Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition

October 6, 2015 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14CFR 91.9(b)(2); 14 CFR 91.103; 14CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b). Dear Sir or Madam: I, Jamarr Ellison, Managing Memberof Next Flight Media LLC, am writing pursuant to the FAA Modernization and Reform Act of2012 and the procedures contained within 14 C.F.R. 11, to request that Next Flight Media LLC, an owner and operatorofsmall unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that Next Flight Media LLC, may operate unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"). As described herein I, Jamar Ellison, am experienced in flying hobby helicopters/planes for recreational purposes without incident. Currently Next Flight Media LLC is exploring the use of UAS platforms manufactured by DJI including the Phantom 3 and DJIInspire Quadcopters. Our intent is to use these platformsfor aerial videography/cinematography/photography, enhancing academic community awareness for individuals and companies unfamiliarwith the g·eographicallayout ofcommunities and lands throughoutthe state ofGeorgia, and to augment real estate listingvideos- following exemption and approval by the FAA. I have flown RC Helicopters/Planes for over five (5) years without incident. Next Flight Media LLC is committed to safetywith each flight. Next Flight Media LLC's exemption request would permit its operation oflightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. Predetermined areas ofoperation, cordoned off locations and corresponding enhancementsto current safety controls will allow Next Flight Media LLC to operate within current safety parameters while innovating new ones. Currently, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. Based on ourcommitmentto safety it is reasonable the FAA grants this exemption to Next Flight Media LLC to operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as Next Flight Media LLC collects flight data and other information gained through permitted flight operations. Granting Next Flight Media LLC's request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities to notonly integrate UASs intothe national airspace 

### system, butto "

...establish requirements forthe safe operation ofsuch aircraft systems [UASs] in the national airspaceNext Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition system" under Section 333{c) ofthe Reform Act. Further, Next Fligt1t Media LLC will conduct its operations in compliance with the protocols described herein oras otherwise established by the FAA. Forthe reasons stated below, Next Flight Media LLC respectfully requests the grant ofan exemption allowing itto operate lightweight, remote controlled UAS's.



### 1. CONTACT INFORMATION: 

### Point ofContact:
Jamarr Ellison (678) 457-7625 Address:
1478 SpringleafCircle SE UnitC Smyrna GA, 30080

2. The Specific Sections ofTitle 14ofthe Code of Federal Regulations From Which Nextflight media LLC's Requests Exemption are: 14CFR 21; 14C.F.R. 45.23(b); 14CFR 61.113 (a) & (b); 14C.F.R. 91, etseq.; 14CFR 407 (a) (1); 14CFR 409 (a) (2); and, 14CFR 417 (a) & (b).
3. The Extent of Relief Nextflight media LLC Seeks and the Reason ItSeeks Such Relief: Next Flight Media LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent Next Flight Media LLC's contemplated commercial cinematic, research and otherflightoperationswithin the national airspace system. The Reform Act in Section 332 provides forsuch integration ofcivil unmanned aircraftsystems into our national airspace system as it is in the public's interestto do so. Next Flight Media LLC's lightweight UASs meetthe definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration of Next Flight Media LLC's lightweight UASs are expressly contemplated by the Reform Act. Next Flight Media LLC would like to operate its lightweight UASs priortothe time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determiningthe types of UASs that may operate safely in our national airspace system. Considerations include:

• The weight, size, speed and overall capabilities ofthe UAS; • Whetherthe UAS will be operated near airports or populated areas; and, • Whetherthe UAS will be operated by line ofsight.Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition

112 P.L. 95 § 333 (a). Each ofthese items militates in favor ofan exemption for Next Flight Media LLC. Next flight media LLC's UASs utilize fourto eight counter-rotating propellersfor extreme balance, control and stability. They each weigh less than 55 pounds, including cinematic orother equipment. Each of Nextflight media LLC's small unmanned aircraft are designed to primarily hover in place and operate at less than a50 knot maximum speed. They are capable ofvertical and horizontal operations but operate onlywithin the line ofsight ofthe remote control pilot. In addition to the remote control pilot, Nextflight media LLC uses aspotter, such that, at minimum, two Nextflight media LLC personnel govern the safe flight ofan Nextflight media LLC UAS at all times.

1The FAA has the authorityto issue the exemption sought by Nextflight media LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). Utilizing battery powerand notcombustible fuels, flights generally last between five and twenty minutes. Nextflight media LLC does not operate its UASs with less than twentyfive percent battery capacity. Safety systems in place include aGPS mode that allows Nextflight media LLC's UASs to hover in place ifcommunication with the radio control pilot is lost and then slowly descend the UAS attwentyfive percent battery capacity. Further, Nextflight media LLC's fleet is programmed, in some instances, to return to asafety point ifcommunications are lost. Nextflight media LLC does notoperate its UASs near airports and generally does notoperate them near populated areas. To date, Nextflight media LLC has only operated itsfleetfortraining purposes awayfrom populated areas. Nextflight media LLC only operates its UASs in predetermined areas and only in compliance with well-regarded safety protocols such as those contained within the well-established and commonly known Motion Picture and Television Operations Manual. Next flight media LLC operation of itsfleet ofsmall unmanned aircraftwill not "create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 § 333 (b). Given the small size and weight of Next flight media LLC's UASs, combined with theiroperation in cordoned offand well-controlled areas, Nextflight media LLC's fleetfalls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs intothe national airspace system. Indeed, Nextflight media LLC's UASs have ademonstrable safety record and do not pose any threatto the general public or national security.
4. How Nextflight media LLC's Request Will Benefitthe Public As A Whole: Aerial videographyforgeographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget production companies and average homeownersthe expense ofsuch aerial videography is cost prohibitive.Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition Only large companies and high end film companies can afford to absorb such expense. Which is where the option ofless expensive unmanned systems becomes affordableto anyone. Next flight media LLC's main goal is to prove to publicthat UAS can be safely used forcommunity awareness and commercial purposes. Next flight media LLC's UAS pose no threatdue totheir size, maneuverability and lack ofcombustible fuel- alleviating any potential threatto the public. Granting Next flight media LLC's exemption request furthers the public interest. Nextflight media LLC conducts research into safe UAS operations everytime itflies one ofits UASs. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing Next flight media LLC to log moreflight time directly relates to its research and its abilityto furtherenhance current safety measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Next flight media LLC's UASs are battery powered and create no emissions. Ifa Next flight media LLC UAS crashes there is no fuel to ignite and explode. The impact of Nextflight media LLC's lightweight UASs is far less than a full size helicopter, notwithstandingthe statistically noteworthysafety record offull size helicopters used in motion picture capture. The public's interest is furthered by minimizing ecological and crash impacts by permitting motion picture capture through Nextflight media LLC's lightweight UASs. Additionally congress has pronounced that it is in the public's interestto integrate commercially flown UASs intothe national airspace system, hence the passing ofthe Reform Act.
5. Reasons Why Nextflight media LLC's Exemption Will NotAdversely Affect Safety Or HowThe Exemption Will Provide a Level ofSafetyAt Least Equal To Existing Rule: Next flight media LLC's exemption will not adversely affect safety. Quite the contrary, forthe reasons stated, permitting Nextflight media LLC to log more flighttime in FAA controlled airspace will allow Nextflight media LLC to innovate and implement new and novel, as ofyet undiscovered safety protocols. In addition, Next flight media LLC submitsthe following representations ofenhancements to current aerial videography, photography and aerial surveying techniques:

• Next flight media LLC's UASs weighing less than 55 pounds; • Next flight media LLC only operates its UASs below400 feet; • Next flight media LLC's UASs only operate for 5-20 minutes perflight; • Next flight media LLC lands its UASs when they reach 25% battery power; • Next flight media LLC's remote control pilots operate Nextflight media LLC's UASs by line of sight; • Next flight media LLC staffs each flightwith a remote control pilot and spotterwith communication systems enabling real time communication between them; • Next flight media LLC UASs have GPS flight modes wherebythey hoverand then slowly land if communication with the remote control pilot is lost or battery power is below 25%: • Next flight media LLC actively analyses electronic flight data and othersources of information to constantly update and enhance safety protocols;Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition

• Nextflight media LLC only operates in reasonably safe environmentthat are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; • Nextflight media LLC conducts extensive briefings priorto flight, during which safety carries primary importance; • Next flight media LLC always obtains all necessary permissions and permits priorto operation; and, • Next flight media LLC has procedures in place to abortflights in the event ofsafety breaches or potential danger. Nextflight media LLC's safety protocols provide a level ofsafety at least equal to existing rules, and in nearly every instance, greaterthan existing rules. It is importantto note that absentthe integration ofcommercial UASs into our national airspace system, helicopters are the primary means ofaerial motion picture capture. While the safety record ofsuch helicopters is remarkably astounding, it is farsaferto operate a battery powered lightweight UAS. First, the potential loss oflife is diminished because UASs carry no people on board and Nextflight media LLC only operates them in specific areas awayfrom mass populations. Second, there is no fuel on board a UAS and thusthe potential forfire orexplosions is greatly diminished.Third, the small size and extreme maneuverability of Nextflight media LLC's UASs allow our remote control pilots to avoid hazards. Lastly, given theirsmall size and weight, even when close enough to capture amazing images, Next flight media LLC's UASs need not be so close to the objects they are focused on. Accordingly, Next flight media LLC's UASs have operated and will continue to operate at and above current safety levels.
6. A SummaryThe FAA May Publish in the Federal Register:


### A. 14C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.
14C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurementofnecessary airworthiness certificates in relation to FAR§ 91.203{a)(1). The size, weight and enclosed operational area of Next flight media LLC's UAS permits exemption from Part 21 because Next flight media LLC's UAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exemptaircraftfrom the airworthiness certificate requirement under both the Act {49 U.S.C. §44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Next flight media LLC's current and projected UAS's meet orexceed each of the elements.
14C.F.R. 91.7{a) prohibitsthe operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition

14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no on board pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining asafety/flight manual delineating areas ofwhere safety can be defined. The FAA has previously issued exemptions tothis regulation in Exemption Nos. 

### 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimetersettings is inapplicable insofaras my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations at Next flight media LLC.
B. 14C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14C.F.R. §§ 61.113 (a) 

### & (b), private pilots are limited to non-commercial operations. Next flight media LLC, can achieve an equivalent level ofsafety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation ofmy UAS is far less than the risk levels inherent in the commercial activities outlined in 14C.F.R. § 61, et seq. Thus, allowing Nextflight media LLC, to operate UAS meets and exceeds current safety levels in relation to 14 C.F.R. §61.113 (a) 

### & (b). C. 14C.F.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119 prescribes safe altitudesforthe operation ofcivil aircraft. It allows helicoptersto be operated at loweraltitudes in certain conditions. My UAS will never operate at an altitude greaterthan 400 AGL. Nextflight media LLC, will howeveroperate its UAS in safe areas away from public and traffic, providing a level ofsafety at least equivalent to or belowthose in relation to minimum safe altitudes. Given the size, weight, maneuverabilityand speed of my UAS, an equivalent or higher level ofsafety will be achieved.
D. 14C.F.R. 91.405 

### (a);; 407 

### (a) (1);; 409 

### (a) (2);; 417(a) 

### &(b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

... ."Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition

These Regulations only applyto aircraft with an airworthiness certificate. They will not, therefore, applyto Nextflight media LLC's UAS. However, as asafety precaution Nextflight media LLC inspects its UAS before and aftereach flight and follows a maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved.
E. Summary: Nextflight media LLC seeks an exemption from the following Regulations: 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a){1). The size, weight and enclosed operational area ofmy UAS permits exemption from Part 21 because Next flight media LLC's UAS meets an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. §44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Nextflight media LLC's UAS meets orexceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithoutan airworthiness certificate. As no such certificate will be applicable in theform contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual. The FAA has previously issued exemptionsto this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measuresforany damaged hardware. Therefore, an equivalent level ofsafetywill be achieved.
7. Additionallnformation Jamarr Ellison, managing memberof Nextflight media LLC and the primary Pilot in Command (PIC}, has flown small remote control multi rotors foroverfive (5) years without incident. In that timeJamarr Ellison has obtained substantial experience and knowledge on howto safely operate remote control aircraft and UAVs. As Nextflight media LLC's primary PIC Jamarr Ellison is fully committed to safetywith each flight. Granting Nextflight media LLC's request for exemption will reduce current risk levels and therebyenhance safety. Currently, motion picture image capture relies primarily on the use oflarger aircraft running on combustible fuel. Next flight media LLC's craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverablethan conventional rotor aircraft. Further, Next flight media LLC operates at lower altitudes and in controlled airspace. Next flight media LLC has been analyzing flight data and other information in compiling novel safety protocols and the implementation ofaflight operations manual that exceeds currently accepted means and methods ofsafe flight. There are no people on board Next flight media LLC's UASs and therefore the likelihood ofdeath orserious bodily injury is significantly limited. Next flight media LLC's operation ofits UASs, \ 

# \

I 

### J 

# 'Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition weighing less than 55 pounds and travelling at speeds lowNthan 50 knots in cordoned offareas will provide at least an equivalent level ofsafety as that achieved under current FARs. Accordingly, Nextflight media LLC respectfully requests thatthe FAA grant its exemption request without delay.
Respectfully Submitted,

Jamarr Ellison,

Managing Member Next flight media LLC