Baglio Photography Group, LLC 3 Courtney Lane Brewster, New York 10509 631 255 1693 larry@bagliophoto.com

June 12, 2015
Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor, Room W12-140 Washington, DC 20590
Re: Request for exemption under Section 333 of the Reform Act from 14 CFR Part 21 Subpart H; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e)(4 ) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a); 14 CFR 91.7(a); 14 CFR 91.9; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a)(1); 14 CFR 91.203(a) & (b); 14 CF R 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) & (2); 14 CFR 91.417(a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Baglio Photography Group, LLC (“BPG”) hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial use of its unmanned aircraft system (“UAS”) so long as such operations are conducte d within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.
As detailed below, the requested exempti on would permit the operation of a UAS under controlled conditions in the Nati onal Airspace (“NAS”) that woul d be (a) limited, (b) controlled, (c) predetermined, and (d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft . Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish re quirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

1. Name and mailing address, plus any other co ntact information such as a fax number, telephone number, or email address.
The name, address, telephone number, a nd email address of the applicant are:
Baglio Photography Group, LLC 3 Courtney Lane Brewster, New York 10509 Tel: 631 255 1693 Email: larry@bagliophoto.com

2. The specific section or sections of 14 CFR from which BPG requested an exemption.
BPG requests exemption from the following FARs:
14 CFR Part 21 Subpart H 14 CFR 61.23(a) & (c)2 14 CFR 61.101(e)(4) & (5) 14 CFR 61.113(a) 14 CFR 61.315(a) 14 CFR 91.7(a) 14 CFR 91.9 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151(a)(1) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(1) & (2) 14 CFR 91.417(a) & (b)

3. The extent of relief you seek and the reason you seek the relief.
BPG seeks exemption from the listed FARs to the extent necessary to allow BPG to operate a UAS for commercial purposes incl uding (but not limited to) the following:

• aerial photography and/or vi deography for public and/or private use, including real estate, architecture, land survey ing, engineering, and other related professional activities;

• aerial photography and/or videography for public and/or private use including television, public events, private events , cinematography and news gathering;

• aerial inspection and/or photography of resi dential and/or comm ercial structures under contract with the owners;

• aerial inspection and/or photography of residential and/or commercial utility infrastructure including, but not limited to, electrical power lines, wind turbines, and cell towers; and

• aerial photography and/or videog raphy and/or live video feed to assist with search and rescue operations in cas es of emergency or natura l disaster only when the local authorities or government has reques ted such assistance by contract or donation.
BPG requests exemption from the following FARs since it is not possible to fully comply with them, and attempting to follow them fo r the purposes of operating a UAS would be a burden:
**14 CFR Part 21, Subpart H** Subpart H establishes the procedural require ment for the issuance of airworthiness certificates as required by FA R 91.203(a)(1). Given the size and limited operating area associated with the UAS to be utilized by BPG, an exemption from Part 21, Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Ac t (49 USC 44701(f)) and Section 333 of the3 Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and popu lated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

**14 CFR 61.23(a) & (c)** These regulations set forth the medical cer tificate requirements in connection with aircraft operations. BPG requests exemption from these FARs because obtaining and maintaining a medical certificate will not im prove the safety of operations of a UAS. The risks associated with the ope ration of the proposed UAS as significantly diminished as compared with operations of a manned aircra ft because (a) the UAS’s size, weight, speed and operational capabilities make it much sa fer than any manned aircraft, (b) operations will occur in tightly controlled and limited airspace over private property clear of all people, and (c) the UAS will not carry neither any flammable fuel nor any crew or passengers. As a result, an equi valent level of safety can be achieved without obtaining a medical certificate.

**14 CFR 61.101(e)(4) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a)**  These regulations state that none of a recreatio nal pilot, a private pi lot, or a sport pilot may act as PIC of an aircraft for compensation or hire or in furtherance of a business. In light of the myriad other safeguards which PICs are required to meet hereunder, as well as the numerous ways in which the proposed UAS mitigates risks associated with other UAS or manned aircraft, BPG requests exempti on from these FARs so as to allow a PIC holding a recreational, priv ate or sport pilot certificate to operate a UAS for compensation and hire, subject to the conditio ns and limitations set forth herein. This exemption is consistent with a number of the FAA’s previous grants of exemption.

**14 CFR 91.7(a)** This regulation requires that no person may op erate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the UAS (assuming such exemption is granted), no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equi valent level of safety will be provided. In addition, the PIC will be responsible for determin ing that the aircraft is in condition safe for flight.

**14 CFR 91.9** This regulation provides that no person may operate an aircra ft unless a current, approved flight manual is in the aircra ft. BPG requests an exemption to this requirement as the UAS cannot, given its size, carry the flight manu al. To meet an equivalent level of safety, we propose to have the current manufacturer’s flight manual and the BPG flight manual at the operational ground station of each flight , available to both the PIC and the Visual Observer.4 **14 CFR 91.109** This regulation provides that no person may operate a civil ai rcraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functional dual controls. UASs and remotely piloted airc raft, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft vi a radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experime ntal aircraft. The equivalent level of safety will be provided for by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size a nd speed of the aircraft.

**14 CFR 91.119(c)** The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UAS will be operating at a maximum 400 feet above ground level (“AGL”), BPG cannot comply with this requirement and thus re quests exemption. Overall, BPG believes that the restrictions, conditions and limitations set forth herein and the UAS’s small size, light weight, low maximum speeds, and high degree of maneuverability and stability combine to provide an equivalent level of safety compared to manned aircraft.

**14 CFR 91.121** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available befo re departure”. As the UAS will not have a barometric altimeter, but instead a GPS altitude read out, an exemption from this FAR is needed. An equivalent level of safety will be achieved by the PI C by confirming the altitude of the launch site shown on the GPS altitude indicator flight.

**14 CFR 91.151(a)(1)** This regulation prohibits an individual from beginning a fl ight “under VFR conditions unless (considering wind and fo recast weather conditions) ther e is enough fuel to fly to the first point of intended landing, and, a ssuming normal cruising speed – (1) During the day, to fly for at least 30 minutes”. The battery powering the UAS provides approximately 20 minutes of powered flight , which makes it impossible to meet the 30- minute reserve requirement in this FAR. The UAS is smart battery powered and continually transmits battery charge info rmation back to the ground station to be evaluated by the PIC. In accordance with the safety limitations set forth below, the PIC will not begin a UAS flight unless there is e nough available power for the UAS to operate for the intended operational time and to ope rate thereafter for at least five minutes.

**14 CFR 91.203(a) & (b)** This regulation provides that an airworthin ess certificate, with th e registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) prov ides that the airworthiness cer tificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. As the UAS is too small to carry documentation, does not have an entrance and does not carry a crew, this regulation cannot be met and BPG request s and exemption. In or der to achieve an5 equivalent level of safety, BPG proposes th at all documents deemed appropriate by the FAA for this aircraft will be located at th e operational ground station for each flight in proximity to the PIC and the Visual Observer and will be availa ble for inspection upon request. In order to identify the aircraft, BPG proposes to use the manufacturer’s model and production codes located on the aircraft as well as appropriate registration numbers and the telephone number of the manufacturer and BPG affixed to the aircraft as well.

**14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a); 14 CFR 91.417(a) & (b)**  These regulations set forth various requireme nts and responsibilities for maintenance, inspections, and pre-flight inspections of ai rcrafts. BPG requests exemption from these FARs. Maintenance will be accomplished by the operator pursuant to the UAS manufacturer’s user manual. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. An equivalent le vel of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS manufacturer’s user manual. As further desc ribed herein, the PIC will ensure that the UAS is in working order prior to initiating flight and will perform required maintenance as needed.

4. How your request would benefit the public as a whole.
This exemption application is submitted to fulfill Congress’s goal in passing Section 333(a) through (c) of the Reform Act. This la w directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption, the FAA will fulfil l Congress’s intent of allowing UASs to operate with significant safety precautions in low risk environments.
Granting this exemption would benefit th e public as a whole. UASs offer a strong equivalent level of safety, as further de scribed herein, a reduction in environmental impacts, and are free from the harmful emissions associated with the manned aircraft that are currently used for aerial photography a nd videography. Due to the size of the UAS and the tightly controlled and limited airspace in which the UAS will operate, approval of this application presents no risk to the publ ic. Furthermore, the public will be able to legally acquire aerial photogra phy and videography to benef it a number of industry areas, including (but not limited to) real estate sales and marketing, exterior home inspections and inspections of other resi dential and/or commercial stru ctures, television, public and private events, and news gathering. The enhanc ed safety achieved using a UAS with the specifications described herein and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, supports finding this exemption to be in the public interest.

5. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule.
In making the determination as to whether certain UAS may operate safely in the NAS, the Secretary is required to determine whic h types of UASs do not create a hazard to users of the NAS or the public or pose a threat to nationa l security in light of the6 following: (a) the UAS’s size, weight, speed, and operational safety, (b) operation of the UAS in close proximity to airports and populated areas, and (c) operation of the UAS within visual line of sight of the pilot/operator.
BPG’s UAS is a DJI Phantom 3 Professional, a quadcopter weighi ng less than 3 lbs., significantly below the 55-lb. weight limit. The DJI Phantom 3 Pr ofessional operates under normal conditions at a speed of no more th an 16 m/s. It will opera te only in the line of sight of the PIC and will operate with the permission of the property owner or a representative. Such operations will insure that the UAS will “not cr eate a hazard to users of the national airspace system or the pub lic” as per the Reform Act Section 333(b).
BPG agrees to be bound by the following lim itations and conditions when conducting commercial operations of the UAS u nder the FAA issued exemption:

• The UAS will weigh less than 55 lbs.

• The UAS will have a maximum operating speed of no more than 16 m/s mph.

• Maximum total flight time for each operati onal flight will be 20 minutes. Flights will be terminated at 20% battery reserve should that occur prior to the 20-minute limit. Flights will not begin unless (c onsidering wind and forecast weather conditions) there is enough available pow er for the UAS to operate for the intended operational time and to operate after that for at least five minutes.

• Flights will be operated at an altitude of no more than 400 feet AGL.

• The UAS pilot will be a designated Pilot in Command (“PIC”).

• Minimum crew for each operation will consist of the UAS PIC and a Visual Observer, and such persons will be able to communicate verbally at all times during each operation.

• Flights will be operated within line of sight of the PIC and/or the Visual Observer.

• BPG will obtain written and/or oral permi ssion from the relevant property owners or representatives.

• If the UAS loses communication or loses its GPS signal, the UAS will have the capability and be programmed to return to a pre-determined location and land autonomously.

• The UAS will have the capability to a bort a flight in ca se of unpredicted obstacles, weather, or emergencies.

• All flights will occur in acco rdance with all applicable state and local laws regarding privacy.

• BPG will be responsible for maintaining a nd inspecting the UAS to ensure that it is in a condition for safe operation. BPG will follow the UAS manufacturer’s maintenance, overhaul, replacement, in spection, and life limit requirements for the aircraft and aircraft components.7 • Prior to each flight, the PIC will conduct a pre-flight inspection and determine that the UAS is in a condition for safe flight.

• A briefing will be performed regarding the planned UAS operations prior to each flight, and the PIC will follow the fo llowing minimum pre-flight checklist:

o confirm transmitter firmware is up-to-date;

o confirm drone firmware is up-to-date;

o inspect UAS for obvious defects;

o confirm batteries are fully charged;

o confirm propellers are tightened and/or locked;

o confirm antennae are up;

o confirm transmitter is turned on;

o confirm UAS is turned on;

o calibrate compass;

o adjust minimum return height;

o clear frequency chosen;

o place UAS in safe launch a nd recover position; and

o confirm area cleared of people not part of UAS operations.
The foregoing limitations provide for a level of safety at least equivalent to the level of safety precautions under the curre nt regulatory structure. Togeth er with the small size of the UAS and the limited environment within which it will operate, BPG falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow comme rcial operations of UASs to commence immediately. In addition, due to the size of the UAS and the limited areas within which the relevant UAS will operate, approval of the requested exemptions does not and will not present any nationa l security concerns.
BPG’s owner, Lawrence Baglio, is a member of the Academy of M odel Aeronautics. In addition, Mr. Baglio participated in DJI’s 2015 “New Pilot Event” where he learned about the UAS’s outstanding sa fety features, experienced basic flight control and maneuvers under the guidance of an experien ced instructor, and was introduced to the recommended pre-flight checklist and safe ope rations procedures. BPG is a registered business, owned and operated by Mr. Baglio for over seven years without any safety incidents.

6. A summary we can publish in the Federal Register stating (a) the rule from which you seek the exemption and (b) a brief description of the exemption you seek.8 Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determin ed that such publication is needed.
Applicant seeks exemption from the followi ng rules: 14 CFR §§ 14 CFR Part 21 Subpart H; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e) (4) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a); 14 CFR 91.7(a); 14 CFR 91.9; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a)(1); 14 CFR 91.203(a ) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) & (2); 14 CFR 91.417(a) & (b) to commercially operate a small unmanned aircra ft system (55 lbs. or less ) equipped to conduct aerial photography and videography services.
Approval of exemptions allowing commercial operations of UASs to conduct aerial photograph and videography services will enha nce safety by reducing risk associated with conventional photography operations using je t or piston power aircraft at extremely low altitudes, often very close to the subj ect being filmed and in close proximity to people and structures, and othe r risks associated with vehicles that exceed 3000 lbs., carrying large amounts of fuel and carrying ma nned crews. In contrast, a UAS weighing less than 55 lbs. and powered by batteries eliminates virtuall y all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the location. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation of UASs, weighing less than 55 lbs., conducted in conditions outlined above, will provide an equiva lent level of safety supp orting the granting of the exemptions requested herein. Th ese lightweight aircraft operate at slow speeds, close to the ground but under 400 feet AGL, and within a limited area and, as a result, are far safer than conventional flight operations conducted with turbine helicopte rs operating in close proximity to the ground and people.

7. Any additional information, views, or argu ments available to support your request.
Attached hereto as Appendix A is a copy of the DJI Phantom 3 Professional User Manual.
BPG believes that the exemption requested herein is similar in all material respects to a number of exemptions requested and grante d by the FAA, including the following Grants of Exemption: No. 11062 to Astraeus Aeri al; No. 11109 to Clayc o, Inc.; No. 11112 to VDOS Global, LLC; No. 11213 to Aeryon Labs, Inc; No. 11594 to RDX Aerial Media, LLC; and No. 11667 to iFly Media Productions, LLC. Further, the requested exemption (a) satisfies the criteria in Section 333 of the Reform Ac t of 2012 in respect of size, weight, speed, operating capabilities, proxi mity to airports and populated areas, and operation within visual line of sight of and national security and (b) is in the public interest as described herein.
Based on the foregoing, BPG has provided more than adequate justification for the granting of the requested exemptions allowing commerci al operation of BPG’s UAS in the aerial videography and photography services industry.9 Sincerely,

Baglio Photography Group, LLC By: Lawrence Baglio, OwnerAppendix A

DJI Phantom 3 Professional User Manual

Available for download at http://www.dji.com/product/phantom-3/download

.