Verité Studios, Inc 708 Westmont Road, Santa Barbara, CA 93108 timothy@veritestudios.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington, D.C. 20590

RE: Petition for Exemption Under Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012, public 112-95 Feb. 14, 2012, Section 333

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization Act of 2012 and 14 CFR Part 11, Verité Studios, Inc, operator of small Unmanned Aircraft Systems (UAS) for aerial videography and photography services, hereby applies for an Exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operations of its UAS, so long as such operations are conducted within and under the conditions and limitations outlined herein or as may be established by the FAA as required by Section 333.

These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure specifically, a safety enhancement to aerial imagery and videography conducted by manned aviation operations. The use of UAS for aerial imagery and videography by Verité Studios reduces the need for personnel to use manned aircraft activities to perform the same function. Therefore, it is in the best interest of the public for the FAA to approve the requested exemptions. Verité Studios utilizes UASs primarily for videography purposes in corporate, institutional, and entertainment media including promotional, commercial, and documentary films, although it may be used as well as other cinematography uses such as television, agriculture, surveys, or real estate

.

Sincerely,

Tim Eaton

President/Owner Verité Studios, IncApplicant Name and Address
Verité Studios Inc

c/o Tim Eaton 708 Westmont Road, Santa Barbara, CA 93108 timothy@veritestudios.com

Regulations from which the exemption is requested: 14 CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409,

14 CFR 417

UASs operated by Verité Studios, Inc weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally. Verité Studios, Inc will only operate its UASs in line of sight below 400 feet AGL and will operate under the operational control of (at minimum) an FAA certified private pilot while maintaining a safety observer. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of Verité Studios, Inc’s UASs and the safety considerations proposed in this petition, Verité Studios, Inc’s UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of the UASs and the proposed use in which they will operate, approval of this application presents no national security issues. Based on the level of safety surrounding the proposed operations, and the significant public benefit: Marketing and commercial videography, public awareness, reduction in environmental impacts by reduced emissions and noise, as well as an increase in revenue to the local economy through real estate development. The grant of the requested exemption is in the public interest. Our exemption request is, we feel, similar in all pertinent respects to the following requests which the FAA had granted: Nos. 11062 (FAA

− 2014

− 0352), 11109 (FAA

− 2014

− 0507), 11112 (FAA

− 2014

− 0382), 11213 (FAA

− 2014

− 0642), and 12645 (FAA-2014-0804). Accordingly, Verité Studios, Inc respectfully requests that the FAA grant the requested exemption.

The following links provide details on the specific UAS model that Verité Studios plans to operate including specs. Verité Studios abides by all manufacturers guidelines which are also located at the following links:

Inspire-1: http://www.dji.com/product/inspire-1Aircraft And Equivalent Level Of Safety The operating limitations proposed by Verité Studios provide for at least an equivalent or higher level of safety because operations further enhance safety of commercial, movie, and television filming using conventional aircraft.

Verité Studios’ Proposed limitations and conditions include: • The UASs will weigh less than 55 pounds. • Flights will be operated within line of sight of a pilot and/or observer. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 2 5% battery power reserve should that occur prior to the 30 minute limit. • Flights will be operated at an altitude of no more than 400 feet AGL. • Minimum crew for each operation will consist of the UAS Pilot, and a visual observer. • An FAA licensed airman with at least a private pilot’s certificate and third class medical will oversee all flight operations to ensure the highest degree of safety. • All UAS Pilots will undergo in-house training before operating any UAS for commercial use. This will include situational awareness training, airspace education, and proper operation of the proposed UAS. • A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel involved in the operations are required to attend. • The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 50 feet of the flight operation.

• All required permissions and permits will be obtained from territorial, state, county, or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. • If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location and land. The location will be clear of all persons or property during the duration of the flight. • The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. • The UASs will operate on the following frequencies, which are all FCC compliant and do not require specific licenses when transmit power is limited to 1 watt: 902 to 928 MHz, 2.400 to 2.4835 GHz, and 5.725 to 5.875 GHz.

• The UASs will not operate within 5 nautical miles of towered airports or 2 miles of nontowered airports.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates Given the size and limited operating area associated with the UASs to be utilized by Verité Studios, this 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 the UASs 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 UASs. In all cases, an analysis of these criteria demonstrates that a UAS operated without an airworthiness certificate, in a 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.

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitation: Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve an equivalent level of safety of current operations by requiring all operations to be supervised by (at minimum) an individual holding private pilot’s license rather than requiring that individual to hold a commercial pilot’s license to operate a small UAS. Unlike conventional manned aircraft, a ground-based operator remotely controls a UAS. The operational area is limited, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are far lower from those associated with commercial operations contemplated by Part 61. Allowing operational control of a UAS by a private pilot exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, airspace, NOTAMS, TFRs flight battery requirements, landing and takeoff distances, and performance data before commencement of flight. Additionally all UAS will be checked for security of attached components prior to every flight.

14 C.F.R. § 91.109: Flight Instruction Section 91.109 states, “No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” The proposed UASs will be operated utilizing an autopilot to maintain controlled flight, and all UASs are programmed to return to a level attitude and hover when the controls are returned to a neutral position. Because of these built in safety features, dual control is not necessary in order to maintain an equivalent level of safety proposed by section 91.109 during training. All training will be conducted in a controlled environment as to not cause undue harm or damage to persons
or property.14 C.F.R. §91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

Because Verité Studios, Inc requests authority to operate at altitudes only up to 400 AGL, an exemption is needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. All affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed UAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings Section 91.121 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 a UAS may not have a barometric altimeter, but instead reference a GPS altitude, an exemption is needed. The operator will achieve an equivalent level of safety, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151: Fuel Requirements for Flight in VFR Condition 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 cruising speed – (1) During the day, to fly after that for at least 30 minutes. . . .”

The battery powering the proposed UASs provides approximately 30 minutes of powered flight. Therefore the UAS cannot meet the 30-minute reserve requirement in 14 CFR §91.151. In lieu of this requirement the UAS flights will be terminated at approximately 25% remaining battery life or better. Verité Studios, Inc believes that an equivalent level of safety can be achieved by limiting flights to 25% of battery power, this restriction would be more than adequate to return the UAS to its pre-determined landing zone from anywhere in its limited operating range.

Verité Studios, Inc is not seeking an exemption for night-time UAS operations.14 C.F.R. §91.405: 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Verité Studios operations.

Maintenance will be accomplished by the operator in accordance with the manufacturers recommended procedures (attached). An equivalent level of safety will be achieved because the UASs are limited in size, will carry a small payload and operate only for limited periods of time. A preflight inspection will be performed prior to every flight to ensure no mechanical issues are present. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to flight, and perform any required maintenance. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition

14 C.F.R. §91.407: Operation after Maintenance Functional check flights will be conducted away from people or property after any maintenance has been accomplished on the UAS. The UAS may be returned to service once it has been determined safe for flight.

14 C.F.R. §91.409: Inspections Due to the small size of the UASs that will be operated by Verité Studios, Inc and limited components, we request that the UASs be exempt from regularly scheduled inspections. To meet an equivalent level of safety sought by 14CFR 91.409, all UASs will be thoroughly inspected prior to flight. Since the UASs will have limited components, a thorough inspection can be accomplished before each flight, eliminating the need for periodic, time based, or flight-hour based inspection cycles.

14 C.F.R. §91.417: Maintenance Records As previously described, the UASs proposed size and use significantly limits the amount of maintenance required. The UASs that will be operated by Verité Studios, Inc are designed by the manufacturer for the average hobbyist to purchase and fly with minimal assembly, regular preventative maintenance is limited to security of attached components and proper storage of, and charging of batteries. As such, Verité Studios, Inc requests an exemption from maintaining maintenance records as prescribed by 14 CFR 91.417. However, in order to operate as safely as possible, Verité Studios, Inc will keep a running log of all maintenance performed on each UAS, and any anomalies noted during operation in order to diagnose and prevent problems with the

UAS.Summary for Publication 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:

Verité Studios, Inc seeks an exemption from the following rules: 14 CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121,14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417 to operate commercially small unmanned vehicles (55 pounds or less) for aerial photography and video for the commercial video, motion picture, and television industry.

As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in the real estate and film industry will enhance safety by reducing risk. Conventional film operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh thousands of pounds, and carry large amounts of fuel. Such aircraft must also fly to and from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries virtually eliminates all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a film location. The UAS carries no passengers or crew, therefore will not expose anyone to the risks associated with manned flights. The operation of UASs conducted in accordance with this request will provide an equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close to the ground, and within a limited range. As a result, they are far safer than conventional operations conducted with turbine helicopters carrying fuel and flying near the ground and people.

Satisfaction 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 operation within visual line of sight and national security) provide more than adequate justification to grant Verité Studios, Inc’ s requested exemption, allowing for Verité Studios, Inc’s UAS commercial operations for the real estate, motion picture and television industry.

Sincerely,

Tim Eaton, President/Owner Verité Studios, Inc.