4/28/2015

David S. White

Owner: Evil Penguin Films

PO Box 791263

New Orleans, LA 70179

Cell: 504-610-3000

Email: david@evilpenguinfilms.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments: 1) PHANTOM2_User_Manual_v1.4_en.pdf

2) PHANTOM2_Quick_Start_Guide_en.pdf

References: 1) FAA Exemption No. 11138, Regulatory Docket No. 

FAA-2014-0481 in the matter of the petition of DOUGLAS 

TRUDEAU 

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–

0508 in the matter of the petition of ADVANCED AVIATION 

SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. 

FAA-2014-0355 in the matter of the petition of FLYING CAM INC 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I, Evil 

Penguin Films, referred to hereafter as the petitioner, request exemption from 

the following sections of Title 14, Code of Federal Regulations §§ 

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409 (a)(1); 91.409(a)(2); 91.417(a) & (b); 

In order to operate small unmanned aircraft systems (UAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) for the purposes 

of aerial photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations that could be performed safely and more 

cost effectively with the use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations will be performed 

only at the request of and with the authorization and permission of clients or their 
authorized agents in order to facilitate commerce and raise awareness of the 

beneficial uses of small unmanned air systems. 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. The conditions identified and 

proposed by the petitioner are drawn from references 1-3. 

The FARs 

The petitioner seeks exemption from the above mentioned FARs for the following 

reasons; 

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization 

of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating 

under this exemption would be required to comply with any conditions as set 

forth and in a similar fashion to the previously granted exemptions. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations 

conducted closer than 500 feet to the ground may require that the UA be 

operated closer than 500 feet to essential persons, or objects that would not be 

possible without additional relief. The petitioner requests modification, waiver or 

exemption and clarification concerning the terms “congested areas” and “densely 

populated”. The petitioner requests waiver for this condition to allow reasonable 

and responsible operations in areas of subdivisions and neighborhoods if 

required. 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS 

with a barometric sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS-specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of powered flight. Information provided in the operating 

documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 

a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in 

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect 

and ensure that the UAS is in a condition for safe flight in accordance with the 
operating documents. The FAA found that adherence to the petitioner’s operating 

documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to 

ensure that safety would not be adversely affected. 

The UAS 

The DJI Phantom 2 is a highly successful consumer grade small rotorcraft in the 

quadcopter configuration with an advertised weight of less than 44 Ounces 

(1242g) designed primarily to carry aloft a high definition camera. It has an 

advertised maximum speed of less than 30 knots (15m/s) and a maximum climb 

rate of less than 1200 feet per minute (6 m/s). It is powered by four electric 

motors with a distance between motors of less than 14 inches (350mm) It utilizes 

an internal inertial measuring unit (IMU) with integrated barometric sensor 

augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio 

control (RC) unit. Real time video and telemetry information is transmitted back 

to a ground control station allowing the operator and/or PIC to monitor battery 

level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, 

and control camera angle. It has failsafe modes of operation for either loss of RC 

or GPS signal. Altitude can be limited by the onboard flight controller and 

maximum altitude can be preprogrammed by the PIC. Battery life limits flight 

times to approximately 25 minutes. The onboard flight controller will warn the 

pilot via telemetry and external lighting cues before reaching a low battery state. 

An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state. It is anticipated that flights will usually last 

less than 10 minutes. More information is available in attachment 1 or 

http://www.dji.com/product/phantom-2

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and 

Limitations section and believes that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. A preflight checklist will be developed and employed to ensure that 

the UA airworthiness will be verified before launch. Airworthiness will be 

maintained by performance of routine inspections before each flight, maintaining 

flight and maintenance logs to record time on failure-prone components. 

The petitioner request that in a manner similar to reference 3, he be allowed to 

operate within 5 miles of an airport provided that; 

“The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic 

center of a nontowered 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 agreement with the airport 

management must be made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but the 

petitioner is requesting a mechanism to facilitate such activities without 

requesting a new and separate exemption(s) should the need arise. Operations 

within class B airspace are not requested due to the lack of mode C transponder. 

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned 

aircraft of greater proportions, carrying a crew and flammable fuel. Additionally, 

use of the UAS in order to facilitate commerce could lead to economic growth. 

Operations for this petition will enable service for property owners or their 

designees seeking an enhanced perspective for characteristics, amenities, and 

benefits of their desired photographic subjects that cannot be displayed through 

ground level videography/photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance personal 

photography. Crop surveying applications could lead to decreased use of 

pesticides and fertilizer and conservation of water as well as increased crop 

yields and decreased costs. Aerial surveying and inspections can increase work 

site efficiency, improve volumetric estimations and reduce risks. The petitioner 

will provide clients with photographic data for these purposes on a ‘for hire’ basis 

acting as an independent contractor. A visual observer will be utilized. Liability 

insurance will be maintained commensurate with the granting of this request for 

exemption. Flight data including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations from normal operations 

will be available to FAA for use in collecting data regarding the use of UAS as 

part of this application. This data may be submitted to FAA via traditional means, 

e.g. COA Monthly Reports, or other means as required. 

Conclusion 

The petitioner is requesting this exemption for the purposes of “aerial 

photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations”. The reason for such a general and broad 

based request is that the petitioner wishes to utilize a business strategy of 

horizontal integration and maximize economies of scope in order to capitalize on 

opportunities as they may arise in the future without the long turnaround time 

associated with additional exemptions. The petitioner's business model is based 

on the idea of offering ad hoc small UAS services to individuals or companies 

who wish to employ these services as a safe, effective, and legal option to 

enhance their business or hobby. The petitioner’s own market research shows 
pent up demand for these services currently exists in the real estate market and 

other markets are just beginning to emerge. Although videography and 

photography are included in the request, the primary objective will be aerial 

survey of farm crops for precision agriculture. The petitioner has identified 

universities and other agencies that could benefit from the operation requested in 

this application. 

A quick internet search will show that many are currently operating similar UAS in 

exactly this fashion without, it is assumed, FAA authorization. The petitioner has 

refrained from engaging in commercial use of the UAS. The primary purpose of 

seeking this exemption is to obtain the capability to offer those services while 

remaining in compliance. The petitioner has 28 years of experience in the radio 

control model aircraft hobby, 24 years experience in general, military, and 

commercial aviation and holds an airman certificate, AIRLINE TRANSPORT 

PILOT, as well as a current second class medical certificate. . 

Respectfully submitted, 

David S. White

Owner, Evil Penguin Films