May 18th, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) &'(b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 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 91.215 (a) &(b); 14 CFR 91.131 (d); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b)

Dear Sir or Madam:

Pursuant tQ Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Flight AV, Inc. an operator of Small Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial videography and photography services hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS in the NAS that is both limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (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 the Reform Act.

The name and address of the applicant is: Flight AV, Inc. Paul C. Greene Phone: (773) 669-4499 Email: pcg@flightav.com Address: 1419 W Winona St

Chicago, IL 60640Regulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 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 91.215 (a) & (b) 14 CFR 91.131 (d) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law 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 this determination, the Secretary is required to determine which types of sUASs 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 sUAS's size, weight, speed, and operational capability; • Operation of the sUAS in close proximity to airports and populated areas; • Operation of the sUAS within visual line of sight of the Pilot/"Operator".

Reform Act § 333 (a). Lastly, if 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).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See a/so 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Flight AV, Inc.'s sUASs are rotorcraft, weighting 55 or fewer Ibs. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only ir,r' line of sight of the Pilot/"Operator" and will operate with the permission of the property own

~ or a representative. Such operations will insure that the sUAS will "not create a hazard_ _to-ui

~ ers of the national airspace system or the public" as per the Reform Act Section 333 (b).Applicant submits the attached iFly Safety Policy and iFly Operations Checklist as confidential

documents under 14 CFR 11.35 (b) as these documents contain proprietary information that the applicant has not and will not share with others. The safety policy contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Given the small size of the sUASs involved and the limited environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the size of the sUASs and the limited areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety with allowing sUASs for commercial aerial videography and photography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety of operations under the current regulatory structure because the proposed operations are conducted on closed off property under the permission of the property owner or property representative.

These limitations and conditions to which Flight AV, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 Ibs. 2. Flights will be operated within line of sight of a Pilot/"Operator" and/or observer. 3. Maximum t4tal flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a structure taller than 500 feet, the sUAS will not be operated more than 100' above the highest point on the structure. 5. Minimum crew for each operetion will consist of the sUAS Pilot/"Operator", and the Visual Observer. 6. sUAS Pilot/"Operator" will be Pilot in Command (PIC). If the "Pilot/"Operator" " deems another "Pilot/"Operator" " to be qualified with the necessary skills to be the "Pilot/"Operator" ", that person can also be designated as "PilotP'Operator" " provided they have a minimum of 40 hours of flight time with the sUAS. 7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. It will be mandatory that all personnel involved with the operational duties of the - flight be present for this briefing. 9. Pilot/"Operator" and observer will have been trained in operation of sUAS generally and received up-to-date information on the particular sUAS to be operated. 10. The "Pilot/"Operator" " will have at least a class 2 medical certificate.

311. Observer and Pilot/"Operator" will at all times be able to communicate by voice, radio,

and/or text. 12. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location and land autonomously. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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 utilized 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 authorize 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 sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the limited 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 Ibs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates within a relatively small area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Pilot/"Operator" and the visual observer. These safety enhancements, which already apply to civil aircraft operated to conduct aerial videography and photography services, provide a greater degree of safety to the public and property owners 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 threat to national security posed by the sUAS, due to its size, speed of operation, limited operational area, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. i

14 CFR §45.23 (b). Marking 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 applicable.

Even though the sUAS will have no airworthiness certificate, an exemption is requested because the sUAS will have no entrance to the cabin, cockpit. or pilot station on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch lettering will be impossible.

4The wo'rd "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The

equivalent level of safety will be provided by having the sUAS marked on its airframe as required by §45.29 (f) where the Pilot/"Operator", observer and others working with the sUAS will see the identification of the sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR §61.113 (a) &(b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) &(b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is limited and all flights are planned and coordinated in advance.

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 for maintenance and use of safety check lists 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 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 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 th6 aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the "Pilot/"Operator" " 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 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 rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. The "Pilot/"Operator" " will take all actions including reviewing

5weather, flight baftery requirements, landing and takeoff areas and other checklist items before

initiation of flight.

14 CFR §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 that aircraft has fully functioning dual controls.

sUASs 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 communication. The FAA has approved exemptions for flight training without fully functional dual controls 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 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 operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 500 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 500 feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice to the property owner and other participants 

### in the activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fudl, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the sUAS will ensure separation between these sUAS 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 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 not have a barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be achieved by the Pilot/"Operator", pursuant to the safety checklist and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

014 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 fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the sUAS provides less than 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in daylight or twilight 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 Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAS, in a limited area where only people and property owners or representatives with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly 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 20% of battery power— whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

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 (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs less than 55 Ibs 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 sUAS.

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

714 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting

equipment and use

The pertinent section of 91.215 (a) &(b) requires for "(a) A/l airspace: U.S.-registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed... (b) A/l airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder"...
This requirement applies
(1) AII aircraft. In Class A, Class B, and Class C airspace areas;
(2) AII aircraft. In all airspace within 30 nautical miles of an airport Iisted in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;
Likewise, the pertinent section of 91.131 (d); Operating Rule in class B Airspace
(d) other equipment requirements.
"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with
(1) The applicable operating transponder and automatic altitude reporting equipment specified in § 91.215 (a)... and
(2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in § 91.225."
Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.21-5 (a) &(b) and 91.131(d).% An exemption from these requirements is requested. The equivalent level of safety can be assured using the procedures defined for each class of airspace.

Within the surface areas of Class "B", Class "C", Class "D" airspace Within the lateral boundaries of the airspace, the Pilot/"Operator" " will establish 2 way communications with the ATC facility having jurisdiction for that area. The Pilot/"Operator" will provide the location (heading and distance) relative to the center of the airspace and request clearance to "Maneuver" above that location at or below 500 feet AGL. The Pilot/"Operator" will be responsible for "see and avoid" traffic conflicts. The Pilot/"Operator" will at all times yield right of way to ANY and ALL manned flight operations. AII operations within 2 miles of the primary airport will be pre-arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned operations can be conducted without negatively impacting flight safety.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections

These 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 sections 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 Pilot/"Operator" pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small sUASs are very limited in size and will carry a small payload and operate only in limited areas for short periods of time. If inechanical issues arise the sUAS can land immediately and will be operating from no higher than 500 feet AGL. The Pilot/"Operator" will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Pilot/"Operator" is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS manufacturer's manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the PilotP'Operator" will ensure that the sUAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Views and Information

Flight AV offers operators and equipment for feature film, episodic television and commercial production. The applicant, Paul Green has been involved in the movie and production industry for over 28 years as a camera operator, production sound, editor, producer, and director of photography. Paul is responding to a growing demand from his clients to offer aerial photography and videography services to his service offerings. Paul has been involved in the building and piloting of remote controlled aircraft earlier in life. His primary pilot, Don Lien, has been an FAA certified pilot since 1989 and accumulated over 500 hours of flight time in single engine aircraft.

Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR 45.23(b); 14 CFR §§ 61.113(a) &(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); 91.215(a) &(b); 91.131 (d); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) &(b) to commercially operate a small unmanned vehicle (551bs or less) equipped to conduct aerial videography and photography services.

Approval of exemptions allowing commercial operations of sUASs to conduct aerial videography and photography services will enhance safety by reducing risk. Conventional photography operations, using jet or piston powered aircraft, at extremely low altitudes, often very close to the subject being filmed and in close proximity to people and structures; and present the risks - associated with vehicles that exceed 3,000Ibs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). In contrast, a sUAS weighing fewer than 55 Ibs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the location. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

0The operation of small sUASs, weighing less than 55 Ibs., conducted in the conditions outlined

above, will provide an equivalent level of safety supporting the granting of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground but under 500 feet AGL, and within a limited area and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

AII flights will occur over private or controlled access property with the property representative or 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 filming will take place.

AII flights will occur in accordance with any state or local laws regarding privacy.

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 within visual line of sight and national security — provide more than adequate justification for the granting of.the requested exemptions allowing commercial operation of applicant's sUAS in the aerial videography and photography services industry.

Sinc

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~ ~ Paul C. Green Flight AV, Inc. Managing D

~ ector, Flight AV

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