June 10

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

Re: Exemption Request S ection 333 of t he FA A R eform A ct

Dear Sir or Madam:

Pursuant t o S ection 333 of the FAA M odernization and Reform A ct o f 201 2 (the Reform Act) a nd 14 C .F.R. P art 11, OC Films

, a video and film production company , hereby appl ies for

a n exempti on from t he l isted Federal A viation Regulations ( “FARs”) t o al low

c ommercial oper ation of i ts s UASs, so long a s such operations a r e conducted within and under t he conditions out lined herein or as may be established by t he FA A a s r equired by S ection 333. 1

As des cribed m or e fully bel ow, t he r equest ed exemption would permit the operation of small, un manned and r elatively i nexpensive sUAS under c ontrolled conditions in airspace t hat i s 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the film and television industry presently using conventional aircraft. 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:

OC Films Attn: Jorge Bicer Ph: 949-288-6768 Email: info @ ocfilms .com Address: 300 Spectrum Center Dr. Suite 400 - Irvine CA, 92618June 10

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Regulations from which the exemption is requested:

14 CFR Part 21 14 C. F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exempt ion 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 UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• 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.

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 nat ional airspace system.” Id. §333(c) (emphasis added) 2

.

The Federal Avi ation 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.

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS , if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.June 10

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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 also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

OC Films ’s s UASs ar e rotorcraft, w eighting 55 or f ewer l bs. i ncluding pay load. They oper ate, under

nor mal c onditions at a speed of no more t han 50 knots and hav e the capability t o hover, and move in the v ertical and horizontal pl ane simultaneously. They w ill operate onl y i n line of s ight. Such ope rations w ill i nsur e that t he sU AS w ill “ not c reate a hazard to users o f the nat ional a irspace sy stem o r t he public.” 4

Given the small size of t he sUASs involved and the restricted sterile 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 UASs to commence immediately. Also due to the size of the UASs and the restricted 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, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully re quests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALEN T 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 to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe movie and television filming operations conducted with conventional aircraft

.

These limitations and conditions t o which OC Films ag rees t o b e bound when conducting c ommercial o perations unde r an FA A i ssued exemption include:

1. The 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 ea ch operational 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 w ill be operated at an altitude o f no m ore than 2 00 feet.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator.June 10, 2015

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6.
7. 8.

9.

10. Observer and pilot will at all times be able to communicate by voice and/or text. Written and/or oral permission from the relevant property holders will be obtained. 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. If the sUAS 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. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

Sincerely,

Jorge A Bicer Owner OC Films