# Delphia Entertainment LLC.

Jason Sherman 4316 Sheffield Ave., Philadelphia, PA. 19136

215

- 396

- 8577
mailt o:Jason@DelphiaFilms.com www.DelphiaFilms.com

June 22 , 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations fro m 14 CFR 91.7(a);91.119(c); 91.407(a)(1);91.409(a)(1) and (2); 91.417(a)&(b); C.F.R. 61.113(a(&(b); C.F.R. 61.133 (a); C.F.R. 91.405 (a).

To whom it may concern,

Enclosed please find an exemption application filed on behalf of Delphia Entertainment LLC. under Section
333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R Part 11 to allow commercial operations of unmanned aircraft for aerial photography and videography for the real estate, construction,
and utilities industries for commerc ial use, so long as such operations are conducted within and under the conditions outlined herein or as established by the FAA in an exemption granted under either Section 333

or Section

It is the request of the petitioner for exemptions listed above in order to legally and safely operate the DJI
Phantom 3 Professional UAS, and a DJI Inspire 1 UAS in the National Airspace System

.

Delphia Entertainment LLC. is a leading production company in Philadelphia, Pennsylvania with an extensive background in television production and vid eography. Delphia Entertainm ent LLC. proposes to use small, lightweight, UAVs and cloud

- based software.

As discussed below, Delphia Entertainment LLC. ’s operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level o f safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

It is the petitioners position that the operations for which exemption is requested are safer and more cost
ef fective than using manned aircraft, and for those reasons are in the Public Interest; and would be of benefit in identifying areas of operation that may need additional oversight as well as raising public awareness and interest in this rapidly growing face t of aviation.

Because these small UASs will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary manned aircraft, Delphia Entertainment LLC. respectfully submits that the FAA can have confidence that the operations will achieve at lea st an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

## Se ction 333’s Legal Standard

Grant of this exemption application for use of the above named UAV’s for purposes of obtaining and recording video will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the
introduction of UASs in to the national airspace system (“NAS”) if such integration can be accomplished safely. The statutory provision directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking requi red under Sections the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In doing so, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following;

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to air ports and populated areas; and

 Operation of the UAS within visual line of sight of the operator

If the Secretary determines that such vehicles “may operate safely in the national airspace system, the

Secre tary shall establish requirements for the safe operation of such aircraft in the national airspace system. (333 emphasis added)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory, by its terms, includes e xempting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulation requiring commercial pilots to operate aircraft in commercial service.

Reform Act 333(a)(1)

Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the UASs. Delphia Entertainment LLC. requests to consult with the FAA staff to address any issues or concerns that they believe may require such modification.

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

- 44716 of this title if the Administrator finds the exemption is in the public interest.

49 U.S.C 440701(f) See also 49 U.S.C 44711(a); 49 U.S.C 4 4704; 14 C.F.R 91.203(a)(1).

The grant of the requested exemption is in the public interest given the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit arising from the use of new technology to provide services that are not practical or safe to provide using traditional aircraft. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.



## Aircraft and Equivalent of Level of SafetyThe applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations and co nditions listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to operations that would be
cond ucted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, 11150 and 11153.



## Additional Issues

Privacy

- All flights will occur over private or controlled access property with the pr operty owner’s prior consent and knowledge. Operations will be where the owners have agreed to all Delphia Entertainment

LLC. ’s activities to take place. In addition, members of the general public will be alerted to the operation of
UASs at these locations.

In filing this appli cation, Delphia Entertainment LLC. also requests that the FAA combine the grant of the Section 333 exemption with a stand

- alone Certificate of Operation (“COA”) that will allow commercial operations of DJI Phantom 3 Professional UAS, and DJI Inspire 1 UAS without fil ing for a COA for each flight. Compliance with the conditions agreed herein and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from other aircraft. Notice to airmen and notice to air traffic

cont rol can be provided by the filing of a NOTAM as set forth within the proposed conditions.



## N ational Security

Grant of this exemption will not raise any national security concerns. Given the size, load carrying capacity, speed at which they operate an d the fact that it carries no explosives or any other dangerous materials,
the DJI Phantom 3 Professional UAS, and DJI Inspire 1 UAS pose no threat to national security.



## Conclusion

Satisfaction 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 justification for the grant of the requested exemptions

a llowing commercia l operation of applicants UAVs for the purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 through 11112, 11114, 11136, 11138, 11150 and 11153.

Given that Delphia Entertainment LLC. is willing to abide by conditions the FAA has required in issuing recent Section 333 exemptions, the FAA has a strong basis for prompt consideration and grant of this
request.

Please contact Delphia Entertainment LLC. if there are any other questions or concerns.

Best regar ds,

Jason Sherman

Owner Delphia Entertainment LLC.

## Exemption Request and Equivalent Level of Safety Showings under Applicable Rules Subject to Exemption

Delphia Entertainment LLC. request an exemption from the following regulations as well as any additional regulations that may apply to the operations of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1

UAS

.


### 14 C.F.R. 61.113(a)(b); 61.133(a): Private Pilot Privi leges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a)(b) limit private pilots to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers and cargo, the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS are remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be the pilot in command of any aircraft for hire and/or

c ompensation. Delphia Entertainment LLC. proposes that operator requirements should take into account the characteristics of these particular UAS’s.

DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS have navigation and control systems capable of conducting pre

- programmed missions. Flights are pre

- programmed with precision GPS guidance and, although monitored by the PIC and Observer, do not require human intervention. The aircrafts also can operate in guided mode, where the aircraft will fly to a location design ated by the operators. In the case of an unplanned event, operators can manually intervene and take one of the following actions:

 C ommand the aircraft to return and land at the recovery location

 Command the aircraft to conduct a return to the recove ry area where the pilot will assume control
and land the aircraft

 Manually assume control of the aircraft via the hand controller and return the craft to the recovery area in which the operator land its manuallyA dditionally, the automated safety func tions and safety enhancing features include the following:

 Auto

- pilot detection of lost GPS initiates GPS failsafe mode, in which the aircraft switches to
manual control in an altitude hold mode.

 Low battery power on the aircraft triggers the landing sequence and then the craft will land at the
current location

 If the aircraft detects a lost

- link to the ground control station, it will return to the launch site and
land.

 If the aircraft exceeds an altitude of 400ft AGL or goes more than 2 km from its launch point (except if it is in GPS failsafe mode), it will return to the launch point, automatically.

Given these safety features, Delphia Entert ainment LLC. purposes that operators of the UAS’ s should not be required to hold a commercial pilot certification. Instead, operators should be required to hold only a private pilot certification.

The risks associated with the operation of DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft that allowing operations of the UAS’s as set forth above meets and/or exceeds the present level of safety provided under 14 C.F.R. 61.113(a)(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided allowing operation of
the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS with a private pilot’s certificate, under the conditions set forth in the exemption re, quest. The FAA has, granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11136 and 11138.



### 14 C.F.R 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. As set forth herein, Delphia

Entertainment LLC. will never operate at higher than 400 feet AGL. It will, however, be operated to a void congested or populated areas that are depicted in yellow on VFR sectional charts. No flight will be taken without the permission of the landowner, all affected individuals will be aware of and will have signed waives consenting to the flights. Delphia Entertainment LLC. wil l ensure that the aircraft will remain at least 500 feet away from non

- participants unless they are protected from potential hazards by barriers or

structures.



### 14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibit s an individual from beginning “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 landing and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The batteries powering DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS provide approximately 15 minutes of powered flight. Without an exemption from 14 C.F.R. 91.151, the UAS’s flights would not be permitted. Because, of the limitations of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS , a longer time frame for flight in daylight VFR conditions is reasonable. Delphia Entertainment LLC. w ould not initiate flight unless (considering wind and forecast weather conditions) there is enough power to fly atnormal cruising speed to the intended landing point and land the UAS’s with 25% battery power

remaining.

Delphia Entertainment LLC. believes that an exemption f rom 14 C.F.R. 91.151(a) is safe and within the scope of prior exemptions. See exemption 10673. Operating the UAS without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed

at which the UAS’s operate. In the unlikely event that the UAS’s achieve a low battery s tatus it would simply land. Given the UAS’s weight and construction materials, the risks are less than contemplated by the current regulation.

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10808, 10673 and Exemptions 11062 through 11067, 11080, 1110, 11112, 11109, 11138, 11136 and 11150.



### 14 C.F.R. 91.405(a); 407(a)(1); 409(a)(2); 417(a)&(b): Maintenan ce Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this and shall between required inspections, expect as provided in paragraph (c) of this section, have discrepan cies repaired as prescribed in part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been acc omplished by certified mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.
Maintenance of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS will be accomplished by the owner/op erator pursuant to the manuals attached as confidential exhibits. An equivalent level of safety will be achieved because UAS’s are small and light, will carry a small payload, will operate in restricted predetermined areas and is not a complex mechanical d evice. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed; moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11112, 11136 and 11138.



## Limitations a nd Conditions

The limitations and conditions for which Delphia Entertainment LLC. agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. Operations of the UA is limited to the aircraft described in the attached manuals which are mini ature rotor aircraft.

2. The UA may not be flown at an indicated airspeed exceeding 50 knots.

3. The may be operated an altitude of no more than 400 feet above the ground level. All altitudes reported to Air Traffic Control (ATC) must be in feel AGl.

4. The UA must operate within visual line of sight (VLOS) of the pilot

- in

- command (PIC) at all times.

5. All operations must utilize a visual observer. The visual observer (VO) may be used to satisfy the VLOS requirements as long as the PIC always maintain s VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight, The PIC must ensure that the VO can perform the fun ctions prescribed in the operator’s manuals.6. The manuals must be amended to include all conditions and limitations required by the FAA. The

manuals must be maintained and made available to the administrator upon request.

7. The PIC must inspect the U A to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UA is found to be in a condition for safe flight. All maintenance and alterations will be properly documented in the aircrafts records.

8. The PIC who conducts the functional test flight after the UAS has undergone maintenance or alterations that affect the UAS’s operation, mus t make an entry in the UAS aircraft record.

9. The preflight inspection must account for all discrepancies not covered in the relevant preflight inspection sections of the operator’s manuals.

10. The operator must follow the manufacturer’s UA aircraft /component, maintenance, overhaul, replacement, inspection and life limit requirements, with particular attention to flight critical components that may not be addressed in the manufacturer’s manuals.

11. The operator must carry out its maintenance, insp ections, and record keeping requirements in accordance with the manuals. Maintenance, inspection and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized
tech nician returning the UAS to service.

12. The authorized technicians must receive and document training referenced in the manuals.

13. Each UAS operated under the exemption must comply with all manufacturer system and safety
bulletins.

14. Operator’s ma intenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections.

15. The PIC must possess at least a private pilot certificate and a third

- class air man medical certificate. The PIC must also meet the flight review requirements specified in 14C.F.R. 61.56 as to the UAS.

16. The operator may not permit and PIC to operate unless that PIC has demonstrated through Delphia

Entertainment LLC. ’s training and currency requirements that the PIC is able to safely operate the UA in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

17. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined
location within or controlled

- access property and land or be recovered in accordance with the manuals.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with
the manuals.

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather condition) there is enough power to at n ormal cruising speed to the intended landing point and land the UA with 25% batter power remaining. 20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to operation.

21. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47 and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart c. Markings must be as la rge as practicable.22. Before conducting operations, the radio frequency spectrum used for operation and control of the UA

must comply with the Federal Communications Commission (“FCC”) or other appropriate government oversight agency requirements.

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground control station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official up on request.

24. The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.All operations must be conducted under visual meteorological conditions (“VMC”). The UA may not be ope rated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles
from the PIC.

27. During operations in Class G airspace, the UA may not operate within 5 nautical miles of geographic

center o f an airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agr eement with the airport management must be made available to the Administrator upon request.

28. The UA may not be operated over congested or densely populated areas unless the conditions set forth in #31 are satisfied. These populated areas include, but are not limited to, the yellow areas depicted on World Aeronautical Charts (“WAC”, Sectional Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However, it is the PIC’s responsibility to maintain safe altitudes required by 91.119.

29. Op erations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC or VO), vessels, vehicles and structures unless:

Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately; and/or

The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those object; and

Operations near the PIC or VO do not present an undo hazard to the PIC or VO, per 91.119(a).

30. All operations shall be conducted over private or controlled access property with permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

31. In the event COA’s are required, any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (“AFS

- 80” ) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB”) per instructions contained on the NTSB website : www.ntsb.gov.