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October 22, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 2050
Dear Administrator,
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Caniff Aerial Imaging LLC , hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I , James R. Caniff, owner and operator of Caniff Aerial Imaging LLC am an FAA Commercially licens ed Rotorcraft/Airplane Instrument rated pilot with over 2,000 accident/inci dent free hours. I am currentl y a Military rated UH

- 60 A/L/M Instructor P ilot operating for the Kentucky Army National Guard . I will oversee all operations and the training of future sUAS pilots conducting business for this company.
The requested exemption would permit Caniff Aerial Imaging LLC to pursue commercial interests in providing services to cli ents using a small advanced sUAS in the following areas:

 Real Estate

 Marketing

 Land Survey

 S tructure survey

 Agriculture

 Special Events

 Private and Governmental training/consulting
All operators conducting commercial drone flights will demonstrate the ability to safely and effectively fly the sUAS DJI Phantom 3 Professional prior to being released to conduct business on behalf of Caniff Aerial Imaging LLC. Caniff Aerial Imaging LLC will comply with local ordinances and laws regarding the operation of sUAS , and will adhere to all weather and environmental restrictions or limi tations in reference to the operations of sUAS.
I, James R. Caniff

, am seeking the exemption because I am committed to complying with all of the rules, guidelines , limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the manner that I have described, and for th e purposes listed in this document

. Without the exemption request granted, I would be unab le to safely and effectively operate my business and it is my intention to comply with the FAA and obtain an exemption of the following regulations.

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**I The contact information of the applicant is:** 
Caniff Aerial Imaging LLC 112 Shermans Lane Richmond, Kentucky 40475 Phone: 859

- 333

- 9394 Email: jimmycaniff@yahoo.com

**II The**  **specific sections of Title 14 of the Code of Federal Regulations from which Caniff Aerial Im**  **aging LLC request exemption are:**
14 C.F.R. 61.101(e) (4) and (5) 14 C.F.R. 61.113(a) 14 C.F.R. 61.315(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91 .119(b) and (c) 14 C.F.R. 91.121 14 C.F.R. 91.151(b) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a) (1) 14 C.F.R. 91.409(a) (1) and (2) 14 C.F.R. 91.417(a) and (b)

**III Aircraft, Increased Level of Safety and the Public Benefit:** 

The s UAS, which will be operated by Caniff Aerial Imaging LLC, weighs less than 10 pounds, including all equipment as indicated in the attached manual. The s UAS can be maneuvered vertically and horizontally at the same ti me and hove r in place. Specifically, the s UAS that Caniff Aerial Imaging intends to use is the DJI Phantom 3 Professional . The provided supporting documentation includes the user manual, safety guidelines and quick

- start guide for this model of UAS. As a requirement for compliance, all documentation and relevant manu al material for the flight and s UAS will be kept in an accessible location that will be available to the PIC at all times

. Also, as indicated within the user’s manual and to increase the safety of all personnel within the site, the sUAS is equipped with the use of GPS and motion sensors which can bring the unmanned aircraft back to the ground safely upon command, during low battery levels and loss of communication or GPS signal.

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**IV If the submitted exemption is approved, Caniff Aerial Imaging LLC intends to utilize the sUAS as**  **previously stated above with the follow ing conditions and limitations:** 

**1.** Operations authorized by this grant of exemption are limited to the DJ I Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption. **2.** Operations for the purpose of closed

- set motion picture and television filmi ng are not permitted. **3.** The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. **4.** The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. **5.** The UA must be operated withi n visual line of 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 corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. **6.** All o perations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The P IC must ensure that the VO can perform the duties required of the VO. **7.** If granted an exemption, the exemption and all documents needed to operate the UAS must be accessible during UAS operations and made available to the Administrator upon request. If a di screpancy exis ts between the conditions and limitations of any exemption and the procedures outlined in the operating documents, the conditions and limitations specified in the grant of exemption take precedence and must be followed. Otherwise, the operato r must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. If the Caniff Aerial Imaging LLC determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. **8.** Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. **9.** The operato r is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. **10.** Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight insp ection must account for all potential discrepancies,

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e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenan ce has been performed and the UAS is found to be in a condition for safe flight. **11.** The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. **12.** Each UA S operated under this exemption must comply with all manufacturer safety bulletins. **13.** Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61. 56 in an aircraft in which the PIC is rated on his or her pilot certificate. **14.** The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under thi s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights f or the purposes of training the operator’s PI Cs and VOs (training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonpart icipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. **15.** UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. **16.** The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. **17.** The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. **18.** If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property. **19.** The PIC must abort the flight in the event of unpredicted obstacles or emergencies. **20.** The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. **21.** Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for

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a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. **22.** All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings m ust be as large as practicable. **23.** Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating . These documents must be made available to the Administrator or any law enforcement official upon request. **24.** The UA must remain clear and give way to all manned aviation operations and activities at all times. **25.** The UAS may not be operated by the PIC from any moving device or vehicle. **26.** All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight o perations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety asse ssment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PI C, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. **27.** All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained f or each flight to be conducted. **28.** Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents must be report ed to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **V Specific sections of 14 C.F.R. from which Caniff Aerial Imaging seeks exemption:**

**14 C.F.R. 61.101**  **(e) (4) and (5) Recreational Pilots Privileges and Limitations** Section 61.101 (e) (4) and (5) limits recreational pilots to non

- commercial operations. Although, these flights will be operating an aircraft for compensation or hire, the UAS will not physic ally carry a pilot or any passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to manned aircraft operations, provided that the PIC operating the aircraft holds at least a Recreational Pilot Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging LLC will require that the PI C operating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at least a Recreational Pilot Certificate

. The level of safety that is provided by the sUAS exceeds that of a single individual with a C ommercial Pilot C ertificate while PIC of a manned aircraft flight. The level of

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risk associated with the sUAS is far lower than could be achieved on the c ommercial operation of a manned aircraft. Therefore, allowing commercial operation of sUAS a s requested with a Recreational, Pilot as PIC will surpass the current level of safety provided by 14 C.F.R. Section 61.101 (e) (4) and (5).
**14 C.F.R. 61.113(a) Private Pilots Privileges and Limitations: Pilot in Command.**

Section 61. 113(a) limits Private P ilots to non

- commercial operations. Although, these flights will be operating an aircraf

t for compensation o r hire, the UAS will not physically carry a pilot or any passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to manned aircraft operations, provided that the PIC operating the aircraft holds at least a Private Pilot Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging LLC will require that the PI C oper ating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at least a Private Pilot Certificate . The level of safety that is provided by the sUAS exceeds that of a single individual with a Commercial Pilot C ertificate while PIC of a manned aircraft flight. The level of risk associated with the sUAS is far lower than could be achieved on the c ommercial operation of a manned aircraft. Therefore, allowing commercial operation of sUAS as requested with a Private Pilot as P IC will surpass the current level of safety provided by 14 C.F.R . Section 61.113(a)

.
**14 C.F.R. 61.315(a) What are the Privileges and Limits of my Sport Pilot C**  **ertificate?**
Section 61.315(a) limits Sport Pilots to non

- commercial operations. Although, these flights will be operating an aircraf

t for compensation o r hire, the UAS will not physically carry a pilot or any passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to manned aircraft operations, provide d that the PIC operatin g the aircraft holds at least a Sport Pilot Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging L LC will require that the PI C operating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at least a Sport Pilot Certificate . The level of safety that is provided by the sUAS exceeds that of a single individual with a Commercial Pilot Certificate while PIC of a manned aircraft flight. The level of risk associated with the sUAS is far lower than could be achieved on the commercial operation of a manned aircraft. Therefore, allowing commercial operation of sUAS as requ ested with a Sport Pilot as PIC will surpass the current level of safety provided by 14 C.F.R. Section 61.315(a).
**14 C.F.R. 91.7(a) Civil Aircraft A irworthiness.** 
This section requires that the aircraft is in an airworthy condition prior to flight. Caniff Aerial Imaging LLC will determine that the DJI Phantom 3 sUAS are in airworthy condition prior to every flight by ensuring that the sUAS is in compliance with the operating documents (i.e. Caniff Aerial Imaging LLC Standard Operating Procedures, Monthly Maintenance Log, and DJI Phantom 3 Operators Manual). The PI C will perform the required pre

- flight inspection with the pre

- flight checklist as provided in the sUAS operator’s manual, which will provide an equivalent level of safety.

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**14 C.F.R. 91.119 (b) and (c)**  **Minimum Safe A ltitudes.** 
Section 91.119 provides the requirements for safe altitudes for civil aircraft operations . As this exemption request is for the s UAS which is a “quad

- copter” unmanned aircraft, similar to a helicopter, an equivalent level of safety will be provided. Based on the operating conditions and limitations for the

s UAS that will be utilized as well as the safety features of this particular model , all essential and non

essential personnel and property on the surface are provided the highest level of assurance they will not be exposed to any hazards due to an emergency or power failure as per part (a). Altitudes will be limited to no more th an 400 AGL, which will require an exemption from parts (b) and (c). Due to the large availability of commerce that can take place in populated areas and the lack of a clear definition of

“ congested” as mention in 91.119(b) and (c), Caniff Aerial Imaging L LC request a relief from section (b) and (c). The company will be avoiding all highly populated areas where the possibility of notifying all people in the vicinity of the operation would be unrealistic, however, if authorized , Caniff Aerial Imaging LLC wi ll conduct operations in subdivisions and similar properties outlying more highly populated areas in Kentucky such as Lexington or Louisville, to obtain imagery for Rea l Estate purposes. These areas

may or may not be define d a s congested area s based on av ailable reference. Risk mitigation will be implemented and all persons within a 500 foot radius will be made aware of any and all operation s in accordance with restrictions previously mentioned in part IV of this document

. Currently there are manned rotor
- craft that operate at altitudes less than the 500 AGL, with more hazardous materials and on a larger scale than unmanned aircraft have. Therefore, utilization of sUAS for the purposes mention ed in this document will reduce the risk of flights conducted at lower altitudes

. No flight will begin without the prior approval of t

he property owners

. **14 C.F.R. 91.121 Altimeter Settings.**

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight opera tions of the DJIPhantom 3 UAS which utilize a barometric pressure sensor , GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS) . Since the FAA requires that any altitude information concerning s UAS operations be reported to air traffic control in feet above ground level, Caniff Aerial Imaging LLC seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barome tric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 C.F.R. 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated in this document. An equivalent level of safety will be maintained since the DJI Phantom 3 s UAS are equipped with a barometric pressure senor and GPS equipment, which pro vides the PIC with altitude information of the UA on the heads up display of the GCS

.
**1 4 C.F.R.**  **91.151(b): Fuel Requirements for Flight in VFR C onditions** 
For this regulation, all flights in a rotorcraft, during the day require an additional 20 minutes of fuel for each flight. However, similar to rotorcrafts, the particular unmanned aircraft that Caniff Aerial Imaging LLC uses has a total flight time of approximately 23 minutes as indicated in the user’s manual

. With this total flight time, it is impossible to have 20 minutes of additional flight time beyond the planned flight

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time. An equivalent l evel of safety will be provided because the DJI Phantom 3 has an emergency feature equipped which will automatically return to the departure location upon reaching low batter power levels. At low battery levels there are several alerts to notify the pilot that the s UAS has a low battery. During a low battery level warning, the aircraft status indicator will blink red slowly which is notifying the pilot to return the aircraft to the home positon. If, after 10 seconds the pilot does not begin to return the aircraft to the home position the aircraft will automatically return to the home position and land while the remote is sounding an alarm. By maintaining visual line of sight with the s UAS the aircraft will always be in close proximity to the home positio n. Although the s UAS is equipped with the automatic low battery settings , there is a battery level percentage indicator on the remote. With these features incorporated within the sUAS and the standard set in the conditions and limitations herein, an equivalent level of safety can be provided for this requested exemption.
**14 C.F.R. 91.405(a); 407(a )**  **(1) , 409(a)**  **( 1) and (2); 417(a) and (b): Maintenance, Preventive**  **Maintenance, Inspections and Maintenance Records.**
These regulations require the aircraft owner or operator to have the aircraft inspected and maintained in accordance with part 43 of this chapter. It is understood that these regulation sec tions apply to aircraft that have an airworthiness certificate, th erefore the above mentioned sections will not apply to the operations of the s UAS. The operator of the s UAS will perform all required and periodic maintenance as indicated within the user manual and any supporting documents included with the s UAS being us ed. Due to the small scale of the unmanned aircraft systems and specific area of operations, this can be achieved by the operator, and an equivalent level of safety will be provided. In the event that any extensive mechanical repairs are required, these tasks will be performed by th e aircraft manufacturer if needed

. During any flight, if mechanical failures occur, the s UAS will immediately terminate the flight and return to land. As indicated previously, preflight inspections will take place prior to al l flight operations to verify all systems and equipment are functioning properly. Any maintenance performed by the operator will be logged appropriately for documentation . Overall, to provide an equal level of safety, the aircraft will be maintained in an airworthy condition by the operator

. **VI Summary**
Pursuant to 14 C.F.R part 11, the following is a summary to be provided for publication in the Federal Register if needed: Caniff Aerial Imaging LLC is seeking an exemption from the following regulations :14 C.F.R. Part 61.101 (e) (4) and (5); 61.113(a); 61.315 (a) ; 91.7(a); 91.119 (b) and (c); 91.121; 91.151(b); 91 .405(a); 91.407(a) (1) ; 91.409 (a) (1) and (2); 91.417 (a) and (b) for the commercial operation of its small Unmanned Aircraft Systems for Real Es t ate, Marketing, Land Survey , Structure Survey, Agriculture, Special Events, and Private and Governmental Training/Consulting

. The approval of exemptions to allow commercial operations of UASs in the above mentioned areas will greatly enhance safety and reduce risks associated with these activities in the past. The conventional methods included the use of manned aircraft or rotorcraft, which pose a greater risk to personne l involve. By the use of the s UA S that will carry no passengers or crew, this will eliminate the majority of the risks associated with these tasks. The operations of the sUAS that will be conducted in the specific conditions listed above wil l provide a high level of safety while conducting commercial operations.

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**VII Conclusion**

As set forth herein , Caniff Aerial Imaging LLC seeks an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3

s UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial imaging 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 advanc ing the interests of the public, by allowing Caniff Aerial Imaging LLC to safely, efficiently, and economically operate the DJI Phantom 3 s UAS commercially within the NAS.
Very Respectfully,

/S/ James R. Caniff 112 Shermans Lane Richmond, Kentucky, 40475 859

- 333

- 9394 jimmycaniff@yahoo.com
**Appendix**

**– A**  Glossary of Abbreviations AGL Above Ground Level ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System NAS National Airspace System PI C Pilot in Command Section 333 FAA modernization and Reform Act of 2012 (FMRA) Section 333 SOP Standard Operating Procedure UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer

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**Appendix**

**– B** 

DJIPhantom 3 Professional Operators Manual

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