September 19th 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE., Washington, DC 20590 James Peterson Films, LLC 287 Court Street Brooklyn, NY 11231

VIA FEPERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request underSection 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Siror Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "ReformAct") and 14 C.F.R. Part 11, James Peterson Films, LLC, seeks an exemption from FederalAviation Regulations ("FARs") detailed belowforthe following described UnmannedAerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNEDAIRCRAFT (UA): ·Alightweight (20 lb grossweightwith all on-board equipment), manufactured by OJ!, Inspire 1, that includesthe following equipment in flight; -An on-board flight computer with GPS navigation and location abilitythat receives signalsfor flight controls from a ground-basedtransmitter/controller;

- An on-board camera capable of capturing imagery in the form offull color, high definition still photos and video;

- An on-board telemetry system thatdeliversflight datafrom the on-board flight computerto the on-board radio transmitter including altitudeAGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site; -A2.4GHz on-board radio transmitterthattransmits live video from the on-board camera plus all the flight datafrom the telemetry system described above; THE GROUD STATION -BASED PART OFTHE SYSTEM: - A Pilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAwhile in the air;

- A2.4GHz radio transmitter/controller operated bythe PIC to control the UAwhile in flight;

- A radio receiver receiving live video and flight datafrom the on-board camera and computer projects itall together onto a screen for the PIC to view during flight; -AVisual Observer (YO) is a person who provides a second pair of eyes to visually trackthe UA while in flight.The requested exemption would support an application for a commercial Certificate of Authorization to use the above described ME System forAerial Photography and Cinematography never operating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 

### 18 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and largetrees. The alternative could be to charter a full-sized helicopterfor this purpose, which has proven more costly than many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we request that we be allowed to use oursystem to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, etal., while remaining subject to all limitations cited in this application aswe do so. The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 

### 8900.227 Section 14 110perational Requirements for UAS" and with the following Restrictions: a) Noflight will be made with a UAGross weight exceeding 55 pounds; b) All operations must occur in FAAClass G airspace at no more than 

### 400 ftAGL, at an airspeed of no more than 

### 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during aflight operation; d) Operations will be restricted to flights over propertywith the permission of the propertyowner; e) The PIC must have accumulated and logged, in a mannerconsistent with 14 CFR 

### § 61.51 (b), a minimum of 

### 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airportor heliport; I) Operations will be restricted to dayonly and weather conditions equivalent to VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk before the first flight ateach new location; n) Noflight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UAis in a condition safe for flight (seeAppendixA).The PIC and VOwill meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftheir initial training. We submit thatthe combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAAcan have full confidence thatthe operation will have an equivalent or greater level ofsafetythan manned aircraft performing the same mission. The name and contact information ofthe applicant are: James Peterson Films, LLC Ph: 212-390-0713 Email: james@petersoncine.com The regulations from which the exemption is requested are listed below. Beside each regulation number isthe page ofthe attachedAddendum upon which each may be found togetherwith our proposed equivalent level of safety for each regulation:

- 14CFR Part 21 ................................. Addendum Page 1

- 14 CFR 91.203.................................Addendum Page 1

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2

- 14 CFR 61.113, 61.133
.......................Addendum Page 2 -14 CFR 91.109, 91.119, 91.121
..............Addendum Page 3

- 14 CFR 91.151 .................................Addendum Page 3

- 14CFR Subpart E (91.401
- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1 We are prepared to modify or amend any part of this request to satisfythe need for an equivalent level of safety. Please contact us at anytime ifyou require additional information or clarification. We lookforward to working with your office. Sincerely,

James Peterson, James Peterson Films LLC Addendum containing Exemption Requests and Equivalent Level of SafetyAppendixA- Flight Manual's Appendix B
- Owner's Manual for UAADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVELOF SAFETY James Peterson Films, LLC requests an exemption from the following regulations aswell as any additional regulations that maytechnically applyto the operation of the ME System: 14CFR Part 21, Subpart H: Airworthiness Certificates This part establishesthe procedures forthe issuance of an airworthiness certificate. While the FAAcontinuesto workto develop airworthiness standardsfor UnmannedAerial Systems, we request an experimental certificate be issued for the ME System under eitheror both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development.Testing new aircraftdesign concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flighttests and otheroperationsto 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, salesdemonstrations, and customer crewtraining, we would expectthat an experimental certificate would permit ourcommercial purpose aswell. The aircraftwill notcarry persons or property, will notcarry fuel, and will onlyfly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose thatthe UAwill be at least as safe, if notsafer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is notappropriate for this application, then we request an exemption of 14CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 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 11displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew."At a maximum grossweight of 6.5 pounds, the UAistoo small to carry documentation, does not have an entrance, and is notcapable ofcarrying passengers or crew. To obtain an equivalent level of safety and meetthe intentof 91.203, we propose that documentsdeemed appropriateforthis aircraft bythe FAAwill 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 plusthe word "EXPERIMENTAL"to satisfythe requirement of 14CFR 45.23, which follows immediately afterthe proposed placard description below:Appendix A EXPERIMENTAL Manufacturer: OJI Innovations, Inc. 950 E BaselineAve. Ste. 210Apache JunctionAZ 85119 Models: inspire 1, 14CFR 45.23 Display of marks; 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 "EXPERIMENT ALII in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The UAdoes 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 of safety by including 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 able to 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 at the ground station a high contrast flag or bannerthat containsthe words

**~~unmanned** Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyonethat observes the aircraft and choosesto investigate its point of origin. 14CFR 91.9 Civil aircraftflight 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 thatflight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Manual (AppendixA) must be available to the crew atthe ground station anytimethe aircraft is in, or preparing for, flight. 14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation providesthat no person that holds a private pilot certificate may act as pilot in command of an aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as 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 property for compensation or hire. Our proposed operations require thatthe PIC must either 1. Hold a Sport Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground

**instruction~~** and pass 11the FAA Private Pilotwritten examination." Since there are currently no means available forthe pilot of aUAS to gain the experience in an equivalent category and class in orderto apply for a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilotsto complete, at a minimum, FAAcommercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannotcarry passengers or property, we feel we meetthe intent of 

### 61.113 Subparagraph (b) even though the intent ofthis application isto conduct a business. 

### 14CFR 

### 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation statesthat "No person may operate a civil aircraftthat is being used forflight instruction unlessthat aircraft has fully functioning dual controls." The ME System ground-based control station consists of a small hand-held radio transmitter and while it does notoffer 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 during flight, we feel thatthistechnique meets the intent

### 91.109 and provides an equivalent level ofsafety. 

### 14 CFR 

### 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areasthe aircraft cannot be operated closer than 

### 500feetto any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of

### 400 feetAGL, we cannot comply with this requirement. In orderto provide an equivalent level of safetywe will onlyfly over private propertywith permission ofthe owner ofthe property flown over. The aircraftwill not be operated over congested areas orover any open air assembly of persons. The property ownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraftwill be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that dueto the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

### 14 CFR 

### 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 

### 100 NM ofthe aircraft. The UAwill alwaysfly below

### 400 feetAGLand will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UAon-board computerto the display screen held by the PIC, providing a constantly updatedAGL readout. 

### 14CFR 

### 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane underday-VFR conditions unlessthere is enough fuel to fly to the first point of intended landing and to fly after that for at least 

### 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 

### 20°/o reserve. Since the aircraftwill neverfly more than 3'4 NM from the point of intended landing, a full battery charge atlaunch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption tothe word

..fuel

.. and ask for an equivalent interpretation with the word

..energyn. 14CFR Subpart E (91.401
- 91.417)
- Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be

..approved for return to service by a person authorized under 43.711 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

... As provided in the Pre-Flight Checklist in AppendixA, 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 bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturer ortheir designated repairfacility. The PIC will documentwork performed in accordance with 91 .417. We feel that dueto the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum grossweight is 6.5 pounds, it is constructed ofcarbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Giventhe unlikely eventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose thatthe minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.

### APPENDIX A- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAAClass G airspace at no more than

## 4oo•AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistentwith 14 CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UAtype; f) All required permits will be obtained from state and local government prior to operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalent to VFR; m) The PIC will brief the VO and property owner about the operation and risk before the first flight ateach new location; n) No flight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain that the UA is in a condition safe for flight. PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and will bring the UAV backto the PIC.