Christopher Trim

DBA: Magic Lantern Creation

5723 Owl Court Elk Grove, CA 95758 magiclanterncreation@me.com

June 3, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91. 121; 91.151(a);91.203(a) & (b);91.405

(a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b)

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To whom it may concern:

I am writing this exemption request on my own behal f without legal counsel.

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Christopher Trim (the a pplicant), a professional photographer and owner/operator of Magic Lantern Cr eations, hereby applies for an exemption from the listed Federal Aviation Regulati ons (“FARs”) to allow him to operate a small Unmanned Aircraft System (“sUAS”) under the conditions and limitations set

forth in this Petition.

The applicant is requesting exemption from the list ed FAR's to allow for commercial operation of its sUASs for aerial images (photograp hy and videography) of events such as amateur sporting events, weddings, private parti es, and for showcasing Real Estate properties, so long as such operations are conducte d within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1

As explained below, the requested exemption would p ermit the operation of small, unmanned sUAS under controlled conditions in airspa ce that is (a) predetermined, (b) limited, and (c) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraf t systems in the national airspace system.” Section 333(c) of the Reform Act.The name and address of the applicant is:

Christopher H. Trim DBA: Magic Lantern Creations Telephone: (916) 391-6144 Email: magiclanterncreation@me.com

Address: 5723 Owl Court, Elk Grove, CA 95758

Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. § 45.23(b) 14 CFR § 61.3 14 C.F.R. § 91.7 (a) 14 CFR § 91.9 (b) (2) 14 C.F.R. § 91.103 14 C.F.R. § 91.109 14 C.F. R. § 91.119 14 C.F.R. § 91.121 14 CFR § 91.151 (a) 14 CFR § 91.203 (a) & (b) 14 CFR § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 14 CFR § 417 (a) & (b)

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In ma king this determination, the Secretary is required to determine which types of U ASs do not create a hazard to users of the NAS or the public or pose a threat to nation al security in light of the following:

• The UAS’s size, weight, speed, and operational ca pability; • Operation of the UAS in close proximity to airpor ts and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Adminstrator determines that such vehicles “ may operate safely in the national airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c).The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA t he authority to grant exemptions from its regulatory requirements for civil aircraft , a term defined under §40101 of the Act, which includes sUASs. The Administrator may gr ant an exemption from a requirement of a regulation prescribed under subsec tion (a) or (b) of this section or any

sections 44702-44716 of the Federal Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).

The sUAS that the applicant currently owns (See ima ges and information in Appendix A) is a multi-rotorcraft, weighting 55 or fewer lbs . including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plan e simultaneously. They will operate only in line of sight and will operate only within areas that have been deemed safe to fly by the PIC during pre-flight planning.

The sUAS currently owned is manufactured by DJI (mo del Phantom 3 PRO). DJI is the leading manufacturer of multi-rotorcraft designed s pecifically for unmanned aerial photography and videography. The Phantom 3 PRO weig hts 1280 g and measures 590mm diagonally (including propellers). The LiPo 4S battery weighs 365 g with a capactity of 480 mAh with a voltage of 15.2 V. It has several different types of safety features built in including a ‘Return To Home’ feat ure. ‘Return To Home’ that allows the aircraft to return to its originating coordinates a nd land safely on its own should the controlling radio signal be lost or interfered with

.

Along with the safety features built into the DJI P hantom, the Applicant will be the acting Pilot in Command (PIC). The applicant has been a Po lice Officer for over 26 years, and understands the risks and dangers involved with fly ing aircraft in populated areas and near airports. Such experience and safety precauti ons will insure that the sUAS will “not create a hazard to users of the national airsp ace system or the public.”

Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, the applicant falls square ly within that zone of safety (an equivalent level of safety) in which Congress envis ioned that the FAA must, by exemption, allow commercial operations of UASs to c ommence immediately. Also due

to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no na tional security issue. Given the clear direction in Section 333 of the Reform Act, the aut hority contained in the Federal Aviation Act, as amended; the strong equivalent lev el of safety surrounding the proposed operations, and the significant public ben efit, including enhanced safety, reduction in environmental impacts, including reduc ed emissions associated with allowing UASs for aerial photographic and video ope rations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay

.AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or e ven higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement for current Aerial photography s ervices that use conventional, ‘full scale’, piston/jet driven aircraft. These limitatio ns and conditions to which Christopher Trim, the applicant, agrees to be bound when conduc ting commercial operations under an FAA issued exemption include:

Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational f light will be 25 minutes. Flights will be terminated at 25% battery power reserve sho uld that occur prior to the 25

minute limit. 4. Flights will be operated at an altitude of no mo re than 400 feet above ground level (AGL). 5. Minimum crew for each operation will consist of the sUAS Pilot and/or a Visual

Observer. 6. The UAS will only operate within a confined “Sec ured Area” that has been investigated and evaluated before flight operations

. 7. The operator will obtain the consent of all pers ons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 fee t based upon an equivalent level of safety determination. 8. Pilot and observer have been trained in operatio n of UAS generally and received up-to-date information on the particular U AS to be operated. 9. Observer and pilot will at all times be able to communicate by voice and/or

text. 10. Pilot will actively analyze flight data and oth er sources of information to constantly update and enhance safety protocols. 11. Written and/or oral permission from the relevan t property holders will be obtained prior to flights. 12. All required permissions and permits will be ob tained from territorial, state, county or city jurisdictions, including local law e nforcement, fire, or other appropriate governmental agencies.

13. If the sUAS loses communications or loses its G PS signal, the UAS will have capability to return to a pre-determined location w ithin the Secured Area and

land. 14. The sUAS will have the capability to abort a fl ight in case of unpredicted obstacles or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1)

The sUAS to be operated hereunder is less than 55 l bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set o ut in the Manual. Unlike other civil aircraft, operations under this exemption will be t ightly controlled and monitored by both the operator, pursuant to the Manual’s requirements , and under the requirements and in compliance with local public safety requirements, t o provide security for the area of operation as is now done with conventional filming. These safety enhancements provide a greater degree of safety to the public an d property owners than conventional operations conducted with airworthiness certificate s issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criter ia demonstrates that there is no credible threat to national security posed by the U AS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

Even though the UAS will have no airworthiness cert ificate, an exemption may be

needed as the UAS will have no entrance to the cabi n, cockpit or pilot station on which the word “Experimental” can be placed. Given the si ze of the sUAV, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 ( f) where the pilot, observer and others working with the sUAV will see the identific ation of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos.

10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privile ges and Limitations: Pilot in

Command.

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the UAS will not carry a pilot or passengers, the propo sed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a com mercial pilot’s license to operate this

small UAS. Unlike a conventional aircraft that carr ies the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are plan ned and coordinated in advance as set forth in the Manual. The level of safety provided b y the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of

the sUAS are so diminished from the level of risk a ssociated with commercial operations contemplated by Part 61 when drafted, th at allowing operations of the sUAS as requested with a private pilot as the PIC exceed s the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).14 C.F.R. §91.7(a): Civil aircraft airworthiness.

As there will be no airworthiness certificate issue d for the aircraft, should this exemption be granted, no FAA regulatory standard will exist f or determining airworthiness. Given the size of the aircraft and the requirements conta ined in the DJI Owner’s Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Man ual in the Aircraft.

Given its size and configuration, the UAS has no ab ility or place to carry such a flight manual on the aircraft, not only because there is n o pilot on board, but because there is no room or capacity to carry such an item on the ai rcraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of sa fety will be provided as set forth in DJI Phantom Owner’s manual along with the applicant ’s 25+ years of experience of law enforcement experience. The PIC will take all acti ons including reviewing weather, flight battery requirements, landing and takeoff di stances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction :

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through th e use of a control box that

communicates with the aircraft via radio communicat ions. The FAA has approved exemptions for flight training without fully functi onal dual controls for a number of aircraft and for flight instruction in experimental aircraft . See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with a ny route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitude s up to 400 AGL, an exemption may be needed to allow such operations. As set forth he rein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will howeverbe operated in a restricted area with security peri meter, where buildings and people will

not be exposed to operations without their pre-obta ined consent. The sUASs are equipped with telemetry back to the operator. Telem etry includes altitude, vertical and horizontal ground speed, direction and distance fro m operator. The equivalent level of safety will be achieved given the size, weight, spe ed of the UAS as well as the location where it is operated. No flight will be taken witho ut the permission of the property owner

or local officials. Because of the advance notice t o the property owner and participants in the filming activity, all affected individuals w ill be aware of the planned flight operations. Compared to flight operations with airc raft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lac k of flammable fuel, any risk associated with these operations is far less than t hose presently presented with conventional aircraft used in photography for Real Estate and Business. In addition, the low-altitude operations of the sUAS will ensure sep aration between these small-UAS operations and the operations of conventional aircr aft that must comply with Section

91.119.

14 C.F.R. §91.121 Altimeter Settings

The sUAS may not have a barometric altimeter, but i nstead a GPS altitude read out, an exemption may be needed. An equivalent level of saf ety will be achieved by the operator, pursuant to the Manual and Safety Check l ist, confirming the altitude of the

launch site shown on the GPS altitude indicator bef ore flight.

1 4 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The battery powering the sUAS provides approximatel y 25 minutes of powered flight. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer ti me frame for flight in daylight or night

VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §9 1.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Loc kheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Op erating the small UAS, in a tightly controlled area where only people and property owne rs or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) w as intended to alleviate given the size and speed of the small UAS. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 , and 10808.14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may o perate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certif icate. . . .

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this section or a special flight a uthorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to car ry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other e xceptions includes Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10 700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(a) & (b): Maintenance Inspections

Given these section only apply to aircraft with an airworthiness certificate, theses sections do not apply to this applicant. As a safet y precaution, operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight.

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publ ication is needed:

Applicant seeks an exemption from the following rul es: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F. R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a) ;91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or les s) in motion picture and television operations.

Approval of exemptions allowing commercial operatio ns of sUASs will enhance safety by reducing risk. Conventional aerial photography/v ideography operations use jet or piston powered aircraft. Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by bat teries eliminates virtually all of that risk given the reduced mass and lack of combus tible fuel carried on board. The

sUAS is carried to the film location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the ri sks associated with manned aircraft flights.The operation of small UASs, weighting less than 55 lbs., conducted in the strict

conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein, including exemp ting the applicant from the requirements of Part 21 and allowing commercial ope rations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and peop le.

Privacy

All photography/videography will be of people who h ave also consented to having their images captured or otherwise have agreed to be in t he area where photography/videography will take place.

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exempt ions allowing commercial operation of applicant’s UAS in the aerial photograpy/videograph y industry.

Respectfully submitted,

Christopher H. Trim

## Appendix A

DJI Battery Safety Documentation:http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_ Flight_Battery_Safety_Guidelines_en.pdf

DJI Phantom 3 Professional User Manual with pre-fli ght checklist and maintenance procedures:http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_User_Manual_v1.2_en.pdf

DJI’s Website resource to locate NO FLY ZONEs near your current location: http://www.dji.com/fly-safe/category-mc

Images of Actual DJI Phantom 3 PRO w/ controller an d Ipad Air