Menajerie Studio Attn: Nick Taylor
903 French Street Erie, Pa, 16501 (814) 392

- 8514 August 10 , 2015

U.S. Departmen t of Transportation Docket Operat ions West Building Ground Floor
Room W12

- 140 1200 New Jersey Avenue SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain part s of the FARs.

Dear Sir or Madame,

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

, LLC, professional photography and v ideography company , hereby applies for an exemption from the listed Federal Aviation Regulations ( "FARs") to allow its trained sUAS operators to operate a small Unmanned Aircraft System ("UAS") under the condition s and limitations set forth in this

p etition.

The proposed exemptions, if granted, would allow Petitioner to operate the following UAS:

 DJI Inspire 1

 DJI Phantom 3

 3DR Solo Drone

 Other commercially available, s mall, camera

- mounted unmanned aircraft system s ("UAS") weighing 55 pounds or less and meeting all of the required spe cifications set forth by the FAA

.
These UAS would be used f or the purpose of aerial filming of closed set motion pictures, music videos, web videos, corporate videos, televisio n programs and commercial s, still photography , surveying, agricultural observation, and real estate services . The requested exemption would permit the operation of small, unmanned sUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, and (3) would provide safety enhancements to the already safe photography operations presently using manned helicopters and airplanes i n Erie

. Approval of the petitioner’s exemption would thereby enhance safety and fulfill the FAA Administrator's responsibilities to " ... establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of t he Reform Act."

Regulations from which the exemption is requested:

14 CFR Part 21

The requirement to display a registration number on the aircraft in not feasible due to insufficient space on drones that fit the limitations in size and weight.14 C.F.R. § 45.23(b)

The Aircraft certification requirements and procedures were designed for manned aircraft and not practicable for the proposed UASs.

14 CFR § 61.3

The r equirement for a Pilot Certificate is more applicable for manned aircraft that carry people. Adequate training procedures for operating the drones will be required for any PIC that operates the vehicle. If an exemption is not granted, a PIC with a pilot license will be procured for oversight of the UAS ’s operation.

14 C.F.R. § 91.7 (a)

The Airworthiness requirement is applicable to manned aircraft, and not suitable to the proposed UAS.

14 CFR § 91.9 (b) (2)

The requirement for the manual to be available in th e cockpit is applicable to manned aircraft. The
manufacturer s ’ manuals for the various UAS will be available on site for the PIC on any and all flights of
the UAS.

14 C.F.R. § 91.103

The requirement for crew members to be on board is applicable to manned aircraf t. There will be a ground crew consisting of a minimum of the PIC and the VO.

14 C.F.R. § 91.109

The requirement for Dual controls is applicable to manned aircraft. The UAS will be controlled remotely from the ground.

14 C.F. R. § 91.119

The minimum altitudes for safe flight are applicable to m anned aircraft. To replicate the level of safety the UAS will be flown at a maximum altitude of 400ft, and an adequate distance from all airports, buildings, persons, and physical obstacles.

14 C.F.R. § 91.121

The Altimeter settings will be displayed on the FPV screen of the UAS controller

14 CFR § 91.203 (a) & (b )

The requirement for the registration and airworthiness certificates to be onboard are applicable to manned aircraft. Given the specifications of the aircraft, the petitioner asks for exemption from these requirments.

14 CFR § 91.205(b)

The Cockpit instruments requirement is applicable to manned aircraft. All of the controls and gaug es will
be moni tored from ground level through the FPV controller.

14 CFR § 91.215The Transponder equipment requirement is applicable to manned aircraft, and the propsed UAS will be

operated below the ATC coverage area

. 14 CFR § 91.405 (a)

The Inspection requirements are applicable to manned aircraft. The recommended maintenance will be performed as per the manuals accompanying the UAS.

14 CFR § 407 (a) (1)

The Inspe ction approval requirements are applicable to manned aircraft. The manuals provided with the UAS are designed specifically for each system.

14 CFR § 409 (a) (2)

Airworthiness Inspection is applicable to manned aircraft. The UAS will be routinely inspected for any damaged equip ment before each flight.

14 CFR § 417 (a) & (b)

The Maintenance records requirement is applicable to manned aircraft. Safety will be maintained by ensuring preflight maintenance occurs as per the manufacturer’s instructions.

The Petition is submitted to fulfill Congress' goal under Section 333(a) through (c) of the Reform Ac t, which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making t the petitioner’s determination, the Administrator must determine which types 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;

• O peration of the UAS in close proximity to airports and populated areas; and

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

Reform Act § 333 (a).

If the Administrator determines that such vehicles "may operate safely in the national a irspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." ld. § 333(c) (emphasis added).

The Secretary has delegated the petitioner’s aviation authority to the Administrator of the FAA.

The Fe deral Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of t the petitioner’s section or any sections 44702

- 44716 of the Federal Aviation Act if 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).The petitioner has years of experience as a digital photographer and video grapher , both as a profession

and hobby, and has experience operating small UAS for recreational purposes

. Menajerie Studio has always been at the leading edge of digital photography and v ideo production

. They were the area ’s first Google certified Trust Photographers, bringing revolutionary Google Streetview Technology to the interiors of local businesses through the Google Business View virtual tour program. The Petitioner currently has practiced flying vario us UAS models under 50 pounds, under 35 miles per hour, under 400 feet, for total of forty hours over remote areas of the Erie metropolitan area and over remote locations in
NW Pennsylvania

. To further expand Menajerie Studio ’s suite of services offered t o local businesses in Erie, PA, the petitioner wishes to monetize the use of its UAS for photographic and video purposes.

Many competitors of Petitioner are actively flying sUAS to conduct aer ial photography for commercial purposes, notwithstanding the FAA's stated prohibition. The petitioner also notes and has read the congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the
FAA move quickly to accommodate the economic and societal benefits t hat can result from widespread deployment of sUAS technology. Accordingly, Petitioner applies for a uthoriz ation under the Federal
Avi ation Act, and the FARs rules to undertake the following activities f or commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive dis

- a dvantage if he, as the petitioner prefers, complies with FAA policy.

Vehicle

The Petit ioner will fly various small, camera

- mounted unmanned aircra ft systems ("UAS") weighing 55 pounds or less, at a speed no greater than 50 knots. T the petitioner’s vehicle has built in capability to limit the height it flies above the ground, to limit the radius of th e distance it flies from t he operator, an d
to exclude it from class B, C, and D airspace. The vehicle also has the built

- in capabil ity to return to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any of the height, radius, or airspace li mitations programmed into it

. It has a top speed of about 30 knots, carry neither a pilot nor passenger, carr y no explosive materials or flammable liquids, and operate exclusively within a predete rmined area. All have four fixed pitch rotors, thrust from which is varied by changing
RPM . It is powered by a lithium polymer battery.

Flight Profile

The petitioner will not fly UAS above 400 feet above ground level, o r more than 1500 feet away from him

. T he petitioner will carefully preflight check the vehicle before each mission to ass ure that its navigation system are properly calibrated and that any included return

- to

- home features, al titude, and radius
limitations work .

The PIC will operate the vehicle for aerial photography missions only in the early morning hours and other times when few people are out in the public , but not at night or when visibility is reduced

. T he petitioner will operate it only over largely unp opulated areas where the potential of uncontrolled descent to cau se injury or damage is lowest. The petitioner will not operate it in controlled airspace whatsoever, without

express written consent from the FAA. In the unlikely event that a manned aircraft flies be low 400 feet
AGL where the petitioners operating the petitioner’s Phantom, Solo, or similar UAS the petitioner will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft.

More particularly, the Petitioner will fly UASs only over the following types of areas in MetropolitanErie :

• Over Lakes and various waterways of Erie and the state of Pennsylvania , outward of the shoreline

• Over open water in marinas, anchorages, and rivers amongst and surrounding the city of Erie

• Over lines of railroad and rail classif ication yards

• Over metropolitan Erie parks

• Over nonresidential and noncommercial large

- scale industrial areas

• Over private property when the petitioner has been commissioned by the per son in legal possession of
the property to do so

• Over public or pr ivate events petitioner is hired as photographer.

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act relating to size, weight, speed, operating capabilities, proximity to ai rports and populated areas and operation within visual line of sight and national security. The Petition ju stifies grant of the reque sted exemptions allow the Petitioner to obtain aerial photography with the petitioner’s UAS

. Sincerely

, Nick Taylor

Managing Partner, Menajerie Studio