoff location 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 t o navigate. At any point if the operator is not explicitly 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 press ure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemp tion No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of T ransportation September 10 , 2015 Page 12

Imagination Technologies seeks an exemption from the aircraft marking and identific ation requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the oper ator must also display on that aircraft near each entrance to the cabin, cockpit, 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 applica ble.

● 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 d etermined 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." 10

Equivalent Level of Safety

Al l CS

- UAS s flown by Imagination Technologies will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspection s

Imagination Technologies seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a ) ( 1), 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 pres cribed 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

10

. FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of T ransportation September 10 , 2015 Page 13

airworthiness certificate, which the UAS platforms to be operated under this grant of exemption

will not h ave

. ( 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 Imagination Technologies’ Operations Manuals, the PIC will conduct a pre

- flight inspection of the CS

- UAS s and all associated equipment to account for all discrepancies and/or inoperable components.

Maintenance wil l be performed and verified to address any conditions potentially affecting safe operation of the CS

- UAS s and no flights will occur unless, and until, all flight critical components of the CS

- UAS s 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 Imagination Technologies’ Operations Manuals, the PIC who conducts the functional test flight will make an entry in the IT

- UA S aircraft records of the flight.

Imagination Technologies’ Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and

life limit requirements for the following app licable 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 spar e parts. Further, Imagination Technologies’ Operations Manuals also include procedures to document and maintain a record of the CS

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in

service of the CS

- UAS s used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Imagination Technologies’ Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- CO MMAND OF THE UAS

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

Imagination Technologies seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also r equire 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 CS

- UAS s will be operated as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS

operat ion outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II I 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.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of T ransportation September 10 , 2015 Page 14

Equivalent Level of Safety

The restrictions Imagination Technologies has placed on its IT

- UAS operations meet or exceed

t he restrictions similarly imposed on Astraeus Aerial. Imagination Technologies will operate on private property away from persons and property not involved in the operation. Imagination Technologies will also obtain an ATO issued COA prior to conducting a ny 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 NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Imagination Technologies will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and

communication issues pertaining to all aircraft o perators but also in the unique aspects of IT

UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in IT

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 Imagination Technologies . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Imagination Technologies pilots are competent and proficient in

the CS

- UAS s they are operating. Imagination Technologies’ 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 pil ots 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

I nasmuch as there will be no airworthiness certificate issued for the UASs, Imagination Technolog ies seeks an exemption from 14 C.F.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 waiv ed or found inapplicable. 13 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): Car rying Civil Aircraft Certification and Registration

Title 14 C.F.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. § 91.9(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

13 See Id. at 13

- 14, 22.U.S Department of T ransportation September 10 , 2015 Page 15

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:

(1) An appropriate and cu rrent 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 entranc e so that it is legible to passengers or crew.

Given the small size and configuration of the CS

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the IT

- UAS because there is simply

no room and the IT

- UAS has n o cabin or cockpit. As a way to comply with the code Imagination Technologies 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, a nd prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.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 require d 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

Imagination Technologies seeks an exempt ion from 14 C.F.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.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Imagination Technologies’ Operation s Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Imagination

14 Memorandum from Mark Bur y, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of T ransportation September 10 , 2015 Page 16

Technologies’ Operations Manuals, including checklists covering Pre

- Flight, La unch, Landing,

and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing

areas

— before initiation of flight. Imagination Techn ologies’ 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

Imagination Technologies seeks an e xemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs

an d remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control 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 Imagination Technologies intends to use, an equivalent level of safe training can still be performed without dual cont rols because no pilot or passengers are aboard the UAS, and as required by the Imagination Technologies’ 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 Imagination Technologies’ Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Imagination Technologies’ 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

Imagination Technologies requests an exemption from the minimum safe altitu de requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may 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 w ith any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed IT

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the IT

- UAS is used to inspect a structur e whose height exceeds 400 feet AGL, the IT

- UAS will not be operated more than 100 feet above the

15 Relief from § 91.119(a) will not be necessary because Petitioner wi ll be able to perform 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 b e necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of T ransportation September 10 , 2015 Page 17

highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Ob servers(s) may need to be less than 500 feet away from the CS

- UAS

.

Equivalent Level of Safety

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

pr o posed herein, and given the lack of flammable fuel with the above no ted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with conventional

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

CS

- UAS s, 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 inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point o n that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the CS

- UAS s will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating

pe rsons, unless that person is in a position where he or she is shielded from the IT

- 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 IT

- 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 Imagination Technologies’ Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Imagination Technologies 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

i s 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.

Equivalent Level of Safety

The FAA has stated that an equ ivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can suff

iciently 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 nonparticipating persons remain under such pro tection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is the safety of thos e nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and t he PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."U.S Department of T ransportation September 10 , 2015 Page 18

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

op erator 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 CS

- UAS s that Imagination Technologies intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Imagination Technologies’ Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 G rants of Exemption, the CS

- UAS s Imagination Technologies 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 appropriate

.

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

Imagination Technologies requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Se ction 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 mai ntaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Imagination Technologies’ intention to fly the CS

- UAS s at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), 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 beginning a IT

- UAS flight unless (considering wind and forec ast 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 IT

- U AS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining

in minutes and seconds to the PIC. 19 The FAA also considered the fact the IT

- UAS operating manual states: “start every flight with a f ully charged battery in the aerial vehicle”, and that in

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100

fe et above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of T ransportation September 10 , 2015 Page 19

the event that the IT

- UAS should run low on power, the PIC will be alerted and can safely land

the

- IT

- UAS as soon as possible. Like the VDOS Grant of Exemption, Imagination Technologies’

use of the CS

- 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 Purwin (Exemption No. 11161), the FAA

determined that a n equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning 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. Imagination Technologies will adhere to this limitation for its IT

- UAS flights.

The IT

- UAS includes a low battery warning system and the amount of ba ttery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the IT

- UAS to a ground

- based

- on

- screen display. 20 As required by Imagination Technologies’ Operations Manuals, the PIC will promptly fly the IT

- UAS back to the home launch location or

pre

- det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Imagination Technologies submits that the procedures requiring flights to be safely terminat ed 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 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed

opera tion 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

Imagination Technologies will have policies in place to ensure that no person may pa rticipate in

CS

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

VII. PUBLIC INTEREST

The public interest will be served by granting Imagination Technologies’ Petition for Exemption. Congress has established a national poli cy that favors early integration of UAS 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 IT

- UAS operations in this Petition for Exemption significantly improve s the safety

and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant or ganizations and all those who may be in the local vicinity . Traditional methods of providing surveillance and modeling

20 . T he IT

- UAS ground control station displays, the UASs p osition, navigation route, tail number, altitude,

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

orie n tation relative to the UAS.U.S Department of T ransportation September 10 , 2015 Page 20

services requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevate d work for which the individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors 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 ult imately

creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Imagination Technologies employees.

The use of small UASs also enhances safety and reduces risk to the surrounding public be cause, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UASs carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Imagination Technologies’ small battery powere d CS

- UAS s presents significantly

less danger to persons on the ground when compared to operations by conventional manned

aircraft. 21 As P etitioner's CS

- UAS s are battery powered, the public will also benefit from a

reduction in harmful petroleum based emissi ons 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

aircraft. 22 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 c reated . 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 u tilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All IT

- 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.

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 078 3 at 12): "Manned hel i copters 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 r e motely 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 acc i dent.

r isk to an onboard pilot and crew during an incident or accident is eliminated with 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).U.S Department of T ransportation September 10 , 2015 Page 21

IX. FEDERAL REGISTER S UMMARY

Pursuant to 14 C.F.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); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enh ance 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 ai rcraft, rotorcraft, or other methods.

X. CONCLUSION

Imagination Technologies’ Petition for Exemption satisfies the criteria articulated in Section 333

of the Reform Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed IT

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 the reby 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 Imagination Technologies to use small IT

- UAS s in the recorded production of its product.U.S Department of T ransportation September 10 , 2015 Page 22

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

Respectfully Submitted,

Jason T. Gooding Imagination Technologies, LLC 7183 Windbury Ln Flint, MI 4850 7

Phone: (810)771.8861 Email:jgooding@gmail.com

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuan t to 14 C.F.R. § 11.35(b)).

Attachments: 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. Cell tower Comps

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals