Solid Shot LLC

375 East 76 th Court, Anchorage, Alaska 99518

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a);

91. 407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Solid Shot, LLC , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UA. Solid Shot, LLC is eligible for a summary exemption for film/television production because Solid Shot, LLC wants to do aerial videography for TV, internet commercials, marketing

, and also “for the motion
picture and television industry for scripted closed set filming.” 1

If the petitioner does not have the option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by using manned aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on board the UA and due to the small size of the UA, there is less risk posed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine.

Manned airplanes and helicopters produce great am ounts of noise pollution disrupting the quiet enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust which affects the environment

, while the UA of the petitioner are electric and do not produce any emission. The environment and the public are benefited by the u se of the UA.

UA use s batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, there is less chance of individuals being injured from an explosion or fire. UA also use smaller propel lers thanmanned helicopters which will cause far less damage in the case of a crash than the

“grenading” that typically happens during a manned helicopter crash.

Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public

b enefits because the danger of a mid

- air collision is lessened

QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown:

o A Freefly Systems Alta Hexacopter previously granted exemption # 12092A

.

o A DJI Phantom 3 previously granted exemption # 12657A

 The manual will be submitted confidentially via email.

 The operations will be for aerial videography 2 for TV

, or internet commercials

, and

also “for motion picture television, and the content creation industry for scripted closed set filming .” This is from Exemption # 11284.

We already agree to all the restrictions listed in Exemption # 11284

, which are listed below. However, if the reviewer is able under a summary petition, we ask to be granted the battery reserve restrictions in Exemption # 11062 (“Each UAS operation must be completed within 30 minutes flight time or with 25% battery power re maining, whichever occurs first.”) instead of Exemption # 11284 (“intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.”). If evaluating the alternative 25% reserve rest riction would cause delay in granting the petition, we immediately agree to the 5 minute reserve from Exemption # 11284 that is listed below.

Based upon the FAA’s recent guidance, this petition is eligible for summary exemption and should be granted imme diately.

Solid Shot, LLC requests that the publication and comment procedures be

waived in accordance with 14 C.F.R. § 11.87 which states :

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include:

(a) Whether gr anting your petition would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.Corresponding to the above sub

- sections, Solid Shot, LLC has good cause to request the

FAA to waive the comment period and not delay action on the petition because:

(a) Solid Shot, LLC would not set any precedent. Solid Shot, LLC agrees to the SAME exact limitations as Exemption # 11284, except we are proposing to operate the Freefly Systems Alta that has been previous ly approved in Exemption # 12092A . The Alta Hexacopter in othe r exemp tions such as 12657A as well as the A DJI Phantom 3 previously granted exemption # 12657A

.

(b ) Solid Shot, LLC agrees to the SAME exact limitations as Exemption # 11284.

(c) Delaying the granting of this petition would adversely affect the public, the FAA,

and Solid Shot, LLC The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Solid Shot, LLC is adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.

Petitioner’s contact info:

Solid Shot, LLC

Attn: Andrew Baugh

Email: andylba ugh@gmail.com

Address: 375 East 76 th Court, Anchorage, Alaska 99518

Attn: Thomas Mace Email: tfmace@gmail.com

Address 375 East 76 th Court, Anchorage, Alaska 99518

Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)This exemption application is expressly submitted to fulfill Congress' goal in passing

Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportation to consider whether certain unmanned aircraf t systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of U A 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 UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 3

If the Secretary determines that such vehicles "may oper ate 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). 4

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 UAS’s, 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 also 49 U.S.C. § 44711(b).

OPERATING DOCUMENTS

Solid Shot, LLC will operate only within the limitations below and the limitations listed in the confidentially submitted user manual. The limitations below, from the previously granted exemption, will be followed if there is a conflict with the manual.

3 FAA Modernization and Reform Act of 2012 at § 333(a).

4 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 o peration of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civi l 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.

These limitations and c onditions are identical to Exemption # 11284 except for the

difference in aircraft. Solid Shot, LLC agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the Freefly Alta and

D JI Phantom UAS 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 airspeeds greater than the maximum UA operating airspeed re commended 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 within 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; electronic 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. The PIC must ensure that the VO can perform the d uties 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 hereinafter referred to as the operating documents . The operating 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 procedures outlined in the operating documents , the conditions and limitations herein take precedence and must be followed. Otherwise, theoperator must follow the procedures as outlined in its operating documents. The operator

may update or revise its operating documents. It is the operator’s respons ibility 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 gra nt 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 exemption. 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 compone nt, 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 other 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 c onduct 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 affe cts 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, ov erhaul, 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 exemption, a PIC must hold eit her 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 government. The PIC must also meet the flight review 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 any 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 ap propriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(training, profic iency, 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 on ly 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 fro m 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 rul es (SVFR) are not authorized.

16. The UA 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 aeronautical 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 any 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 G PS signal, the UA must return the predetermined 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 PI C is prohibited from beginning a flight unless (considering 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

rec ommended by the manufacturer if greater.

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

- issued COA. The exemption holder may apply for a new or amended COA if i t intends to conduct operations that

cannot be conducted under 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, Subpart C. Markings must be as

lar ge 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 aircraf t is operating. Thesedocuments 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 UAS may not be op erated 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 n onparticipating persons leave such protection 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 person s are not considered nonparticipating persons 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 will 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 reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. For the purpose of closed

- set moti on 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 d ays 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 notification may be w aived 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) Na me and 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; a nd (h) A description of 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 participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

STATUTORY CRITERIA PROVIDED IN SECTION 333

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

pr oximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions 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.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no a bility or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying

the UA will have imm ediate access to them. Given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible. 14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES

Exemption # 11221, # 11284, and many others hav e provided that a U.S. driver’s license

could be used in lieu of the medical certificate.

14 C.F.R. § 61.101(e)(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14 C.F.R. § 61.315(a): S PORT P ILOT L IMITATIONS

.

Exemption # 11221, # 11284, and m any others have provided that the “PIC must hold either an airline transport, commercial, private, recreational, or sport pilotcertificate.” Likewise, Solid Shot, LLC is also performing commercial UAS work and is

asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.

14 C.F.R. § 61.113 (a): P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N

C OMMAND

.

Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS 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 a private pilot' s license or sport pilot certificate rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

14 C.F.R. § 91.7( a): C IVIL A IRCRAFT A IRWORTHINESS

.

The Freefly Systems Alta that has been previous ly approved in Exemption #

12092A

. The A Dji Phantom 3 has previously been approved in exemption # 12657A Therefore, this aircraft should not be required to have an airworthiness certificate based upon the FAA’s previous determinations

.

14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less t han the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA.

Because of the lack of flammable fuel, any risk associated with these operations is

far less than those presently presented with conventional aircraft operating at or below 500 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 Se ction 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTIN GS

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 UAS may not 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 operating

manuals.

14 C.F.R. § 91.151(a): F UEL R EQUIREMENTS FOR F LIGHT IN V FR C ONDITIONS

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, assum ing normal cruisingspeed

- (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."

Applicant believes that an equivalent level of safety can be achieved by restricting operations to “be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first.” Exemption # 11062, at page 27.

If, however, the above limitations are not satisfactory to the Administrator, the petitioner is prepared, in the name of expediency, to accept limiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising speed) “there is enough available power for the UA to conduct the intended operation and to operate af ter that for at least five minutes or with the reserve power recommended by the manufacturer if greater.” Exemption # 11284, at page

5.

14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b):

M AINTENANCE I NSPECTIONS

These regula tions 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 prescri bed in part 43 of this chapter" 5 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. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate o nly in restricted areas for limited periods of time. Moreover, the 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. Lastly, the petitioner w ill operate in accordance with the manuals submitted confidentially which will provide an equivalent level of safety as the burdensome regulations.

CONCLUSION:

The operation of Solid Shot, LLC using a small UAS, weighing less than 55 lbs.,

conducted un der the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. If I can be of any assistance to further expedite this petition, please do not hesitate to

contact me at (907)

- 230

- 8899 or at my email andylbaugh@gmail.com

Sincerely Y ours,

Andrew Baugh