January 6, 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12­140

1200 New Jersey Ave, SE Washington, DC 20590

RE: TALLGRASS PICTURES LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom

2 + INSPIRE UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112­95)

Jeffrey Lamont Brown

Managing Director

Tallgrass Pictures LLC

710 13th St. #300

San Diego, CA 92101

619­227­2701

jb@tallgrasspictures.com

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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TALLGRASS PICTURES LLC

SEEKS EXEMPTION............................................................................................................7

THE EXTENT OF RELIEF TALLGRASS PICTURES LLC SEEKS AND THE REASON

TALLGRASS PICTURES LLC SEEKS THE

RELIEF..............................................................10

THE REASONS WHY GRANTING TALLGRASS PICTURES LLC’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ............................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO TALLGRASS PICTURES LLC

WOULD NOT ADVERSELY AFFECT SAFETY..............................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT TALLGRASS PICTURES LLC’S REQUEST..................................................25

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CONCLUSION.....................................................................................................................25

APPENDICES......................................................................................... 26

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

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SUMMARY

TALLGRASS PICTURES LLC seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 2, Inspire and 3DR

SOLO) ​pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA).

This exemption will permit TALLGRASS PICTURES LLC to operate an Unmanned Aircraft

System (UAS) for the commercial purpose of conducting aerial video of closed and open sets,

civil areas and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

TALLGRASS PICTURES LLC has for over 10 years provided their clients (which include

private sector businesses and non­profits, along with local state and federal agencies) with

expertise and knowledge in video and multimedia marketing, advertising, public relations and

training using advanced technologies and solutions. TALLGRASS PICTURES LLC has worked

on thousands of productions over the past 10 years in all types of locations with a perfect client

and employee safety record. In the past we have supplied our clients aerial video and

photography using commercial aircraft. The objective of TALLGRASS PICTURES LLC and

our Unmanned Aircraft System (DJI Phantom 2 + Inspire) ​aerial operations is to provide a more

affordable, high­quality production system for a variety of governmental, commercial, public,

and residential uses, specifically targeting

• TV Commercials

• Feature Films

• Web Films

• Corporate Films

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• Civic landmarks + Landscape

• Special event coverage

• Private and governmental training

My staff has safely flown small RC electric quadcopters recreationally for approximately 3 years

without incident. And I have 335 hours of flight time with a perfect safety record.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, Inspire and 3DR SOLO, UAS

TALLGRASS PICTURES LLC seeks an exemption to operate DJI Phantom 2, Inspire and 3DR

SOLO systems for compensation or hire within the NAS. The DJI Phantom 2, Inspire and 3DR

SOLO are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control

Station (GCS) utilizing electronic tablet and radio remote The DJI Phantom 2, Inspire and 3DR

SOLO have a maximum gross weight of approximately 5 lb. while having a diagonal dimension

of 24”, a maximum speed of approximately 17 fps and a maximum flying height of 400'. The DJI

Phantom 2, Inspire and 3DR SOLO systems are equipped with four main rotors; driven by

Lithium Polymer battery powered electric motors.

The DJI Phantom 2 and Inspire systems that will be operated by TALLGRASS PICTURES LLC

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, TALLGRASS PICTURES LLC, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 2 and Inspire, UAS in the National

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a)

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, TALLGRASS PICTURES LLC operation of DJI Phantom

2, Inspire and 3DR SOLO UAS meets the conditions of FMRA Section 333 and therefore, will

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

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Accordingly, TALLGRASS PICTURES LLC requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements

for maintenance that only apply to aircraft with an airworthiness certificate.

TALLGRASS PICTURES LLC submits that the requested relief is proper since an equivalent

level of safety will be ensured. TALLGRASS PICTURES LLC will use experienced personnel

or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using

the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 2, Inspire and 3DR SOLO Instruction Manual).

Furthermore, TALLGRASS PICTURES LLC will document and maintain all maintenance

records for the DJI Phantom 2, Inspire and 3DR SOLO UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled sport pilot privileges and

limitations: Pilot in command, is requested by TALLGRASS PICTURES LLC to the extent

necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2, Inspire

and 3DR Solo UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

TALLGRASS PICTURES LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2, Inspire and 3DR SOLO UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

TALLGRASS PICTURES LLC submits that they will ensure that the DJI Phantom 2, Inspire

and 3DR SOLO UAS is in an airworthy condition, prior to every flight, by determining that the

UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2, Inspire and 3DR SOLO Instruction Manual), and that the aircraft are in a condition

for safe flight.

TALLGRASS PICTURES LLC also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 2, Inspire and 3DR SOLO UAS will not

have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom

2, Inspire and 3DR SOLO UAS will be provided to the PIC via Global Positioning System

(GPS) equipment and radio communications telemetry data link, which downlinks from the UA

to the GCS for active monitoring of the flight path. This altitude information, combined with

TALLGRASS PICTURES LLC’s operation of the DJI Phantom 2, Inspire and 3DR SOLO UAS

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

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Additionally, TALLGRASS PICTURES LLC seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. TALLGRASS

PICTURES LLC submits that safety will not be affected by operation of the DJI Phantom 2,

Inspire and 3DR SOLO UAS during daylight hours in visual meteorological conditions (VMC)

under visual flight rules (VFR), with enough battery power to fly for a total duration of

approximately 23 minutes. Battery power indicators are also able to show exactly how much

battery power is left, as well as how much time is needed to return safely back to point of take

off. In addition the UAS are equipped with the ability to automatically to the launch location in

the event of low battery power or loss of radio control.

In accordance with 14 C.F.R. § 11.81, TALLGRASS PICTURES LLC provides the following

information in support of its petition for exemption:

A.​Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Jeffrey Lamont Brown

Managing Director

Tallgrass Pictures LLC

710 13th St. #300

San Diego, CA 92101

619­227­2701

jb@tallgrasspictures.com

B. The Specific Sections Of 14 C.F.R. From Which TALLGRASS PICTURES LLC Seeks

Exemption.

1. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or hire;

nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

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(2) The aircraft does not carry passengers or property for compensation or hire.

2. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may be, by reference to an altimeter that is set, when

operating­­

(1) Below 18,000 feet MSL, to­­

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate available

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that

for at least 20 minutes.

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5. TALLGRASS PICTURES LLC Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each

owner or operator of an aircraft—

(a) 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[.]

6. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless­­

(1) It has been approved for return to service by a person authorized under § 43.7

of this chapter[.]

7. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had ­­

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. TALLGRASS PICTURES LLC Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the

following:

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(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods specified

in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100­hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include­­

(i) A description (or reference to data acceptable to the Administrator) of the

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life­limited parts of each airframe, engine, propeller,

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

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(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason

TALLGRASS PICTURES LLC​Seeks The Relief.

1. Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason TALLGRASS

PICTURES LLC​Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a sport pilot or higher level

certificate, as well as a current and valid airman medical certificate, and who has met certain

flight­hour and currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, TALLGRASS PICTURES LLC submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2,

Inspire and 3DR SOLO UAS unless that PIC has met certain flight­hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2,

Inspire and 3DR SOLO UAS in a manner consistent with the operations specifications as

described in this exemption, including evasive and emergency maneuvers, as well as maintaining

appropriate distances from people, vessels, vehicles and structures.

Further, TALLGRASS PICTURES LLC submits that all flights of the DJI Phantom 2, Inspire

and 3DR SOLO UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be

11
incidental to TALLGRASS PICTURES LLC’s business; and (2) will not carry passengers or

property for compensation or hire.

2. Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason TALLGRASS

PICTURES LLC​Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow TALLGRASS PICTURES LLC to determine that the DJI Phantom 2, Inspire

and 3DR SOLO UAS are in airworthy condition prior to every flight by ensuring that the UAS is

in compliance with the operating documents (i.e., TALLGRASS PICTURES LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, Inspire and 3DR SOLO

Instruction Manual).

TALLGRASS PICTURES LLC seeks the requested relief because the DJI Phantom 2, Inspire

and 3DR SOLO UAS do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, TALLGRASS PICTURES LLC will ensure that the DJI Phantom

2, Inspire and 3DR SOLO UAS are in airworthy condition based upon its compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, Inspire and 3DR

SOLO) prior to every flight, and further, determine that the aircraft are in condition for safe

flight, as stated in the conditions and limitations below.

3. Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason TALLGRASS

PICTURES LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 2, Inspire and 3DR SOLO UAS, which utilize a barometric

pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA

requires that any altitude information concerning UAS operations be reported to air traffic

control (ATC) in feet above ground level (AGL), TALLGRASS PICTURES LLC seeks the

requested relief because the DJI Phantom 2, Inspire and 3DR SOLO UA’s altimeter may be set

on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before

each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to comply with the applicable conditions and limitations stated below. As

more fully set forth herein, an equivalent level of safety will be maintained since the DJI

Phantom 2, Inspire and 3DR SOLO UAS are equipped with a barometric pressure sensor and

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GPS equipment, which automatically ensures that a ground level pressure setting will be

established prior to each flight, and provides the PIC with altitude information of the UA on the

heads­up display of the GCS.

4. Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason TALLGRASS

PICTURES LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 2, Inspire

and 3DR SOLO UAS during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), for a total duration of 23 minutes. TALLGRASS PICTURES LLC

seeks the requested relief because without an exemption from Section 91.151(b), the flight time

duration of the battery powered DJI Phantom 2, Inspire and 3DR SOLO UAS will severely

constrain the practicality of any aerial video or still photo flight operations that TALLGRASS

PICTURES LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2, Inspire and

3DR SOLO UAS, the DJI Phantom 2, Inspire and 3DR SOLO operating documents, and

TALLGRASS PICTURES LLC’s proposed operating limitations, ensure that TALLGRASS

PICTURES LLC will safely operate the battery powered DJI Phantom 2, Inspire and 3DR SOLO

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules

(VFR), with enough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief TALLGRASS PICTURES LLC Seeks And The Reason TALLGRASS

PICTURES LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, TALLGRASS PICTURES LLC requests relief from

these Sections because the DJI Phantom 2, Inspire and 3DR SOLO UAS do not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 2, Inspire and 3DR

SOLO UAS meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, TALLGRASS PICTURES LLC will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques,

and practices prescribed in the UAS operating documents (i.e., the TALLGRASS PICTURES

LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, Inspire and

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3DR SOLO Instruction Manual). Furthermore, TALLGRASS PICTURES LLC will document

and maintain all maintenance records for the DJI Phantom 2, Inspire and 3DR SOLO UAS.

D. The Reasons Why Granting TALLGRASS PICTURES LLC Request Would Be In The

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing TALLGRASS

PICTURES LLC to safely, efficiently, and economically perform aerial video and photography

of film sets, urban areas, and natural landscapes over certain areas of the United States.

Additionally, use of the DJI Phantom 2, Inspire and 3DR SOLO UAS will decrease congestion

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

benefits of TALLGRASS PICTURES LLC’s proposed operation of the DJI Phantom 2, Inspire

and 3DR SOLO UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2, Inspire and 3DR SOLO UAS are battery powered and serve as a safe,

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an

exemption allowing the use of a DJI Phantom 2, Inspire and 3DR SOLO UAS would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the

safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2,

Inspire and 3DR SOLO UAS do not require an airport to takeoff or land. Likewise, a reduction

of manned aircraft conducting aerial video and photography missions would result in fewer

aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival,

and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2, Inspire

and 3DR SOLO UAS.

Conducting aerial acquisitions with the DJI Phantom 2, Inspire and 3DR SOLO UAS, instead of

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise

pollution generated during traditional aerial video and still photography flight operations. By

14
using battery power and electric motors, the DJI Phantom 2, Inspire and 3DR SOLO UAS

produce no air pollution, and is the most viable environmentally conscious alternative to the

cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial

video and photography, while burning approximately 20­30 gallons per hour of leaded aviation

fuel. The DJI Phantom 2, Inspire and 3DR SOLO UAS, while reducing the carbon footprint of

aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered

electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2, Inspire and 3DR SOLO UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually associated with

traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI

Phantom 2, Inspire and 3DR SOLO UAS (weighing approximately 5 pounds at their maximum

gross weight with diagonal dimension of approximately 24 inches, and with no fuel on board),

has less physical potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a

fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2, Inspire

and 3DR SOLO UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, Inspire and 3DR SOLO UAS are also

an economical alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the DJI Phantom 2, Inspire and 3DR SOLO UAS will allow United States based

companies, like TALLGRASS PICTURES LLC, to remain competitive and contribute to growth

of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain competitive.

Operating the battery powered DJI Phantom 2, Inspire and 3DR SOLO UAS is one such

technology that not only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the DJI Phantom 2, Inspire and 3DR SOLO UAS, companies such as

TALLGRASS PICTURES LLC, can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to growth of

the U.S. economy. Improved financial performance of U.S. companies, through commercial use

of the DJI Phantom 2, Inspire and 3DR SOLO UAS, provides a stable workforce that increases

consumer spending; improves local, state, and federal tax revenues; and allows companies to

15
invest in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades,

TALLGRASS PICTURES LLC’s proposed operation of the DJI Phantom 2, Inspire and 3DR

SOLO UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2, Inspire and

3DR SOLO UAS will be operated only in compliance with operating documents (i.e.,

TALLGRASS PICTURES LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2, Inspire and 3DR SOLO Instruction Manual) which requires property owner

involvement as well as local law enforcement notification, and in accordance with the Federal

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided

By The Rule From Which TALLGRASS PICTURES LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2, Inspire and 3DR SOLO UAS Meet The Conditions Of

The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, TALLGRASS PICTURES LLC’s operation of the DJI

Phantom 2, Inspire and 3DR SOLO UAS meet the conditions of FMRA Section 333, and will

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.­­Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the

national airspace system before completion of the plan and rulemaking required by

section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination under

subsection (a), the Secretary shall determine, at a minimum­­

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated

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areas, and operation within visual line of sight do not create a hazard to users

of the national airspace system or the public or pose a threat to national

security; and

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

(c) Requirements for Safe Operation.­­If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, TALLGRASS PICTURES LLC submits that the DJI Phantom 2,

Inspire and 3DR SOLO UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 2, Inspire and 3DR SOLO UAS; (b)

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2, Inspire and 3DR SOLO UAS Demonstrate Its

Safe Characteristics.

The DJI Phantom 2, Inspire and 3DR SOLO UAS does not create a hazard to users of the NAS

or the public, or otherwise pose a threat to national security considering its size, weight, speed,

and operational capability.

i. Technical Specifications Of The DJI Phantom 2, Inspire and 3DR SOLO UAS.

The technical specifications of the DJI Phantom 2, Inspire and 3DR SOLO UAS are set forth by

the DJI Phantom 2, Inspire and 3DR SOLO User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 2, Inspire and 3DR SOLO UAS Global Positioning Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2, Inspire and 3DR SOLO UAS may be operated in both manual and global

positioning flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 2, Inspire and 3DR SOLO UAS is provided at pages 11 of the DJI Phantom 2, Inspire

and 3DR SOLO User Manual attached hereto as Appendix A.

iii. The DJI Phantom 2, Inspire and 3DR SOLO UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

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When the Control Link is lost, the DJI Phantom 2, Inspire and 3DR SOLO UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2, Inspire and

3DR SOLO UAS does not reacquire control link data from the GCS, the UAS will assume that

the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2, Inspire and 3DR SOLO

UAS are set forth at pages 12 through 14 of the DJI Phantom 2, Inspire and 3DR SOLO User

Manual, attached hereto as Appendix A.

iv. The DJI Phantom 2, Inspire and 3DR SOLO GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2, Inspire and

3DR SOLO GCS and flight control software is provided at pages 23 through 29 of the DJI

Phantom 2, Inspire and 3DR SOLO User Manual. DJI Phantom 2, Inspire and 3DR SOLO User

Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 2, Inspire and 3DR SOLO UAS Is Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

TALLGRASS PICTURES LLC video production staff will be the only persons to act as a pilot

in command (PIC) of the DJI Phantom 2, Inspire and 3DR SOLO UAS. Additionally, a safety

observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 2, Inspire and 3DR SOLO UAS Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, TALLGRASS PICTURES LLC proposes to commercially operate

DJI Phantom 2, Inspire and 3DR SOLO UAS for the special purpose of conducting aerial video

and photography over certain areas of United States, pursuant to the following specific operating

limitations.

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJI Phantom 2, Inspire and 3DR SOLO Unmanned

Aircraft Systems. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for

the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

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4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

5. The UAS 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 FAA­issued airman medical

certificate.

6. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The SO

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 SO can perform the functions prescribed in the operating

documents.

7. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

8. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations contained in the grant of

exemption and the procedures outlined in the operating documents, the conditions and

limitations contained in the grant of exemption take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator upon request. The operator must also present updated

and revised documents if it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS­80)

may be contacted if questions arise regarding updates or revisions to the operating

documents.

9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

19
been performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

10. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PIC who conducts the functional test flight

must make an entry in the aircraft records.

11. The pre­flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

12. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

13. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished,

and the signature of the authorized person returning the UAS to service.

14. Each UAS operated under this exemption must comply with all manufacturer's

Safety Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

16. The PIC must possess at least a sport pilot certificate and at least a current thirdclass medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances

from persons, vessels, vehicles and structures. PIC qualification flight hours must be

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of

training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training

sessions. During training, proficiency, and experience­building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must

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operate the UA with appropriate distance from nonparticipants in accordance with 14

C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

All operations must be conducted under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made at the FAA office closest to

proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA­published aeronautical chart unless a letter of agreement

with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

21. 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.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The PIC is prohibited from beginning 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 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable.

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27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available

to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Administrator or any law

enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential 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 nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over sport or controlled­access 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.

33. 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 (AFS­80) 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.

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2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

TALLGRASS PICTURES LLC submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom

2, Inspire and 3DR SOLO UAS unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2,

Inspire and 3DR SOLO UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering TALLGRASS PICTURES LLC’s proposed area of operations, and the operating

limitations set forth­above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 2, Inspire and 3DR SOLO UAS,

TALLGRASS PICTURES LLC submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

TALLGRASS PICTURES LLC’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

TALLGRASS PICTURES LLC will not allow any PIC to operate the DJI Phantom 2, Inspire

and 3DR SOLO UAS unless that PIC has demonstrated, by meeting minimum flight­hour

requirements or the DJI Phantom 2, Inspire and 3DR SOLO UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2, Inspire and 3DR SOLO

UAS in a manner consistent with this exemption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety

during TALLGRASS PICTURES LLC’s proposed operations. The Administrator has held that

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prior documented flight experience that was obtained in compliance with applicable regulations

would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must 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 multi­rotor

UAS. Prior to operations under Exemption No. 11062, the PIC must 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 operations under the exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi­rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90

days (for currency purposes). The FAA finds that at a minimum, the flight­hour

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also

finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience­building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience­building

flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, TALLGRASS PICTURES LLC will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2, Inspire and 3DR SOLO UAS unless that PIC has

demonstrated, by meeting minimum flight­hour and currency requirements, that the PIC is able

to safely operate the DJI Phantom 2, Inspire and 3DR SOLO UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, TALLGRASS PICTURES LLC will ensure that the DJI Phantom 2, Inspire and

24
3DR SOLO UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 2, Inspire and 3DR SOLO UAS will be provided to the

PIC via GPS equipment and a radio communications telemetry data link, which downlinks from

the UA to the GCS for active monitoring of the flight path and altitude. This altitude information,

combined with TALLGRASS PICTURES LLC’s operation of the DJI Phantom 2, Inspire and

3DR SOLO UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of

safety equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2, Inspire and

3DR SOLO UAS; (2) the limitations on the proposed flight operations; and (3) the location of

the proposed flight operations. Accordingly, TALLGRASS PICTURES LLC will ensure that it

will safely operate the battery powered DJI Phantom 2, Inspire and 3DR SOLO UAS during

daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23

minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2, Inspire and

3DR SOLO UAS; the limitations on the proposed flight operations; and the location of the

25
proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2, Inspire and 3DR SOLO

UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low

battery voltage, the first warning occurring at approximately 33% remaining battery power, and

again at approximately 10% remaining battery power. At the critically low battery level, the DJI

Phantom 2, Inspire and 3DR SOLO UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely

Affect Safety.

In seeking this exemption, TALLGRASS PICTURES LLC submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

TALLGRASS PICTURES LLC will use trained technicians to perform maintenance, alterations,

or preventive maintenance on the UAS using the methods, techniques, and practices prescribed

in the operating documents (i.e., TALLGRASS PICTURES LLC Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 2, Inspire and 3DR SOLO Instruction Manual).

Furthermore, TALLGRASS PICTURES LLC will document and maintain all maintenance

records for the DJI Phantom 2, Inspire and 3DR SOLO UAS.

Since the DJI Phantom 2, Inspire and 3DR SOLO UAS will be inspected as prescribed by the

operating documents, TALLGRASS PICTURES LLC will maintain the equivalent level of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 2, Inspire and 3DR SOLO User Manuals are attached hereto as Appendix A and B; a

copy of the DJI Phantom 2, Inspire and 3DR SOLO UAS Maintenance LOG is attached hereto

as Appendix C.

Likewise, the exemption sought will not adversely affect safety because TALLGRASS

PICTURES LLC will use trained technicians to perform maintenance, alterations or preventive

26
maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2, Inspire

and 3DR SOLO UAS will be performed by trained technicians. Maintenance will be documented

and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of TALLGRASS PICTURES LLC’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2, Inspire and 3DR SOLO

UAS, TALLGRASS PICTURES LLC submits that safety will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2),

and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, TALLGRASS PICTURES LLC requests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 2, Inspire

and 3DR SOLO UAS, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit

safe operation of the UAS for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth

the requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security; and further, provides the authority for such

UAS to operate without airworthiness certification in accordance with any requirements that

must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2, Inspire and 3DR SOLO UAS, since the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

27
standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled

Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2, Inspire

and 3DR SOLO UAS, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which TALLGRASS PICTURES LLC Seeks Exemption:

TALLGRASS PICTURES LLC seeks exemption from the requirements of 14 C.F.R

Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption TALLGRASS PICTURES LLC

Seeks:

This exemption will permit TALLGRASS PICTURES LLC to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support

TALLGRASS PICTURES LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, TALLGRASS PICTURES LLC’s request for

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exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part

11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, TALLGRASS PICTURES LLC will operate the DJI Phantom 2,

Inspire and 3DR SOLO UAS safely in the NAS, without creating a hazard to users of the NAS,

or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, TALLGRASS PICTURES LLC seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of the DJI Phantom 2, Inspire and 3DR SOLO UAS commercially, without

an airworthiness certificate, for the limited purpose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while

also advancing the interests of the public, by allowing TALLGRASS PICTURES LLC to safely,

efficiently, and economically operate the DJI Phantom 2, Inspire and 3DR SOLO UAS

commercially within the NAS.

WHEREFORE​, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, TALLGRASS PICTURES LLC

respectfully requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the

DJI Phantom 2, Inspire and 3DR SOLO UAS commercially for the purpose of conducting aerial

video and photography over certain areas of the United States.

Dated: January 6, 2016

Respectfully submitted,

Jeffrey Lamont Brown

Managing Director

Tallgrass Pictures LLC

710 13th St. #300

San Diego, CA 92101

619­227­2701

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jb@tallgrasspictures.com

Appendices:

A – Link to DJI Phantom 2, Inspire and 3DR SOLO Manual: Click on link below

http://download.dji­innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_

Manual_v1.2_en.pdf

http://www.dji.com/product/inspire­1/info (scroll down)

https://3drobotics.com/kb/solo­user­manual/

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