February 29, 2016

U. S. Department of Transportation Federal Aviation

Administration 800 Independence Avenue, SW Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Bruce Bright , operator of an Unmanned Aircraft System (UAS), hereby apply , on behalf of Bright Side Team LLC , for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such

ope rations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91 .119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial videography and photography real estate purposes and events.

Applicant:

Bruce Bright

Owner Bright Side Team LLC d/b/a Bright Side Realty Group 1821 Spruce Street, Brownsburg, IN 46112 info@brightsideteam.com
( 317 ) 2 93

- 9177Commercial operation of an UAS, as described herein, which are equipped with

camera and sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate and other related professional acti vities.

• Aerial video and/or photography for public and/or private use including public and private events and cinematography.

As described fully below, the requested exemption would permit the operation of

a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Sec retary of Transportation responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”

As found in Exemption No. FAA

- 2015

- 5202

- 0001 ( Sean Egan ), the FAA recently approved similar use of a PHANTOM 3 UAS. We will operate a UAS,

the DJI Phantom 3 4K , which is comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a transportable ground station. The PHANTOM 3 is a quad

- copter with a gross weight of 2.8 2 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, primarily wit hin the metropolitan Indianapolis, IN area, to augment real

estate l isting videos, capture event areal video and photography, and related business operations.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a level of safety at least equal to exi sting rules:

• operate UAS below 400 feet and within a radius distance of 1000 feet from the controller to aid in direct line of sight visual observation;• obtain permission from the owner/controller of any vessels, vehicles and

structures when operations m ay be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard;

• operate the UAS for 15

- 20 minute s per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby

it hove rs and then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

• contact respective a irports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation; have procedures in place to abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power lines, elevated lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and through obtaining information regarding congested areas from the local Flight Standards District Office (FSDO);• conduct extensive preflight inspections a nd protocols, during which safety

carries primary importance (reference PHANTOM Flying Flow Chart and
User Manual). Regarding UAS operational training, we have flown numerous practice flights in remote areas as hobbyists simulating flights for future

co mmercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.

Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operat ions. In addition to the hour requirements, the PIC will accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes) prior to any flight.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area ass ociated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Furt her, the two

- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the word “Experimental” on its f uselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currently no certificate applicable to our ope ration, this regulation is inapplicable.We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and

91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety precauti on we will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 whi ch prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of 400 feet above ground level (AGL) and will also only oper ate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of safety

will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable

since the UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR

condi tions. The UAV is 100% electric and two low battery alerts are issued

- per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only 15

- 20 minutes each, and the UAS has an automated function, which

results in im mediate landing when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA w ith 20% battery power remaining.Public Interest

Aerial photography and videography for real estate and events are proven strategies to enhance marketing efforts and increase business success. The industry is not new. However, until recently it was conducted through the use of costly manned aircraft, a p rohibitive business activity for small companies. By granting this exemption I would be able to provide affordable services.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize harm to the environment. Public and private events serviced by our business enhance vibrancy and add culture to the community and its citizens.

Summary

We will comply with all of the following conditions and limitations should this exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System.

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

3) The UA will be operated at an altitude of more than 400 feet above ground level (AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.5) All operations will utilize a visual observer (VO). The UA will be operated

within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight and wi ll not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made

available t o the Administrator upon request. Any revisions to the operating documents will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in

the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or eq uipment, not already covered in the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accom plished, and the signature of the authorized person returning the UAS to service.12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action taken ag ainst discrepancies discovered between inspections.

14) Prior to operations conducted for the purpose of aerial videography/photography and for real estate listing videos and public and private events and similar operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multirotor UAS.

15) Prior to operations conducted for the purpose of aerial videography/photography and for real estate listing videos and public and private events and similar operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations. The PIC will accom plish 3 take

- offs and landings in the preceding 90 days.

16) The PIC will not operate the UAS for the purpose of aerial videography/photography and for real estate listing videos and public and private events and similar operations, unless the PIC has demon strated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC).

18) The UA will not operate within 5 nautical miles of an airport refer ence point as denoted on a current FAA

- published aeronautical chart.19) The UA 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 PIC.

20) If a UA loses co mmunications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

22) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 20 % battery power remaining. 23) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon requ est.

25) The UA will remain clear and yield the right of way to all manned aviation operations and activities at all times.

26) The UA will not be operated over congested or densely populated areas.

27) All operations will be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.If you have questions or need additional information, please contact me at

Info@BrightSideTeam.com or ( 3 17 ) 2 93

- 9177

.

Thank you,

Bruce Bright

Owner Bright Side Team LLC