1 Nimbus Productions, LLC Christopher Carducci 3395 Saxony Glen Marietta, GA 30066 (770) 815

- 0115

January 27, 2016

United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washingt on, DC 20590

Exemption Request Pursuant To Section 333 of the

FAA Reform Act of 2012

Dear Sir or Madam:

This p etition is being submitted on Nimbus Productions, LLC’s behalf without legal counsel or consulting services.

Nimbus Productions, LLC, a Georg ia Limited Liability Company doing business as Nimbus Productions (“ NP ”).

We are writing pursuant to the FAA Modernization and Reform

Act of 2012 (the “Reform Act”) and the procedures contained in 14

C .F.R. 11, to request that NP, the owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that NP may operate its small unmanned aircraft / lightweight unmanned aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviatio n Administration (“FAA”).

As described herein, NP is looking to become a leader in capturing high definition feature film quality aerial cinematography with small, unmanned aircraft and lightweight UASs. NP will outfit each of its

small

- unmanned aircraft for aerial photography and cinematography,2 primarily for use in digital content creation, commercials, weddings, and events, including motion pictures. This exemption would permit commercial operations by NP to conduct sUAS for general photography

and vid eography, real estate photography and videography, film and movie production. NP’s operation under the exemption will be subject to strict operating requirements and conditions to ensure a level of safety equivalent to that of currently authorized operatio ns using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

Request ed Exemptions :

In order to provide safe an d environmentally

- friendly aerial

vide ography and photography for public and business interests, NP

, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 regulations:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) and (b)

• 14 C.F.R. 91.7(a)

• 1 4 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.109

• 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. 91.203(a) and (b),

• 14 C.F.R. 91.405(a)

• 14 C.F.R. 91.407(a)(1),

• 14 C.F.R. 91.409(a)(1) and (2),

• 14 C.F.R. 91.417(a) and (b)

NP is requesting thes e exemptions so that NP may safely operate sUAS commercially.3 The	Extent	of	Relief	NP	Seeks	and	the	Reason	NP	Seeks	the

Relief :

The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace sys tem as it is in the public’s interest to do so. NP’s lightweight UASs meets the

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of NP’s lightweight UASs are expressly contemplated by the Reform Act. NP would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to finalize the ruling that governs such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our na tional airspace system. These

limitations and conditions to which NP agrees to be bound when conducting commercial operations under an FAA issued exemption

include:

• The sUAS will weigh less than 55 lbs.

• Flights will be operated within v isual line of sight (VLOS) of a Pilot/”Operator” and/or observer.

• Maximum total flight time for ea ch operational flight will be 25 minutes. Flights will be terminated at 20% batt ery power reserve s hould that occur prior to the 25 minute limit.

• Flights will be operated at an altitude of no more than 500 feet AGL or, when photographing a structure taller than 500 feet, the sUAS will not be operated more than 100’ above the highest point on the

structure.

• Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual Observer.

• sUAS Pilot/”Operator” will be Pilot in Command (PIC). If the Pilot/”Operator” deems another “Pilot/”Operator” “ to be qualified with the necessary skills to be the “Pilot/”Operator”, that person can also be designated as “Pilot/”Operator”.

• Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not

as sociated with the operation.

• Pilot/”Operator” and observer will have been trained in operation4 of sUAS generally and received up

- to

- date information on the particular sUAS to be operated.

• Observer and Pilot/”Operator” will at all times be able to

comm unicate by voice, radio, and/or text.

• Written and/or oral permission from the relevant property holders or property representatives will be obtained.

• If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre

- determined location and land autonomously.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

112 P.L. 95 333 (a). Each of these items is in favor for an exemption of

NP’s UASs, which use counter

- rotating propellers for extreme balance, control and stability. The UASs weigh less than 55 pounds . Each of

NP ’s small unmanned aircraft are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are cap able of vertical and horizontal operations, but operate only within the line of sight of the remote control pilot.

Utilizing battery power and not combustible fuels, flights generally last bet ween five and twenty minutes. NP does not operate its

UASs wit h less than twenty percent battery capacity. Safety systems in place i nclude a GPS mode that allows NP ’s UASs to hover in place if communication with the radio control pilot is lost and then slowl y descend the UAS at twenty perce nt battery capacity. Furthe r, NP ’s fleet is programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a safety point if communications are lost.

NP does not operate its UASs near airports and generally does not operate them n ear populated areas. To date, NP has only oper ated its fleet on private sets a nd areas under the control of NP. NP only operates its UASs in predetermined areas and only in compliance with well

regarded safety protocols

.

NP ’s operation of its fleet of small

- unmanned aircraft will not “create a hazard to users of the national airspace system or the public.”5 112 P.L. 95 § 333 (b). Given the small size and weight of NP ’s UASs

, combined with their operation in well

- controlled areas, NP ’s fleet falls within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the

nati onal airspace system. NP ’s UASs have bee n used recreationally for the last two years, and have had no incidents or posed any threats to the local community.

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration the regulation provides in the pertinent part:

(a) Ex cept a provided in 91.715 , no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current

airworthiness certificate. . . . (b) No person may 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 legible to passenge rs or crew.

The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety wil l be achieved by keeping these documents at the ground control point where the Pilot/”Operator” flying

the sUAS will have immediate access to the documents to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regula tion. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700.

How	NP’s	Request	Would	Benefit	the	Public	as	a	Whole :

Reducing the danger and emissions that are involved with flying helicopters/a irplanes to capture aerial footage is very beneficial to the public. Using those methods are extremely expensive as well. NP has battery

- powered UAS that create no carbon emissions and very little noise, compared to their aerial counterparts. Allowing a mo re cost

effective alternative for smaller businesses to utilize aerial footage is very beneficial.6 Reasons	Why	the	Exemption	Would	Not	Adversely	Affect	Safety, or	How	the	Exemption	Would	Provide	a	Level	of	Safety	At	Least Equal	to	the	Existing	Rule:

NP’s exemption	will	not	adversely	affect	safety.	By	following the	guidelines	already	set	in	place,	safety	is	guaranteed.	To	reiterate the	guidelines	NP	will	follow:

• NP’s UASs weigh less than 55 pounds complete all gear attached;

• NP only operates its UASs below 400 feet;

• NP’s UASs only operate for 5

- 20 minutes per flight;

• NP returns its UASs from flight when they reach 20% battery power;

• NP’s remote control pilots operate NP’s UASs by line of sight;

• For each flight, NP sta ffs a remote control pilot and spotter;

• NP’s UASs have GPS flight modes whereby they hover and then slowly land if communication with the remote control pilot is lost or battery power is below 20%;

• NP only operates when weather conditions are appropriate , and away from airports and populated areas;

• NP always obtains all necessary permissions and permits prior to operation; and,

• NP has procedures in place to abort flights in t he event of safety

breaches or potential danger.

NP takes privacy very se riously. All flights will occur over private or controlled access property with the property representative or 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.7 **Summary**

Nimbus Productions seeks an exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14

C.F.R . 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the mentioned rules, NP will be seeking to make UAS photography/videography servic es available to

p ublic and commercial interests that can benefit the community.

Conclusion

Nimbus Productions, LLC respectfully requests the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Nimbus Productions, LLC pursuant to the Federal

Aviation Act.

Thank you for taking the time to review our exemption request . I f there

are any qu estions or concerns, please do not hesitate to contact Christopher Carducci, co

- owner of Nimbus Productions, LLC.

Sincerely, Christopher Carducci

Co

- Owner/Producer Nimbus Productions, LLC 3395 Saxony Glen Marietta, GA 30066 Topher@NimbusProductions.net (770) 815

- 0115

UAS PRODUCT INFORMATION :

3DR SOLO :

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