April 17, 2015

Exemption No. 11361 Regulatory Docket No. FAA–2015–0111

Mr. Michael J. Gearin President Photo-Flight Aerial Media 25 Mountain Street Vernon, CT 06066

Dear Mr. Gearin:
This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision
By letter dated January 13, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Photo-Flight Aerial Media (hereina fter petitioner or operator) for an exemption. The exemption would allow the petitioner to ope rate an unmanned aircraft system (UAS) to conduct aerial photography, virtual tours, and professional real estate photographic services.
See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification
The UAS proposed by the petitioner is a Phantom 2 Vision Plus.2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, th e FAA finds that the re quested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision
You have requested to use a UAS for aerial da ta collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pr esented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No. FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.
Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, Photo-F light Aerial Media is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e )(4) and (5), 61.113( a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405( a), 91.407(a)(1), 91.409(a)(1 ) and (2), and 91.417(a) and (b), to the extent necessary to allow the pe titioner to operate a UAS to perform aerial data collection. This exemption is subject to th e conditions and limitations listed below.3

Conditions and Limitations
In this grant of exemption, Photo- Flight Aerial Media is hereafte r referred to as the operator.
Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of ex emption are limited to the Phantom 2 Vision Plus when weighing less than 55 pounds in cluding payload. Proposed operations of any other aircraft will requi re a new petition or a petiti on to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming 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 restricti on. 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 within 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 operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C 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 perm itted 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 PIC must en sure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepa ncy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents, the conditions and limitations herein ta ke precedence and must be followed.4
Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator 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. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questi ons arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions 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 functi onal test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator 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. Th e pre-flight inspection must account for all potential discrepancies, 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 maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot 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 f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be5
operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-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 dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants 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 conditi ons (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity 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 ai rport 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 pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light 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 fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.

22. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6
(N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e 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 th e Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y 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 pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.
The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for 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 reported to the National Transportation Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS; d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming; f. A statement that the operator has obtain ed permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request; g. Signature of exemption holde r or representative; and h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
This exemption terminates on April, 30, 2017, unless sooner superseded or rescinded.
Sincerely,

/s/ John S. Duncan Director, Flight Standards ServiceTo: Docket Operations M-30 U.S. Department of Transportation 1200 New Jersey Avenue,SE Room W12-140 West Building Ground Floor Washington, DC 20590-0001

From: Michael J. Gearin 25 Mountain Street Vernon, CT 06029 (860) 202-2072 mgearin@pmis.us

Re: Petition of Photoflight Aerial Media for Exemption Pursuant to Section 333 of The FAA Reform Act

Date: January 13, 2015

To whom it may concern:

Our company, Photo-Flight Aerial Media is requesting a TEMPORARY exemption from the regulations referred to below until the FAA addresses and possibly redefines the use and regulations for sUAV commercial operations. I, Michael J. Gearin, president of Photo-Flight Aerial Media, have been a licensed pilot for over 25 years with numerous hours of experience and my associate ( Gerald E. Weiner dba Photo-Flight Photographic Services,LLC) has been exclusively serving the Real Estate Community for over 37 years providing traditional Aerial photography, Panoramic virtual tours, Video Slide Shows and professional Quality Interior and Exterior photography. He has been an authorized photographic service for the Connecticut Association of REALTORS® (CTMLS) from its conception. Another associate , Douglas Grant,is an owner of a Medical Supply company and is a service disabled USAF veteran. We have considerable credibility as a company within our community and hope that we can show the FAA that we will provide a professional, safe and exemplary sUAV photographic service for the Real Estate and associated communities. We are well aware of the Safety and Privacy Concerns along with other regulations of the FAA and will address these issues with our exemption request.

I. Exemption Request : Under Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, the following regulations:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(aII Description of Proposed Operations

We believe the conditions of operation that we propose and stated below will be sufficient to promote the highest level of safety and privacy for the general public and will be at least equivalent if not greater than present FAA regulations.

a. Flights will be operated in Class G airspace and will not exceed 300 feet from AGL b. UAS will weigh less than 7 Ibs. including Payload

c. Permission, including Liability and Release forms will be signed by property owner or designated pa rty d. Sign posted in front of property noting that sUAV is presently in use

e. UAV will only fly within the designated property zone f. Flights will be limited to non-urban properties and non-traffic areas g. Flights will always be within the daylight hours h. We will be using a Flytrex "blackbox" which will log and maintain info of all flights. i. Failsafe system for automatic return to home will always be enabled j. AII flights will involve a visual observer and pilot and will always be communicating with each other k. Certain situations may require permits or permission which we will certainly comply. Permits will be obtained from town, state, county or city jurisdictions when required , local law enforcement will be notified on each occasion I. AII flights will be operated within line of sight (VLOS)

m. Lithium-lon Batteries will be kept in ammunition cases when not in use and replaced BEFORE recommended number of recharges.

n. Flights will be a minimum of 3 miles from Airport Runways

o. We will adhere to motor specifications and running hours and replace motors accordingly p. Our PIC at this time will be an approved FAA licensed pilot with a third class medical certificate until future regulations reduce the requirement to certify the PIC q. PIC will file NOTAM whenever applicable

r. A$1,000,000 liability insurance will be active

Photo-Flight Aerial Media will be an integral part of the Real Estate community to which our associate (Gerald Weiner) has been serving for over 38 years (since 1976) being very reputable and credible. We offer the FAA our assurance that we would be most diligent in our efforts to maintain the best possible manner in which we conduct our business to assist Homeowners and REALTORS ° , keeping privacy and safety as our top priority. Our brand credibility depends upon this.

We have refrained from requests for our potential services because of FAA regulations not favoring such. We are hoping that the FAA will consider Photo-Flight Aerial Media as a good candidate to exempt the requested regulations and allow us to proceed with our proposed service.

We are aware that there will be many less qualified and irresponsible individuals getting into this market; however, we are certain that most will not wait for "new" updated FAA regulations nor apply for FAA regulation exemption and will proceed unlawfully. Photo-Flight Aerial Media supports responsible use and education programs adhering to FAA present and future regulations. We do believe there should be restrictions and certification and look forward to FAA response to this matter.We have addressed the FAA to obtain guidelines by securing an interview and conference at the Bradley

Field Airport FAA office Windsor Locks, CT and had a very meaningful and informative discussion with sUAV specialist John Klawin (FSDO) and Richard Rozanski (FAA Aviation Inspector). They in turn supported our interest in filing for an exemption and they saw no reason not to. And suggested the manner in which we should file.

III THE EXTENT OF RELIEF WE SEEK AND THE REASON WE SEEK THE RELIEF

The FAA understands the necessity of integrating sUAV aviation into the NAS and has developed a roadmap to pursue this objective and to do so in a safe and efficient manner. We are seeking relief of the stated regulations because we believe we can and will (as stated above) adhere to the primary concerns of the FAA to operate in a safe and controlled manner without "reducing existing capacity, decreasing safety, impacting current operators, or placing other airspace users or persons and property on the ground at increased risk."

Without risking redundancy, we refer to all the precautions stated above and believe our professional services can and will have a positive impact to the Real-Estate and Commercial industry and will therefore benefit the community as a whole.. The equipment that we will be using (Phantom 2 Vision Plus ) is relatively small and light weight and is very unlikely to be a danger when used in the manner in which we propose. It will also be piloted by an FAA licensed pilot. We therefore respectively request relief from the following regulations (summarized above and expanded below))

14 C.F.R Part 21 Certification Procedures for Product and Parts, Airworthiness Certificates

According to 49 U.S. Code § 44701 section (f) the FAA administrator is authorized to exempt aircraft (sUAVJ from the airworthiness certificate requirement in consideration of its size, weight, speed, and from this regulation.operational capability.. The design and nature of our Dll Phantom 2 plus sUAV should fall within this description (per the description in our appendix) and therefore we respectful/y request an exemption

14 C.F.R. 45.23 (b) Display of Marks: General

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter "N" (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter.

The size of the sUAV in use (DJI Phantom 2 Vision plus) does not al/ow for the designated size of the registration numbers that are referred to in this regulation; however, we wou/d certain/y adhere to adding registration numbers to the sUAV in an appropriate manner (largest possible characters). 1 do not believe at this time, registration numbers will be issued and this regulation may not be applicable.

14 C.F.R. 61.113 (a) &(b) Private Pilot Privileges and Limitations: Pilot in Command

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property forcompensation or hire; nor may that person, for compensation or hire, act as pilot in command of an

aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

l, Michael Gearin, holder of a FAA license for Private Aircraft am requesting an exemption regarding the limitations of compensation for hire since Photo-Flight Aerial Media will be charging a fee to contract with Realtors,construction companies, architects and the like to provide the proposed aerial photographic service. Keeping in mind that there are no passengers involved with a sUAV and that the photography is on/y incidenta/ part of marketing a property we are requesting an exemption from this regu/ation and perhaps the FAA administrator may see this is an inapplicable regulation.

We believe it wil/ be favorable and in the best interest for the FAA to endorse and support (via its ability to exempt specific regu/ations) to a credib/e, competent and professional photographic service to provide such services rather than having hundreds or thousands of individual Realtors and the like to purchase and to operate similar and or /esser quality sUAV resu/ting in greater chances of negative incidences and unauthorized flights.

14 C.F.R. 91.7 CIVIL AIRCRAFT WORTHINESS (a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

At this time there is no FAA regulatory standard to determine airworthiness; however, we will make all attempts to insure safety and to reduce any possibility of a negative incident by performing several preflight operations including but not limited to GPS Homelock, Battery power check, Up-to Date Software Interface, Balancing Propeller Blades, Compass Calibration.

C.F.R.91.9(b)(2) Civil Aircraft Flight Manual, marking and placard requirements

(b) No person may operate a U.S.-registered civil aircraft— (1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. (c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.Considering the size of our DJI Phantom 2 Vision Plus it is impossible to have a flight manual aboard and

we consider this regulation inapplicable; However, of course, we will have the owner's manual available on sight at all flights if so required and even if not.

C.F.R. 91.103 Pre-Flight Action

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Since there is no available pre flight manua/ to refer to, we will utilize our pre flight itinerary as discussed in a previous paragraph, stating that we will make all attempts to insure safety and to reduce any possibility of a negative incident by performing severa/ pre flight operations including but not limited to 6PS Homelock, Battery power check, Up-to Date Software Interface, Balancing Propeller Blades, Compass Calibration.

C.F.R. 91.109(a) Flight Instruction; Simulated Instrument flight and certain flight tests

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when— (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.

Because of the nature of sUAV, it is not possib/e to secure dual controls; however, since the DJI Phantom does have a homelock if loss of control occurs, the unit will return to starting point safely. When batterypower is low, the DJI Phantom will also return to home base. We believe this regulatlon may be

inapplicab/e.

C.F.R. 91.119 Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following
altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-contro/ aircraft. If the operation is conducted without hazard to persons or property on the surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

It is in the best interest of the public that maximum a/titudes are the relevant factor and not minimum a/titudes. We are seeking to cap our altitude to 300 feet AGL since we deem that altitude is satisfactory to obtain the necessary property information for most properties in our geographical area. Emergency situations of a sUAV is unlike fixed wing aircraft or helicopters and we do not believe that these regulations are applicable to our request. A/l our flights will be pre-planned, land or property owners notified as well as any local police .Al/ non-participants will be required to maintain a distance of 500 feet at all times.

C.F.R. 91.151(a) Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed— (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

All flights will be performed in good visible conditions since quality photography depends upon favorable lighting, visibility and wind conditions. Because of the light weight nature of the DJI Phantom2 Vision
Plus it is essential even with the use of a gimbal to fly fn favorable conditions. The Batteries in use have approximately 15 minutes of battery life but deem it necessary to assure safety to replace battery after10 minutes of flight time (approx. 30% remaining). Most photographic projects will be completed within

20 to 30 minutes and we wil! have FOUR Lithium batteries on hand.

C.F.R. 91.203 (a) &(b) Civil aircraft: Certifications required. (a) Except as provided in § 91.715 , no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under § 21.197 c of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197 c or an authorization under § 91.611 ) must have on it the registration number assigned to the aircraft under part 47 of this chapter . However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight
Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31 c or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

It is not practical or possible for a lightweight sUAV to carry certification and registration papers. There is no physical cockpit to display such documents and we therefore see that this is inapplicable; however, we deem it necessary to have our business identification and tax registration as well as any exemption that we hope to receive from the FAA available at any flight location that we are actively engaged.

C.F.R. 91.405 (a) Maintenance Required

Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ;

We deem it necessary to be exempt from this regulation since we be(ieve this to be inapplicable to a sUAV since there is no certificate of airworthiness to which this regulation refers; however it would be in our best interest to maintain and repair any defects that may jeopardize a safe and successful flight. All repairs will be conducted by qualified personnel and according to manufacturer's recommendations.C.F.R. 91.407 (a) (1) Operation after Maintenance,Preventative Maintenance,Rebuilding,or

Alteration

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter

We contest that presently there are no certified or authorized individuals that can "sign-off" on repairs made to the DJI Phantom 2 Vision Plus and a/l repairs wou/d have to be done with in-house or local knowledgeable technicians. The statistical chance of a serious mishap is quite minimal using our proposed operational procedures stated above We know that maintaining our sUAV with highest priority is the most va/uable way to insure successful operation and productive flights.

C.F.R.91409(a)(2) Inspections

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had—

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

As previously stated above, we deem it necessary to be exempt from this regulation since we believe this to be inapplicable to a sUAV since there is no certificate of airworthiness to which this regulation refers; however it would be in our best interest to maintain and repair any defects that may jeopardize a safe and successful flight. All repairs will be conducted by qualified personnel and according to manufacturer's recommendations

14 C.F.R. 91.417(a) Maintenance Records

(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 maintenance, 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
must include— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

each, the method of compliance, the AD or safety 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 engines, rotors, propellers, and appliances.

I Michael J. Gearin, licensed pilot, understand the need for a high degree of inspection with fixed wing aircraft and helicopters which were usually the AV of choice for our industry prior to the introduction of maneuverab/e, GPS controlled sUAV. The comprehensive nature of the above regulation is highly inapplicable to the very small, light aircraft associated with a sUAV. It is in our best interest to maintain a high degree of maintenance to insure high quality photography and to perform our photographic projects in a safe and efficient manner. The success of our company and emerging industry will depend upon se/f-policing until FAA regu/ations meet the specific maintenance requirements of sUav.

IV Public Benefits and Safety Concerns

Per our many statements in previous sections, and to avoid excessive redundanc , I, Michael J Gearin, the petitioner, offer the following reasons why the exemption would not adversely affect safety any greater than the existing level of safety required by other aircraft.

1. The physical characteristic of the DJI Phantom2 Vision Plus is very light weight even with payload and will not exceed 7 pounds. AII flights will be pre-planned. Maintenance and equipment checks will be strictly followed and will only be flown during favorable weather and daylight conditions. We refer you to all our operational procedures stated in Section II of this petition.

2. Since there is no organic fuel used to propel our sUAV there is little or no chance of explosion upon impact and there are no harmful emissions. Since the cost of operating a sUAV is far less costly than operating a fixed wing aircraft and helicopter, it affords the entrance of lower priced properties and their owners the benefits of aerial photography for marketing strategies.

By allowing companies specializing in sUAV photography to operate will reduce the need for thousands of Realtors and other potential users to purchase and enter the NAS, unauthorized and inexperienced. Services such as ours should decrease the need for many others to purchase sUAV and become a serious nuisance and potential hazard to the general public.

4. Finally, we believe that our approach is what Congress had in mind when it passed Section 333(a) through (c) of the Reform Act, namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the National Airspace System before completion of the rulemaking required under Section 332 of the Reform Act.

V. Summary

Our intention is to provide an authorized and safe UAV aerial photography service to complement our existing services. ( www.photoflight.com ), assisting Realtors, homeowners and other property owners to market and/or sell their properties, which in turn stimulate the local economy and can indirectly, benefit an entire community. Traditional Aerial photography tends to be considerably more expensive andusually limited to much higher priced properties. Many Aerial photographers hang out an opened

window with their cameras and although neck straps would be essential equipment not everyone uses them and there is always a risk of a falling object when a window is up. One might consider the fuel used is not ecofriendly. Since there is no fuel on a sUAV, there can be no emissions. In addition, there is much less risk using a sUAV for low flying aerial photography than a fixed wing aircraft or Helicopter. Our present equipment in use is the lightweight DJI Phantom 2 Plus Quadcopter (detail description and specs attached) equipped with a Flytrex Data/log Box (manual attached) We have well over three years of sUAV flight experience. I, Michael Gearin, (PIC) am a certified licensed small aircraft pilot with many hours of experience who will always be accompanied by an experienced ground observer

VI. Conclusion

In conclusion we refer you to all the arguments and safety precautions stated above and sincerely hope that the FAA administrator sees our organization as a credible and qualified entity to allow us to pursue an expansion of our already existing Aerial , Virtual Tour and professional Real estate Photographic service. Although Photo-Flight Aerial Media is a fledgling company it has evolved from 37 Years of experience within our industry. Testimonials and recommendations are available on request. Thank you for your consideration and we look forward to the FAA reply.

Very truly yours,

Michael J Gearin President/ Photo-Flight Aerial Media 25 Mountain Street Vernon, CT 06066