### 1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

W A SHINGTON

, DC

IN THE M A

TTER OF THE PETITION FOR EXEMPTION OF:

CLEARVIEW AERIAL IMAGERY

FO R A N EXEMPTION SEEKING RELIEF FRO M TH E REQUIREMENT S OF

TITLE 14 OF THE CODE OF FEDER A L REGULATION S

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A ND 91.417(a) & (b) CONCERNING COMMERCI A L OPER A TION
OF Requested UNMANNED A IRCR A FT SYSTEM S PURSU A NT TO SECTION 333 O F

THE F AA MODERNIZATION A ND R EFORM A CT OF 2012

(PUBLIC L A

W 112

- 95)

Submitted on January 7

, 2016

Stephen Buescher CLEARVIEW AERIAL IMAGERY 609 Hyak Way, Fox Island, WA 98333
609

- 760

- 2485

buescher22@gmail.com

### 2 T A BLE OF CONTENTS

Page

GL OSSARY OF ABBREVIATION S

................................................................................... ...... 3

SUMMAR Y

...................................................................................... .............................. ...... . . .. 4

I NTRODUCTION AND INTERESTS OF PETITIONER

..................................................... . ...... 4

BACKGROUND......................................................................................

. ..... . .............. . ........... . 4

BASIS FOR PETITION.

.................................................................................................. . ... . .... . 5

NAME AND ADDRESS OF PETITIONER......................................

. ................................. . .......6

THE SPECIFIC SECTIONS O F 14 C.F. R. FROM W HIC H CLEARVIEW AERIAL IMAGERY SEEKS EXEMPTI O N

. ............. . ............... ........................................................ .................. . ... . ... . 7

THE EXTENT OF RELIEF CLEARVIEW AERIAL IMAGERY SEEKS AND THE REASON CLEARVIEW AERIAL IMAGERY

, SEEKS THE RELIEF..........

. ...... ............................................... . ... . ............................................. . ... 1 0

THE REASONS W H Y GRANTIN G CLEARVIEW AERIAL IMAGERY REQUEST

WOULD BE IN THE PUBLIC INTEREST

.............................. . . ......... ...................................... .............. . . . ..13

THE REASONS W H Y GRANTIN G TH E EXEMPTIO N W OUL D NO T ADVERSELY AFFECT SAFETY.............................................................................................

. . ........16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..

. . ....... . ...... 3 0

ANY ADDITIONAL INFORMATION, VI E W S

, O R ARGUMENT S AVAILABL E TO

SUPPORT REQUE ST

. . ....... ..................... ............... ......................... ... ... ..... . . ..... . ... . ... 3 0

CONCLUSION....

............... .................... ............ ...... ........................ . .................... . ..... . . . . ..... . ... . 31

### 3 GLOSS A RY OF ABBREVIATIONS

AGL Above Ground Leve l

AOI Area of Interes t
AT C Air Traffic Contro l

AT O Air Traffic Organizatio n A V Aerial Vehicle

CF R Code of Federal Regulations

COA Certificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control St ation

GPS Global Positioning Syste m

LOL Loss of Link

NA S National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FA A Modernizatio n an d Refor m Ac t o f 201 2 (FMRA ) Section

333

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UA S Unmanned Aircraft System

VF R Visual Flight Rules

VLOS Visual Line of Site

V M C Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

### 4 SUMM A RY

CLEARVIEW AERIAL IMAGERY seeks exemption from the requirements o f 14 C.F .R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant

to Section 333 of the FAA Modernization and Reform Act o f 2012 (FMRA). This exemption

wi ll permit CLEARVIEW AERIAL IMAGERY to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estate, commercial properties, weddings, and landscape over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CLEARVIEW AERIAL IMAGERY works closely with emergency management organizations for the purpose of search and rescue operations, conducting large scale exercises, terrain mapping, vegetation health and fire assessments, performing and observing critical infrastructure, and conducts training and alternative equipment for explosive and hazardous material response teams. It also provides its clients wit h photography and video services o f properties and buildings f o r the purpose of adverti sing and promot ion , and records weddings, sports games, and other private and public events. Th e objective of CLEARVIEW

AERIAL IMAGERY and its aerial operations is to provide high quality imaging for a variety of commercial, publ i c, and residential uses, specifically targeting but not exclusive to :

 Emergency Management Operations, under mission

- specific COAs

• Residential Construction

• Real

- estate marketing

• Resort property marketing

• Wedding photograp h y

B A CKGROUND

Reque sted Unmanned Aircraft Systems

CLEARVIEW AERIAL IMAGERY seeks an exemption to operate the following aircraft,

henceforth “ R equested UAS”, f o r compensatio n o r hir e withi n th e NAS

. Th e Rotor

- Wing
Requested UASs are vertica l takeof f an d landin g (VTOL ) Unmanne d Aircraf t (UA ) wit h a

Groun d Contro l Statio n (GCS) utilizing electronic tablet, s m ar t phon e systems , or video

slaved controllers

. All requested rotor craft are battery operated, less than 55 pounds, fly at
not greater than 87 knots, and co mply with FAA regulations. All Requested Fixed Wing

aircraft are Unmanne d Aircraf t wit h a Groun d Contro l Statio n (GCS) utilizing electronic tablet,

### 5

s m ar t phon e systems , or laptop . All requested fixed

- wing craft are less than 55 pounds, fly at
not greater than 87 knots, and comply wi th FAA regulations.

Rotor Wing

 Blade 350 QX2 AP

 DJI Inspire 1

 DJI Phantom 2

 DJI Phantom 3

 DJI S1000

 Lily Quadcopter

 Parrot AR Drone 2.0

 Parrot Bebop

 Parrot Disco

 Robotics X8+

 Solo 3DR

 Tornado H920

 Typhoon 4K

 Typhoon Q500+

 Walkera QR X350 Pro GPS

 Walkera Scout X4

 Walkera Voyager 3

 Yuneec Typhoon H

Fixed Wing

 150217 Falcon

 Sensefly eBee

 Sensefly eBee Ag

 Sensefly eBee RTK

### 6 B A SIS FOR PETITION

Petitioner, CLEARVIEW AERIAL IMAGERY , pursuant to the provisions o f the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, S pecial Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the Requested UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113 ( a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned ai rcraft and its operation, CLEARVIEW AERIAL IMAGERY operation of
Requested UASs meets the conditions of FMRA Section 333 and therefore, will not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, CLEARVIEW AERIAL IMAGERY requests re lief from Sections 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth
requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

CLEARVIEW AERIAL IMAGERY submits that the requested relief i s proper since an equivalent level of safety will be ensured. CLEARVIEW AERIAL IMAGERY will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in t he operating documents (i.e., Monthly Maintenance Log, and Requested Instruction Manual).
Furthermore, CLEARVIEW AERIAL IMAGERY will document and maintain all maintenance

records for the Requested UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by CLEARVIEW AERIAL

IMAGERY to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum fligh t

- hour and currency requirements, that the PIC is able to safely operate the Requested UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and structur e

. The PIC will have completed the ground school portion of 14 CFR 141, which has equipped him with the knowledge of classes of airspace, visual flight rules VFR and all other knowledge need to operate in uncontrolled airspace.

### 1

CLEARVIEW AERIAL IMAGERY seeks relief from Section 91.7(a), entitled Civil aircraft

airworthines s , because the Requested UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CLEARVIEW AERIAL IMAGERY

subm its that he will ensure that the Requested UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly M a intenance Log, and Requested Instruction Manual), and that th e aircraft are in a condition for safe flight. He will utilize the pr eflight instructions to ensure airworthiness checks prior to each flight.

CLEARVIEW AERIAL IMAGERY al so seeks an exemption from the requirements of Section
91.121, entitled Altimeter Setting s , as th e Requested UAs will not have a typical barometric altimeter onboard. However, altitude information of the Requested UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, w h ic h downlinks from the UA to the G P S for active monitoring of the flight path. This altitude information, combined with CLEARVIEW AERIAL IMAGERY ’s operation o f the Requested UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Sec tion 91.121.

Additionall y
, CLEARVIEW AERIAL IMAGERY see k s a n exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR

conditions

. CLEARVIE W AERIAL IMAGERY submit s tha t safet y will not be affected by operation of the Requested UAs duri n g d aylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes to the f i rst point of intended landing and, assuming normal cruising speed, to f ly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, CLEARVIEW AERIAL IMAGERY provides the following information in support of its petition for exemption :

A

. Name A nd A

ddress Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Stephen Buescher CLEARVIEW AERIAL IMAGERY 609 Hyak Way, Fox Island, WA 98333
609

- 760

- 2485 buescher22@gmail.com

### 2

B. The Specific Sections Of 14 C.F.R. From Which CLEARVIEW AERIAL

IMAGERY Seeks Exemption.

1. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of Section 61.113(a) A nd (b).

Section 61.113, entitled Private pilot privile g es and limitations: Pilot in command

,
subsect ions (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for
compensation or hire; nor may that person, for co mpensation or hire, act as

PIC of an aircraft.

(b) A private pilo t may, for compensation o r hire

, ac t a s PI C o f a n aircraf t in

connection with any business or employment i f

— (1) The flight is only incidental to that bus i ness or employment; and

(2) The air craft does not carry passengers or property for compensation or hire.

2. CLEARVIEW AERIAL IMAGERY Seeks Exemption Fro m The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthines s
, subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. CLEARVIEW AERIAL IMAGERY Seeks Exemption Fro m The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter set t ings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight
level of that aircraft, as the case may be, by reference to an altimeter that is set,
when operating

-- (1) Below 18

, 000 feet MSL, t o

--

(i) The current reported altimeter setting o f a sta tio n alon g the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of
this section, the current reported altimeter setting of an appropriate

available station; or

(iii ) In the case of an aircraft not equipped with a radio, the elevation of

### 3 the departure airport or an appropriate altimeter setting available before
departure.

4. CLEARVIEW AERIAL IMAGERY Seeks Exemptio n Fro m The Requirements Of Section 91.151(b).

Section 91.151, entitled F uel requirements for flight in VFR conditions , subsection

(b), states the following:

(b) N o perso n may begi n a flight i

n a rotorcraf

t under VF

R conditions unless (considering wind and forecast weather conditions) there i s enoug h fuel t

o fly to

the first poin t o f intende d landin g and

, assumin g normal cruisin g speed, t o fly

after that for at least 20 minutes.

5. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The R equirement Of Section 91.405(a).

Section 91.405, entitled Maintenance require d , subsection (a), states t he following:

Each owner or operator of an aircraf t

— (a) Shal l hav e that aircraf t inspected a s prescribe d i n subpar t E o f thi s part and shal l

betwee n required inspections

, excep t a s provide d i n paragrap h (c ) o f this section,
have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Se ction 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or a l teration unless

-- (1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of Sections 91.409(a)(1) A nd 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

### 4 (a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft u nless, within the preceding 12 calendar months, it has had

-- (1) A n annua l inspectio n i n accordance wit h par t 4 3 o f thi s chapte r and has

been approved fo r retur n to servic e b y a perso n authorized b y § 43.7 o f this
chapter; or

(2) A n inspection fo r the iss uanc e o f an airworthines s certificate in

accordance with part 21 of this chapter.

8. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of Sections 91.417(a) A nd 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the

f ollowing:

(a) Except for work performed in accordance with §§ 91.411 and 91

. 413

, each
registered owner or operator shall keep the following records for the periods
specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maint enance, and alteration

and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records mus t include

-- (i) A description (or reference t o dat a acceptable t o th e Adminis t rator) of

the work performed; and

(ii) The date of completion of the work performed; and

(iii ) The signature, an d certificate numbe r o f th e perso n approvin g the

aircraft for ret urn to service.

(2) Records containing the following information:

(i) The total time i n servi ce o f t he airframe

, eac h engine

, each propeller,

and each rotor.

(ii) The current status o f lif e

- limited parts o f each airframe, engine,

propeller, rotor, and app liance.

(iii ) The time since last overhau l of al l items installed on the aircraft

w h ich are required to be overhauled on a specified time basis.

(iv ) The current inspectio n status o f t he aircraft, includin g th e time

since th e las t inspectio n required b y th e inspectio n progra m under

### 5 w h ich the aircraft and its appliances are maintained.

(v ) The current status of appl i cable airworthiness directives (AD) and

sa f ety directives including, for each, the method of compliance, the AD or

sa f ety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi ) Copies of the forms prescribed by § 43.9(d) of this chapter for each
major alteration to the airframe and currently installed e ngines, rotors,
propellers, and appliances.

(b) The owne r or operato r shal l retain the followin g records f o r th e periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be
retained until the work is repeated or superseded by other work or for 1
year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11

o f this chapter shall be retained until the defects are repaired and the aircraft
is approved for ret u rn to service.

C

. Th e Extent O f Relie f CLEARVIEW AERIAL IMAGERY Seeks A nd Th e

Reason CLEARVIEW AERIAL IMAGERY Seeks The Relief.

1. Extent Of Re lief CLEARVIEW AERIAL IMAGERY Seeks A n d The

Reaso n CLEARVIEW AERIAL IMAGERY Seeks Relief From Section

61.113(a) A nd (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

comman d

, is requested to the extent necessary to allow a P IC holding a private pilot or higher l evel certificate, as well as a current and valid airman medical certificate, and who has met certain fligh t

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This r elief is requested since the limitat ion s se t fort h i n Sectio n 61.113(a ) an d (b ) stat e

tha t a privat e pilo t may
, fo r compensatio n o r hire

, ac t a s PI C o f a n aircraf t i n connectio n

wit h any busines s o r employmen t if : (1 ) Th e fligh t i s onl y incidenta l t o tha t busines s or

### 6

employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

As set forth more fully below, CLEARVIEW AERIAL IMAGERY submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Requested UAS unless that PIC has met certain fligh t

- hour and currency requirements, demonstrating that the PIC is able to safely operate the UAS in a manner consistent with the operations specifica t ions as described in this exemption, including evasi ve and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, CLEARVIEW AERIAL IMAGERY submits that all flights of the Requested UASs, conducted by the PIC pursuant to the grant of this Petition: (1) w ill be incidental to CLEARVIEW AERIAL IMAGERY ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent O f Relief CLEARVIEW AERIAL IMAGERY Seeks A nd Th e Reaso n

CLEARVIEW AERIAL IMAGERY Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitl ed Civil aircraft airworthines s , is requested to the extent required to allow CLEARVIEW AERIAL IMAGERY to determine that the Requested UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., t he CLEARVIEW AERIAL IMAGERY Aerial Operations Manual, Monthly Maintenance Log, and Requested Instruction Manual).

CLEARVIEW AERIAL IMAGERY seeks the requested relief because the Requested UASs do not require an airwort h iness certificate in accordance with 14 C.F.R. Part 21, Subpa rt H.
Therefore, CLEARVIEW AERIAL IMAGERY will ensure that the Requested UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly

M a intenance Log, and Requested Instruction Manual) prior to every flight, and further,

determ ine that the aircraft are in condition for safe flight, as stated in the conditions and

limitations below.

3. Extent Of Rel i e f CLEARVIEW AERIAL IMAGERY Seeks and the Reaso n

CLEARVIEW AERIAL IMAGERY Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight
operations of the Requested UASs

, whic h utiliz e a barometri c pressur e sensor,

### 7

GP S equipment

, an d a radi o communication s telemetr y dat a lin k t o downlin k altitud e

information from the UA to the PIC at the ground con trol station (GCS). Since the FAA
requires that any a l titud e informatio n concernin g UA S operation s b e reported to air traffic
control (ATC) in feet above ground level (AGL), CLEARVIEW AERIAL IMAGERY seeks the
requested relief because the Requested UA’s altimeter may b e set on the ground to zero
feet AGL, rather than the local barometric pressure or field altitude, be f ore each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with t he ap p licable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since

the Requested UAs are equipped with a barometric pressure sensor and GPS equipment, which automat i cally ensures th at a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on

the head s

- up display of the GCS.

4. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks and the Reaso n

CLEARVIEW AERIAL IMAGERY Seeks Relief from Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered Requested UAs during daylight hours in visual meteorological condition s (VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after t ha t f or at least 4.5 minutes. CLEARVIEW

AERIAL IMAGERY seeks the requested relief because without a n exemption from Section 91.151(b), the flight time duration of the battery powered Requested UAs will severely

constrain the practicality of any aerial video or still photo flight operations that CLEARVIEW

AERIAL IMAGERY proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical sp e cifications of the Requested UASs, the Requested operating documents, and CLEARVIEW AERIAL IMAGERY ’s proposed operating
limitations, ensure that CLEARVIEW AERIAL IMAGERY will safely operate the battery powered Requested UAs dur ing daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after th at for at least 4.5 minutes.

### 8

5. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks A n d The Reaso n CLEARVIEW AERIAL IMAGERY Seeks Reli ef From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).

Since Sections 91.405(a)

, 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only
apply to aircraft with an airworthiness certificate

, CLEARVIEW AERIAL IMAGERY requests

relief from these Sections because the Requested UASs d o not require airworthiness

certificates. As set fort h mor e fully below, the Requested UAS s mee t the conditions of

FMR A Section 33 3 for operation without an airworthiness certificate. Accordingly,

CLEARVIEW AERIAL IMAGERY will use trained technicians to perform maintenance,

alterations, or preventive maintenance on th e UAS s usin g th e methods, techniques

,

an d practices prescribed i n th e UAS operatin g document s (i.e.

, the CLEARVIEW

AERIAL IMAGERY Aerial Operations Manual

, Monthl y Maintenance Log

, an d Requested

Instruction Manual)

. Furthermore

, CLEARVIEW AERIAL IMAGERY will document and

maintain all maintenance records for the Reque sted UA S s.

D. The Reasons Why Granting CLEARVIEW AERIAL IMAGERY Request Would Be In

The Public Interest; That Is, H o w It Would Benefit The Public A s A Whole.

Granting the present Petition will further the public interest by allowing CLEARVIEW AERIAL

IMAGERY to safely, efficie ntly, and economically perform aerial video and photography of

real estate, people

, and landscape over certain areas of the United States.

Additionally, use of the Requested UASs will decrease congestion of the NAS, reduce pollution, and provide significan t benefits to the economy. Notably, the benefits of

CLEARVIEW AERIAL IMAGERY ’s proposed operation of the Requested UASs will be
realized without implicating an y privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The N A S.

The Requested UAs are b attery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

### 9

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the Requested UAS s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollu t ion, as w e ll as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The Requested UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions wou ld result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety A nd Efficiency Of The Requested

U A Ss.

Conducting a erial acquisitions with the Requested UASs, instead of manned aircraft, will

greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photography flight operations. By usin g
battery power and electric motors, t he Requested UASs produce no air pollution, and is the

most viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photograph y , while

burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The Requested UAs,

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as

the UAs are propelled by battery powered electr ic motors, rather than an internal

combustion engine.

By using the Requested UASs to perform aerial acquisitions, the substantial risk to life and

property in the air and on the ground, which is usually associated with traditional manned

aircraft flight o perations, will be substantially reduced or completely eliminated. Aside from

the lack of flight crew members located onboard the aircraft, the Requested UAs has less

physical potential for collateral damage to life and property on the ground, and in the a ir,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet,

and a fuel capacity of 180 gallons).

3. Performing A

erial Video and Photogra phy Operations With The Requested

U A Ss Will Benefit The Econom y

.

### 10

In addition to being safe and efficient, the Requested UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation

of the Request ed UASs will allow United States based companies, like CLEARVIEW AERIAL

IMAGERY , to remain competitive and contribute to growth of the U

. S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to r e main competitive. Operating the battery powered Requested UASs is one such technology that not only allows companies
greater operat ional flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the Requested UASs, companies such as CLEARVIEW AERIAL IMAGERY

, can remain competitive and profitable, and th erefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Requested UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There A re No Privacy Issues.

Simila r t o th e manne d aeria l acquisitio n fl ight operations that have been conducted for

many year s, CLEARVIEW AERIAL IMAGERY ’s proposed operation of the Requested UAS s

wil l no t implicat e an y privac y issues

. Specifically

, th e Requested UAS s w i l l b e operate d onl y

i n complianc e w it h operating documents (i.e., the CLEARVIEW AERIAL IMAGERY Aerial Operations Manual

, Monthl y Maintenanc e Log

, an d Requested Instructio n Manual) which
requires property owner involvement an d permissio n t o videotape/photograp h as well as

local law enforcement notificat ion, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not A dversely A ffect Safet y , Or

Ho w The Exemption Would Provide A Level Of Sa fety A t Least Equal To That Provided

B y T he Rule From Which CLEARVIEW AERIAL IMAGERY Seeks Exemption.

1. Reason s Why T he Requested U A s Meet Th e Conditions

Of The FAA Modernization and Reform A ct of 2012 (FMR A

) Section 333.
In consideration of the size, weight, speed, and limited operating area associated with the

### 11

unmanned aircraft and its operation, CLEARVIEW AERIAL IMAGERY ’s operation of the
Requested UASs meet the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section
333 states the following, in part:

(a) In General

. -- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall de termine if certain unmanned aircraft systems may operate safely in the national ai r space system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) Assess m en t o f Un m anned Aircraft Syste m s

. - - In making the deter m ination

under subsection (a), the Secretary shall deter m ine, at a m ini

m u m

--
(1) which types of unmanned aircraft systems, if any, as a result of their

si z e, weight, speed, operational capability, proximity to airport s and populated areas, and operation within visual line of sight do not create a

ha z ard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation

. - - If the Secretary determines under this

s ection that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the
safe operation of such aircraft systems in the national airspace system.

I n seekin g thi s exemption

, CLEARVIEW AERIAL IMAGERY submits that th e Requested

UAS s ca n operat e s afel y i n th e NA S pursuan t t o FMRA Sectio n 333

, a s demonstrate d by : (a ) th e characteristic s o f th e Requested UASs;

### 12

(b) the pilot certification requirement; and (c) the specific operating limitations.

a. Th e Specifications Of Th e Requested U A S s Demonstrate Its Safe Characteristics.

The Requested UASs do not create a hazard to users of the NAS or the public, or otherwise
pose a threat to national security considering its size, weight, speed, and operati onal
capability.

i. Technical Specifications Of The Requested U A Ss.

The technical specifications of the Requested UASs are set forth by the UAS User

Manuals

.

ii. The Requested U A

S s A utonomous Flight A nd Navigation

Modes Enable The UASs To Remain Withi n A Defined Operational A rea.

Many of the Requested UASs may be operated in both manual and fully autonomous flight modes, restraining their area of operations.

iii. The Requested U A S s A re Designed For A utomatic Return

To Home Point Or Hover In The Even t Of Loss Of The Control Link Or Navigation.

W h en the Control Link is lost, the Requested UAs will rem ain stationary, in flight, for 3
seconds or more. If, after 3 seconds, the Requested UAs do not reacquire control link
data from the GCS, the UAs will as sume that the Control Link is lost and the UAs will return to the home position ( i .e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

b. Flight Operations Of Requested U A S s A re Limited To The
Line Of Sight Of A Certificate d Pilot in Command With A Safet y Observer.

Trained PICs wil l b e th e onl y people t o ac t a s a pilo t i n comman d (PIC ) o f th e

Requested UASs

. Addi t ionally, a safety observer will assist in flights.

c. Flights Of Requested U A Ss Will Be Conducted

Pursuant To S pecific Operating Limitations.

In seeking this exemption, CLEARVIEW AERIAL IMAGERY proposes to commercially
operate Requested UASs for the special purpose o f conducting aerial video and photography over certain areas of United States, pursuant to the following specif ic
operating limitations:

### 13 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: Requested Unmanned Aircraft Sys tems. Proposed operations of any other aircraft

will re q uire a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 87 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating
documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line o f sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any
device other than co rrective lenses, as specified on the PIC’s FA A

- issue d airman m edical certificate.

6. The us e o f first perso n vie w (FPV) b y the PIC or safet y observer (SO) i s
not permitted.

7. Al l operations mus t utiliz e a sa f et y observe r (SO). The S O ma y b e

use d to satisfy the VLOS requirement as long as the PIC always maintains

VLOS capability. The SO and PIC must be able to communicate verbally at

all times. Electronic messaging or texting is not permitted d uring flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

### 14 8. The SO must not perform any other duties beyond assisting the PIC with
seeing and avoiding other air traffic and other ground based obstacl e s/

obstructions an d i s no t permitte d t o operat e th e camer a o r othe r

instruments.

9. Th e operatin g document s an d th e gran t o f exemptio n mus t b e accessibl e during UA S operation s an d mad e availabl e t o th e Administrato r upo n request

. I f a discrepancy exists be twee n th e condition s an d limitation s containe d i n th e

gran t of exemptio n an d th e procedure s outline d i n th e operatin g documents

, th e condition s and limitations contained in the gr ant of exemption take precedence and must be followed. Otherwise, the operator mus t follo w th e procedure s a s outline d i n it s operating documents

. Th e operato r ma y updat e

o r revis e it s operatin g documents

. I t i s the operator’s responsibility to track

such r evisions and present updated and revised document s t o th e
Administrato r upo n r equest. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any upd ate or revision would

affect the basi s upo n whic h th e FA A grante d th e exempti on, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

- 80 ) may b e contacte d i f question s aris e regardin g update s o r rev ision s t o th e operating documents.

### 15 10. Prior to each flight the PIC must i n spect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in

a condition for sa f e flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alte r ations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who

conducts the fun ctional test flight must make an entry in the aircraft

records.

12. T he pr e

- f l ight inspection must account for all potential discrepancies,
e.g. inoperable components, items, or equipment, not already covered in
the relevant sections of the operatin g documents.

13. The operator must follow the UAS manufacturer’s

aircraft/component, m aintenance, overhaul, replacement, inspection,

and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record

k eeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and s t atus of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplish ed, and the signature of the authorized person returning the UAS to service.

15. Each UAS s operated unde r this exemption must compl y

wit h all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft re cord

of the corrective action taken against discrepancies discovered between

inspections.

### 16 17. The PI C must posses s at least a privat e pilot certificate and a t least current third

- class medical certificate.

18. The operato r ma y no t perm i t an y PIC to operat e unless the PI C meet s

the operator’s qualification criteria and demonstrate s th e abilit y to sa f el y
operate the UA S i n a manner consis t ent wit h ho w the UA S wil l be
operated under the exemption, including evasiv e and emergenc y

maneuvers and maintaining appropriate distances from persons
, vessels

, vehicle s and structures

. PIC qualification flight hour s must be logge d i n a

manner consistent wit h 1 4 C.F.R. §
61.51(b). Flights for the purposes of training the operat or’s PICs are permitted

under the terms o f th e exemption. However

, training operations ma y onl y be
conducted during dedicate d training sessions. During training, pro f iciency

, and

ex perience

- building flights, al l persons not essentia l f o r flight operations ar e considered nonparticipants, an d th e PI C mus t operat e th e U A wit h appropriat e

distanc e from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §1.1. All operation s must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FA A

- published aeronautical chart unless a letter of agreement with that airport’s manage m ent is obtained, and the operation is conducted in acc ordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than

2,000 feet ho rizontally from a cloud or when visibility is less than 3 statute

miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to

a pre

- determined location within the planned ope r ating area and land or be

recovere d in accordance with the operating documents.

### 17 23. The PIC must abort th e flight i n the even t o f unpredicted

obstacle s or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (conside ring wind and forecast weather conditions) there is enough power to fly at
normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. Th e operato r mus t obtai n a n Ai r Traffi c Organizatio n (ATO ) is s ued

C ertificate of W a ive r o r Authorizatio n (COA ) prio r t o conductin g an y operation s

unde r th e gran t of exemption. This COA will also require the operator to
request a Notice to Airman (NOTAM ) no t mor e tha n 7 2 hour s i n advance

, bu t

no t les s tha n 4 8 hour s prio r t o the operation

. Al l operation s shal l b e conducte d

i n accordanc e wit h airspac e requirement s in th e AT O issue d CO A includin g

clas s o f airspace

, altitud e leve l an d potentia l transponder requirements.

26. All aircraft operated in accordance with the e xemp t ion must be identified by serial number, registered in accordance with 14 C.F.R. part 47,
and have identification ( N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conduc ting operations, the radio frequency spectrum used for
operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government
oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.2 0 3

mus t be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to
the Administrator or any law enforcement official upon request.

29. The U A mus t remain clea r an d yiel d the right o f w a y to al l manne d

aviation operations and activities at all times.

### 18 30. The UAS may not be operated by the PIC fr om any moving device or vehicle

31. Flight operations must be conducted at least 500 feet fr om all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

person s fro m th e U A and/ o r debri s i n th e even t o f 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 n ear 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 close r to those objects and determined that it does not present an
undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential
persons do not present an undue hazard to those persons per §
91.119(a).

32. All operations shal l be conducted over private or controlled

- acces s 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.

3 3 h the lateral o r vertical boundarie s o f th e operationa l are a a s define d b y th e applicabl e CO A mus t b e reporte d to the FAA's UAS Integration Office (AF S

80) within 24 hours. Accidents must be reported
to the National Transportation Safety Board (NTSB) per instructions con taine d

o n the

NTSB W e b site : www.ntsb.gov.

### 19 2. Reason s Why A n Exemption Fro m Th e Requirement s O f Section

61.113(a) A nd (b) Would Not A dversely A

ffect Safet y

.

CLEARVIEW AERIAL IMAGERY submits that the equivalen t level of sa f ety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the Requested UASs unless that PIC has demonstrated, by meeting minimum fligh t

- hour and currency requirements, that the PIC is able to s afely operate the UAS in a manner
consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering CLEARVIEW AERIAL IMAGERY ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the UAS, CLEARVIE W

AERIAL IMAGERY submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for

CLEARVIEW AERIAL IMAGERY ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11158, 11159, 11 160, 11161).

CLEARVIEW AERIAL IMAGERY will not allow any PIC to operate the UAS un l ess that PIC has demonstrated, by meeting minimum fligh t

- hour requirements or the UAS training and currency requirements, that the PI C is able to safely operate the UAS in a manner c onsistent

w i th this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61 .51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must

ac complish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of

### 20

sa f et y durin g CLEARVIEW AERIAL IMAGERY ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exempt i on No. 11062, th e FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS ro t orcraft pilot in cluding at least 10 hours logged as a UAS pilot

with a mult i

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of U A S to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included

in the 10 hours of mult i

- rotor time and the 10 hou r s may be include d in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the fligh t

- hour requirements in Exempti on No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regula tions would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building f l ights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, CLEARVIEW AERIAL IMAGERY will ensure safe operations by not allowing any PIC to operate the UAS s unless that PIC has demonstrat ed, by meeting minimum fligh t

- hour and currency requirements, that the PIC is able to safely operate UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicl es and structures.

3. Reasons Why A n Exemption From The Requirements Of Section

91.7(a) Would Not A

dversely A

ffect Safet y

.

The equivalent level of sa f ety established by Section 91.7(a) will be maintained because
prior to every flight, CLEARVIEW AERIAL IMAGERY wil l ensure that the UAS is in an airworthy condition based upon the UAS’s c ompliance with its ope r ating documents and as

stated in the conditions and limitations herein.

### 21

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,
11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons W hy A n Exemption From The Requirements Of Section 91.121

Would Not A

dversely A ffect Safet y

.

T he equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the Requested UAs will be provided to the PIC via GPS equipment

and a radio communications telemetry data link, which downlinks from the UA to the GCS

for active monitoring of the flight path and altitude. This altitude information, combined with

CLEARVIEW AERIAL IMAGERY ’s operation o f the Requested UAs within vi sual line of sight,

at or b elo w 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude information will be generated by GPS equipment installed onboard the aircraft. Prior

to each flight, a zero altitude initiation point is automatically established b y the UASs at

ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why A n Exemption From The Requirements Of Section

91.151(b) Would Not A dversely A

ffect Safet y

.

A grant of this exemption would ensur e an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Requested UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accor d ingly, CLEARVIEW AERIAL IMAGERY will ensure that it will safely operate the battery powered Requested UAs during daylight hours in VFR conditions, with enough battery power t o fly for a total duration of 14

. 5 minutes to t h e f irst point of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes.

### 22

Here, as in Exemption No. 11109, the technical specifications of the Requested UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Requested UASs provide audible and visual

wa r nings to the PIC at the GCS when the UAs experiences low battery voltage, the fir st warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, UASs will

descend and land automatically.

Significantly

, previou s exemption s grante d b y th e FA A concernin g Sectio n 91.15 1 establis h

that safety is not adversely affected when the technical characteristics and operating

limi t ations of the UAS are considered. Relief has been granted for manned aircraft to
operate at less than the minimum s prescribe d i n Sectio n 91.151

, includin g Exemptio n Nos

. 2689

, 5745

, an d 10650. Moreover, the FAA has previously granted relief from Section

9 1.15 1 specifi c t o UAS

, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063,11064, 11065,
11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why A n Exemption From The Requirements Of Section s 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b) Would Not

A d versely A

ffect Safet y

.

In seeking this exemption, CLEARVIEW AERIAL IMAGERY submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because CLEARVIEW AERIAL IMAGERY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the CLEARVIEW AERIAL IMAGERY Aerial O perations Manual, Monthly Maintenance Log, and Requested Instruction Manual). Furthermore, CLEARVIEW AERIAL IMAGERY will document and maintain all maintenance records for the Requested UASs.

Since t he Requested UASs will be inspected as prescribed by the operating documents,

CLEARVIEW AERIAL IMAGERY will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety becaus e CLEARVIEW AERIAL IMAGERY will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equ ivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significant ly, previous exemptions granted by the FAA concerning Sections 91.405(a),

### 23

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not
adversely affected when the t echnical characteristics and operating limitations of the UAS

are c onsidered.

In consideration of CLEARVIEW AERIAL IMAGERY ’s proposed operating limitations

, th e operatin g documents

, an d th e technica l aspect s o f th e Requested UASs

, CLEARVIEW

AERIAL IMAGERY submits that safety will no t b e adversel y affecte d b y grantin g exemptio n

fro m 1 4 C.F.R

. Sec tion s 91.405(a)

, 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and
(b). The FAA has previously granted relief specific to UA S i n circumstance s similar

, i n all
material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

110 65, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156,
11157, 11158, 11159, 11160, 11161).

7. The FAA Ma y Prescribe A n y Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Ac t of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CLEARVIEW AERIAL IMAGERY requests that the FAA prescribe special conditions for the intended operation of the Requested UASs, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C .F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a h azard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the s afe operation of the

UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R

. § 21.16, for operation of the Requested UASs, since the airworthiness regulations of

14 C.F.R. Part 21 do not contain adequate or appr opriate sa f ety standards, due to

the novel or u n usual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appr opriate safety standards for an aircraft, aircr a ft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditi ons are issued in accordance with Part 11 of th i s chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

### 24

See 1 4 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may
prescribe special conditions for CLEARVIEW AERIAL IMAGERY intended operation of the
Requested UASs, which contain such safety standards that the Administrator finds

ne cessary to establish a level of safety equivalent to that established by 14 C.F.R.
Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary T h at Can Be Published In The Federal Register, stating: The Rules

From Which CLEARVIEW AERIAL IMAGERY Seeks Exemption:

CLEARVIEW AERIAL IMAGERY seeks exemption from the requirements of 14
C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b),
91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemptio n

CLEARVIEW AERIAL IMAGERY Seeks:

This exemption will permit CLEARVIEW AERIAL IMAGERY to commercially
operate an Unmanned Aircraft System (UAS) for the purpose of conducting

aerial video and photography over certain areas of the United States.32

• A n y A dditional Information, Vi e w s , Or A rgument s A vailable To Support

CLEARVIEW AERIAL IMAGERY ’s Request.

This P etition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA ) Section 333

, whic h direct s th e Secretar y o f Transportation t o determin e i f certain

UA S ma y operate safel y i n the NAS. As such, CLEARVIEW AERIAL IMAGERY ’s request for
exemption ma y be granted pursuan t t o th e authorit y of FMRA Section 333 and 14 C.F.R.
Part 11, as set forth above.

FMRA Se ction 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness

c ertification.

As discussed in detail above, CLEARVIEW AERIAL IMAGERY will operate the Requested
UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or
otherwise pose a threat to national security.

CONCLUSION

As set forth herein, CLEARVIEW AERIAL IMAGERY seeks an exemption pursuant to 14 C.F.R. § 11. 6 1 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the Requested UASs commercially, without an airworthiness certificate, for the limited pu rpose of Conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing th e interests of the public, by allo w ing CLEARVIEW AERIAL IMAGERY to safely, efficiently, and economically operate the Requested UASs commercially within the NAS.

WHEREFOR E , in accordance with the Federal Aviation Regulations and the FAA

Modernization and R e f orm Act of 2012, Section 333, CLEARVIEW AERIAL IMAGERY respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1.417(a) & (b), and permit
CLEARVIEW AERIAL IMAGERY to operate the Requested UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United

States

.
Respectfully submitted on January 7

, 2016

Stephen Buescher CLEARVIEW AERIAL IMAGERY 609 Hyak Way, Fox Island, WA 98333
609

- 760

- 248532 buescher22@gmail.com