September 24, 2015 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington,
DC 20590 Re: Petition ofFotofly Aerial Media Services for an Exemption Pursuant

to Section 333 ofthe FAA Modernization
and Reform Act of2012 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, Fotofly Aerial Media Services ("Fotofly") hereby applies for an exemption from 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 of conducting aerial photography and videography
for real estate marketing, land surveying, mapping and inspection and large outdoor events. This petition for exemption

is made based on information outlined

in this Petition for Exemption, as well as the accompanying Fotofly documents. 1. Flight Operations Manual and; 2. Operations Manuals (Collectively referred
to as Operations Manuals") 3. User Guide and; 4. Flight Manual

1 (Collectively referred
to as "Manufacturer's Manual"). Fotofly 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 Fotofly has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that

are not generally available

to the public and are protected from release under the Freedom oflnformation Act,
5 U.S.C.



### § 552 et. seq. For your convenience, this Petition

is organized

as follows: 

### I. Description

of Petitioner 1 The tenn "Manufacturer's Manual" also includes
all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service infonnation letters and, safety/service bulletins.

# U.S Department ofTransportation September 24, 2015 Page
2 

# II. Description

of Proposed Operations A. Aerial Photography and Videography
for Real Estate Marketing, Land Surveying, Mapping and Inspection and Large Outdoor Events 

# III. Relevant Statutory Authority IV. Copter Source's 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)(l) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. 

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

§ 91.405(a), 91.407(a)(l), 91.409(a)(l) 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 Limitations 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.

§ 91.1 09(a): Flight Instruction 1. 

# 14 C.F.R.

§ 91.ll9(c): Minimum Safe Altitudes K. 14 C.F.R.

§ 91.121

: Altimeter Settings L. 

# 14 C.F.R.



# § 91.15l(a): Fuel Requirements

for Flight in VFR Conditions 

# Vl. Drug and Alcohol Program VII. Public Interest VIII. Privacy IX. Federal Register Summary X. Conclusion I. 

# DESCRIPTION

OF PETITIONER Fotofly, based in Oakville, CT provides aerial photography and videography
for real estate marketing, land surveying, mapping and inspection and large outdoor events. The Company's Principal and Chief Pilot Gerald Howell, Jr. has been flying UA V Quadcopters

as a hobby for more than six years without incident, spending thousands
of hours flying.

# U.S Department ofTransportation September 24, 2015 Page
3 Upon the grant of the 333 Exemption the Fotofly will specialize

in aerial digital photography and videography real estate industry as well as large outdoor events. Its staff are well trained and experienced

in providing support
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 Fotofly

is of the highest quality gear and has been able to provide these services safely and without any claims or incident. Fotofly's goal is to advise the perspective client that Fotofly

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. Fotofly seeks an exemption

to allow aerial digital photography and videography
for real estate, mapping and agriculture inspection services. The contact information
for Petitioner

is as follows: Gerald
F. Howell, Jr. Fotofly Aerial Media Services 6 Radnor Lane Oakville, CT 06779 Phone: 203.560.5115 Email: jerryhowell71 @yahoo.com 

# II. DESCRIPTION

OF PROPOSED OPERATION Fotofly seeks an exemption pursuant

to Section 333 of the Reform Act to operate

a Blade Chroma (referred

to as FA-UAS) (all under 551bs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions
on private property where Fotofly 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 Fotofly's Operations Manuals. As detailed

in Fotofly's 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 from an airport reference point. Moreover, Fotofly's Operations Manuals incorporate redundant safeguards

to assure the aircraft does not travel outside the controlled area ofUAS operations, including GPS "geo-fencing" technologies. 

# A. Aerial Photography and Videography
for Real Estate Marketing, Land Surveying, Mapping and Inspection and Large Outdoor Events Fotofly seeks to use small
F A-UAS for the purpose of providing aerial digital photography and videography
for real estate, surveying, mapping, inspection and large outdoor events for their client base. Fotofly has purposefully tailored its operations

to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate industry, including: • Trudeau, Realtor® (Exemption No. 11138) • Alon Sicherman (Exemption No. 11728) • Sokoler Medly (Exemption No. 11341) • Jared Oleson (Exemption No. 12682)

# U.S Department ofTransportation September 24, 2015 Page4

• Rick Doyle Photography (Exemption No. 12681) • Raven Executive (Exemption No. 12639) 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 ofthe UAS; VFR conditions,

at altitudes below 400' above ground level ("AGL"). As set forth below, Fototly's 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 performing the same function. Videographer-inspectors

also frequently need to climb rooftops, trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls, electrocution

or other work related injuries.
In addition, depending
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 conditions. The use ofF A-UAS mitigates these hazards and is ultimately

a much safer and cost efficient method of performing these and most other types of inspections. Moreover, conventional 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 this 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 consumers

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 333(a) through (c) of the FAA Modernization
and Reform Act of2012 ("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 Reform Act, the FAA Administrator

is to permit unmanned aircraft systems
to operate
in the National Airspace Systems ("NAS") where

it is safe to do so based 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 ofthe UAS within the visual1ine
of sight ofthe operator.U.S Department ofTransportation September 24, 2015 Page
5 Additionally,
the FAA Administrator
has general 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.

§ 1 06(t) (defining the authority of the Administrator);

49 U.S.C.

§ 44701(t) (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 would provide

a level of safety at least equal to the existing rules). See 14 C.F.R.

§ 11.81 (petitions for exemption). 

### IV. FOTOFLY'S PROPOSED FA-UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT The small FA-UAS operations proposed
by Fotofly
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 Based on the UAS's Size, Weight, Speed, and Operational Capability A Grant of Exemption

is appropriate
for operations conducted using the UASs due to their size weight, speed, and operational capability. • The FA-UAS utilized by Fotofly has been approved for use in prior Section 333 Grants of Exemption from the FAA.

2 • The FA-UAS weighs less than 55 pounds, including payload • The FA-UAS will not be flown at a ground speed in excess of 50 knots. • Altitude information will be generated
by equipment onboard the UAS 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 FA-UAS will have system redundancies 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 UASs to return to a predetermined location and safely land without injury or damage. • The radio frequencies used for operations and control of the FA-UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the FA-UAS is 2.4 GHz frequency bands. 2 See e.g., Grant of Exemption

to Trudeau, Realtor® (Exemption No. 11138); Grant of Exemption

to Alon Sicherman (Exemption No. 11728); Grant of Exemption

to Sokoler Medly (Exemption No. 11341

).U.S Department ofTransportation September 24, 20 15 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 theFAUAS and
a helicopter significantly reduces the potential harm to the participating andnonparticipating 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 Warranted Based on the Operational Restrictions Set Forth in Fotofly's Operations Manuals Operations Manuals and the Manufacturer's Manual for the selected FA-UAS will contain all the procedures and limitations necessary

to safely and successfully perform the operations specified in this Petition for Exemption.
To assist the FAA in making

a safety assessment
of Fotofly's proposed operations, below
is a summary of operational limitations and conditions that Fotofly will adhere to, and which will ensure an equivalent

or higher level of safety to operations conducted under current regulatory guidelines: 1. The FA-UAS weighs less than 55 pounds, with payload. 2. All operations shall be conducted over private or controlled-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 under 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 FA-UAS, and one or more Visual Observers ("Observer")

as necessary

to safely conduct the mission. 5. PICs shall possess either

a private, recreational,

or sport pilot certificate. The PIC must also hold

a current Class III medical certificate
or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico,

a territory,

a possession,

or the Federal government. 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 FA-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 certificate. 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 ofTransportation September 24, 2015 Page
7 9. The additional requirements identified

in the Grant of Exemption shall be added to the Fotofly's 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 Exemption and Fotofly's Operations Manuals, the conditions and limitations

in the Grant of Exemption shall take precedence and must be followed. Otherwise, Fotofly shall follow the procedures outlined

in their Operations Manuals. 10. Fotofly 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. Fotofly will also present an updated and revised Operations Manuals

if it petitions for extension
or amendment

to its Grant of Exemption.

If an update or revision would affect the basis upon which the FAA grants the exemption, Fotofly will seek an amendment

to its Grant ofExemption. Fotofly will contact the FAA's UAS Integration Office (AFS-80)

if questions arise regarding updates
or revisions
to the operating documents. 11. Fotofly Operations Manuals and its Grant of Exemption will be available

to the PIC at the ground control station anytime the F A-UAS

is operating. 12. The PIC is prohibited from beginning

a FA-UAS flight unless (considering wind and forecast weather conditions) there
is 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. 13. Maximum total flight time for each operational flight using the FA-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 structure 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 nonparticipating 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 the 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 immediately and/or; b. The aircraft

is operated near vessels, vehicles
or structures where the owner/controller

of such vessels, vehicles
or structures has granted permission and the PIC has made

a safety assessment
of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;U.S Department

of Transportation September 24, 2015 Page

8

c. Operations nearer to the PIC, YO, operator trainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 16. The FA-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 FA-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 NOT AM as required by the Fotofly COA. The letter of agreement with the airport management will be made available

to the Administrator upon request. 18. Prior to each flight the PIC shall inspect the FA-UAS
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 covered

in the relevant sections of the operating documents

as well as equipment updates. The PIC shall not operate any FA-UAS

if the inspection reveals

a condition that affects the safe operation
of the FA-UAS until the necessary maintenance
has been performed and the FA-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 Fotofly's Operations Manuals. 19. Fotofly 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 FA-UAS records, including total time in service, description
of work accomplished, date completed and the signature
of the authorized person returning the FA-UAS
to service. 20. Any FA-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 Fotofly's Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures
for a functional test flight and FA-UAS record entry shall be included

in the Fotofly's Operations Manuals. 21. The FA-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 Fotofly's Operations Manuals. 23. Fotofly will obtain an Air Traffic Organization ("ATO") issued Certificate
of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption.

A NOT AM will be issued as required by the COA. 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.U.S Department ofTransportation September 24, 2015 Page
9 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 FA-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 Joss of communication between the PIC and the Observer. 27. The FA-UAS will have the capability

to safely abort flight in the case ofunpredicted obstacles
or emergencies. 28. PICs and Observers will have at least

a current 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, in 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

1 0 hours logged as a UAS pilot with

a similar FA-UAS type platform. This requirement can be achieved
by flights conducted and Jogged 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 ofFA-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 FA-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. FA-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited. 34. The FA-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 control ofthe FA-UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.U.S Department ofTransportation September 24, 2015 Page 10 

### V. REGULATIONS FROM WHICH EXEMPTION

IS REQUESTED The Federal Aviation Act expressly grants the FAA the authority

to issue exemptions. This statutory authority,
by its terms, includes exempting civil aircraft,
as the term is defined under



### § 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 Fotofly seeks an exemption from several interrelated provisions ofTitle
14 ofthe Code of Federal Regulations

(" 14 C.F.R") Parts 21, 45

, 61 and 91 for purposes of conducting the requested operations using FA-UAS platforms noted above. Listed below are: (I) 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 equal 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 FAA 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 Fotofly's use of the FA-UAS

is safe when taking into account its size, weight, speed, and operational capability

. As set forth in the description
of proposed operations

in Section IV (A), the FA-UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of 50 knots. The FA-UAS

is also equipped with safety features which will allow Petitioner

to operate the FA-UAS safely after experiencing certain in-flight contingencies

or failures
as noted below.

6 7 Additionally,
the FA-UAS carries neither pilots nor passengers, carries 3 49 U

. S

. C
. § 4470

I (f) (authorizing
the grant of exemptions from requirements

of regulations prescribed pursuant

to Sections 4470l(a) and (b) and Sections 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 provided
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 SIOOO] has the capability

to operate safely after experiencing certain in-flight contingencies

or failures and uses anautopilot 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 ofTransportation September 24, 20 15 Page 11 no explosive materials
or flammable liquid fuels, or other elements identified
by Homeland Security
as being prohibitive and operate exclusively within the parameters stated in Fotofly's Operations Manuals. Operations conducted under this exemption 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.

F otofly will also provide the FAA with advance notice of all operations via NOTAMs

as required by the applicable COA. In all cases, operation
of theFAUAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly, the FA-UAS 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 FA-UAS.

8 In addition,
no sense-and-avoid technology

is necessary for the FA-UASs because they will be operated
at all times in VFR conditions and within VLOS ofthe 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 Fotofly's small FA-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified

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 Fotofly seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382

at pgs. 4-5): The FA-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 the operator. The F A-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 and 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 F A-UAS
to detect

a system fault while in the air and automatically

fly 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 to 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 pressure, 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 Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352

at pg. 13).

# U.S Department

of Transportation September 24, 2015 Page 12 •
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 operator 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 applicable. • 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 determined 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 All FA-UAS flown by Fototly 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)(l), 91.409(a)(l) and (2); 91.417(a) and (b): Maintenance Inspections Fototly 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 prescribed

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 airworthiness certificate, which the UAS platforms

to be operated under this grant of exemption will not have. (Emphasis added) 

# Equivalent Level of Safety 10. FAA Docket No. FAA-2014-0352. I !See, e.g., FAA Docket No. FAA-2014-0352,

at 14.

# U.S Department ofTransportation September 24, 2015 Page 13 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 Fotofly's Operations Manuals, the PIC will conduct

a pre-flight inspection
of the FA-UAS and all associated equipment

to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified
to address any conditions potentially affecting safe operation
of the FA-UAS and no flights will occur unless, and until, all flight critical components

of the FA-UAS 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 Fotofly's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the FA-UAS aircraft records of the flight. Fotofly's Operations Manual also includes requirements

to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable 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 spare parts. Further, Fotofly's Operations Manuals also include procedures

to document and maintain

a record ofthe FA-UAS's maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the FA-UAS used under this Grant of Exemption.
As a whole, the maintenance and inspection procedures required

in Fotofly's Operations Manuals ensure that an equivalent

or higher level of safety will be achieved. 

# PILOT-IN-COMMAND

OF THE UAS E. 14 C.F.R.



# § 61.113: Private Pilot Privileges and Limitations Fotofly seeks exemption from 14 CFR


# § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation

or hire, and would also require

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 FA-UAS will be operated
as part of a commercial operation, they carry neither passengers nor cargo.
In the Grant of Exemption

to Astraeus Aerial, the FAA determined that the unique characteristics ofUAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have

a Commercial Pilot Certificate and Class III 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. 

# Equivalent Level of Safety The restrictions Fotofly has placed on its FA-UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Fotofly will operate on private property away from 12 

# Exemption No. 11062 (FAA Docket No. F AA-20 14-0352).U.S Department ofTransportation September 24, 2015 Page 14 persons and property not involved

in the operation. Fotofly will also obtain an ATO issued COA prior to conducting any 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 NOT AM will also be issued as required by the applicable COA. In addition
to these flight restrictions, Fotofly will further ensure safe operation
by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining

to all aircraft operators but also in the unique aspects of FA-UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in FA-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 Fotofly

. The pilot qualification, training, and currency requirements

in the Operations Manuals ensure that Fotofly pilots are competent and proficient

in the FA-UAS they are operating. Fotofly's 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 pilots 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 Inasmuch

as there will be no airworthiness certificate issued for the UASs, Fotofly 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 waived 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): Carrying 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 ofthis chapter, unless there
is available

in the aircraft

a current approved Airplane
or Rotorcraft 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: 13 See Id. at 13-14, 22.

# U.S Department ofTransportation September 24, 2015 Page 15 (I) An appropriate and current 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 entrance
so that it is legible to passengers

or crew. Given the small size and configuration

of the FA-UAS,

it would be impossible

to keep airworthiness documents and other aircraft manuals on board the FA-UAS because there
is simply no room and the FA-UAS has no cabin or cockpit. As a way to comply with the code Fotofly 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, and 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 ofthe unmanned aircraft has access to the UAS flight manual, registration certificate, and other required 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 Fotofly seeks an exemption from 14 C.F.R.

§ 91.103, which requires

a PIC to become familiar with specific information before each flight, including information contained

in theFAAapproved 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 anFAAapproved Flight Manual

is required. 

# Equivalent Level of Safety An equivalent level of safety will be provided
by following the Fotofly's Operations 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 Fotofly's Operations Manuals, including checklists covering Pre-Flight, Launch, 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. Fotofly's 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 14 

# Memorandum from Mark Bury, 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 Transportation September 24, 2015 Page 16 Fotofly seeks an exemption from 14 C.F.R.



### § 91.1 09(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 and 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 ofthe UASs that Fotofly intends
to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Fotofly's 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 Fotofly's Operations Manuals,
all flight training will be conducted

in controlled and sterile environment.

As a whole, the safety procedures provided for in Fotofly's 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 Fotofly requests
an exemption from the minimum safe altitude 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 with any routes or altitudes specifically prescribed for helicopters
by the FAA." An exemption

is required because the proposed

F A-U AS operation will normally need to occur below 400 feet AGL. In circumstances where the F A-UAS

is used to inspect

a structure whose height exceeds 400 feet AGL, the F A-UAS will not be operated more than

I 00 feet above the highest point on the structure, and within 50 feet horizontally

of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the F A-UAS. 

### Equivalent Level of Safety Compared

to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations

is far less than those which presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 15 Relieffrom

§ 91.119(a) will not be necessary because Petitioner will 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 be 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 ofTransportation September 24, 2015 Page 17 F A-UAS,
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 inspecting

a U.S

. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally

of the structure. As set forth in the Operations Manuals, the FA-UAS 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 persons, unless that person

is in a position where he or she is shielded from the FA-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 FA-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 Fotofly's Operations Manuals will ensure operations can be conducted without compromising public safety.

16 

### K. 14 C.F.R.



### § 91.121: Altimeter Settings Fotofly 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 is 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 equivalent level of safety to the requirements

of 14 C.F.R. §91.121 can be achieved

in circumstances where: (I) the UASs will be operated below 400 feet AGL or below

17

, (2) within VLOS, (3) where GPS based altitude information

is relayed
in real time to the operator
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 FA-UAS that Fotofly intends
to use for the proposed operations will meet all these operational characteristics. Moreover,

as required by Fotofly's Operations Manuals, the PIC will 16 See
e
. g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481

at 19): "If barriers or structures are present that can sufficiently 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 protection

. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern

is the safety of those nonparticipating persons.
In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller

of any such vessels, vehicles
or structures grants permission
for the operation and the PIC makes

a safety assessment
of the risk of operating closer to those objects and determines that it does not present an undue hazard." 17 Ifthe height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure. 18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352

at 21).U.S Department ofTransportation September 24, 20 15 Page 18 be required
to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the FA-UAS Fotofly 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 Fotofly requests
an exemption from 14 C.F.R.

§ 91.151 (a)'s fuel requirements
for flight in VFR conditions. Section 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 maintaining

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 Fotofly's intention

to fly the FA-UAS

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 FA-UAS flight unless (considering wind and forecast 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 FA-UAS 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 FA-UAS operating manual states: "start every flight with

a fully charged battery
in the aerial vehicle", and that in the event that the FA-UAS should run low on power, the PIC will be alerted and can safely land the- FA-UAS
as soon as possible. Like the VDOS Grant of Exemption, Fotofly's use of the FA-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 an 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. Fotofly will adhere to this limitation for its FA-UAS flights. 19. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382

at 10).U.S Department

of Transportation September 24, 2015 Page 19 The FA-UAS includes

a low battery warning system and the amount of battery reserve power remaining

is continuously transmitted

to the PIC via telemetric data feed, which downlinks from the FA-UAS
to a ground-based-on-screen display.

20 As required by Fotofly's Operations Manuals, the PIC will promptly fly the FA-UAS back to the home launch location orpredetermined abort location where

it may safely land, while still maintaining

a minimum
of 25% reserve battery power

. Fotofly submits that the procedures requiring flights to be safely terminated 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 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent

or higher level of safety to the public to that provided
by the regulations from which exemption

is sought. **~.** 

### DRUGANDALCOHOLPROGRAM Fotofly will have policies

in place to ensure that no person may participate

in FA-UAS flight operations

if they are under the influence of alcohol or any drug. **~1.** 

### PUBLIC INTEREST The public interest will be served by granting Fotofly's Petition for Exemption. Congress has established

a national policy 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 ofwhether certain UAS may operate safely in the NAS before completion
of the statutorily required rulemaking. The proposed FA-UAS operations

in this Petition for Exemption significantly improves the safety and reduces 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, unsuspecting passersby, inspecting engineers from relevant organizations
and all those who may be in the local vicinity. Traditional methods of providing surveillance and modeling services requires location personnel

to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual

is neither trained nor equipped

to perform, which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors

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 ultimately create

a much safer method of performing these types of inspections creating

a safer environment
for the public as well as Fotofly employees. The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands
of pounds, carrying crew in addition
to flammable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore,

in the unlikely event of 20. The FA-UAS ground control station displays, the UAS position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time

, and sensor heading and orientation relative to the UAS.U.SDepartmentofTransportationSeptember24,20I5Page20anaccident,Fotofly'ssmallbatterypoweredFA-UASpresentssignificantlylessdangertopersonsonthegroundwhencomparedtooperationsbyconventionalmannedaircraft.21AsPetitioner'sFA-UASarebatterypowered,thepublicwillalsobenefitfromareductioninharmfulpetroleumbasedemissionsassociatedwithconventionalaircraftperforminginthesamefunctionsproposedherein.Airqualitywillnaturallybeimproved withthereductionoffuelpoweredvehicles.Lastly,asrecognizedbytheFAAinpriorSection333GrantsofExemptiontofilmmakers,UASprovideanadditionaleconomictoolfortheaerialfilmingnotwithstandingtheindustry,addingagreaterdegreeofflexibility,whichsupplementsthecurrentcapabilitiesofferedbymannedaircraft.22ThequalityofthefinishedproductisenhancedandprovidesagreaterfinishedproductdemandwhichwillaidthecurrentUASindustryandprovideadditionaljobsasthecostofprovidingtheneededproductisgreatlyreducedwhilereducingthedifficultywithwhichthefinishedproductiscreated.Thedemandforthecurrentindustrialproductisincreasingandwillcontinuetoincreasegiventheenhancedflexibilityofproduction;therefore,giventhelowercost,owner/operatorsandothersintherelevantindustrywillbemoreinclinedtoutilizetheservicesofcommercialUASalongwithanappropriatelicensedPIC's.VIII.PRIVACYAllFA-UASoperationswillbeconductedinaccordancewithapplicablefederal,state,andlocallawsregardingprivacy.Alloperationsshallbeconductedoverprivateorcontrolled-accesspropertywithpermissionfromthelandowner/controllerorauthorizedrepresentative.Permissionfromlandowner/controllerorauthorizedrepresentativewillbeobtainedforeachflighttobeconducted.IX.FEDERALREGISTERSUMMARYPursuanttoI4C.F.R.PartII,thefollowingsummaryisprovidedforpublicationintheFEDERALREGISTER,shoulditbedeterminedthatpublicationisneeded:PetitionerseeksanexemptionfromthefollowingrulesinTitleI4oftheCodeofFederalRegulations:Part21,SubpartH;Part27;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).Theexemptionwillenhancesafetybyreducingrisktotheaircraftcrew,productioncrew,generalpublic,propertyownersandcitystructuresfromthesubstantialhazardsassociatedwith21SeeGrantofExemptionNo.11158toTeam5,LLC(FAA-2014-0783at12):"Mannedhelicoptersconductingaerialfilmingcanweigh6,000poundsormoreandareoperatedbyanonboardpilot,inadditiontootheronboardcrewmembers,asnecessary.Thepetitioner'sUAswillweighlessthan55poundswithnoonboardpilotorcrew.Thepilotandcrewwillberemotelylocatedfromtheaircraft.Thelimitedweightsignificantlyreducesthepotentialforharmtoparticipatingandnonparticipatingindividualsorpropertyintheeventofanincidentoraccident.RisktoanonboardpilotandcrewduringanincidentoraccidentiseliminatedwiththeuseofaUAfortheaerialfilmingoperation."22Seee.g.,GrantofExemptionNo.11178toPictureFactory,Inc.(FAA-2014-0794at18).U.SDepartmentofTransportationSeptember24,20I5Page2Iperformingequivalentfilmworkandaerialvideoproductionwithconventionalfixed-wingaircraft,rotorcraft,orothermethods.X.CONCLUSIONFotofly'sPetitionforExemptionsatisfiesthecriteriaarticulatedinSection333oftheReformActof20I2whichincludesweight;speed;operatingcapabilities;proximitytoairportsandpopulatedareas;operationwithinVLOSandnationalsecurity.TheproposedFA-UASoperationswillbenefitthepublicasawholebyimprovingsafetyandreducingriskbyalleviatinghumanexposuretodangerwhileloweringtheattendantrelatedcoststherebyincreasingthedemandforthefinishedproduct.Inconsiderationoftheforegoing,thisPetitionforExemptionprovidestheFAAwithmorethanadequatejustificationforgrantingtherequestedexemptionsallowingFotoflytousesmallFA-UASsintherecordedproductionofitsproduct.Wethankyouforyourpromptconsiderationofourrequestedexemptions.RespectfullySubmitted,GeraldF.Howell,Jr.FotoflyAerialMediaServices6RadnorLaneOakville,CT06779Phone:203.560.5II 5Email:jerryhoweii7I@yahoo.com(ThefollowingattacheditemscontainproprietaryandcommercialinformationexemptfromdisclosureundertheFreedomofInformationAct,5U.S.C.§522etseq.,andshouldbeheldinaseparatefilepursuanttoI 4C.F.R.§ I1.35(b)).Attachments:I.GeneralOperationsManual2.PICOperatingManual3.CompanyProtocols4.LocationProtocols5.FlightCommunicationsProtocols6.DepartingLocationProtocols7.TransmitterProtocols8.PreflightChecklist9.PostFlightChecklistI0.EquipmentChecklistII.UASManufacturer'sManualsa.UserManualsb.UASMaintenanceManuals