Steve Fincher Photography 

6240 N. Pinnacle Dr. 

Spartanburg, S.C. 29303 

Cell: 864-216-5083 

email: steve@fincherphoto.com 

website: www.fincherphoto.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

This application is being submitted on our own behalf without legal council or consulting services. 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 

11, Steve Fincher Photography Inc. does hereby apply for an exemption from the Federal Aviation Regulations 

("FAR's") identified below, to allow commercial use of small unmanned aerial systems ("sUAS") for the purpose 

of aerial photography and filmmaking. 

Also, pursuant to 14 CPR§ 11.87, we request that the FAA not publish this petition request in the Federal Register and not delay action based on the following: 

1. This petition for exemption does not set precedent. Previous identical exemption requests have been approved. 

2. The requested relief is identical to exemptions granted previously, specifically, Exemption(s) Nos. 11109 

(Clayco, Inc.) and 11170 (Viafield)), 11310 (Colin Hinkle), and others. 

3. A delay in actioJ? on this petition would adversely affect pending requests for aerial photography operations 

and result in lost opportunity and wages as several of my clients have been approached or have currently used 

Amateur photographers providing this service without FAA exemption., the competitive advantage for unapproved commercial sUAS operators exists and continues to grow every day. 

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Part 11, Steve Fincher Photography Inc., seeks an exemption from the Federal Aviation Regulations ("PARs") 

listed below: 

• 14 C.P.R. Part 21 

• 14 C.P.R. 45.23 

• 14 C.P.R. 45.29 

• 14 C.P.R. 61.23 

• 14 C.P.R. 61.3 

• 14 C.P.R. 61.113(a) & (b) 

• 14 C.P.R. 61.133(a) 

• 14 C.P.R. 91.7(a) 

• 14 C.P.R. 91.9 

• 14 C.P.R. 91.119 

• 14 C.P.R. 91.121 

• 14 C.P.R. 91.151(a) 

• 14 C.P.R. 91.203 

• 14 CFR Subpart E (91.401- 91.417) 

The requested exemption would authorize unmanned aircraft operations using the 3DR Iris+ for still photography and video. These operations will be subject to strict operating requirements and conditions to ensure 

at least an equivalent level of safety to currently authorized operations using manned aircrafts. Steve Fincher 

Photography Inc, has established itself as a leader in commercial and aerial photography with 35 years in business using small manned aircraft and with the use lightweight UASs would be able to operate in a much more 

cost effective as well as a much safer manner as the sUAS would be much safer to operate as opposed to larger 

heavier manned aircraft. 

Steve Fincher Photography Inc, serves clients that include automotive manufacturing, industrial manufacturing, architectural clients, construction companies, law enforcment, city, county and state agencies as well as 

many other commercial and industrial cleints. We currently use helicopters and small manned aircraft to provide aerial photography of performance automobiles on the manufactureres closed circuit test facility, Industrial equipment in use on construction sites, monthly construction progress recording, architectural photography, road and bridge construction, sports photography for manufactures of kayaks and boating equipment, real 

estate, corporate manufacturing facility photography and many other uses. By permiting us to use small UAV's 

for these purposes it will greatly reduce the impact on the .environment ·with less fuel consumption as well 

as less noise pollution. In addition the saftey factor with the use ofUAV's will be much better as we often are 

required to fly low and in dose proximity to the subject. By using a 5 pound UAV instead of a manned aircraft 

weighing hundreds or thousands of pounds everyone on the ground and in the air would be much safer. 

Steve Fincher is the operator of the sUAV with 40 years of RC Aircraft experience and a member of the Academy of Model Aeronautics (AMA), Mr. Fincher is extremely concerned with safety in the operation of sUAS 

systems and has 100's of hours flying small remote control aircraft as well as many hours flying the 3DR Iris+ 

which is the sUAS that will be used for both still photography and video. Steve Fincher has been operating 

lightweight model aircraft as a hobby for many years without incident and would like to formally request per-

~ission t~ fly its ~ASs commercially in the United States to capture aerial photography and video. Each flight 

IS flown Lme of Sight (LOS) and always below 400 feet. Predetermined, specifically marked areas of operation, 

cordoned _o~locations and corresponding current safety controls will allow Steve Fincher Photography Inc. to 

operate Withm current safety parameters. To date, Steve Fincher Photography Inc. has flown countless flights 

and h~s done _so safe_ly and successfully. Steve Fincher Photography Inc. exemption request would permit its 

operatiOn of lightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly 

controlled and limited airspace under 400 feet during daylight hours. 
The 3DR Iris+ will be operated by Steve Fincher \Vho has the following requirements: 

• Is a registered member of the AMA. 

• Has over 100 hours of flight time using the 3DR Iris+. 

• Has studied and completed the 3DR manufacturers online video instruction for the assembly, 

maintenance and repair of the Iris+. 

• Has studied and completed the 3DR manufacturers online video instruction for Pre-flight 

procedures, flight procedures including both software controlled as well as manual controlled 

flight and landing. Pilot has logged over 100 hour of flight time with th Iris+. 

• Has studied and completed the 3DR manufacturers online video instruction for the use and pro 

gramming of flight patterns and flight procdures using both the Droidplanner and Mission 

Planner software that is used in flight planning for the Iris+. This software allows the flight to 

be pre-planned and programmed into the Iris+ which allow parameters to be set for maximum 

altitude, distance from pilot as well as many other parameters. This allows for the 

flight to be safely undertaked and controlled by the software but also allow with the flip 

of one switch return of complete control back to the pilot. 

• Has held a General Class Amateur Radio Operators License for over 30 years that gives a unique 

understanding of electronic circuitry for maintence and repair of the circuits used in the 

Iris+, transmitter and antenna lobe characteristics and radio frequency characeristics that 

help in understanding of RF interference as well as the limitations of the technology 

associated with remote control aircraft. 

• Has been flying model aircraft for over 40 years with lOO's of hours flying remote control craft. 

• Has been flying ultralight aircraft for over 20 years and has completed a certified 

training course including ground school for ultralight aircraft by Flight World, LLC . 

• 35 years experience shooting aerial photography from helicopters as well as small fixed wing air 

craft is very familiar with rules and regulations reguarding altitude, flight patterns around airports 

as well as other aircraft and communication with air traffic contollers when needed. 

• Has a valid driver's license 

• Steve Fincher Photography Inc. is covered with $2,000,000 of commercial insurance. 

l. CHARACTERISTICS OF THE AIRCRAFT 

The 3DR Iris+ is a smallS pound VAS with an on-board GPS and related flight management software that allows 

the operator to safely and efficiently plan a mission in 30 and monitor it in real-time using Mission Planner 

Software. The software has built in limitations that keep the flight to Line of Sight, limit the aircraft to altitudes 

of no more than 400 feet. Additionally the software provides automatic land with return to home function in 

case of low battery, GPS signal loss or also with the flip of a switch in case of an emergency. The 3DR Iris plus is 

electric powered with a flight time or no more than 20 minutes per battery so there is no flamable fuel onboard. 

Currently, this identical as well as similar lightweight, remote controlled UASs have been aaproved for exemption 

by the FAA, as well as many are legally operated by amateurs with no flight experience, safety plan or controls in 

place to prevent catastrophe. It is only logical to allow Steve Fincher Photography Inc. highly experienced remote 

control pilot, to operate similar lightweight UASs. 
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2. APPLICATIONS AND ADDED VALUE 

Steve Fincher Photography intents to use the IriS+ to augment our exsiting photography service and feel that 

the savings on impact to the environment on fuel usage, noise factor and the safety of a small 5 pound aircraft as 

opposed to aircraft weighing hundreds of pounds will benefit all invloved. This will also allow us to get a much 

desired lower angle photograph than is currently possible to acheive with manned aircraft while still operating in 

a much safer manner. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the Iris+ 

Steve Fincher Photography notes that the airworthiness of the Iris+ has already been approved for exemption in 

many cases by the FAA. 

b. Operating Conditions 

Grant of the exemption to Steve Fincher Photography for use of the Iris+ will be subject to the following operating conditions, based on the operating conditions set forth by the Academy of Model Aeronautics). The main 

restrictions are summarized below: 

• Operations to be conducted over private, controlled-access, or public property where approved 

• Permission from the land owner/authority required before commencing any flight 

• Operations over congested areas shall be avoided; 

• Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times 

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours 

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually moni 

tored at all times; 

• Visual Line of Sight operations guaranteed with a G PS geo-fence around operator of 0.15 miles 

• Flight ceiling pre-programed at 400 feet; 

• All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at the 

airport; 

• All operations shall comply with required permissions and permits established by territorial, 

state, county or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies. 

• The Iris+ operations will be compliant with existing safety procedures inherent to the activities of 

the related company. 
-----------------------------CUI 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE 

RULES SUBJECT TO EXEMPTION 

Steve Fincher Photography requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the 3DR Iris+: 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(l) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR§ 91.203(a). Given the size of the IriS+, its very light weight (the maximum take-off weight is 

less than 5 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through 

the certificate of airworthiness process under Part 21 Subpart H in order to achieve or e..xceed current safety levels. The FAA has determined that no exemption is required of this section if a finding is made under the Reform_ 

Act that the sUAS selected provides an equivalent level of safety when compared to aircraft normally used for 

the same application. As the aircraft specified in this exemption request meet the size, weight, speed and other 

characteristics of sUAS aircraft specified in previously approved exemption requests as noted, no exemption is 

believed to be needed. 

An equivalent or greater level of safety is obtained when sUAS physical and operating characteristics, safety systems, maintenance requirements and other operating procedures as set forth by the manufacturer (3D Robotics) 

are followed. 

14 C.P.R.§ 45.23 & 14 C.P.R.§ 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters 

at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL' in letters at least 2 

inches high near the entrance to the cabin, cockpit, or pilot station. 

Given the size of the Iris+, this requirement is impossible to match. 

The equivalent level of safety will be achieved by having the upper part of the Iris+ provided with a decal with a 

copy of the AMA membership as well as the address and phone number of the operator in charge. 
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14. CFR §61.23 Medical certificates: Requirement and duration 

Regulations provide that a person: 

( 1) Must hold a first -class medical certificate: 

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or 

• When serving as a required pilot flight crew member in an operation conducted under part 121 of 

this chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(l)(ii) of this section); or 

• Privileges of a commercial pilot certificate 

Given the size of the Iris+, its structure, the limited flight area, and the safety features integrated in the autopilot 

(among others the Flight Termination System), FAA has previously detrmined that an Equivalent Level of Safety 

can be reached if the operator has a valid driver's license. 

4 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial 

Pilot Privileges and Limitations 

The regulation provide that no person may serve as a required pilot flight crewmember" of a civil aircraft of the 

United States, unless that person: 

( 1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical 

possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may 

be used. 

The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of 

an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to ad as pilot in command of an 

aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Because the Iris+ will not carry a pilot or passengers, the proposed operations can be achieved using the safety 

features of the Iris+ and the fad that the missions are pre-programmed and monitored in real-time with a specific flight management software, Steve Fincher Photography proposes that operators of the Iris+ should not be 

required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved by 

having an operator with many years of remote control aircraft experience, over 100 hours of flight time with the 

Iris+, Pil?t has completed the 3DR manufactureres training videos on assembly, maintainence, pre-flight, flight 

and l~ndmg proced~res and Mission Planner software training for programming of the Iris+. 35 years of experience m manned aenal photography, over 20 years of experience as an ultralight pilot having completed a course 

in ultralight flight school. 
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14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the 

exemption be granted allowing operation of the Iris+ without an airworthiness certificate, no standard will exist 

for airworthiness of the Iris+ although the Iris+ has been given airworthiness exemptions already in many cases. 

An equivalent level of safety will be achieved by insuring compliance with the Iris+ user manual prior to each 

flight. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available 

to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not 

only too small to carry documentation, but the documentation would not be available to the crew, as there is no 

flight crew on board. 

The equivalent level of safety will be achieved by keeping a hard copy of the Iris+ user manual in the transport 

box that will be within reach of the operator at all times. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the Iris+ will be operating at a maximum of 400 feet AG L, We cannot comply with this requirement. 

The equivalent level of safety will be achieved because the Iris+ will only fly over private property with the permission of the landowner. Before every flight, the operator will define a working area radius and a flight area ceiling, preventing the Iris+ to go beyond the flight area. The landowner and the persons who may be on the ground 

in the flight area will be briefed of the expected route of flight and the associated risks to persons and property 

on the ground. Due to the small size of the Iris+, the mater_:ial with which it is built and its specific safety procedures (among others ground detection), the hazard to persons, vessels, vehicles, and structures is not comparable 

to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas or over any open-air assembly of persons. 

14 CFR 91.121- Altimeter settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to: 

• The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft; 

• If there is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current 

reported altimeter setting of an appropriate available station; 

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure. 

To provide an equivalent level of safety, the Iris+ autopilot calculates the reference altitude (ground level) with 

the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude 

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

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

Given the area of operation for the Iris+, Steve Fincher Photography believes that an equivalent level of safety is 

already achieved with the specific procedure preventing the lris+to accept a take-off order if the battery level is 

below a given value. Moreover, 3DR has integrated "low" and "critical" battery level warnings and implemented a 

"return to Home" (and "Go Land") actions in these situations. 

14 C.P.R.§ 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The Iris+ weighs only 5 pounds. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. 

To obtain an equivalent level of safety and meet the intent of91.203, we also propose that documents deemed 

appropriate for this aircraft by the FAA will be co-located with the operator at the ground control station in the 

flight box and available for inspection upon request. In order to identify the aircraft, we propose that a copy of 

the fu.\1A membership of the operator will be permanently affixed to the Iris+ on the upper side of the body. 

14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be 

"approved for return to service by a person authorized under 43. 7" after maintenance and inspection. Section 

91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 requires the 

owner or operator to keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

3D R proposes that the maintenance of the Iris+ will be accomplished by the owner or the operator according to 

the user manual. An equivalent level of safety \\rill be achieved because the Iris+ is small in size, it is not a complex mechanical device and does carry any external payload. Moreover, the operator is the person most familiar 

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent 

level of safety. Finally, before every flight, the Iris+ automatically runs a sequence of pre-flight tests to make sure 

that every sensor and every critical part is operating properly. If a problem is detected, the Iris+ will not be able to 

be switched-on and a message error is displayed on the main screen. The owner or the operator can then refer to 

the. user manual to troubleshoot this issue. Several parts of the Iris+ are easily interchangeable (propellers, wings), 

which allows the operator to make sure the wings and propulsion system are always airworthy when a mission is 

initiated. 
Satisfaction of the criteria provided in Section 333 of the Reform Act of2012--size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of sight and national 

security- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS in the commercial photography industry. 

Steve Fincher 

Steve Fincher Photography Inc. 

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