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. 
III. Relevant Statutory 

ut

y 

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. 
All of the equipment owned by Fotofly is of the highest quality gea

p

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) 
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. 
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. 

2See 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 ). 
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. 
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; 
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. 
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. 
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. 

5See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22). 

6See 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 an autopilot 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." 
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 the FAUAS 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). 

7See 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." 

8See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13). 
• 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. 
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 

12Exemption No. 11062 (FAA Docket No. F AA-20 14-0352). 
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: 

13See Id. at 13-14, 22. 
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 the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapproved 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. 
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 

15Relieffrom § 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). 
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 

below17, (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 

16See 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." 

17Ifthe 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. 

18See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 
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). 
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. 
powered vehicles. 

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS 

provide an additional economic tool for the aerial filming notwithstanding the industry, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft.22 The quality of the finished product is enhanced and provides a greater finished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production; therefore, given the lower cost, 

owner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC's. 

VIII. PRIVACY 

All FA-UAS operations will be conducted in accordance with applicable federal, state, and local 

laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to I4 C.F.R. Part II, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title I4 ofthe Code ofFederal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a) (1); 

91.409(a) (1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with 

21See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an on board pilot, in addition to other on board 

crewmembers, as necessary. The petitioner's UAs will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. 

Risk to an on board pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial 

filming operation." 

22See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (F AA-20 14-0794 at 18). 
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Act of 20 I 2 which includes weight; speed; operating capabilities; proximity to airports and 

populated areas; operation within VLOS and national security. The proposed FA-UAS operations 

will benefit the public as a whole by improving safety and reducing risk by alleviating human 

exposure to danger while lowering the attendant related costs thereby increasing the demand for 

the finished product. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with more than adequate justification for granting the requested exemptions allowing 

Fotofly to use small FA-UAS s in the recorded production of its product. 

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

Respectfully Submitted, 

Gerald F. Howell, Jr. 

Fotofly Aerial Media Services 

6 Radnor Lane 

Oakville, CT 06779 

Phone: 203.560.5 I I 5 

Email: jerryhoweii7I @yahoo.com 

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U .S.C. § 522 et seq., and should be held in a 

separate file pursuant to I 4 C.F.R. § I 1.35(b )). 

Attachments: 

I. General Operations Manual 

2. PIC Operating Manual 

3. Company Protocols 

4. Location Protocols 

5. Flight Communications Protocols 

6. Departing Location Protocols 

7. Transmitter Protocols 

8. Preflight Checklist 

9. Post Flight Checklist 

I 0. Equipment Checklist 

I I. UAS Manufacturer's Manuals 

a. User Manuals 

b. UAS Maintenance Manuals