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ErikOisenPictures

July 9, 2015

U.S. Department ofTransportation Docket Management System 1200 NewJerseyAvenue SE Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalfwithout legal counsel orconsulting services.

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), and 14 C.F.R. Part 11, Erik Olsen Pictures, a full servicevideo production company, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed belowto allow operation ofour Small Unmanned Aircraft System (sUAS) commercially in airspace regulated bythe Federal Aviation Administration (FAA) so long as such operations are conducted with and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.

The requested exemption would permit Erik Olsen Pictures to pursue its commercial interests in providing services to clients using a small advanced sUAV in the following areas:

• Real Estate ·Marketing
• Filmmaking
• Special Events

Erik Olsen Pictures states that all sUAS flights will occur over private or controlled access propertywill do so with the property owner's consent and knowledge and that only people who have consented orotherwise have agreed to be in the area where videography/photographywill take place.be notified and the operatorwill give the right-of-wayto avoid flying in the proximity offull-scale aircraft.
• Maximum flight time for each operation will be no more than 20 minutes.
• Flights will be terminated when battery levels reach 25%, allowing sufficient
reserve flighttime to safely land the sUAS.
• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feetAGL, and not more than 200 feet above an elevated platform from which videography is planned.
• Minimum crew for each operation shall consist of: sUAS pilot, avisual sUAS observer, and the camera operator. ·ThesUAS PIC will be an FAA licensed airman holding a minimum ofa Private Pilot certificate and a current FAA medical certificate.
• The sUAS operated by the petitionerweighs lessthan 25 pounds, including all payload (i.e. camera, lens, and stabilized gimbal).
•The sUAS will operate at speeds of no morethan 50 knots, can hover, and can simultaneously movevertically and horizontally.
• Given the small size ofthe sUAS and the restricted sterile environmentwithin which it will operate, Erik Olsen Pictures' operations adhere to the Reform Act's safety requirements.

Erik Olsen Pictures has a high regard forsafe operations with an understanding of FARs, preflight inspections, knowledge ofoperations and differences in airspace classifications.

We respectively request exemption under Section 333 to enable Erik Olsen Pictures to operate efficient, limited, low-risk commercial sUAS operations for the activities stated respecting at all times the space and privacy ofcitizens and propertywhile keeping airspace safe.

Erik Olsen Erik Olsen Pictures 39 Depot Street Tryon, NC 28782 864.990.1217Regulations from which exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) 

### &(b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b) 14 C.F.R. 91.215 14 C.F.R. 91.401 -91.417

Unmanned Aircraft System

sUAVs are often seen as superiorto helicopters as an aerial video/photography gathering platform dueto the smaller devices cheaperequipment and personnel cost, reduced noise and
as such, a much smaller environmental impactwhich promotes public safety.

Erik Olsen Pictures is petitioning for an exemption to operate a 3D-Robotics SOLO with a attached stabilized HD camera and GPS safetyfeatures which limit its abilityto limitthe height it flies above ground level (AGL), to limitthe radius ofthe distance itflies from the operatorand to exclude it from operations within designated Class B, C and D airspace including a no-fly zone feature. The 3D-Robotics SOLO also has a failsafe function that is triggered in the event communication is lost between the sUAS and the main controllertransmitter. Atthattime, the sUAS will return to its point oftakeoffand land safety. Ifthe connection is restored, the PIC can regain control offlight and land manually.

These specifications meetwith the Model Aircraft Operating Standards as set below:

• The petitionerwill only operate its sUAS in line-of-sight ofa pilot and/or observer and will operate atsites that are 'sufficient distance' from populated
areas within the sterile area described in the FOPM. Such operationswill ensure thatthe sUAS will "not create a hazard to users ofthe national airspace system
orthe public."

• When flying the sUAS within three (5) miles ofan airport, airport operators willEXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Erik Olsen Pictures requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe sUAV System:

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 2 Vision Plus undereither, or both, ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property, will not carryfuel, and will onlyfly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose thatthe UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is notappropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.

14 CFR45.23 Display ofmarks; general and 45.29 Size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level ofsafety byincluding the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be ableto see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrastflag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operate within 3/4 NM ofthe ground station, the bannershould be visible to anyonethat observes the aircraft and chooses to investigate its point oforigin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person who holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilotto actas pilot in command ofan 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 propertyfor compensation or hire. Our proposed operations require thatthe PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meetthe intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.

14 CFR 91.7 Prohibits the Operation ofan aircraftwithoutan airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be availableto the crew atthe ground station anytime the aircraft is in, or preparing for, flight.

14 CFR91.109 Flight Instruction; Simulated instrumentflight and certain flighttests. The regulation states "No person may operate a civil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa hand-held radio transmitter andwhile it does not offer a second set of"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls duringflight, this technique meetsthe intent 91.109 and provides an equivalent level ofsafety.

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areasthe aircraft cannot be operated closerthan 500 feetto any person, vessel, vehicle, or structure. Sincethe typical mission ofthe sUAS would be photography orsurvey ofpersons, vessels, vehicles orstructures it would be necessaryto operate closerthan 500 feetto the items listed. Operationswill only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraftwill be operated at a low altitudeallowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimetersettings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feetAGL and will not need to maintain cruising altitudes in orderto prevent conflictwith otheraircraft. An Above Ground Level altimeter measurement above the takeoffpoint is transmitted via radio from the sUAS on-board computerto the displayscreen held by the PIC, providing a constantly updated AGL readout.

14CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin aflight in an airplane underdayvFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly afterthatfor at least 30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAV is battery operated and the maximum duration offlight from a single battery charge is 12 minuteswith a 20% reserve. Since the aircraftwill neverfly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensure thatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and askfor an equivalent interpretation with the word "energy".

14CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin or cockpit entrance sothat it is legible to passengers or crew." At a maximum gross weight of5.3 pounds, the sUAS is too small to carrydocumentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of 91.203, we proposethat documents deemed appropriate forthis aircraft bythe FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR45.23.



### 14 CFR Subpart E 91.401-91.417- Maintenance, Preventive Maintenance, Alterations The regulation provides thatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is
our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenancewill be performed by the manufacturer ortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.