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U.S. Department of Transportation, Docket

. Operations We st Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE., W ashington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 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, Scott Jolley Production Services, a videography and video

production for the agricultural industry and film production industry, hereby applies for an exemption from the listed Federal Aviatio n Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1 As described more fully below. The requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited to relatively remote ag ricultural areas; 2) predetermined; 3) controlled as to access; and 4) would provide safety, environmental and fuel usage enhancements to the already safe operations of conventional aircraft that otherwise may be used in filming agricultural operations. Ap proval 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 systems in the national airspace system.” Section 333(c) of the Reform Act.
**BA CKGROUND**  Scott Jolley Production Services is a professional videography and video

- production company. It primarily utilizes boom mounted cameras and Steadicams for its videography work. However, because of the nature of its work in the agricultural industry, particularly in working with farming equipment, it proposes to utilize sUAV’s asPage **2** of **15**

an enhancement to its services. To show farming equipment in operation, the locations of the actual videography are remote rural areas . sUAV’s are well suited for this type of operation because that are light and easy to get in and out of remote areas, are battery powered and do not require flammable fuels or any kind, and operate at low altitudes and low speeds. Applicant will be work ing with agricultural manufacturers to conduct research and product development. The results of the research will improve agricultural efficiency and lower the environmental impact of agricultural operations, including preserving the quality of air and water. Scott Jolley Production Services utilizes DJI Inspire 1’s for as it’s sUAV’s. These craft employ the latest safety features, weigh less than 7 pounds, and are programmed not to exceed the FFA’s proposed guidelines regarding drone operations. These sUAV’s do not carry cargos or products. The camera used for video imaging is integral to the sUAV. Among the safety features of the sUAV is a fail

- safe return to home system such that if a specified battery level is reached or the controller signal is lost , the sUAV automatically returns to its home starting position by use of GPS navigation. The sUAV operator, Scott Jolley, has over 3 years of experience with sUAV ’s and over 500 hours of flight time with no incidences of endangering public safety or prop erty or creating any hazard to the national airspace. He has accumulated this experience as a hobby/recreational drone operator. He has also worked to become familiar with the methods and practices for safe drone operation in rural environments. He has taken and completed a day long instructional course offered by the sUAV manufacturer in the safe operation of sUAV’s. The name and address of the applicant is: Scott Jolley Production Services LLC, Scott Jolley, Ph:816

- 686

- 3851 Email:scott@sjps.tv Address: 610 E. 30th St. Kansas City, MO, 64109. The conditions proposed by the applicant are drawn from Exemption No. 11138, In the matter of the petition of DOUGLAS TRUDEAU, REALTOR, Regulatory Docket No. FAA

2014

- 0481 and from the Notice of Proposed Rulemaking, FAA Docket Number FAA

2015

- 0150. Regulations from which the exemption is requested: 14 CFR Part 21 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)Page **3** of **15**

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 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 making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and operational capability; • 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 safely in the nation al airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)2 . The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. Th is statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. Applicant interprets th is 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 for the safe operation of the sUAS, if it should be determined that the conditions set fort h herein do not fulfill the statutory requirements for approval. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 ofPage **4** of **15**

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). Scott Jolley Production Services LLC’s sUAS’s are rotorcraft, weighting 7 or fewer pounds, including payload. They are battery powered and have a maximum flight time of 18 minutes under ideal conditions. 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 plane simultaneously. The y will operate only in line of sight and will operate in rural agricultural settings. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” Given the small size of the sUASs involved an d the remote 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 sUASs to commence immediately. Also due to the size of the UASs and the remote 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 Refo rm Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for filming operations, in addition to the importance research in regards to limiting agricultural pollution and improving agricultural efficiency, the grant of the requested exemptions is in the public inte rest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. Petitioner’s Proposed Flight Guidelines 1) Operations authorized by this grant of exemption will be limited to the following aircraft descri bed in the operating documents which is a quad

- rotor aircraft weighing less than 7 pounds: DJI Inspire 1 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 3) The UA must be operated at an altitude of no more than 200 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL. 4) The UA must be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses.Page **5** of **15**

5) All operations must utili ze a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to comm unicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if he petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All mainten ance and alterations must be properly documented in the aircraft records. 8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flig ht. The PIC who conducts the functional test flight must make an entry in the aircraft records. 9) The pre

-flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable components, items, or equipment, not al ready covered in the relevant sections of the operating documents. 10) The operator must follow the UAS manufacturer’s aircraft/component, maintenance,Page **6** of **15**

overhaul, replacement, inspection, and life limit requirements. 11) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 12) Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 13) The authorized person must make an entry in the a ircraft record of the corrective action taken against discrepancies discovered between inspections. 14) UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a current third

- class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 15) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under this grant of exemption to accomplish the required flight time. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 16) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), the PIC must have accumulated and logged, in a manner consiste nt with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations under the exemption; 5 hours make and model time may be included in the 10 hours of multi

- rotor time prescribed above. The PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). Training, proficiency, experience

- building, and take

- off and landing currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. However, said training operations may only be conducted during dedicatedPage **7** of **15**

training sessions. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 17) The operator may not permit the PIC to operate the UAS for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 18) UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations must be conducted under visual meteorological conditions (VMC). 19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart. 20) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 21) If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 23) The PIC is prohibited from beginning a flight unless (considering wind and forecast wea ther conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% battery power remaining. 24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 25) All ai rcraft operated in accordance with this exemption must be identified by serialPage **8** of **15**

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as pra cticable. 26) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 27) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon reque st. 28) The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29) The UAS may not be operated by the PIC from any moving device or vehicle. 30) The UAS may be operated only over un populated agricultural areas. 31) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating perso ns from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fli ght operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32) All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.Page **9** of **15**

33) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: www.ntsb.gov

.

**REQUESTED EXEMPTIONS** 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 UAS. In all cases, an analysis of these criteri a 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 airwort hiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 7 lbs. fully loaded, carries neither a pilot nor passenger, carries no property, carries no explosive materials or flammable liquid fuels, a nd operates exclusively within a remote secured 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 requireme nts, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, 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 sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry any internal or external load. **14 CFR Part 61:**  **Ai rman Certificates. These regulations require the PIC to have an**  **airman certificate. However, the FAA has acknowledged that many**  **of the requirements for private and commercial pilots are not necessary**  **for the**Page **10** of **15**

**operation of sUA S’s.**  **Notice of Pr oposed Rulemaking,**  **Docket No. FAA -** **2015 -**  **150, Notice No. 15**  **- 01 at 96. The FAA**  **specifically**

**stated:** The FAA considered proposing to require an individual to obtain a commercial pilot certificate with a UAS type endorsement before operating a small UAS. Issuance of such a certificate would require that the applicant obtain a Class II airman medical certificate, pass an aeronautical knowledge test, and demonstrate flight proficiency and aeronautical experience with a certificated flight instructor. However , given the lower level of public risk posed by small UAS operations, the FAA decided that imposing such requirements would be unduly burdensome to small UAS operators. ... [T]he FAA believes that the training, testing, proficiency and experience requirements for obtaining a commercial pilot license have limited relevance to the nature of small UAS operations...
Id. at 97. An equivalent level of safety is provided by the very nature of the operations proposed herein. The activity of the sUAS is to be limited to videography of agricultural operations that are conducted in remote rural areas. The areas in which the videography is to be performed are by their very nature far distant from any commercial or private flight operations and from any buildings or othe r structures that can be damaged by the sUAS activity. The sUAS applicant proposes to utilize meets the criteria of Public Law 112

- 95, Sec. 336, which defines a model aircraft for the purposes of the regulations with the exception of the criteria that the sUAS is to be used as an aid to commercial videography of agricultural operations. In other words, were applicant to operate the sUAS for purely recreational purposes, he would not be required to obtain any airman certificate. The subject sUAS does not carry any passengers, cargo or any other property. The operations proposed herein are, indeed, conducted with greater safety than the hundreds, if not thousands, of sUAV’s flow daily by hobbyists over populated urban areas is proximity to major airports. Furthermore, Applicant has not been engaged to operate an sUAS. He has been engaged to film agricultural operations. The operation of an sUAS is only ancillary to that engagement. Finally, Applicant has completed a day long instructional course offered by the sUAS manufacturer on the safe operation of the sUAS. 14 CFR 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 certifi cate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of thePage **11** of **15**

aircraft and the requirements contained in its User Guide for maintenance and use of safety check lis ts 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 Airp lane 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.
The sUAS, 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 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, 32827,10700 and 11138. 14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take 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 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 is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS’s and remotely p iloted 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 w ithout fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.11138, 5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot, cargo 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 t he minimums prescribed, provided the person operating the helicopter complies with any 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 altitud es up to 200 AGL, As set forth herein, except for the limited conditions stated in the User Manual, the sUAS will never operate at higher than 200 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people wil lPage **12** of **15**

not be exposed to operations without their pre

- obtained consent. In fact, Petitioner proposes to operate the sUAS only in remote rural areas to assist in filming agricultural operations. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, al l affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 7lbs. proposed herein and the lack of flammable fuel, any risk associated with these operat ions is far less than those presently 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 operation s 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 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 sUAS 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 o perator, 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 ind ividual 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) Applicant believe s that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)); Exemption 11138 allowing Douglas Trudeau to operate without compliance with CFR §91.151(a). Operating the small UAS, in a tightly controlled area rural area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 18 minutes of maximum flight time, d oes not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 25% of battery power. Furthermore, t he sUAS is equipped with a failsafe low battery return to home feature. If the operator does not take action within 10 seconds of the activation of the low battery indicator, the sUAS will automatically return to home. This restriction would be morePage **13** of **15**

than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and 11138. 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 cert ificate. . . . (b) No person may operate 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 legi ble to passengers or crew. The UAS fully loaded weighs no more than 7 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 safety 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 representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 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 ope rator 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 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 as referenced in the Manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and operate only in restricted rural areas for limited perio ds of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 200 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required ma intenance, and keep a log of any maintenance performed. 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.
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. §§ 61.11 3( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121;Page **14** of **15**

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 motion picture and television operations. Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes j ust 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 (140 gallons for jet helicop ters shown below). Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. Th e 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 safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. 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 people. Privacy All flights wi ll 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. In supp ort of this application, Applicant is enclosing the following documents that are incorporated by reference herein as if fully set forth;
Exhibit A: DJI Inspire 1 User Manual Exhibit B: DJI Inspire 1 Maintenance Manual Exhibit C DJI Inspire 1 Safety Guidelines Exhibit D DJI inspire 1 Intelligent Flight Battery Safety Guidelines Exhibit E DJI Inspire 1 Quick Start Guide

For the resaons set forth herein, Applicant submits that the requested exemptions should be granted.Page **15** of **15** Respectfully Submitted:

Scott Jolley Scott Jolley Production Services , LLC 606 East 30 th Street Kansas City, Missouri 64109 (816) 686

- 3851 E

- Mail: scott@sjps.tv