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 ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations This application is being submitted on our own behalfwithout legal council orconsulting services. Dear Sir orMadam: 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 ofsmall unmanned aerial systems ("sUAS") for the purpose ofaerial photographyand filmmaking. Also, pursuant to 14 CPR§ 11.87, we request that the FAA not publish thispetition 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 reliefis 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 opportunityand wages as several ofmyclients have been approached orhave currentlyused Amateurphotographersproviding this service without FAA exemption., the competitive advantage for unapproved commercial sUAS operators exists and continues togrow everyday. \ IPart 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 operationswill be subjectto strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircrafts. Steve Fincher Photography Inc, has established itselfas a leader in commercial and aerial photographywith 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, countyand state agencies as well as many other commercial and industrial cleints. We currentlyuse helicopters and small manned aircraft to provide aerial photography ofperformance automobiles on the manufactureres closed circuit test facility, Industrial equipment in use on construction sites, monthlyconstruction progress recording, architectural photography, road and bridge construction, sportsphotographyfor manufactures ofkayaks and boating equipment, real estate, corporate manufacturing facility photography and many otheruses. By permitingus 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 additionthe saftey factor with the use ofUAV's will be much better as we often are required to fly low and in doseproximityto the subject. By using a 5pound UAV instead ofa manned aircraft weighing hundreds orthousands ofpounds everyone on the ground and in the air would be much safer. Steve Fincher is the operator ofthe sUAV with 40 years ofRC Aircraft experience and a member ofthe Academy ofModel Aeronautics (AMA), Mr. Fincher is extremely concerned with safety in the operation ofsUAS systems and has 100's ofhours 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 ofSight (LOS) and always below 400 feet. Predetermined, specifically marked areas ofoperation, cordoned

### _o~locations and correspondingcurrent safety controls will allowSteve Fincher Photography Inc. to operate Withm current safetyparameters. 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 oflightweight, 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 ofthe AMA. • Has over 100 hours offlight time using the 3DR Iris+. • Has studied and completed the 3DR manufacturers online video instruction for the assembly, maintenance and repair ofthe 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 offlight time with th Iris+. • Has studied and completed the 3DR manufacturers online video instruction for the use and pro gramming offlight 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 manyotherparameters. This allows for the flight to be safely undertaked and controlled by the software but also allow with the flip ofone switch return ofcomplete control backto the pilot. • Has held a General Class Amateur Radio Operators License for over 30 years that gives a unique understanding ofelectronic circuitryfor maintence and repair ofthe circuits used in the Iris+, transmitter and antennalobe characteristics and radio frequency characeristics that help in understanding ofRF interference as well as thelimitations ofthe technology associated with remote control aircraft. • Has been flying model aircraft for over 40 years with lOO's ofhours 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 veryfamiliar with rules and regulations reguarding altitude, flight patterns around airports as well as other aircraft and communication with airtraffic contollers when needed. • Has a valid driver's license • Steve Fincher Photography Inc. is covered with $2,000,000 ofcommercial insurance.

l. CHARACTERISTICS OF THEAIRCRAFT 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 efficientlyplan a mission in 30 and monitor it in real-time using Mission Planner Software. The software has built in limitations thatkeep the flight to Line ofSight, limit the aircraft to altitudes ofno more than 400 feet. Additionallythe software provides automatic land with return to home function in case oflow battery, GPS signal loss or also with the flip ofa switch in case ofan emergency. The 3DR Iris plus is electric powered with a flight time orno more than 20 minutesper battery so there is no flamable fuel onboard. Currently, this identical as well as similarlightweight, 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 onlylogical to allow Steve Fincher Photography Inc. highly experienced remote controlpilot, to operate similar lightweight UASs.

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# ..**~** 2. APPLICATIONS AND ADDED VALUE Steve Fincher Photography intentsto 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 ofa small 5 pound aircraft as opposed to aircraft weighing hundreds ofpoundswill benefit all invloved. This will also allow us to get a much desired lower angle photograph than is currentlypossible to acheive with manned aircraft while still operating in a much safer manner. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe Iris+ Steve Fincher Photography notes that the airworthiness ofthe Iris+ has already been approved for exemption in manycases by the FAA. b. OperatingConditions Grant ofthe exemption to Steve Fincher Photographyfor use ofthe Iris+ will be subject to the following operating conditions, based onthe operating conditions set forth bythe Academy ofModel Aeronautics). The main restrictions are summarized below:

• Operationsto be conducted over private, controlled-access, orpublic propertywhere approved • Permission from theland owner/authorityrequired before commencing any flight • Operations over congested areas shall be avoided; • Operations must not interfere with manned aircraft operations, must yield the right ofway to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times • Operationslimited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours • Aircraft operations must remain within Visual Line ofSight (VLOS) and will be visually moni tored at all times; • Visual Line ofSight operations guaranteed with a GPS geo-fence around operator of0.15 miles • Flight ceilingpre-programed at 400 feet; • All operations conducted within 5 miles from an airport shall onlybe initiated after verbal coordinationwith the airport authority, or air traffic controlwhen a control tower is present at the airport; • All operations shall comply with required permissions and permits established by territorial, state, countyorcityjurisdictions; includinglocal law enforcement, fire, or other appropriate governmental agencies. • The Iris+ operations will be compliant with existing safetyprocedures inherent to the activities of the related company.

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EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Steve Fincher Photographyrequests an exemption from the following regulations as well as any additional regulations that may technically applyto the operation ofthe 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 ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe IriS+, its verylight weight (the maximum take-offweight is lessthan 5pounds) and the limited operating area associated with its utilization, it is unnecessaryto go through the certificate ofairworthiness process under Part 21 Subpart H in orderto achieve or e..xceed current safetylevels. The FAA has determined that no exemption is required ofthis section ifa finding is made under the Reform_ Act that the sUAS selected provides an equivalent level ofsafetywhen compared to aircraft normallyused for the same application. As the aircraft specified inthis exemption request meet the size, weight, speed and other characteristics ofsUAS aircraft specified in previously approved exemption requests as noted, no exemption is believed to be needed. An equivalent orgreaterlevel ofsafety is obtained when sUAS physical and operating characteristics, safety systems, maintenance requirements and other operatingprocedures as set forth by the manufacturer (3D Robotics) are followed.

14 C.P.R.§ 45.23 

### & 14 C.P.R.§ 45.29: Display ofmarks; size ofmarks 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 tothe cabin, cockpit, orpilot station. Given the size ofthe Iris+, this requirement is impossible to match. The equivalent level ofsafetywill be achieved by having the upperpart ofthe Iris+ provided with a decal with a copy ofthe AMA membership as well as the address and phone number ofthe operator in charge.

# -------------------------------~ 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-commandprivileges ofan airline transport pilot certificate; • When exercising the second-in-commandprivileges ofan airline transportpilot certificate in a flag or supplemental operation in part 121 ofthis chapterthat requires three ormorepilots; or • When serving as a required pilot flight crew member in an operation conducted underpart 121 of this chapter ifthe pilot has reached his orher 60th birthday. (2) Must hold at least a second class medical certificate when exercising: • Second-in-command privileges ofan airline transport pilot certificate in part 121 ofthis chapter (otherthan operations specified in paragraph (a)(l)(ii) ofthis section); or • Privileges ofa commercialpilot certificate Given the size ofthe Iris+, its structure, thelimited flight area, and the safety features integrated in the autopilot (among others the Flight Termination System), FAA has previously detrmined that an Equivalent Level ofSafety can be reached ifthe 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 noperson may serve as a required pilot flight crewmember"ofa civil aircraft ofthe United States, unless that person: (1) Has apilot certificate or special purpose pilot authorization issued under this part in thatperson's physical possession orreadily accessible in the aircraft when exercising theprivileges ofthatpilot certificate or authorization. However, whenthe aircraft is operated within a foreign country, apilotlicense issued by that country may be used. The regulation provides also that no personthat holds a privatepilot certificate may act as pilot in command of an aircraft for compensation orhire. Subparagraph (b) allows aprivatepilot to ad as pilot in command ofan aircraft in connection with anybusiness or employment if: (1) The flight is onlyincidental to that business oremployment; (2) The aircraft does not carrypassengers orpropertyfor compensation orhire. Because the Iris+ will not carry a pilot orpassengers, theproposed operations can be achieved using the safety features ofthe Iris+ and the fad that the missions are pre-programmed and monitored in real-time with a specific flight management software, Steve Fincher Photographyproposes that operators ofthe Iris+ should not be required to hold a commercial orprivatepilot certification. The equivalent level ofsafety will be achieved by having an operatorwith manyyears ofremote control aircraft experience, over 100 hours offlight time with the Iris+, Pil?t has completed the 3DRmanufactureres training videos on assembly, maintainence, pre-flight, flight and

### l~ndmg**proced~res** and Mission Planner software training for programming ofthe Iris+. 35 years ofexperience m manned aenalphotography, over 20 years ofexperience 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 noperson may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing operation ofthe Iris+ without an airworthiness certificate, no standard will exist for airworthiness ofthe Iris+ although the Iris+ has been given airworthiness exemptions already in manycases. An equivalent level ofsafety

### will be achieved by insuring compliance with the Iris+ user manual priorto each flight. 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulation provides that noperson may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis 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 onlytoo small to carrydocumentation, but the documentation would not be available to the crew, as there is no flight crew on board. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe Iris+ usermanual in the transport box that will be within reach ofthe operator at all times. 14 CFR § 91.119: Minimum Safe Altitudes The regulation provides that over sparselypopulated areas, the aircraft cannot be operated closer than 500 feet to anyperson, vessel, vehicle, or structure. Since the Iris+ will be operating at a maximum of400 feet AGL, We cannot complywith this requirement. The equivalent level ofsafety will be achieved because the Iris+ will onlyfly over privatepropertywith the permission ofthe landowner. Before every flight, the operatorwill define a working area radius and a flight area ceiling, preventing the Iris+ to go beyond the flight area. Thelandowner and the personswho may be onthe ground in the flight area will be briefed ofthe expected route offlight and the associated risks to persons and property on the ground. Due to the small size ofthe Iris+, the mater_:ial with which it is built and its specific safety procedures (amongothers ground detection), the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in grantingthe exemption. Moreover, the aircraft will not be operated over congested areas orover any open-air assembly ofpersons. 14 CFR 91.121- Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude orflight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operatingbelow 18,000 feet MSL to: • The current reported altimeter setting ofa station alongthe route and within 100 nautical miles of the aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level ofsafety, the Iris+ autopilot calculates the reference altitude (ground level) with the on-board GPS duringthepre-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 noperson maybegin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. Given the area ofoperation for the Iris+, Steve Fincher Photographybelieves that an equivalent level ofsafety is already achieved with the specific procedure preventingthe lris+to accept a take-offorder ifthe batterylevel is below a given value. Moreover, 3DR has integrated "low" and "critical" batterylevel warnings and implemented a "returnto 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) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew. The Iris+ weighs only 5 pounds. As such, there is no ability orplace to carry certification and registration documents or to display them on the UAS. To obtain an equivalent level ofsafety 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 orderto identifythe aircraft, we propose that a copy of the fu.\1A membership ofthe operatorwill be permanentlyaffixed to the Iris+ on the upper side ofthe body. 14 CFR Subpart E (91.401

- 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintainingthe 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 under43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance ofan airworthiness certificate. Section 91.417 requires the owner or operator to keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, orlicensed pilots and records ofapproval ofthe aircraft for return to service. 3DRproposes that the maintenance ofthe Iris+ will be accomplished by the owner orthe operator according to the user manual. An equivalent level ofsafety\\rill be achieved because the Iris+ is small in size, it is not a complex mechanical device and does carry anyexternalpayload. Moreover, the operator is theperson most familiar with the aircraft and is best suited to maintain the aircraft in an airworthycondition and to ensure an equivalent level ofsafety. Finally, before every flight, the Iris+ automatically runs a sequence ofpre-flight tests to make sure that every sensor and every criticalpart is operatingproperly. Ifaproblem is detected, the Iris+ will not be able to be switched-on and a message erroris displayed on the main screen. The owner or the operator can then refer to the.user manualto troubleshoot this issue. Severalparts ofthe Iris+ are easilyinterchangeable (propellers, wings), which allows the operator to make sure thewings and propulsion system are always airworthywhen a mission is initiated.Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in the commercial photography industry.

Steve Fincher Steve Fincher Photography Inc.

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