ALL AERIAL PHOTOGRAPHY 

948 Oakpoint Circle. Apopka, FL 32712 

adm·den(a super-bar.com 

Phone (407) 880-1402 

Fax (407) 880-6099 

Mobile (407) 467-1039 

February 21 , 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room Wl2-140 

1200 New Jersey Avenue, SE VIA ELECTRONICALLY 

Washington, DC 20590 VIA 

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal 

Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform 

Act") and 14 C.F.R. Part 11 , All Aerial Photography (CAV) seeks an exemption from Federal 

Aviation Regulations ("F ARs") detailed below for the following described Unmanned Aerial 

System called in this application the CA V System, which includes an Phantom 2 Vision+, quadcopter Unmanned Aircraft (UAS) and ground station-based equipment and crew: 

THE PHANTOM 2 VISION+ UNMANNED AIRCRAFT (UA): 

• A lightweight (maximum gross weight of3 pounds), electric motors powered by batteries 

and operated with four rotors in the form of a quad-copter that takes off and lands 

vertically, manufactured by DJI, PHANTOM 2 VISION+, 3-axel camera stabilization 

system; 

• An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller; 

• An Go Pro 3+ camera capable of capturing imagery in the form of full color, high 

definition still photos and video; 

• An on-board telemetry system that delivers flight data from the on-board flight computer 

to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site; 

• A 5.8GHz on-board radio transmitter that transmits live video from the on-board camera 

plus all the flight data from the telemetry system described above; Frequency 2462MHz 

THE GROUND STATION-BASED PART OF THE SYSTEM: 

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to 

end and who controls the UA while in the air; 

• A lOOmW, 2.4GHz radio transmitter/controller operated by the PIC to control the UA 

while in flight; 

• A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto a screen for the PIC to view during flight; 

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track 

the UA while in flight. 

The requested exemption would support an application for a commercial Certificate of 

Page 1 of 3 
Authorization to use the above described CA V System to conduct aerial videography and 

cinematography to enhance academic community awareness for those individuals and 

companies unfamiliar with the geographical layout of the metro Orlando, Florida and 

surrounding area and augment real estate listing videos. 

The UA, powered by batteries, is smaller, lighter, requires no fuel, 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 25 minutes with maximum air speed of 30 knots, this is offers little or no risk to 

national security. 

Low-level oblique photos and video from several angles are far more effective than groundbased imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 2-seat full-sized 

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 U A 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. 

The CAV System will be operated in the field with both a PIC and aVO in accordance with 

FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the 

following Restrictions: 

(a) No flight will be made with a UA Gross weight exceeding 55 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 25 knots and no further than 3/4 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 ofthe 

property owner; 

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft 

pilot and at least ten hours logged as a UA pilot with a similar UA type; 

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The CA V System will not be operated over densely populated areas; 

(h) The CA V System will not be operated at air shows; 

(i) The CA V System will not be operated over any open-air assembly of people; 

G) The CAV System will not be operated over heavily trafficked roads; 

(k) The CA V System will not be operated within 5 NM of an airport or heliport; 

(1) The CA V System will not be operated over properties smaller than two acres in size; 

(m) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(n) The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location; 

(o) No flight may be made without a Pre-Flight Inspection by the PIC before each operation 

Page 2 of 3 
to ascertain that the UA is in a condition safe for flight (see Appendix A). 

The PIC and YO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 

personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the 

system and will complete a course of maintenance instruction as part of their initial training. 

We submit that the combination of the UA's light weight, flight performance and ability, fully 

qualified flight crew and strict operation under the guidelines established in 8900.227, and 

under all of the Restrictions (a) through ( o) listed above, the FAA can have full confidence 

that the operation will have an equivalent or greater level of safety than manned aircraft 

performing the same mission. 

The name and contact information of the applicant are: 

All Aerial Photography, LLC 

Attn: Anastasia Durden 

Phone: ( 407) 880-1402 

Fax: (407)880-6099 

Email: adurden@super-bar.coll} 

The Title 14 Code of Federal Regulations from which the exemptions are requested and listed 

below. Beside each regulation number is the page of the attached Addendum upon which each 

may be found together with our proposed equivalent level of safety for each regulation: 

- 14 CFR Part 21 ...... ... ......................... ....... Addendum Page 4 

- 14 CFR 45.23(b) ................ ...... ... ... ........... Addendum Page 4 

- 14 CFR 61.113(a); 61.113(b); ...... .. .......... ..... Addendum Page 4 

- 14 CFR 91.7(a); 91.9(b)(2); 91.103(b) ............. Addendum Page 4 

- 14 CFR 91.109; 91.119; 91.12l.. ...... ...... ..... .. Addendum Page 3 

- 14 CFR 91.151 (a); 91.203(a) & (b) .... .. ..... .. .. Addendum Page 4 

- 14 CFR Subpart E (91.405(a); 91.407(a)(l) .... .. Addendum Page 4 

- 14 CFR Subpart E (91.409(a)(2); 91.417(a) & (b)) Addendum Page 4 

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l) ... Addendum Page 4 

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional information 

or clarification. We look forward to working with your office. 

Sincerely, 

stasia Durden 

All Aerial Photography 

Addendum containing Exemption Requests and Equivalent Level of Safety 

Appendix A - Flight Manual 

Appendix B- Owner's Manual for Phantom 2 Vision+ (UA) 

Page 3 of 3 
ADDENDUM 

EXEMPTION REQUESTS AND EQUivALENT LEYEL OF SAFETY 

All Aerial Photography, requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the CA V System: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

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. 

Section 45.23(b) prescribes that when marks include only the Roman capital letter "N"and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation 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. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is inan airworthy 

condition. 

Section 91.7 (b) prescribes that the pilot in command of a civil aircraft is responsible for 

determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue 

the flight when unairworthy mechanical, electrical, or structural conditionsoccur. 

Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in 

Addendum Page 4 of 10 
the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

Section 91.1 03 (b) prescribes that a pilot shall for any flight, become familiar with runway 

lengths at airports of intended use, and takeoff and landing distance information. 

Section 91.1 09( a) prescribes, in pertinent part, that no person may operate a civil aircraft (except 

a manned free balloon) that is being used for flight instruction unless that aircrafthas fully 

functioning dual controls. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no personmay 

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-control 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. 

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set available within 100 NM of the aircraft " ... to the 

elevation of the departure airport or an appropriate altimeter setting available before departure." 

Section 91.151 (a) prescribes that 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 [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraftunless it 

has within it (1) an appropriate and current airworthiness certificate; and (2) aneffective 

U.S. registration certificate issued to its owner or, for operation within the United States, the 

Addendum Page 5 of 10 
second copy of the Aircraft registration Application as provided for in § 4 7.31 (c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless 

the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers orcrew. 

At a maximum gross weight of 5.3 pounds, the UA 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 co-located with the crew at the ground control station and 

available for inspection upon request. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall havethat 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in part 43 of the chapter. 

Section 91.407(a)(l) prohibits, in pertinent part, any person from operating an aircraft thathas 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under§ 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that-

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records ofthe maintenance, preventive maintenance, and alteration and 

records of the 1 00-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) andeach 

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 

Addendum Page 6 of 10 
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 ofthe forms prescribed by§ 43.9(d) ofthis chapter foreach 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed. 

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

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

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

§ 43.11 of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service. 

Concluding, the Phantom 2 Vision+ aircraft (UA) will not carry persons or property, will not 

carry fuel, and will only fly under strict operational requirements. Combined with the UA's 

lightweight, 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 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. 

The UA is battery operated and the maximum duration of flight from a single battery charge is 

25 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the 

Addendum Page 7 of 10 
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". 

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." As provided in the Pre-Flight Checklist 

in Appendix A, 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 designated repair facility. The 

PIC will document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety. 

The UA maximum gross weight is 3.0 pounds and the PIC is not on board. Both the PIC and the 

VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become 

medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site 

of launching and land without crew intervention. 

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial 

pilot carrying passengers in a large aircraft is an unnecessary burden. 

The UA 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 takeoff point is transmitted via radio from UA on-board computer to 

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

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the 

PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a 

much larger vehicle. 

U AS Operating Parameters 

The petitioner states that he will abide by the following additional operating conditions under this 

exemption: 

• operate his UAS below 300 feet and within a radius distance of 1000 feet from the 

controller to both aid in direct line of sight visual observation; 1 

• operate the U AS for 15 minutes per flight; 

• land his UAS prior to the manufacturer's recommended minimum level ofbattery 

power; 

• operate his UAS only within visual line of sight (VLOS); 

• use the UAS' global positioning system (GPS) flight safety feature whereby it hovers 

and then slowly lands if communication with the remote control pilot is lost; 

• conduct all operations under his own personal and flight safety protocols (including 

posting a warning sign reading: "Attention Aerial Photography in Progress- Remain 

Addendum Page 8 of 10 

---------------------- --·-------------
Back 150 feet") contained in the operating documents and will actively analyze flight 

data and other sources of information to constantly update and enhance his safety 

protocols; 

• contact respective airports if operations will be within 5 miles to advise them ofhis 

estimated flight time, flight duration, elevation of flight and other pertinent 

information; 

• always obtain all necessary permissions prior to operation; and 

• have procedures in place to abort flights in the event of safety breaches or potential 

danger. 

Addendum Page 9 of 10 
APPENDIX A- FLIGHT MANUAL 

FLIGHT RESTRICTIONS 

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

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

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

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

communicate verbally at all times during a flight operation; 

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

property owner; 

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at 

least ten hours logged as a UA pilot with a similar UA type; 

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The CA V System will not be operated over densely populated areas; 

(h) The CA V System will not be operated at air shows; 

(i) The CA V System will not be operated over any open-air assembly of people; 

G) The CA V System will not be operated over heavily trafficked roads; 

(k) The CA V System will not be operated within 5 NM of an airport or heliport; 

(1) The CAV System will not be operated over properties smaller than two acres in size; 

(m) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(n) The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location; 

(o) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the U A is in a condition safe for flight. 

PRE-FLIGHT CHECKLIST 

(1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected 

premature descent; 

(2) Check all wiring connections are tight; 

(3) Check all propellers are undamaged and no cracks exist in any structural members ofthe UA; 

(5) Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all 

control switches to forward or down position and throttle control stick full back position; 

(6) Connect UA main battery, check for radio contact with UA's radio receiver; 

(7) At a location different from previous flight, re-set GPS and compass to current location; 

(8) Tum on transmitter, gimbal and camera. 

TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

1. Failsafe = ON If radio contact is not restored, the UA 

2. Throttle = 50°/o will automatically continue at 60ft. 

3. Mode = A TTl above its last elevation before losing 

4. Failsafe= OFF 

Mode= G 

contact toward its takeoff point, then 

descend and land there autonomously 

Addendum Page 10 of 10