Page | 1

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 Se p tember 1

, 2015

Docket Operations, M

- 30 U.S. Department of Transportation (DOT) Docket Management System 1200 New Jersey Ave., SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Dear Sir or Madam:

Attached please find John Wark

- Airphoto ( John Wark

- Airphoto ) request

, as a member of the Professional Aerial Photographers Association , International (PAPA)

, for an exemption from the

list ed Federal Aviation Regulatio ns to allow commercial operation of its Small U nmanned Aircraft Systems ("sUAS ") for aerial imaging to include video and still photography . This exemption r equest is initially for the use of the Phantom 3 Pro s U AS manufactured by DJI, an

established sUAS company and in accordance with the sUAS training and certification program as administered by PAPA

.

Also attached to this letter is the e quipment “ John Wark

- Airphoto Flight Manual ” (Manual)

, which outlines the operating requirements, limitations, and tech nical specifications for the DJI System as used by John Wark

- Airphoto

. John Wark

- Airphoto has reviewed this Manual and has found it to be acceptable for sUAS operation s . Applicant submits this manual as a Confidential

document under 14 CFR 11.35 (b) as the entire M anual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom

of Infor mation Act 5 USC 552 et. seq.

Thank you for your time and consideration, and please let me know if you have any questions.

Sincerely,

J o hn Charles W ark

John Wark

- Airphoto ProprieterPage | 2

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 September 1

, 2015

Docket Operations, M

- 30

U.S. Department of Transportation (DOT) Docket Management System 1200 New Jersey Ave., SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.151(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, John Wark

- Airphoto ( John Wark

- Airphoto )

, an aerial photography and digital imaging company , on behalf of itself and its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography , 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.

As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by John Wark

- Airphoto during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association , International (PAPA)

. John Wark

- Airphoto is a member of the Professional Aerial Photographers Association

- International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS) . Principal employees have rec eived ground school training and have logged well over 25 hours of sUAS flight operations. The Pilot In Command ( P IC) proposed by John Wark

- Airphoto is an FAA

licensed pilot with years of safe and successful aerial photography operations. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the N ational A irspace S ystem." Section 333(c) o f the Reform Act.Page | 3

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 The name and address of the applicant is:

John Wark

- Airphoto

4 21 N. Main Street, Suite 103

P ueblo, CO 81003

PIC

- J ohn Charles Wark

, FAA Licensed Pilot ( Commercial SEL )

PH: 7 19

- 542

- 5719

Email: j ohn@johnwark .com

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) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 109

14 C.F.R. 119

14 C.F.R. 121 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. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness

certif icate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the pub lic, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operatorPage | 4

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 • Whether the sUAS operat es outside of highly populated areas and away from close proximity to airports

Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. § 333(c)

John Wark

- Airphoto sUAS are multirotor vehicles, weighing 2 0 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 7 0 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The s UAS will operate only in the Pilot's visual line of sight at all times and will operate only within the

controlled “A r ea of Operations” de scribed in the Confidential John Wark

- Airphoto Flight

Manual (Manual)

, attached as Exhibit 1 (hereinafter "Manual"). Such operations will e nsure that

the sUAS will "not c reate a hazard to users of the N atio nal Airspace S ystem or the public." Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted and controlled e nvironment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. A lso, due to the small size of the
sUAS, altitudes

, and controlled areas in which the sUAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly

, John Wark

- Airphoto respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Thi s law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfil l Congress's intent of allowing UAS to operat e with significant safety precautions in low risk environments.

The use of sUAS on aerial photography operations can significantly reduce the risk to photographers and participants . sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require direct access or manned aircraft

.

Additionally, sUAS could replace the use of helicopters and small aircraft to produce imagery for various purposes . Th e sUAS we propose to fly in this application are less than 20 pounds, and carry no combustible material on board, as opposed to the much larger conventionallyPage | 5

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 powered small aircraft. S hifting to sUAS from manned aircraft presents a marked safety increase

f

or our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS used by John Wark

- Air photo use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY AND SECURITY

John Wark

- Airphoto proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the curre nt regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on imaging and photography operations conduct ed with conventional aircraft.

John Wark

- Airphoto will be bound by the following lim itations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 2 0 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 2 0 minutes. The operator calculates battery reserve , and will return the sUAS to the "D esignated S afety Z one " with at least 20% battery power reserve should that occur prior to the 2 0 minute limit.

4. Flights will normally be operated at an altitude of not more than 400 feet AGL, but never in controlled airspace without prior coordination and approval of ATC

. 5. Flights will not be conducted within the surface area of controlled airport airspace without prior coordination and approval of ATC.

6. Flights will not b e conducted within 5 miles of any uncontrolled airport without prior coordination and approval of the airport authority.

7. Crew for each operation will consist of the sUAS O perator who will keep the sUAS within

his vi sual line of sigh t at all times and a qua lified O bserver.

8. The sUAS operator will be trained in flight, operations, and safety procedures as detailed in the Flight Manual.

9. The sUAS will only operate within a confined " Area of Operations " as defined in the Manual

, including but not limited to evalu ation of the airspace by reference to a current 1:500,000

scale FAA Sectional Aeronautical Chart

. The Manual also requires the establishment of a

" Designated Safety Zone " for the flight operations area.

10. A b riefing will be conducted regarding the planned sUAS operations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties

within the bo undaries of the Designated Safety Zone be present for this briefing.

11. All onsite personnel will consen t to the UAS flyover on site by waiver, and the O perator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation.Page | 6

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 12. Operator will have been trained in operation of UAS generally and will hav e received up

- to

date information on the particular s UAS to be operated as required by the John Wark

Airphoto Manual.

13. Necessary w ritten and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits will be obtained from territorial, state, country, or city juri sdi ctions, including local law enforcement, fire, or other appropriate government agencies.

15. If the sUAS loses communications or loses its GPS signal, it will have the capability to enter

"loiter mode" and hover, reestablish satellite connection, and return to a predetermined

location within the "Designated Safety Zone" and land.

16. John Wark

- Airphoto personnel will be easily identified by law enforcement personnel and the Public through wearing a green fluorescent or blaze orange vest with Section 333 Grant and PAPA credentials prominently displayed within a weatherproof container on the persons

back.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passenge rs, the proposed operations can achieve the equivalent level of safety of current operations by requiring the O perator operating the aircraft to have completed a

sUAS flight training course of 25 hours before flying a sUAS (See the John Wark

- Airphoto

Manual for details) or meeting any FAA pilot licensing requirement

. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicable , and all flights are planned and

coordinated in advance as set forth in the John Wark

- Airphoto Manual.

The sUAS to be operated hereunder is less than 2 0 lbs. fully loaded, car ries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and opera tes exclusively

within a controlled A rea of O peration as set out in the John Wark

- Airphot o Manual. Like other civil aircraft, operations under this exemption will be tightly c ontrolled and monitored by the

O perator, pursuant to the John Wark

- Airphoto Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for t he Area of

O peration as is currently done on aerial photography operations . The FAA will have advance notice of all operations as required

.

The risks associated with the operation of the sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as requested

, with an operator who has met the minimum requirements

stated in the John Wark

- Airphoto Manual

, achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b).Page | 7

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 14 C.F.R. 91.103: Preflight Action

This regulation requires that each O perator in C ommand take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight

Checklist in the John Wark

- Airphoto Manual. Thes e actions will provide an equivalent level of safety.

14 C.F. R. 91.119: Minimum/ Maximum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mini mums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of less than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitude s higher than the base of controlled airspace without prior approval and c oordination with ATC and will be in

a C ontrolled A rea with a "Designated Safety Zone" , where buildings and people will not be exposed to operations without the specified pre

- obtained consent. ( See John Wark

- Airphoto Manual for detailed procedures. )

The equ ivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner or local officials. Because of the advance notice to the property owner and any onsite personnel

, as outlined in the John Wark

- Airphoto Manual, all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 2 0 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low

- altitude operations of the sUAS will ensure separation between sUAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available befor e departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the John Wark

- Airphoto Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beg inning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments as outlined in the John Wark

- AirphotoPage | 8

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a)

The battery powering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would necessarily be impossible to conduct . Given the limitations on the sUAS's proposed flight area and the location

of it s proposed operations within a predetermined area, a shorter time frame (less than 30 minutes) for flight in daylight or night VFR conditions is reasonable.

John Wark

- Airphot o believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Cor poration to operate without compliance with FAR 91.151 (a)). Operating the small sUAS, in a controlled area where only people and property o wners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

An equivalent level of safety can be achieved by limiting flights to 2 0 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the operat or ), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 57 45, 10673, and 10808.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in the 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...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these se ctions and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to John Wark

- Airphoto . Maintenance will be accomplished by the operator and pursuant to the flight manual and operating handbook as referenced in the John

Wark

- Airphoto Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise

, the sUAS can land immediately even if operating a t a maximum of 1200 feet AGL . As provided in the John Wark

- Airphoto Manual, the

operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to C.F.R. Part 11, the following su mmary is provided for publication in the Federal Register, should it be determined that publication is needed:Page | 9

Professional Aerial Photographers Association

- International Section 333 Doc 15

- 0 1 3 Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7

(a); 9 1.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography operations.

Approval of ex emptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 2 0 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUAS, weighing less than 2 0 lbs., conducted in the strict co nditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft o perate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations co nducted with manned aircraft operating in close proximity to the ground and people.

Privacy

All f lights will occur over private or public property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or

otherwise having agreed to be in the area where aerial photography will take place.

Satis faction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate j ustification for the grant of the requested exemptions allowing commercial operation of applicant's sU AS in the aerial photography industry pursuant to the Manual appended hereto.

Sincerely,

J ohn Charles Wark

John Wark

- Airphoto

P roprieter