May 29, 2015

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from certain parts of the FARs.

Dear Administrator Huerta:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Peter Spero a licensed pilot and skilled UAV operator, hereby applies

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow him to operate

a small Unmanned Aircraft System (“sUAS”) under the conditions and limitations set forth in

this petition.

The requested exemption would permit the commercial operation of small, unmanned sUAS

under controlled conditions in airspace that is limited and predetermined for aerial imaging for

safety, monitoring, inspecting and/or recording secured and controlled environment and

photography for marketing media. Approval of this exemption would thereby enhance safety

and fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe

operation of such aircraft systems in the national airspace system.” Section 333(c) of the

Reform Act.

The name and address of the applicant is:

Peter Spero

1344 Sunnyside Ave.

Highland Park, IL. 60035

847-902-9590

Peter@SperoMusic.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

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14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b) 3

The Appendix describes the FARs from which an exemption is requested and summarizes the

justification for each requested exemption.

The petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the

Reform Act, which directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Administrator must determine which types of UASs do not create a hazard

to users of the NAS or the public or pose a threat to national security in light of the following:

● The UAS’s size, weight, speed, and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in

the national airspace system.” Id. § 333(c) (emphasis added).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its

regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which

includes sUASs. The Administrator may grant an exemption from a requirement of a

regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716

of the Federal Aviation Act if Administrator finds the exemption in the public interest. 49

U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).

The petitioner is a professional videographer who earns his living developing creative

marketing media using a variety of professional video equipment. He gathers video images

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and video photography data for construction companies, municipalities and charitable

organizations.

The wide availability of small Unmanned Aircraft Systems, also known as “microdrones,”

capable of carrying high-quality video cameras and priced at affordable levels intrigued the

petitioner. His entire professional career has involved exploring new technologies and

adapting them to capture good imagery to inform the public. In July 2013, he bought a DJI

Phatom 2, installed a three axis gimbal and a GoPro camera and has flown it for total of 50

hours over remote wooded areas northern Illinois and southern Wisconsin for recreational

purposes, exploring the potential and the limitations of its video subsystem. Since then the

petitioner has purchased a DJI Inspire 1 with 3 axis gimbal and DJI proprietary camera and

done similar testing in remote locations in northern Illinois and southern Wisconsin.

The petitioner is pleased with the quality of the imagery captured and has edited it into a

number of photographic vignettes that meet his high standards for technical quality and

artistic merit.

Now, a number of people, some professional colleagues and some strangers, have heard

about petitioner’s activities and have seen the results and are pressing petitioner to undertake

additional microdrone photography for compensation.

Petitioner has been advised by counsel that this is not now permissible unless he obtains

special permission from the FAA. Many competitors of petitioner are actively flying sUAS to

conduct aerial photography for commercial purposes, notwithstanding the FAA’s stated

prohibition. He also notes and has read the congressional mandate in sections 332 and 333

of the FAA Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate

the economic and societal benefits that can result from widespread deployment of sUAS

technology. Accordingly, petitioner applies for authorization under the Federal Aviation Act,

and the FARs rules to undertake the following activities for commercial purposes. Unless the

Petition is granted, petitioner will be at a significant competitive advantage if he, as he prefers,

complies with FAA policy.

Vehicle

The petitioner will fly a DJI Inspire 1 equipped with a three-axis gimbal and proprietary

camera.

This vehicle has built in capability to limit the height it flies above the ground, to limit the

radius of the distance it flies from the operator, and to exclude it from a five mile perimeter

around class B, C, and D airspace. The vehicle also has the built-in capability to return to the

launching point if the wireless control link is interrupted or if the operator attempts to exceed

any of the height, radius, or airspace limitations programmed into it.

The vehicle weighs about five pounds empty and has a maximum gross weight of

approximately twelve pounds. It has a top speed of about 30 knots. It has four fixed pitch

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rotors, thrust from which is varied by changing motor RPM. It is powered by a lithium polymer

battery.

Flight profiles

The petitioner will program the DJI Inspire 1 so that it will not fly above 400 feet above ground

level, or more than 1500 feet away from him. He will carefully preflight the vehicle before each

mission to assure that its compass and GPS system are properly calibrated and that the

return-to-home feature, altitude, and radius limitations work.

The petitioner will operate it on aerial photography missions only with the expressed consent

of the hiring party, as well as other incidental parties within the vicinity. He will operate it only

over largely unpopulated areas where the potential of uncontrolled descent to cause injury or

damage is low. He will not operate it in controlled airspace. In the unlikely event that a

manned aircraft flies below 400 feet AGL where the petitioners operating hisDJI Inspire 1, he

will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft.

More particularly, the Petitioner will fly the DJI Inspire 1 only over the following types of areas

with a human spotter with visual contact on the DJI Inspire 1 for all flights. The petitioner

would use the light weight UAS in the following areas of commerce:

● Farm/Crop property to provide valuable information to farmers on crop condition,

irrigation proficiency

● Over lines of railroad and rail classification yards for the purpose of safety inspections

● Over lakes, outward of the shoreline to determine shore erosion

● Utility inspections for powerlines, chimneys and structural defects

● Site development to create high resolution scalable overhead photography of a

property for us by engineers, architects, designers and landscape architects in

evaluating the best use for developing properties for remodeling or renovation

especially commercial buildings were equipment is located on the roof would also

benefit from HD photos that document the equipment and its location. Currently

Google Maps are useful for such endeavors but only with a very low resolution

overhead photo of such properties

● Development and construction sites to record construction defect investigations,

progress of large developments and to observe and document job site safety

● Over nonresidential and noncommercial large-scale industrial areas

● Over private property when he has been commissioned by the person in legal

possession of the property to do so

● There are many other areas that sUAS wound be a safer, accurate and less

expensive alternative to current commercial services but the petitioner would be

specifically interested in the areas mentioned above

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Petitioner will only operate the DJI Inspire 1 under a current private or sport pilots license,

during Visual Meteorological Conditions Only, and after receiving the expressed consent of all

parties incidental to the occurring operation.

Petitioner will, during all UAV flight operations monitor local manned air traffic radio

communications frequencies to maintain situational awareness of traffic in the NAS.

The petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform

Act relating to size, weight, speed, operating capabilities, proximity to airports and populated

areas and operation within visual line of sight and national security. The Petition justifies grant

of the requested exemptions allow the Petitioner to obtain aerial photography with his

microdrone.

Respectfully submitted,

Peter Spero

1344 Sunnyside Ave.

Highland Park, IL. 60035

847-902-9590

Peter@SperoMusic.com

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Appendix

FAR section Subject Justification

14 CFR Part 21 Aircraft certification

requirements and procedures

Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

14 CFR § 45.23(b) Requirement to display

registration number on

vehicle

Insufficient space on vehicle

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements designed

for manned aircraft, not sUAS;

petition describes training for

sUAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

14 CFR § 91.9 (b) (2) Requirement for manual to be

available in the cockpit

No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls

during flight instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for safe

flight

Safety requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) &

(b)

Requirement for registration

and airworthiness certificates

to be onboard

No one aboard to read

certificates

14 CFR § 91.205(b) Cockpit instruments

requirement

No one aboard to read

instruments

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14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful

load; will be operated below

ATC radar coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

14 CFR § 91.407(a) (1) Inspection approval

requirements

Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

14 CFR § 91.417 (a) &

(b)

Maintenance records

requirements

Designed for manned aircraft;

not suitable for off-the-shelf

sUAS

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