### April 8

, 2015

Exemption No. 11287 Regulatory Docket No. FAA

– 20 14

– 0950

Mr. Donald G. Bintz

President Unmanned Systems, Inc. 2709 Cyrano Street
Henderson, NV 89044

Dear Mr. Bintz :

This letter is to inform you that we have granted your request for exemption. It transmits our
decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated October 7, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Unmanned Systems, Inc. ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) commercially in motion picture and television operations.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

### 2

Airworthiness Certification

The UAS proposed by the petitioner are the multirotor G4 7.8 Skycrane, modified F

– 450 quadcopter by Flame Wheel, and Tarrot 900 hexacopter

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collecti on and closed set motion picture and filming . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and

11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest.
Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, Unmanned Systems, Inc. is granted an exemption from

14 CFR §§ 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), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

### 3

and closed set motion picture and filming

. This exemption is subject to the conditions and

limitations listed below.

Conditions and Limitations

In this grant of exemption, Unmanned Systems, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the multirotor G4 7.8 Skycrane, modified F

– 450 quadcopter by Flame Wheel, and Tarrot 900 hexacopter when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are permitted

.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at

ai rspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated with in visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. T he PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are herein after referred to as the operating documents. The operating

### 4

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the p rocedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its op erating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exem ption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from ot her people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation

.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of exemp tion, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal

### 5

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit a ny PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The U A may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

published a eronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available

to the Administrator or an y law enforcement official upon request.

17. The UA may not be operated 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.

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

determined location within the private or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considerin g wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Orga nization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The

### 6

exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subp art C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 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 upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

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

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating person s under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative wi ll be obtained for each flight to be conducted.

28. 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

### 7

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day

notificatio n may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name an d phone number of the person responsible for the on

- scene operation of
the UAS;

d. Make, model, and serial or N

- Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description o f the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from part icipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all ap plicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8

This exemption terminates on April 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards ServiceOctober 7 , 2014

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Under Section 333 of t he FAA Modernization and Reform Act of
2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R. Part 11, Unmanned Systems, Inc. (“USI”) request exemptions from two provisions of the Federal Aviation Regulations (“FAR”), specifically por tions of 14 C.F.R. Part § 45 and Part § 91 to allow commercial operations of its fleet of rotary aircraft. The fleet includes

a Multirotor G4 7.8 Skycrane unmanned aerial system (“Skycrane”) , a modified F

- 450 quadcopter by Flame Wheel, and a Tarrot 900 hexacopter (all of these are referred to as “rotorcraft” from here on) The operation of these aircraft will be used in the continental United States (“CONUS”) by individuals who

, at a minimum, maintain a n FAA private pilot certification

or FAA

- recognized equivalents, and completed the manufacture ' s training plan for Skycrane and the USI training plan for the others

.

USI seeks an exemption for use of small unmanned aerial system (“sUAS”) to support film and

television production in a tightly controlled and limited airspace. USI will utilize its currently established standards for operations that have been approved by the FAA when it was issued its experimental certification for Sandstorm and apply that to all other ope rations. USI will continue with the recommended factory maintenance plan and the maintenance plan of the

authorized se rvice contractor, Robotic Sky for Skycrane

. As described in detail below, the requested exemption would permit the operation of the s UAS under controlled conditions that meet the requirements set in this document as well as Order 8900.1 CHG 0, Volume 3, Chapter

8

- Issue a Certificate of Waiver for Motion Picture and Television Filming (referred to as “the Manual” from here on)

.

Granting USI 's request comports with the Secretary of Transportation's ( “ FAA Administrator's ” ) responsibilities to not only integrate UASs into the national airspace system, but to " ... establish requirements for the safe operation of such unmanned aircraft systems [UASs] in the national airspace system" under Section 333(c) of the Reform Act. Further, USI will conduct its operations in compliance with the protocols described herein or as otherwise established by the

FAA. USI respectfully requests the grant of an exemption allowing it to operate the fleet of

s UAS.

The Skycrane is a rotary wing s UAS weighing 15lbs and is 1’8” tall with a 3'7" diameter

. It can fly up to 31 miles per hour and has a range of 0 .6 miles with a maximum altitude of 1000 f eet.
The f light time of the system is up to 15 minutes with a maximum payload of 8.27lbs. The Skycrane has a GPS system that enables it to return to its launch position even when it has lost

link with the controller. The Skycrane also has the ability to station

- keep and conduct a landing

at its current location if there are no control inputs and a loss of GPS.

The F

- 450 is a quadcopter sUAS that weighs under 10lbs and has been modified with longer arms and retractable landing gear. The F

- 450 is equippe d with a GPS system to allow forU.S. Department of Transportation
October 7 th , 2014 Page 2 of 9

position holding and a return to home feature if signal is loss. The total flight time when equipped is 18 minutes and maximum 25 minutes.

The Tarrot 900 hexacopter is that has a fully integrated autopilot that is capable of waypoint navigation, auto takoff, land, hover, and pictures at waypoints. The maximum flight time is 25 minutes and is capable of a maximum payload of 4 lbs.

These aircraft capabilities, along with USI’s experience, make it ideally suited to conduct commercial operations within Visual Line of Sight (“VLOS”). Use of the sUAS reduces the need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground as

the rotorcraft is carried to the site and not flown there with a load of flammable fuel.

As a result of the rotorcraft size, weight, maximum speed, operational capability, and safety record; the distance at which it will operate from airports a nd populated areas; and its operation using visual observers to provide deconfliction from other air traffic, the rotorcraft does not create a hazard to users of the NAS or the public. Neither does it pose a threat to national security. Therefore, the FA A should grant USI the requested exemptions. Alternatively, if the
FAA finds that modification of USI 's application is required for safe operation of the rotorcraft in the NAS, USI requests that the FAA delineate the required modifications and either proc ess USI 's application as if the modifications were already made or allow USI to amend its application to incorporate the FAA’s findings.

The name and address of the applicant are:

Unmanned Systems, Inc. Address: 2709 Cyrano St, Henderson, NV 89044

Attn: Don Bintz Attn: Bill Reynolds Ph: (702) 324

- 9966 Ph: (702) 606

- 7539 Fax: (702) 656

- 8782 Email: bill.reynolds@unmannedsystemsinc.com

Email: don.bintz@unmannedsystemsinc.com

USI’s exemption request encompasses the following regulations:

14 C.F.R. § 21 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113 (a) and (b) 14 C.F.R. § 91.7(a) and (b) 14 C.F.R. § 91.109(a) 14 C.F.R. § 91.119 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a )

Section 333’s Mandate and the Federal Aviation Act

Grant of this exemption application for use of the rotorcraft for film and television production, pursuant to the exemption requested herein will advance the Congressional mandate in Section
333 of the FAA Reform Act to accelerate the introduction of UASs into the NAS. Section 333U.S. Department of Transportation
October 7 th , 2014 Page 3 of 9

directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before comp letion of the rulemaking required under Section 332 of the FAA Reform Act. To make that determination, the Secretary must evaluate 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 o f

several criteria:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

FAA Reform Act § 333(b )(1). Once the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C. § 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirements th at all civil aircraft must have a current airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be piloted by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exempt ion is in the public interest based on (i) the clear direction in Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as amended; (iii) the strong equivalent level of safety surrounding the proposed operations; and (iv ) the significant public benefit, including enhanced safety and cost savings associated with utilizing UASs for agriculture, aerial survey photography, and patrolling. Accordingly, USI respectfully requests that the FAA grant the requested exemption withou t delay.

Airworthiness and Operations

USI proposes that the grant of the exemption be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of UAS by public entities pursuant to Certificates of W aiver or Authorization, with additional restrictions:

1. The Small UAS (sUAS) will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 45 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 45 minute

limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planne d.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and

second class medical. The observer will hold at lea st a third class medical.

7. sUAS Pilot will be Pilot in Command (PIC).

8. The UAS will only operate within a confined “Sterile Area” as defined in the Manual. Section H, I and J of the Manual requires the establishment of a “Security Perimeter” for the flight operations area.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel who will beU.S. Department of Transportation
October 7 th , 2014 Page 4 of 9

performing duties within the boundaries of the safety perimeter be present for this briefing.

10. The operator will file a n FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Off ice.

11. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of s afety determination, as required by Section K of the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed sh oot as required in Section K of the Manual.

13. Pilot and observer will have been trained in operation of UAS generally and received

up

- to

- date information on the particular UAS to be operated as required Sections M

and N of the Manual.

14. Observer and pilot wi ll at all times be able to communicate by voice and/or text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications it will have the capability to return to a pre

determined location within the Security Perimeter and land. If the sUAS loses signal

from th e GPS and from the pilot it w ill land at its current location once 25% battery

life is reached

. 18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies

.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utiliz ed by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act both authoriz e the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of

the se criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and opera tes exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and in compliance with local public safety requirements to provide security for the area of operation. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television product ion, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14U.S. Department of Transportation
October 7 th , 2014 Page 5 of 9

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there i s no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 C.F.R. § 45.23 (b). Marki ng of the Aircraft

The regulation requires: 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 a pplicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit

, or pilot station on which the word “Experimental” can be placed. Given the size of the sUA S , two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUA S marked on its fuselage as required by §45.29 (f) where the pilot, observer

, and others working with the sUA S will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges an d Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

. Because the UAS will not carry a pilot or passengers, the prop osed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional

aircraf t that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and

coordinated in adv ance as set forth in the Manual

. To provide for t he differences in knowledge level the chief pilot for USI is a commercially rated pilot that will oversee all planned flight operations and will approve all operating areas and operating plans. The risks associated with the operation of the sUAS are so di minished from the level of risk associated with commercial operations contemplated by Part 61 when drafted , that with the above oversight and plans will achieve a level of safety commiserate with the current rules set forth by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.U.S. Department of Transportation
October 7 th , 2014 Page 6 of 9

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof. The sUAS, given its si ze and configuration has no ability to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintai ned by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

.

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in Sections J and K of the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distanc es

, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction

.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless tha t aircraft has fully functioning dual

controls.

s UASs and remotely piloted aircraft, by their design

, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual con trols for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of

the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119(c) limits aircraft flying over areas other than congested areas to 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.U.S. Department of Transportation
October 7 th , 2014 Page 7 of 9

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because film and television applications must be accomplished at relatively low altitudes, i.e. , less than 500
feet AGL

, an exemption from Section 91.119(c) is required

.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the rotorcraft is built. Additionally , no flight will commence without the permission of the

land owner o r the party controlling the operating area . With advance notice to the landowner, all

affected individ uals will be aware of film or television production flights . Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be sign ificantly reduced

from those currently allowed for conventional aircraft operating at or below 500 feet AGL. Waivers have been granted to o ther UAS operators for such operations in Alaska. USI believes such operations can be conducted within the CONUS airs pace for the same reasons justifying operations under the existing waiver in Alaska.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may n ot have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the

altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and foreca st 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; or (2) At night, to fly after that for at least 45 minutes.” 14
C .F.R. § 91.151(a).

The rotorcraft batteries provide between 10 and 4 5 minutes of powered flight. Without an exemption from 14 C.F.R. § 91.151, the rotorcraft flights would not be possible . Given the limitations on its proposed operations and the location of those proposed operations, a longer duration for flight in daylight VFR conditions is reasonable.

USI believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the rotorcraft , a small UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to
prevent. The fact that the rotorcraft car ries neither a pilot, passenger, nor cargo enhances the

reduced risk to overall safety . In the unlikely event that the rotorcraft should run out of battery , it

would land per its autopilot instructions before the batteries are completely depleted . Given its weight and construction material, the risks are significantly less than contemplated by the current regulation.

USI believes that an equivalent level of safety can be achieved by maintaining 25% battery life as being th e equivalent of minimum fuel

, this would be more than adequate to return the UAS to its planned landing zone from anywhere in its planned operating area.U.S. Department of Transportation
October 7 th , 2014 Page 8 of 9

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673,

and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An a ppropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the ca bin or cockpit entrance so that it is legible to

passengers or crew.

The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability to carry certification and registration documents or to display the m on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued num erous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

Thes e regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section s and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual (See
Se ctions L and Q)

. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land i mmediately as it will be operating from no higher than 400 feet AGL. As provided in the Manual, 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 performed.

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed:

Docket No : FAA

- 2014

-

____ Petitioner: Unmanned Systems Inc.U.S. Department of Transportation
October 7 th , 2014 Page 9 of 9

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. § 61.113 (a) and (b) ; 91.7 (a); 91.9 (b)
(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a)
(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate comm ercially a small unmanned vehicle (55lbs or less)
in motion picture and television operations.

Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes in close proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large

amou nts of jet A or other fuel (140 gallons for jet helicopter ) Such aircraft must fly to and from the film location. In contrast, a battery powered sUAS weighing fewer than 55 lbs. eliminates virtually all of that risk given the reduced mass and lack of combu stible fuel carried on board. The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of s UASs, weighting less t han 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial o perations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and p eople.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where fi lming will take pl ace.

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 with is VLOS and national security. Provided in t he above documentation is adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the motion picture and television industry pursuant to the manual appended hereto.

Sincerely,

Donald G. Bintz

President Unmanned Systems Inc.