Sabrina Natalia Casas

Sabrina Casas Studio 26527 Marble Point Ln, Katy, TX, 77494

October 17, 2015
U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

**Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal**  **Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14**  **CFR 91.20 3 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR**  **91.417(a) and (b)**

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, **Sabrina Natalia Casas and E**  **milio Fernando Castro**, owners of **Sabrina Casas Studio**, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are conducted within and under the conditions outli ned herein or as m a y be established by the FAA as required by Section 333, for all operators of small Unmanned Aerial Systems (UAS) working for Sabrina Casas Studio

. Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner:
1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.
2. Aerial video and/or photography for public and/or private use including television, public events, and cinematography.
3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.
4. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation.
As described fully below, the requested exem ption would permit the operation of small UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventiona l 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 safeoperation of such aircraft systems in the national ai rspace system."

The name, phone, email and address of the applicant: Name: Sabrina Casas Studio and Emilio Fernando Castro Phone: (281) 665 3868 Email: photo@sabrinacasasstudio.com Address: 26527 Marble Point Ln, Katy, TX 77494
Regulations from which th e exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The small UAS's we will be using are multi

- rotor craft weighing no more than 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the abi lity hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted persons only obeying all other local and federal laws.

**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:
1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight t ime for e ach operational flight will be 2 0 minutes. Flights will be terminated at 2 0 % battery power reserve or 20 minutes of flight time whichever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) an d not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC) and the Visual Observer (VO) , who will also act as Camera Operator. 6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting of all the days' production activities. 7. The PIC will obtain verbal/written consent of all persons involved with the planned operationand ensure that only consenting persons will be allowed within 3 0 feet of the flight operation

.

8. The PIC and VO will have been trained in operation of small UAS and receive up

-to

- date information for the particular small UAS to be operated as per the guidelines of the manufacturer. 9. The PIC and VO will be able to co mmunicate by voice at all times. 10. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre

- determined location within a designated location and land autonomously. 1 1 . The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.
**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 by 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 safety under Part 11 and Section 333 of the Reform Act. The Federal 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 small UAS. In all cases, an analysis of these criteria demonstrates that the small 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 certificat e without the restri ctions and conditions proposed.
The small UAS 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 and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements.
These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the small UAS, 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**  The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

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

-sport," "experimental," or "provisi onal," as applicable.
Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word " Experimental " can be placed. Given the siz e of the small UAS, 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 small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of the small UAS as" Experimental "

**14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.** Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore we are seeking an exempti on to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial act ivities outlined in 14 CFR 61. We feel the operation and limitations set forth in the FOM will equate to the safe operation of the small UAS.
**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 aircraft for maintenance and use of safety checkl ists prior to each flight 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 A irplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. T he small UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalen t level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the small UAS will have immediate access to it.
**14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to ta ke certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The operator and/or PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
**14 C.F.R. §91.109: Flight Instruction.** Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that i s being used for flight instruction unless that aircraft has fully functioning dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. 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 operation 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 any route or altitudes prescribed for helicopters by the FAA. As this exemptionis for a small UAS th at is a helicopter and the exemption requests authority to operate at altitudes up to

400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be n eeded to allow such operations.

As set forth herein, the sma ll UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area where buildings and people will not be exposed to operations without their pre

-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken without the permission of the pro perty owner or local officials.
Because of the advance notice to the property owner and participants in the filming activity, all affected ind ividuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or be low 500 AGL. In addition, the low

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

- UAS operations and the operations of conventional aircraft t hat 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 by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 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 point of intended landing, and, assuming normal crui sing speed

- (1) During the day, to fly after that for at least 30 minutes; or {2} At night, to fly after that for at least 45 minutes. " The battery powering the small UAS provides approximately 20 to 30 minutes of powered flight. To meet the 30 minute res erve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length or less

. Given the limitations on the small UAS's proposed flight area and the location of its proposed operations within a predetermined area, a l onger time frame for flight in daylight or twilight VFR conditions is reasonable.
Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only peop le and property owners 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) was intended to alleviate given the size and speed of the smal l UAS. Additionally, limiting small UAS flights to 10 minutes or less would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 2 0 minutes or 2 0 % of battery power

- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.**14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification an d 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 opera te a civil aircraft unless the airworthiness certificate required by 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 passengers or crew.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the small UAS. An equivalent level of safety will be achi eved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS.
**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Mainten ance 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 dis crepancies 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 apply 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. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual. As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating fligh t and perform required maintenance needed.

**Small UAS Information** Small UAS's to be used are as follows but not limited to providing they are within the scope of the exemption granted by the FAA: **DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 UASs.**

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2, DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors**Conclusion**

Given the small size of the small UAS and the controlled environment provided , the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surro unding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.
Thank you for the consideration of these exemptions.

Sincerely, Sabrina Natalia Casas & Emilio Fernando Castro Owner I Operators Sabrina Casas Studio