# Rupprecht Law P. A.

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

July 11 , 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.7(a), 91.119(c); 91.121; 91.151(a)(1); 91.405(a) ; 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

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, Helivate Films, L.C. , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UA.



### T ABLE OF 

### C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 3

II. PETITIONER’S CONTACT INFO:

................................ ................................ ................................ ...... 4
III. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM

........ 4

VI. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING

................................ .......................... 4

IV. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY

.................... 9

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ............. 9

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

...... 10

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ......... 10

D. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

................................ ................................ ............ 112

E. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ .......................... 12

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

................................ ..... 12

G. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............. 12

V. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

........ 13
VII. THE PETITIONER REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

................................ ................................ .. 14

VIII. FEDERAL REGISTER SUMMARY

................................ ................................ .............................. 15

IX. OPERATING DOCUMENTS

................................ ................................ ................................ ............ 16

X. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................. 16

XI. CONCLUSION

................................ ................................ ................................ ................................ ... 173

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown :

o DJI Inspire (Previously granted in Exemption No. 11607)

o DJI S1000 (Previously granted in Exemption No. 11970)

o Freefly Systems Alta

 The operations will be for:

o Aerial data collection, 1 and

o Closed

- set film/television production.

 The petitioner will operate ALL the aircraft under the restrictions listed below and those in the flight operations and procedures manual which w ill be confidentially submitted.

 P etitioner will operate :

o T he Freefly Systems Alta

 U nder the aircraft flight manual that will be confidentially submitted.

o The DJI S1000 under the:

 S1000 Manual http://www.dji.com/product/spreading

- wings

- s1000/download

 A2 Flight Controller Manual http://download.dji

innovations.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

o The DJI Inspire under the:

 Quick Start Guide http://download.dji

innovations.co m/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_en.zip

 User Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_ Manual_v1.2_en.zip

 Safety Guidelines http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.zip

 Maintenance M anual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_e n.zip

 The MPTOM will be confidentially submitted.

 The Petitioner is proposing to operate under the restrictions listed in Exemption # 11284 , listed in a section below, which will provide an equivalent level of safety as the burdensome regulations.

1 “ Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exe mption No. 114824

II

. PETITIONER ’ S CONTACT INFO: Helivate Films, L.C. Zac Eskelsen 1556 South 320 East, Orem

, U tah 84058

Legal Counsel for Petitioner Rupprecht Law, P.A. Jonathan Rupprecht 324 Datura Street, Suite 200, West Palm Beach, Florida 33401 jon@jrupprechtlaw.com

III

. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

VI. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING

The Petitioner proposes these restrictions and believes that t hese limitations provide an equivalent level of safety, if not greater , as the regulations presently imposed upon the Petitioner. Each of the regulations above will be talked about in greater detail in another section in this petition.

These limitations and conditions are identical to Exemption # 11284 except for the difference in

aircraft

. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the DJI S1000, DJI Inspire 1, and the Freefly Systems Alta when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.5

2. Operations for the purpose of closed

- set motion picture and television filming are permitted. 3. The UA may no t be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater tha n the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. 6. All operations mu st utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and 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 communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensu re that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents 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 outli ned 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 or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for exte nsion 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 an amendment to its grant of exemption. The FAA’s UA S Integration Office (AFS

80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The fun ctional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.6

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to eac h flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection revea ls a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bu lletins. 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. 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 certific ate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates 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 maintaini ng appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, p roficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. 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). Flights under special visual flight ru les (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol a s denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with7

the airport management must be m ade available to the Administrator or any law enforcement official upon request. 17. 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.
18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined location within the private or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohi bited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended b y the manufacturer if greater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N Nu mber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 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 aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all man ned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device or vehicle. 26. All 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 persons 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 sit uation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.8

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permissio n from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the a pplicable 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 Web site: www.ntsb.gov. For the purpose of cl osed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator ha s obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and
h . A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations may be conducted closer tha n 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.9

Helivate Films, L.C. ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They will operate only within VLOS and only within the restrictions above and inside the submitted manual s

. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." 2

Given the small size of the UA involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envis ioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also

, due to the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application presents no national security issu e.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety wi ll be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Also, given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

I V

. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

The reason why t he Petitioner is seeking relief from 61.23(a) & (c) is because E xemption #

11221

, # 11284, and many others have determined that a U.S. driver’s license being used in lieu of a
medical certificate provides an equivalent level of safety as sub

- section s (a ) and (c).

Therefore, since the proposed restrictions have already been determined by the FAA to provide an equivalent level of safety, t he Petitioner is seeking the same exact restrictions as other previously granted exemptions to allow for commercial oper ations using at a minimum either a third

cl ass medical or a driver’s license with an airman certificate

.

2 Reform Act Section 333(b).10

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitation s; 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315(a): Sport Pilot Limitations

. The reason for this petition is that t he regulations applying to these three pilot certificates all

limit the commercial activities of th e pilots; thus, commercial activities would be almost completely prohibit ed leaving the only alternative to be the pilots obtaining an extremely burdensome

alternative of a commercial pilot certificate.

Regarding private pilots, sub

- section 61.113(a) limit s private pilots to non

- commercial operations; “[h]owever, in Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating . . . [a] UAS would not adversely affect operations in the NA S or present a hazard to persons or property on the ground” by co nducting commercial operations. “[M]anned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for” commercial drone operations. Additionally, in Exemption # 11221, # 11284, and many others the FAA has declared that requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot certificate ” provides an equivalent level of safety as the reg ulations

. Since the FAA has numerously determined that a minimum of a sport pilot certificate be required for commercial UA operations, Helivate Films, L.C. is asking for the PIC to be required to

have at a minimum a sport pilot certificate when c onducting commercial operations. This requirement also alleviates any security concerns as the TSA would have already done a background check on the individual possessing the pilot certificate.

C. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthiness.

The reason the P etitioner is request ing relief from this regulation is because the FAA does not

need to issue an airworthiness certificate for this unmanned aircraft and the requirements contained

in the submitted manual s will be sufficient for determining th e airworthiness of the aircraft.

T he restrictions already agreed to will require the PIC to conduct a pre

- flight ch eck to determine airworthiness and the operator to be “responsible for maintaining and inspecting the UAS11

to ensure that it is in a condition for safe operation.” The submitted manuals along with the restrictions obligating the PIC and operator to check and ensure the UA will provide “sufficient means for determining an airworthy condition in accordance with § 91.7(a).” Clayco Exemption No.

1110 9 at 13. Therefore, the Petitioner seeks relief to operate under the proposed restrictions and the

submitted manual s

.

D. 14 C.F.R. § 91.119 (c) : Minimum Safe Altitudes

Section 91.119, sub

- s ection (c) requires the petitioner to operate at “ [a] n 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. ” This regulation is burdensome because it would require the Pet itioner to opera te at 500ft above the ground f or many operations . This i s a burdensome problem because many of the objects that need photographing will

all be at least 500ft away.

The Petitioner proposes to operate within the restrictions given in the Clayco Exemption

which the FAA has previously determined will provid e an equivalent level of safety

. “ [A] ll persons not essential to flight operat ions (nonparticipating persons) must remain at appropriate distances. In open areas this req uires the UA to remain 500 feet from all persons other than essential flight personnel (i.e. the PIC and VO).

. . . If barriers or structures are present that can sufficiently protect nonparticipating persons from debris in the event of an accident then th e UA may operate closer than 500 feet to pe rsons afforded such protection. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where nonparticipating persons leave such

pro tection and are within 500 feet of the UA, flight operations must cease immediately.

. . . [O] perations may be conducted c loser than 500 feet to vessels, vehicles and structures when the land owner/controller gra nts such permission and the PIC makes a safe ty assessment of the risk of operating closer to those objects. ” Clayco Exemption No. 11109 at 15.12

E. 14 C.F.R. § 91.121: Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimet er that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure." Many UA do not have an altimeter but use GPS to determine height.

An equivalent level of safety will be achieved by the operator, pursuant to following the

submitted manual s and operating under the proposed restriction

. Furthermore, the Clayco petition and many other petitions have been granted allowing GPS to be used in lieu of an altimeter.

F. 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) t here 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; or (2) At night, to fly after that for at least 45 minutes." Most unmanned aircraft

cann ot fly longer than 30 minutes ; therefore, most would always be violating this regulation if they took

off.

The Petitioner believes that an equivalent level of safety can be achieved by restricting operations to “the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. ” Exemption # 11284 , at page 5

.
G. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections
These regulations re quire 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 p art 43 of this chapter" 3 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 the applicant.

3 14 C.F.R. § 91.405(a).13

An equiv alent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. 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. Lastly, the petitioner will operate in

accordance with the submitted manual s which will provide an equivalent level of safety as the

burdensome regulations.

V

. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

The Petitioner intends to produce picture and video content . If the petitioner does not have the option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by usi ng manned aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on

board the UA and due to the small size of the UA, there is less risk pos ed to the public on the ground in

case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only

one engine; thus, there is some motor redundancy for some UA in case of a motor malfunction.

M anned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the

pu blic as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.

In addition to the noise pollution reduction

, engine or turbine powered aircraft produce exhaust

which affects the environment while the UA of the petitioner are electric and do not produce any

emission. The byproduct of 100LL emissions is lead entering the air the public breaths while electric motors produce none. The environment and the public are benefited by the use of UA.

UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, there is less chance o f individuals being injured from an explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage in the case of a crash than the “ grenad ing” that typically happens during a manned helicopter

crash.14

Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits

because the danger of a mid

- air collis ion is lessened.

V II. THE PETITIONER REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.
§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c ) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, the Petitioner has good cause to request the FAA to waive the comment period and not delay action on the petition because:

(a) Helivate Films, L.C. would not set any precedent. He livate Films, L.C. agrees to the SAME

exact limitations as Exemption # 11284. Furthermore, the DJI S1000 and DJI Inspire ha ve already been evaluated under previous petitions

. Lastly, the Freefly Systems Alta is operationally and structurally analogous to the DJI S900 which has been previously reviewed in other granted petitions.

(b) Helivate Films, L.C. agrees to the SAME exact limitations as Exemption # 11284.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and Helivate Films, L.C. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Helivate Fi lms, L.C. is adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.15

V III. FEDERAL REGISTER SUMMARY
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, sh ould it be determ ined that publication is needed.

Applicant seeks an exemption from the following rules: 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.7(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection and closed

- set TV/movie filming using a DJI Inspire, a DJI S1000, and a Freefly Systems Alta

. This exemption will allow commercial operations of UA ’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport

. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammable fuel will be involved

. The UA will carry no passengers or crew ; thus , eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of safety as th e Federal Aviation Regulations.16

IX

. OPERATING DOCUMENTS

Helivate Films, L.C. will operate only within the limitations above and the limitations listed in

the submitted manual s

. Th e limitations above

, from the previously granted exemption

, will be followed

if there is a conflict with the manual s

.

X

. STATUTORY AUTHORITY TO GRANT THIS PETITION
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of

the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current

airworthiness certificate. “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 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).

This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportat ion 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 FAA Modernization and Reform Act. In making this determination, the Sec retary is required to determine which types of UA 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 UA’s size, weight, speed, and operational capability;

 Operation of the UA in clo se proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 4

If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national

4 FAA Modernization and Reform Act of 2012 at § 333(a).17

airspace system." Id. § 333(c) (emphasis added). 5 The FAA has already established requirements for summary grants which will be further discuss ed below.

XI

. CONCLUSION
The operation of Helivate Films, L.C. using a small UAS , weighing l ess than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

If I can be of any assistance to further expedite this petition, please do no t hesitate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.

5 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 for the safe operation of the UAS, if it should be determine d that the conditions set forth herein do not fulfill the statutory requirements for approval.