U. S. Department of Transportation August 27, 2015

Docket Management Sy stem 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).

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Snaproll Media LL C, developer and operator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped to conduct aerial photography for the motion picture and television industry

for scripted closed set filming, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established b y the FAA as required b y Section 333.

As described more full y below, the requested exemption would permit the operation of small , unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safet y enhancements to the alread y s afe operations in the film and television industry pr esentl y using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft s ys te ms in the national airspace s ys tem.” Section 333(c) of the Reform Act.
The name and address of the applicant is:

In finite Horizons Attn: Brad Clark Ph: 404

- 395

- 1711 Email: forgedfirefighter@gmail.com Address: 4254 B.Clark Rd., Gainesville, GA 30506Page Two

Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 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 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform A ct. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft s ys tems may operate safely

in the national airspace sy stem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In makin g this determination, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following:

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

Reform Act § 333 (a). Lastly , if the Secretary determines that such vehicles “may operate safel y in the national airspace sy stem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem.” Id. §33 3(c) (emphasis added) 1

. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authorit y by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, f rom the requirement that all civil aircraft must have a current airworthiness certificate

____________________________________________________________________________ 1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions forthe safe operation of the UAS, if it should be determined that the conditions set forth herein do

not fulfill the statutory

requirements for approval. Page Three

The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y s ections 44702

- 44716 of this title if the 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).

In finite Horizons’s sUASs are rotorcraft, weighting 55 or fewer lbs. including pay load. They operate, under normal conditions at a speed of no more than 50 knots an d have the capability to hover, and move in the vertical and horizontal plane simultaneously . They will operate onl y in line of sight and will operate onl y within the sterile area described in the Confidential Aerial photograph y and aerial cinematograph y Manual, attached as Exhibit 1 (hereinafter “the Manual”)3. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace s ys tem or the public.”

Given the small size of the sUASs involved and the restricted sterile environment within which they

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence 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 national security issue. Given the clear direction in Section 333 of the Reform Act, the authority

contained in th e Federal Aviation Act, as amended; the strong equivalent level of safet y surrounding the proposed operations, and the significant public benefit, including enhanced safety , reduction in environmental impacts, including reduced emissions associated with al lowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingl y, the applicant respectfull y requests that the FAA grant the requested exemption without delay

.

AI RCRAFT AND EQUIVALENT LEVEL O F SAFETY

The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safet y to operations under the current regulatory

structure because the proposed operations represent a safet y enhancement to the alread y s afe movie and television filming operations conducted with conventional aircraft.

These limitations and conditions to which In finite Horizons agrees to be bound when conducting commercial operations under an FAA issued exemption include:Page Four

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 flight will be 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 4. Flights w ill be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator. 6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class medical. The observer will hold at least a third class medical. 7. sUAS Pilot will be Pilot in Command (PI C). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 8. The UAS will only

operate within a confined “Sterile Area” as defined in the Manua l. Section H, I and J of the Manual requires the establishment of a “Securit y Perimeter” for the flight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s production activities. It will be mandat ory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10. The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the app ropriate Flight Standards District Office. 11. The operator will obtain the consent of all persons 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 feet based upon an equivalent level of safety determination, as required by Section K of the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be approved. 12. The operator will submit a written Plan of Activities to the FSDO three day s before the proposed shoot as required in Section K of the Manual. 13. Pilot and observer will have been trained in operation of UAS generally and received
up

- to

- date information on the particular UAS to be operated as required Sect ions M and N of the Manual. 14. Observer and pilot will at all times be able to communicate by voice and/or text. 15. Written and/or oral permission from the relevant propert y holders will be obtained. 16. All required permissions and permits will be obt ained from territorial, state, count y or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- de termined location within the Security Perimeter and land. 18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.Page Five

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required b y FAR §91.203 (a) (1) . Given the size and limited operating area associated with the aircraft to be utilized by

the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Fed eral Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. 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 out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safet y requirements, to provide securit y for the area of operation as is now done with conventional filming. The FAA will have adva nce notice of all operations. These safet y enhancements, which alread y appl y to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safet y to the public and propert y owners than conventional ope rations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates that there is no credible threat to national securit y posed by the UAS, due to its size, speed of operatio n, 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 The regulation requires: When marks include only the Roman capital le tter "N" and the registration number is display ed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or p ilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word Page Six

“Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be i mpossible. The word “Experimental” will be placed on th e fuselage in compliance with §45.29 (f).

The equivalent level of safet y will be provided b y having the sUAV marked on its fuselage as required b y §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification 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 Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations b y requiring the PI C o perating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries 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 planned and coordinated in advance as set forth in the Manual. The level of safet y provided b y the requirements included in the Manual exceeds that provided b y 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 associated with commercial operations contemplated by Part 61 when drafted, that allow ing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safet y achieved b y 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the air craft and the requirements contained in the Manual for maintenance and use of safety

check lists prior to each flight, as set forth in Sections J, Land Q, an equivalent level of safety

will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may

operate a U.S.

- registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this cha

pter, unless there is available in the aircraft a current approvedairplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. Page Eight

The equivalent level of safet y will be achieved given the siz e, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in Section K of the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flamma ble fuel, any

risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL in the movie industry . In addition, the low

- altitude operations of the sUAS will ensure separation between these small

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude b y refere nce to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safet y will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first p oint of intended landing, and, assuming normal cruising speed

– (1) During the day , to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery

powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately

10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations withi n a predetermined area, a longer time frame for flight in day light or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Mart in Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightl y controlled area where onl y people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes o f reserve fuel, does not engender the ty pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting sUAS flights to 10 minutes would greatl y reduce the utility for which the exemption will be granted.Applicant believes that an equivalent level of safety can be achieved b y limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more

. Page Nine

than adequate to return the sUAS to its planned landing zone from an yw here in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carry ing Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . . (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passenge rs 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 carry certification and registration documents or to display them on the sUAS.

An equivalent level of saf ety will be achieved by

keeping 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 re presentative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual.(See Sections Land Q) An equivalent level of safet y will be achieved because these small UASs are very

limited in size and will carry a small pay load and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operatorwill ensure that the UAS is in work ing order prior to initiating flight, perform required

maintenance, and keep a log of an y m aintenance performed. Moreover, the operator is the person most Page Ten

familiar with the aircraft and best suited to maintain the aircraft in an airworthy con dition to provide the equivalent level of safet y.

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

Applicant seeks an exemption from the following rules:

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 less) in aerial photograph y and aerial cinematograph y

. Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safet y b y reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (1 40 gallons for jet helic opters ). Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered b y batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 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 equivalent level of safet y supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight ai rcraft 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 people.

Privacy All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.

S atisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operationwithin visual line of sight and national security

– provide more than adequate justification for the

grant of the requested exemptions allowing commercial operation of applicant’s UAS in the aerial photograph y and aerial cinematograph y industry

. Page Eleven

Sincerel y,

Brad Clark In finite Horizons Owner