Mr. Mark Bradford Foley

Unlimited Aerial Videos LLC 32 E Co Hwy 30A, Unit 4 Santa Rosa Beach, FL 32459

June 15 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Petition for exemption re quest under Section 333 of Public Law 112

- 95

Dear Sir/Ma’am:

Unlimited Aerial Videos LLC (Petitioner) seeks relief from 14 C

. F

. R

. §§ 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) so as to op erate an unmanned aerial system (UAS) to conduct aerial video and photography pursuant to
Section 333 of Public Law 112

- 95.

Interest s of the Petitioner

The petitioner requests permission t o pursue commercial operation s using a small UAS weighing less than 55 pounds and equipped to support the following services:

- C onstruction

- Real E state

- M arketing

- A rchitecture

- Search and R escue

Petitioner’s Operating Platform

The petitioner seeks an exemption to employ the DJI Phantom 2 Vis i on+ as the operating platform for compensation or hire for the aforementioned services. The Phantom 2

Vision+ is a multi

- rotor UAS capable of precis ion flight, stable hovering

, GPS positioning

, and return home functions with technical specificatio ns outlined in

Attachment 1 accompanying this document. The Phantom 2 Vision+ has a history of proficient operations and has met the safety standards used b y the Federal Aviation Administration (FAA) on pr evious Section 333 exemptions.

The DJI Phantom 2 Vision+ will be operated by the petitioner and register ed in

accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R p art 47,2 Aircraft Registration . The platform will also have identification (N

- Number) markings in accordance with 14 C.F.R. p art 45 s ubpart C

, Identification and Registration Marking

. Markings will be displayed on the UAS in a manner that is as large as practi ca ble.

Additionally, in reference to 49 U.S.C. 44704, and with consideration of platform’s size, weight, speed, and limited operating area associated with the UAS and its operations

, the petitioner’s UAS currently meets the statutory criteria of S ection 333 of Pu blic Law 112

- 95 and therefore does not require an airworthiness certificat e in accordance with 14 C.F.R. p art 21, Certification procedures for products and parts, Subpart H

– Airworthiness Certificates

.

Basis for Petition and Public Benefit

This exemption will support a commercial business that provides aerial photography and videography for real property in addition to surveys for construction sites and architectural development for landscapes over certain area s of the United States. In man y instances, using UAS platforms for photography/videography provides a better capability

for captu ring high er resolution and higher quality images, and it can be further accomplished from pers pectives that cannot be repeated by the maneuvering of manned

a ircraft and/or from satellite photographs

.

The petitioner’s UAS is battery powered, highly maneuverable, light weight, and appropriately frang ible, and is thus presented as a cost effective platform for capturing aerial data at a significantly reduced risk level than manned aircraft operation s wi th combustion engines. While the UAS operates at similarly low

- level altitudes as manned rotary wing platform s , it is capable of providing aerial d ata for business requirements

with no souls on board

, and thereby diminish ing the likelihood of death or serious bodily injury from a mishap.

The cost of using a UAS for photography/videography is significantly less than the expense of contracting a helic opter, f or example, in an effort to capture the same photography/videography that a business opportunity requires.

Battery operation versus the by

- product of combustion engines is a contributing factor to the public good in that the operation of this UAS is safer to the environment.

The petitioner also request s an exemption so that the UAS can be utilized in support of first responders of emergency services that might request assistance for search and rescue operations.

Regarding the Unmanned Aircraft Pilot in Command (PIC)

With respect to the operation of the UAS, the petitioner will function as a PIC with a Private P ilot or highe r level rating , an appropriate medical certificate, and the minimum flight

- hour and currency requirements . The PIC will safely operate the UAS in a manner3 consistent with this exemption, including evasive and emergency maneuvers

, and will

mainta in a ppropriate distances from persons , vessels, vehicles

, or structures

.

The PIC is a qualified airme n with approximately 60 manned flight hours as a private pilot with a n Airplane Single Engine L and certificate, and formerly with 1,500 of military manned flight hours with an aeronautical rating of Senior Pilot from the United States Air Force. The PIC is further experienced with ext ended flight below 500 feet over flat, rolling, and mountainous terrain.

Prior to each flight, the PIC will research and make note of applicable f light planning materials, including NOTAMs, weather, and any associated airspace considerations within the route of flight

.

To ensure the UAS is in a condition for safe flight, the petitioner will use experienced personnel or technicians to perform aircraft sustainment measures such as preflight inspections, maintenance and repair, and updates or m o difications to the UAS using prescribed methods, techniques and best practices in accordance with the Phantom 2

Vision+ User Manual outline d in Attachment 2 accompanying this document. The petitioner’s PIC will further note all operational cautions and w arning s presented in the

Phant om Pilot Training Guide outlined in Attachment 3 accompanying this document.

To the full extent possible, the PIC will only operate over private property or controlled access property with the owner’ s prior permission or consent. When necessary, applicable permits will be acquired from local authorities.

The PIC will log qualification flight hours and currency in a manner consistent with 14

C

. F

. R

. § 61.51(b)

.

The operation of the Phantom 2 Vision+ UAS will be safely condu cted to minimize risk to the National Airspace System (NAS) or to persons of property on the ground through

the strict adherence to the conditions outlined in its UAS operations below

.

UAS Operations

The petit ioner will operate the UAS platform in accor dance to the following conditions

and limitations:

- The weight of the platform will be less than 55 pounds

, including payload

- T he UAS will not be operated at a speed exceedin g 87 knots (100 miles per hour) and airspeeds greater than the maximum limiting airspeed recommende d by the aircraft

manufacturer

- Operated at an altitude of no more than 400 feet above ground level (AGL)

- Operated within visual line of sight (VLOS) of the PIC at all times.4 - For all operations, u tilization of the UAS will be conducted with the participation of a

visual o bserver (VO) who will be able to communicate effectively with the PIC at all

times

, and will be qualified to perform the duties requi red for safe UAS operations

- Operations of the UAS will be conducted in accordance with the conditions and

limitations outlined in its operating documents

- Performance of a functional check flight before operations if the UAS has undergone

maintenance or alternations that may affect its operation or flight characteristics

- Responsibility for maintaining and inspecting the UAS in a condition for safe operation

- Conduct pre

- flight inspections prior to operations

- Adherence to the UAS manufacturer’s maintenance, overhaul, replacement, inspection,

and l ife limitations for the UAS and its components

- Compliance with all the UAS manufacturer’s safety bulletins

- The PIC will have a minimum of a private pilot’s license, current FAA airman medical

certi ficate, and meet the flight review requirements specified in 14 C

. F

. R

. § 61.56 for

which the PIC is rated

- The PIC will demonstrate the ability to safely operate the UAS in a manner consistent with how the UAS will be operated

- The PIC will operat e the UAS in accordance with 14 C

. F

. R

. § 91.119 during training, proficiency, and experience building flights

- All UAS operations will be conducted during day light hours and under visual meteorological conditions (VMC)

- Operations will not be conducted wit hin 5 nautical miles of an airport unless prior permission is obtained through a letter of agreement by the airport management

- The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from clouds or when visibility is less than 3 statute miles from the PIC

- The UAS must return to a predetermined location of operation if it loses communications or GPS signal from the ground controller

- The PIC must terminate flight of the UAS in the event of an emergency or the prese nce of an unpredicted obstacle in the confines of the operation5 - The PIC will not operate the UAS unless it has enough power to complete the operation with at least 5 minutes of reserve battery power available (or greater if recommended by

the manufactur er)

- All operations will be conducted with an Air Traffic Control (ATC) issued Certificate of Waiver or Authorization (COA)

- The documents that ensure the safe operation and flight of the UAS and any documents required under 14 C

. F

. R

. §§ 91.9 and 91.20 3 will be available to the PIC at all time during UAS operations

- The PIC will operate the UAS in a manner that remains clear and gives the right

- of

- way to all manned aviation operations

- The UAS will not be operated from any moving device or vehicle

- All UAS flights will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, or structures unless covered by a barrier or structure

, and with a safety

assessment of the risk for operation closer than prescribed.

- All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative

- 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

- The PIC will further not operate the UAS in a careless or reckless manner, at locations that are restricted or prohibited , under the influence of alcohol or while under the influence of any drug that could adversely affect the ability to safely operated the UAS, or carry a payload of pyrotechnic devices or drop objects that could be a hazard to
persons or property

Request ed Exemptions

The Petitioner seeks an exemptio n from provisions of 14 C.F.R. p arts 61 and 91 for the purposes of conducting commercial operation s of a UAS. The following are selected

sections of 14 C.F .R. for which an exemption is sought and the ope rating procedures and

processes that the p etitioner has implemented to ensure a n equivalent level of safety.

14 C.F.R. § 61.113

, 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 for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.6 Wh ile the petitioner intends to use the UAS for c ommercial business, the UAS does not carry persons, passengers, or cargo. In order to ensure an equivalent level of safety, the

PIC will hold , at a minimum, a Private Pilot, Airplane Single Engine Land certif icate,

unders tand the conditions and limitations of airspace and communications, have proficien cy with UAS flight characteristics, and demonstrate an applicable level of safety and efficiency in training and operations of the platform.

14 C.F.R. § 91.7, Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition.

The FAA has stated that no exemption is required to the extent that the requirements of

14 C.F.R. part 21 are waived or found inapplicable. D uring operations of the UAS, the

PIC will conduct a pre

- flight inspection , note applicable flight planning information, and

op erate the UAS with consideration of the manufacturers user manual and flight training notes, cautions, and warnings. While the re q uirement of 14 C.F.R. § 91.9 to have a flight manual in the aircraft is not possible, and in complying with all operating limitation specific to the UAS, the PIC will keep the flight (user) manual with the ground controller

at all times.

14 C.F.R. § 91.119, Minimum safe altitudes: General. (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.

The petitioner’s UAS lacks flammable materials, is highly maneuverabl e, light weight, and appropriately frangible, and therefore does not pose the same amount of risk in the

low

- level environment as do conventional aircraft . As indicated in the UAS Operations of this petition

, risk will be mitigated by having nonparticipants covered by a barrier or

structure. Moreover, when flying over landscapes, the PIC will operate over private property or controlled access property wit h the permission of the property

owner/controller

, provide a briefing of the intended route of flight, and conduct a safety

asse ssment of the risk for flight closer than what is prescribed by this regulation.

14 C.F.R. § 91.121, Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when
operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter settin g available before departure;7 While this regulation requires that an aircraft shall maintain an altimeter setting available

wi thin 100 nautical miles of that aircraft or from an appropriate available station, t he

FAA has stated in previous exemptions that an equivalent level of safety can be achieved

if the UAS is operated at or below 400 feet AGL, within visual line

- of

- sight of the operator, and with GPS based altitude information that can be relayed in real time to the
operator

. The petitioner’s UAS has a real

- time GPS altimeter capability that is displayed on the PIC’s ground controller.

14 C.F.R. § 91.151, 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 s peed

— (1) During the day, to fly after that for at least 30 minutes;

The petitioner’s UAS operates on battery power with a maximum flight per battery of approximately 25 minutes. Requiring a 30 minute reserve is technologically not feasible

for th e opera tion of this platform. The FAA has granted exemptions in circumstances similar in material respects to battery life

, and thus the petitioner submits that an equivalent level of safety for the Phantom 2 Vision+ can be achieved with an energy

reserve of 20 percent, or approximately 5 minutes, remaining power in the battery.

14 C.F.R. § 91.405, 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;

14 C.F.R. § 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No per son may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

14 C.F .R. § 91.409, 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

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to serv ice by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

14 C.F.R. § 91.417, Maintenance records. (a) Except for work performed in accordance wit h §§91.411 and 91.413, each registered8 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 accepta ble 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 informa tion: (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 insta lled 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 applian ces 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 recurrin g 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. (b) The owner or op erator 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 unt il the defects are repaired and the aircraft is approved for

return to service.

The requirements outlined in 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) relate to the maintenance, inspection, and operational sustainment

of an aircraft with an airworthiness certificate. The petitioner does not have an

airworthi ness certificate for the UAS it intends to operate; h owever, i n c onsideration of the size, weight, speed, and limited operating area associa ted with the aircraft and its operation, the FAA has in similar exemption requests found relief from 14 C

. F

. R

. part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. The petitioner requests similar relief.

To this extent, a n equivalent level of safety will be achieved by the implementation of

pre

- flight and post

- flight inspections and maintenance in accordance to the

manufacturer ’ s user manual. If discrepancies are found, flights will not be conducted9 until the ap propriate maintenance actions have been accomplished

, and an operational flights will only occur after a functional check flight by the PIC is performed to determine the UAS is in a condition for safe flight. Maintenance actions will be logged

in accordan ce with 14 C.F.R. § 91.417.

An equ ivalent level of safety will further be achieved for the maintenance, inspection, and operational sustainment of the petitioner’s UAS, p articular ly due to the small size, construction, and simplicity of the platfor m, by the PIC, VO, or adequately trained personnel who are proficient in these areas

.

Conclusion

The commercial use of UAS in the NAS enables a growth market for aerial data

collection as a cost

- effec tive solution do doing business

, but also presents a t echnology

that act s to mitigate risk in the low

- level environment through a tactical capabi lity of

maneuver ing and loiter ing while also reducing its impact on the environment

. As such,

t he petitioner intends to operate the Phantom 2 Vision+ in accordance to all rules, regulations, conditions, and limitation s associated with safe and efficient UAS operations

in the NAS , and do so with an equivalent or greater level of safety compared to manned aviation assets performing similar functions.

Mr. Mark Bradfor d Foley

Unlimited Aerial Videos LLC

Owner10 Summary for publication in the Federal Register

Petitioner: Unlimited Aerial Videos LLC

Petition of Exemption:

Relief from 14 C

. F

. R

. §§ 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) so as to operate an unmanned aerial system (UAS) to conduct aerial video and photography pursuant to Section 333 of Public Law 112

- 95.

Descript ion:

Unlimited Aerial Videos LLC seeks an exemption to operate a small unmanned aerial system (UAS) for a business that provides aerial photography and videography to support construction, real estate, marketing, architecture, and s earch and rescue servic es . The UAS platform is a DJI Pha ntom 2 Vision+ with a three

- axis gimbal camera that is capable of capturing high quality and high resolution images and HD video for compensation or hire. The petitioner will operate the UAS in accordance to all rules,

re gulations, conditions, and limitation s associated with safe and efficient UAS operations in the National Airspace System (NAS), and do so with an equivalent or greater level of safety compared to manned aviation assets performing similar functions.