Perch Photography, LLC

Jonathan Howard

3833 Grant Ridge Ln 

Antioch, TN 37013

(615) 852-8182 jonathan@perchphotography.com

Date: April 20, 2015 

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590 

RE: Petition of Perch Photography, LLC for Exemption Pursuant to Section 333 of the 

FAA Reform Act 

Attn: To whom it may concern 

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

Act) and 14 C.F.R. Part 11, Perch Photography, LLC, operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) 

to allow commercial operation of its sUASs, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.1 

As described more fully below, the requested exemption would permit the operation of 

small, unmanned and relatively inexpensive sUAS under controlled conditions in 

airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if 

granted, would allow Perch Photography, LLC to conduct commercial operations of 

small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational 

and safety requirements Congress has set forth in Section 333. Page 2 

Perch Photography, LLC is a media/technology company owned and run by Jonathan 

Howard. Mr. Howard has been active in Radio Controlled Aircraft for the past 2 years 

with experience rotary wing aircraft.

Perch Photography, LLC plans to exploit the capabilities of Unmanned Aerial Systems to 

offer a multitude of services, including:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes 

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring 
Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil 

UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system 

before completion of the (comprehensive) plan and rulemaking required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 

332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited 

operation authorization” if several factors are met. Petitioner meets all requirements to 

permit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief From the Following: Regulations from which the 

exemption is requested: 14 C.F.R. Part 21

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109 

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to 

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a 

much smaller environmental impact which promotes public safety. 

We are petitioning for exemption to enable Perch Photography, LLC to operate a DJI 

Inspire 1 upgraded to the latest firmware and equipped with a three-axis camera gimbal 

and using a 4K camera. This sUAS has a built-in capability to limit the height it flies 

above the ground, to limit the radius of the distance it flies from the operator. The Inspire 

1 also has the failsafe function of the autopilot system which means when the 

communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from controller will go to the center position. If the GPS 

signal is good enough, the system will automatically trigger Return to Home and will 

land safely. 

Please refer to the link to the DJI Inspire 1 Instruction Manual for the performance 

limitations and flight operations. 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

Aircraft weight is 104oz. with battery, 3 Axis Camera Gimbal and Camera
A Pre-flight inspection will be performed by the PIC in accordance with the factory 

instruction manual. An added step will be the inspection of the propellers. A propeller 

will be replaced if it has any nicks and cracks with a manufacturers authorized propeller. 

The sUAS will be maintained in accordance with the manufacturers instruction manual 

and only manufacturer's authorized replacement parts will be used. 

FCC Information 

This DJI C1 transmitter used for controlling the sUAS complies with part 15 of the FCC 

rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference 

received, including interference that may cause undesired operation.

The DJI C1 radio transmitter used for controlling the sUAS is wireless technology which 

has been tested and found to be compliant with the applicable regulations governing a 

radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating our DJI C1 transmitter, the PIC will maintain a separation distance of at 

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the 

antenna to meet RF

exposure safety requirements as determined by FCC regulations. 

Pilot in Command and Observer Qualifications and Duties 

The PIC will maintain at least 2 hours flying time and 3 takeoffs and landings within 30 

days in the type of UAS utilized in operations.

The PIC will have at least 50 hours total time and at least 30 hours flying Radio 

Controlled Model Aircraft of which will be 10 hours flying sUAS's. 

Training will be conducted at a local Radio Control Club flying field. Perch Photography 

has the ability to provide "dual controls" utilizing two DJI C1 transmitters with a wireless 

link between the transmitters. One transmitter is designated the master transmitter and the 

other transmitter is designated as a slave. The PIC instructor, utilizing the master 

transmitter, will be at all times be able assume control of the sUAS. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation, in flight operation, post flight requirements, all 

procedures including but not limited to: 

Safe in flight operations

Risk Mitigation to Persons and property Airfield Suitability 
The Observer must have the visual acuity to observe the sUAV and be able to 

communicate clearly with the PIC.

The Observers duties are; 

warning the PIC of any impending obstacles in the flight path of the sUAS.

warning the PIC of any deviations in the planned flight path of the sUAS.

warning the PIC should any unauthorized personnel appear in the area of the planned 

flight. The Observer will have the authority to order the PIC to terminate the flight should 

he feel the flight cannot be conducted safely. 

General Operating Standards 

• Perch Photography, LLC will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas. 

Such operations will insure that the sUAS will "not create a hazard to users of the 

national airspace system or the public." 

• Before an operation of a sUAV within 5NM of an airport with a control tower, the 

control tower will be called to gain permission to operate the sUAS. The PIC will give 

the position, altitude and the times the sUAV will be operated. The sUAS will not be 

operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles 

visibility and a 1000 foot ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUAV be operated within the final approach course 

and the takeoff course of any runway. The sUAV will not be operated at an altitude of 

over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

• Maximum flight time for each operational flight will be 25 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 25 

minute limit. 

• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbals). 

• The sUAV will operate at speeds of no more than 60 knots, can hover, and can 

simultaneously move vertically and horizontally. 
• Given the small size of the sUAV and the restricted sterile environment within which 

they will operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 20 minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The applicants in the past have chartered 2-seat fullsized helicopters for this purpose, which has proven more costly than many potential 

clients have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real 

property. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so. 

(a) No flight will be made with a Gross weight exceeding 35 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 60 knots and no further than 1 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner; 

(e) All required permits will be obtained from state and local government prior to 

operation;

(f) Perch Photography, LLC will not be operated over densely populated areas;

(g) Perch Photography, LLC will not be operating over any open-air assembly of people; 

(h) Perch Photography, LLC will not be operating over heavily trafficked roads;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Perch Photography, LLC requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the sUAV 

System: 
14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, we request an experimental certificate be issued for the DJI Inspire 1 under 

either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes: (a) Research and development. Testing new aircraft design concepts, new 

aircraft equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations 

to

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major 

design

changes, and flights to show compliance with the function and reliability requirements of 

the regulations. Since the experimental certificate can be used for commercial purposes 

such as market surveys, sales demonstrations, and customer crew training, we would 

expect that an experimental certificate would permit our commercial purpose as well. The 

aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA's light weight, being constructed 

primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if 

not safer, than a conventionally certificated

aircraft performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart 

H,

and the requirement for an airworthiness certificate in general, citing the equivalent level 

of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display 

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to 

it by the FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the 

PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, we feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground 

station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM 
of the ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to 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. Our proposed 

operations require that the PIC must hold at least a Private Pilot Certificate with a Class 

III Medical issued by the FAA and since the aircraft cannot carry passengers or property, 

we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved sUAS Flight Manual must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests 

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." Training will be 

conducted at a local Radio Control Club flying field. Perch Photography has the ability to 

provide "dual controls" utilizing two DJI C1 transmitters with a wireless link between the 

transmitters. One transmitter is designated the master transmitter and the other transmitter 

is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all 

times be able assume control of the sUAV. 

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 
obtained and careful pre-planned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 20 minutes. We feel the intention of this paragraph is to provide 

an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated 

and the maximum duration of flight from a single battery charge is 15 minutes with a 

20% reserve. Since the aircraft will never fly more than 1 NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum 

gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have 

an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent 

level of safety and meet the intent of 91.203, we propose that documents deemed 

appropriate for this aircraft by the FAA will be with the crew at the ground control station 

and available for inspection upon request. In order to identify the aircraft, we propose that 

the information found on airworthiness and registration certificates be permanently 

affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC 
perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every 

two hours of flight. Maintenance performed by the PIC is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The PIC will document work performed 

in accordance with 91.417. We feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

Perch Photography, LLC will be using the UAS in a variety of applications that generally 

require expensive full-size manned aircraft to complete. Small, light, unmanned aerial 

vehicles offer myriad benefits over the use of full-sized manned aircraft for electric 

power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still 

photography, just to name a few. Replacing significantly larger manned aircraft carrying 

crew and flammable fuel with small UAS carrying no passengers or crew creates a much 

greater margin of safety for the pilots and crew. By granting Perch Photography‘s 

requested exemptions, the FAA will help drive development of safe and successful 

commercial UAS operations and will advance the public knowledge base for such 

operations. Perch Photography, LLC is committed to promoting the UAS research efforts 

of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its 

commercial UAS operations and serving as a resource for future UAS research 

operations. Thus, the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the 

line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and 

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with 

aviation activities, unless the air traffic control authorities (ATC) have been notified and 

have authorized each flight within a radius of this distance. 

All our SUAs have proven capability for controlled flight. They are devices offered for 

general sale on the market around the world and have often been used as Model Aircraft 

in the USA. We are certain that the studies conducted until now by the FAA, about 

Section 332, Public Law 112-95, 2014, have already provided you with the assurances on 

the airworthiness of SUAs such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Perch 

Photography, LLC should be permitted to conduct small UAS operations in accordance 

with its manuals and all other operating parameters deemed necessary and appropriate by 

the FAA. The submission of this application and its contents is the best demonstration 
that indeed it is possible to pursue the authorization process so that some SUAs may be 

used for legitimate commercial activities and under reasonably safe conditions. 

Signed

Jonathan Howard

Perch Photography