Brilligan Ltd. d/b/a/ Best L ight Video

51 N

. Pearl St, Columbus, OH 43215

December 31 , 2015 US Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR § 61.315 (c) (2); 61.315 (c) (3); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 407 (a) (1); 91.409(a) (2); 91.417 (a) & (b); 91.7 (a); 91.9 (b) (2) Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Brilligan Ltd. d/b/a/ Best L ight Video , a video p roduction company , hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of their UASs (Multi

- Rotor) by certain qualified employ ees, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA. As described more full y below, the requested exemption would permit the operation of small, unmanned UASs under controlled conditions in airspace that is 1) limited 2) predetermined and 3) co ntrolled as to access. The requested exemption would provide 1) safet y enhancements to operations in the video production industry and 2) aerial video of land and buildings that clients own . These operations would provide improved safet y over the existing means of obtaining the same data with larger manned sy stems. This petition was written with regard to approved petitions numbered: 12108, 11240, 11465 and 11625. 2 The name and address of the applicant is: Brilligan Ltd. d/b/a/ Best L ight Video 51 N

. Pearl St, Columbus, OH 43215 This petition has been prepared b y the following legal counsel for the applicant:
Attn: Douglas Linn Email: Doug@LinnGrendell.com Address: 7588 Central Parke Blvd. #227 Mason, OH 45040Regulations from which the exemption is requested:

14 CFR Part 21; 14 CFR 45.23 (b); 14 CFR § 61.315 (c) (2); 14 CFR § 61.315 (c) (3); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2)
**Primary Use** The primary

use s of UASs by Brilligan Ltd. d/b/a/ Best L ight Video in and around various cities are as follo ws: 1) Videograph y of buildings and land for commercial video projects that are commissioned by clients.
It is anticipated that the process will be accomplished solely during the day. To capture the highest qualit y of resolution the majority of airborne data collections will take place during the 8:00am to 5:00pm window. Our teams will operate under the princip le s of: Safet y First, Accountability , Reporting, and Training. These lightweight aircraft will operate at slow speeds and under 200 feet. All flig hts will occur over private and controlled

- access propert y with the propert y owner’s prior consent and knowledge. Image capture of people will rarel y take place, but in the event it does, they will have consented prior to being filmed or otherwise have agr eed to be in the area where data collection will take place. All flights will be conducted according to any State local and federal laws regarding privacy.
**Statement of Public Interest** Use of this UAS and similar UASs for the reasons listed herein is far safer than larger manned vehicles (whether in the case of a crane or a manned aircraft), not only for the pilot, but for people of the public who may be involved if there was an incident. Given the clear direction in Section 333 of the Reform Act, the authorit y contained in the Federal Aviation Act, as amended , the strong equivalent level of safet y surrounding the proposed operations, and significant public benefit, including enhanced safety , reduction in environmental impacts,( including reduced emissi ons associated with allowing UASs for filming and survey operations ) , the grant of the requested exemptions is in the public interest. Accordingl y, the applicant respectfull y requests that the FAA grant the exemption without delay.
**Aircraft and Equivale nt Level of Safety**  The UAS that we propose to use is a DJ I Inspire 1. The manual can be found here. http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf It is estimated that the use of UAS aircraft will reduce risks of injuries to human beings. Aside from reducing the number of ph ys ical climbs, the utilization of UAS will dramatically lower the use of cranes and lifts, which also pose dangerous conditions for film crews . In a number of instances, private land owners require aerial shots that may otherwise be inaccessible or difficult to access. Approval of exemptions allowing commercial operations of UASs in the video production industry

will enhance safety

by reducing risk. We would otherwise have to charter helicopters, film from higher nearb y bui ldings or employ booms and cranes to shoot video that our clients require. Brilligan Ltd. d/b/a/ Best L ight Video ’s UASs are multi

- rotorcraft, weighing 15lbs. or less, including sensor pay load. They will operate their multi

- rotorcraft, under normal cond itions at a speed of no more than 35 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously . We will manually operate onl y in VLOS and will operate only within the private areas described herein. Given the smal l size and weight of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarel y within that zone of safet y (an equivalent level of safet y) in which Congress envisioned that the FAA, b y exemption, al lows commercial operations of UASs to commence. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application present s no national securit y issue. The applicant proposes that the exemptions requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safet y to operations under the current regulatory

structure because the proposed operations represent a safet y enhancement to the similar operations conducted with conventional aircraft and represent a safety enhancement when compared to the climbs that take place without aircraft. These limitations and conditions to which Brilligan Ltd. d/b/a/ Best Light Video agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1: The UAS will weigh less than 15 lbs when carrying a load, is constructed by a high reputation compan y and u ses a Multi

- copter base application.2. Flights will be operated manually within visual line of sight (VLOS) of the Operator (PIC) and Observers 3. Maximum total flight time for each operational flight will depend on battery charge, the average flight will be 30 +/

- minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 +/

- minute limit. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. Minimum two (2) man crew for each UAS operation will consist of the Operator and Observer. 6. The UAS Operator will have a COA prior to conducting an y operations, the COA will be submitted in conjunction with this petition of exemption 333, or the ope rator will be operating under the blanket COA. 7. The UAS will only

operate within a confined and controlled privatel y owned area.
8. Brilligan Ltd. d/b/a/ Best L ight Video will develop procedures to document and maintain a record of the UAS maintenanc e, preventative maintenance, alteration records, and status of replacement/overhaul component parts. 9. A pre

- flight safet y risk assessment procedure, according to the manual, and a briefing will be conducted in regard to the planned UAS operation prior to each day ’s production activities. It will be mandatory

that all personnel who will be performing duties within the boundaries of the safet y perimeter be present for this briefing. 10. Spotter (Observer) and Operator will at all times be able to commun icate by voice, radio, and/or text. 11. Generally

applicant will be the owner of the propert y being survey ed and when it is not, written and/or oral permission from the relevant prope rt y holders will be obtained. 12. All required permissions and permit s will be obtained from state, county or city jurisdictions. 13. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 14. The UAS will have the capability to abort a flight in case of unpredicted obstacles emergencies. 15. The UAS will 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 PI C.16. The PI C will have an aviation sport license. PIC will have training on the specific manual to

the UAS and a minimum of 7 hours or ten 30

- minute practice runs with the specific UAS following our guidelines for operation pursuant to this petition.
**UAS Control**  The Inspire One Remote Controller is a wireless communication device using the 5.8GHz frequency band. Remote Controller and UAS are paired before delivery

. **UAS Payload/Camera** Our Inspire 1 UAS will be using the stock camera (with in the manual) with a total pay load of approximately 7 pounds. An y change in camera will be noted in the aircraft log and will result in no more than a 15 pound pay load. If changed, prior to resuming commercial operations , the UAS will be flight tested in accordance with our maintenance procedures outlined in our procedures summary

.

**14 CFR Part 21, Subpart H: Airworthiness Certificates** 14 CFR §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of ai rworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by

the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y 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 authorize the FAA to exempt aircraft from the requirement capability, and proximity to airports and populated areas of the particular UAS. In all cases, an anal ys is of these 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 multi

- rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is far less than 55 lbs. fully loaded, carries neither a Pilot nor Observers, carries no explosive materials n or flammab le liquid fuels, and operates exclusively

within a secured area as set out in the Manual. O perations un der this exemption will be tightl y controlled and monitored by both the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide securit y for the area of operation as is n ow d one with conventional tools . These safet y enhancements, which alread y appl y to civil aircraft operated in connection with Industrial, Videograph y and Photograph y production and Real Estate , provide a greater degree of safet y to the public and property

owne rs than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to national securit y posed b y 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 CFR § 45.23 (B): Marking of the Aircraft**

The regulation requires that the registration number is display ed 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 applicable. 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 UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equi valent level of safet y will be provided b y having the UAS marked on its fuselage as required b y §45.29 (f) where the Operator (PIC) and Observers and others working with the UAS 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 CFR § 61.315 (c) (2) & (3): Pilot in Command Privileges**  § 61.315 (c) (2) say s that one may not act as pilot in command of a light

- sport aircraft: for compen sation or hire and (3) say s that one may not act as a PIC with a sport license in furtherance of a business. Paragraph 13 under conditions included in many FAA 333 petition approval letters reads: “Under this grant of exemption a PI C must hold either an airline transport, commercial, private, recreational or sport pilot certificate.”
Our PI C will have a light

- sport pilot license.

**7 14 CFR §91.103: Preflight Action** This regulation requires each pilot in command to take certain actions before flight to insure the safety

of flight. As FAA approved multi

- rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of s afet y will be provided by the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 CFR §91.109: Flight Instruction** Se ction 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. 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 trainingwithout fully functional dual controls fo r a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safet y is accomplished because no pilots will be on the aircraft and the GCS will be a safe distance from the aircraft an d the public, causing no safet y hazard. Given the size and speed of the Inspire 1 UAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences an y difficulties during flight instruction. In addition, Brilligan Ltd. d/b/a/ Best L ight Video will conduct flight training at a remote facility away from population centers. These training flights will be conducted on the sites and will otherwise comply with the provisions in the Manuals.

**14 CFR §91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be o perated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters b y the FAA. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 200 ft. AGL. It will be operated in restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their pre

obtained consent. The equivalent level of safet y will be achieved g iven the size, weight and speed of the UAS as well as location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advance notice to the propert y owner and participants in the filmin g activity , all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or multi

- rotorcraft weighing far more than the maximum 55 pounds, the UAS proposed herein and the lack of flammable fuel with the UAS means that an y risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 ft. AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 CFR §91.121: Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may no t have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown o n the GPS altitude indicator before flight.

**14 CFR §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 forecast 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 fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The b attery

powering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately

10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in day light or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing L ockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightl y controlled area where onl y people and property owners or official representatives who have sign ed waivers will be allowed, with less than 30 minutes of reserved fuel, does not engender the ty pe of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting UAS flights to 10 minutes would greatl y reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from any where in its limited operating area. **14 CFR §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 appropriate and current airworthiness certificate... (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (b) of this section or a special flight authorization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 10 lbs. and is operated without an onboard Pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safet y will be achieved b y keeping these documents at the ground control point where the Pilot fl yi ng the UAS will have immediate access to them, to the extent they are applicable to the UAS. **14 CFR §91.405 (a); 407 (a) (1); 91.409(a) (2); 417 (a) & (b): Maintenance Inspections** These regulations require that an aircraft operator or owner “shall ha ve 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 o r maintain the aircraft in compliance with Part 43.Given that these sections and Part 43 appl y 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 Manufactures Manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small pay load and operate onl y in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 200 ft. AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perfor m required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safet y.

**14 CFR §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 as well as a preflight inspection, and the fact that all maintenance and alterations will be properly documented in the aircraft records prior to each flight, an equivalent level of safety

will be provided. **14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft** Section 91.9 (b) (2) provides: No person may o perate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Multi

- rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Multi

rotorcraft Flight Manual, ap proved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place 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 maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. **Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Brilligan Ltd. d/b/a/ Best L ight Video seeks an exemption from the following rules: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR § 61.315 (c) (2); 61.315 (c) (3); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 407 (a) (1); 91.409(a) (2); 91.417 (a) & (b);91.7 (a); 91.9 (b) (2) , in order to operate an Unmanned Aircraft S ys tem pursuant to Section 333

of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Brilligan Ltd. d/b/a/ Best Light Video to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting: 1.) Videograph y of bui ldings and land for commercial video projects that are commissioned by clients. 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 op eration within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the Real Estate industry

pursuant to the Manual appended here to. Brilligan Lt d. d/b/a/ Best L ight Video , stand by to support the FAA and UAS community in its mission to establish proper regulations and protocols for the safe introduction of unmanned aircraft into the national airspace. Sincerel y, Douglas Linn Le gal Counsel Brilligan, Ltd.