September 30, 2015 Docket Operations, M-30 U.S. Department ofTransportation (DOT) Docket Management System 1200NewJersey Ave., SE Room WJ2-140, West Building Ground Floor Washington, DC 20590-0001

Dear Sir or Madam: 

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Attached please find Red Wing Aerial Photography (Red Wing Aerial Photography) request, as a member of the Professional Aerial Photographers Association, International (PAPA), for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging to include video and still photography. This exemption request is initially for the use ofthe Inspire 1 and Phantom 3 Pro sUAS manufactured by DJI, an established sUAS company and in accordance with the sUAS training and certification program as administered by PAPA. Also attached to this letter is the equipment "Red Wing Aerial Photography Flight Manual" (Manual), which outlines the operating requirements, limitations, and technical specifications for the DJI Systems as used by Red Wing Aerial Photography. Red Wing Aerial Photography has reviewed this Manual and has found it to be acceptable for sUAS operations. Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) as the entire Manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act 5 USC 552 et. seq. Thank you for yourtime and consideration, and please let me know ifyou have any questions.

evin Butts Red Wing Aerial Photography Corporate Officer



### Professional AerialPhotographers Association-InternationalSection 333 Doc 15-015September 30, 2015 Docket Operations, M-30 U.S. Department ofTransportation (DOT) Docket Management System 1200 NewJersey Ave., SE Room W 12

- 140, West Building Ground Floor Washington, DC 20590-0001 

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Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.1 03(b); 91.119;91.121; 9.151 (a); 91.405 (a) (l); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Red Wing Aerial Photography (Red Wing Aerial Photography), an aerial photography and digital imaging company, on behalf of itself and its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("F ARs") to allow commercial operation of i ts Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography, so long as such operations
are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is I) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Red Wing Aerial Photography during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAPA). Red Wing Aerial Photography is a member of the Professional Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS). Principal employees have received ground school training and have logged well over 25 hours of sUAS flight operations. The Pilots In Command (PIC) proposed by Red Wing Aerial Photography is an FAA licensed pilot with years of safe and successful aerial photography operations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "
...establish requirements for the safe operation of such aircraft systems in the National Airspace System." Section 333(c) ofthe Reform Act.



### Professional AerialPhotographers Association-InternationalSection 333 Doc 15-015The name and address ofthe applicant is: Red Wing Aerial Photography PO Box 6218 San Antonio, TX 78209 PIC-R. Kevin Butts, FAA Licensed Pilot (Commercial) PIC

-Ryan Short (Comm/Inst/CFI) PIC

-Scott Kliever (Comm/Inst/CFII) PH: 210

-828-5366 Email: info@redwingaerials.com Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 109 14 C.F.R
. 119 14 C.F.R. 121 14 C.F.R. 9 I.I5I 

### (a) 14 C.F.R
. 91.203 (a) & (b) 14 C
.F.R. 91.405 (a) 14 C.F.R. 407 (a) (I) 14 C.F.R. 409 (a) (2) 14 C.F.R
. 417 (a) & (b)



### I. STATUTORY AUTHORITY FOREXEMPTIONS P age 

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The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40I0 I of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §447ll(a); 49 USC §44704; 14 CFR §91.203(a) (I). Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider: 

### ProfessionalAerialPhotographers Association-InternationalSection333 Doc 15-015

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• The sUAS's size, weight, speed, and operational capability; • Whether the sUAS operates within the visual line ofsight ofthe operator • Whetherthe sUAS operates outside ofhighly populated areas and away from close proximity to airports Reform Act §333(a)
. Ifthe Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." !d. §333( c) Red Wing Aerial Photography' sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 70 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only within the controlled "Area of Operations" described in the Confidential Red Wing Aerial Photography Flight Manual (Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a hazard to users ofthe National Airspace System or the public. " Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also, due to the small size ofthe sUAS, altitudes, and controlled areas in which the sUAS will operate, approval ofthe application presents no national securit y issue

. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Red Wing Aerial Photography respectfully requests that the FAA grant the requested exemption without delay.



### II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low risk environments. The use of sUAS on aerial photography operations can significantly reduce the risk to photographers and participants. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require direct access or manned aircraft.



### Professional Aerial PhotographersAssociation-InternationalSection333 Doc 15-015

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Additionally, sUAS could replace the use of helicopters and small aircraft to produce imagery for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from manned aircraft presents a marked safety increase for our workers and the pub!ic. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS used by Red Wing Aerial Photography use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are many hundreds oftimes heavier. 

### III. EQUIVALENT LEVEL OFSAFETY AND SECURITY Red Wing Aerial Photography proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations list ed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on imaging and photography operations conducted with conventional aircraft. Red Wing Aerial Photography will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:
1. The sUAS will be less than 20 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Maximumtotal flight time for each operational flight will be 20 minutes. The operator calculates battery reserve, and will return the sUAS to the "Designated SafetyZone" with at least 20% battery power reserve should thatoccur prior to the 20 minute limit. 4. Flights will normally be operated at an altitude ofn ot more than 400 feet AGL, but never in controlled airspace without prior coordination and approval ofATC. 5. Flights will not be conducted within the surface area ofcontrolled airport airspace without prior coordination and approval ofATC. 6. Flights will not be conducted within 5 miles ofany uncontrolled airport without prior coordination and approval ofthe airport authority. 7. Crew for each operation will consist ofthe sUAS Operator who will keep the sUAS within his visual line ofsight at all times and a qualified Observer. 8. The sUAS operator will be trained in flight, operations, and safety procedures as detailed in the Flight Manual. 9. The sUAS will only operate within a confined "Area ofOperations" as defined in the Manual, including but not limited to evaluation ofthe airspace by reference to a current 1:500,000
scale FAA Sectional Aeronautical Chart. The Manual also requires the establishment ofa "Designated Safety Zone" for the flight operations area. I0. A briefing will be conducted r egarding the planned sUAS operations prior to each day's production activities. [twill be mandatory that all personnel who will be performing duties within the boundaries ofthe Designated Safety Zone be present for this briefing.



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II. All onsite personnel will consent to the UAS flyover on site by waiver, and the Operator will obtain additional verbal or written consent ofall persons who will be allowed within I00 feet ofthe flight operation. 12. Operator will have been trained in operation ofUAS generally and will have received up-todate information on the particular sUAS to be operated as required bythe Red Wing Aerial Photography Manual. 13. Necessary written and/or oral permission from the relevant property holders will be obtained. 14. All required permissions and permits will be obtained from territorial, state, country, or city jurisdictions, including local law enforcement, fire, or other appropri ate government agencies. 15
. Ifthe sUAS loses communications or loses its GPS signal, it will have the capability to enter "loiter mode" and hover, reestablish satellit e connection, and return to a predetermined location within the "Designated Safety Zone" and land. 16. Red Wing Aerial Photography personnel will be easily identified by law enforcement personnel and the Public through wearing a green fluorescent or blaze orange vest with Section 333 Grant and PAPA credentials prominently displayed within a weatherproof container on the persons back. 

### IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR61.113 (a) & 

### (b): Private pilot privileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the Operator operating the air craft to have completed a sUAS flight training course of 25 hours before flying a sUAS (See the Red Wing Aeri al Photography Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircra ft that carries the pilot and passengers, the sUAS is remotely controlled with
no living thing or cargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicabl e, and all flights are planned and coordinated in advance as set forth in the Red Wing Aerial Photography Manual.
The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled Area of Operation as set out in the Red Wing Aerial Photography Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator, pursuant to the Red Wing Aerial Photography Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the Area ofOperation as is currently done on aerial photography operations. The FAA will have advance notice ofall operations as required. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations ofthe sUAS as requested, with an operator who has met the minimum requirements stated in the Red Wing Aerial Photography Manual, achieves the level ofsafety contemplated by 1 4 C.F.R. §61.113 (a) & (b).


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14 C.F.R. 91.103: PreflightAction This regulation requires that each Operator in Command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Red Wing Aerial Photography Manual. These actions will provide an equivalent level ofsafety. 

### 14 C.F. R. 91.119: Minimum/Maximum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes ofless than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitudes higher than the base ofcontrolled airspace without prior approval and coordination with ATC and will be in
a Controlled Area with a "Designated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Red Wing Aerial Photography Manual for detailed procedures.) The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well
as the location where it is operated. No flight will be taken without the required permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, as outlined in the Red Wing Aerial Photography Manual, all affected individuals will be aware ofthe planned flight operations. Unlike flight operations with aircraft
or rotorcraft weighing far more than the maximum 20 lbs. proposed herein, our sUAS will not carry flammable fuel. Jn addition, the low-altitude operations ofthe sUAS will ensure separation between sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain crUismg altitude by reference to an altimeter that is set "
...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Red Wing Aerial Photography Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 

### 14 CFR91.151 (a): Fuel requirements for flight in VFR conditions 

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Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions

. Our sUAS is limited to operations in controlled environments as outlined in the Red Wing Aerial Photography Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a) The battery powering the sUAS provides approximately 20 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91. 151 , sUAS flights would necessarily be impossible to conduct. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a shorter time frame (Jess than 30 minutes) for flight in daylight or night VFRconditions is reasonable. Red Wing Aerial Photography believes that an exemption from 14 CFR §91.151 (a) falls within the scope ofprior exemptions. See Exemption I0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small sUAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, wi th less than 30 minutes ofreserve fuel, does not engender the type of risks that Section 91 .151 (a) was intended to alleviate given the size and speed ofthe small UAS.
An equivalent level ofsafety can be achieved by limiting flights to 20 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% ofbattery power (as determined by the onboard monitoring system and the operator), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, I0673, and I0808. 

### 14 CFR 91.405 

### (a); 407 (a)(1); 409 

### (a)(2); 417 

### (a) & 

### (b): Maintenance inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in the subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Red Wing Aerial Photography. Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as referenced in the Red Wing Aerial Photography Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods oftime. Ifmechanical issues arise, the sUAS
can land immediately even ifoperating at a maximum of 1200 feet AGL. As provided in the Red Wing Aerial Photography Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.


### ProfessionalAerialPhotographers Association-InternationalSection 333 Doc 15-015

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Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. 

### § 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 

### §§ 61.113(a) 

### & (b); 91.7 (a); 91.9 (b) (2); 9l.I03(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) 

### (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) in aerial photography operations. Approval of exemptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. and powered by batteries eliminates vittually all ofthat risk given the reduced mass and lack ofcombustible fuel carried
on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small sUAS, weighing less than 20 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with manned aircraft operating in close proximity to the ground and people. 

### Privacy All flights will occur over private or public property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise having agreed to be in the area where aerial photography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS in the aerial photograR · dustry pursuant to the Manual appended hereto.



### Professional AerialPhotographers Association-InternationalSection333 Doc 15-015