**WEST COA ST SKY CAM** 

1 October 09 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

**West Coast Sky**

**Cam’s Petition for Exemption to Operate**  **Unmanned A ircraft Systems for A** **erial Photography and Filming**

**NA ME**  **AN D**  **ADDRESS OF PETITIONER** West Coast Sky Cam Attn: Wi lliam Meyers

- ATP 3141175 Patrick Keesee

- COMM 2771875 10061 Riverside Drive, Suite 195 Toluca Lake, CA 91602 (818) 691

-6210**WEST COA ST SKY CAM** 

2 **PETITION SUMMA RY**  Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112

-95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), West Coast Sky Cam

. (“Petitioner”) hereby petitions for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.121, 91.151 (b), 91.155, 91.405(a), 91.407(a)(1) 91.409(a)(2), 91.417(a)

-(b). The proposed exemptions, if granted, would
allow Petitioner to operate , camera-mounted unmanned aircraft systems (“UAS”) weighing 55 pounds or less for the purpose of aerial data collection including but not limited to Closed

-set filming of motion pictures, music videos, we b videos, corporate videos, television programs and commercials, and still photography

. Based on the small size of Petitioner’s UAS, the qualifications and experience of Petitioner’s UAS operators, and the restricted, sterile environment within which Petitioner will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress and set forth in Section 333. Additionally, the enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Thus, the requested exemptions should be granted.

**II. BA** **CKGROUND** All our pilots are FAA licensed multi

-engine commercial pilots and/or Airline Transport Pilots with current first class medical certificates and FCC Restricted Radio Operators Permits. Combined flying experience for Petitioner’s is in excess of 18,000 hours in Single Engine Land & Sea, Multi

-Engine land , Large ME Turbine Aircraft and Helicopters

. Remote controlled aircraft experience spans over 25 years for both pilots including powered fixed wing and glider as well as single and multi rotorcraft. For over 12 years, Petitioner’s production and filming professionals have provided advanced motion picture services and camera support for films, television programs, corporate and music videos. Combining the latest technology with a long track record of safe and successful projects. Petitioner’s technical expertise has been**WEST COA ST SKY CAM** 

3 relied upon for filming projects ranging from commercials to Grammy nominated music videos. In order to continue to provide the highest level of service, and to promote safety by eliminating the need for large manned aircraft on a filming set, Petitioner seeks regulatory exemptions that will allow Petitioner to employ camera- mounted UAS technology in the filming and production process.

**III. STA** **TUTORY AUT** **HORITY A.** **Section 333** Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace System (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operational authorization.” The FAA has committed to complying with this mandate by granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, Regulatory Docket No. FAA

-2014

-0352 (granting regulatory exemptions to Astraeus Aerial for operation of unmanned aircraft systems for the purpose of filming for the motion picture and television industry). Section 333(b) identifies several factors that the FAA should consider in determining whether commercial UAS operations should be approved. These include UAS that, “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation with in visual line of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national security.” See Section 333(b). B. Section 44701(f) In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant exemptions from the FAA’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See U.S.C. § 44701(f).**WEST COA ST SKY CAM** 

4 **IV. REQUESTED EXEMPTIONS**  Petitioner requests relief from the following regulations: Part 91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

-shift

-control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (2) A powered parachute or weight

-shift

-control aircraft **may b** **e operated**  **at less than the minimums prescribed in paragraph (c) of this sect** **ion.** Petitioner requests that the UAV be classified the same as a powered parachute
or weight

-shift

-control aircraft as it has considerably less mass, at a maximum of 55lbs,
vs. a powered parachute or weight

-shift

-control aircraft, both classified as an u ltralight vehicle under Part 103.1, with a maximum empty weigh 254lbs and a maximum of 5 gallons of gas (30lbs avg

. ) and 1 occupant (140

-250lbs). That’s a total of about 534 lbs

. The UAS is 1/10 the weight or less and considerably more maneuverable than both of these aircraft and able to hover and land safely in a 5 foot diameter circle

. Under §103.7 Certification and registration (a) Not withstanding any other section pertaining to certification of aircraft or their parts or equipment, **ultralight vehicles**  **and their**  **component parts**  **and equipment** 
**are not**  **required to**  **meet the**  **airw orthiness**  **certification standards**  **specified for**  **aircraft or to have certificates of airworthiness.** (b) Not withstanding any other section pertaining to airman certification, **operators of**  **ultralight vehicles**  **are not**  **required to**  **meet any**  **a eronautical**  **knowledge, age,**  **or experience**  **requirements to**  **operate those**  **vehicles or**  **to have**  **airman or medical certificates.** (c) Not withstanding any other section pertaining to registration and marking of aircraft, **ultralight vehicles**  **are not**  **required to**  **be registered**  **or to**  **bear markings**  **of any**  **ty pe.** **WEST COA ST SKY CAM** 

5 Petitioner’s UAS operations will be conducted within a sterile environment of closed

-set filming. All participating personnel will be thoroughly briefed as to all flight operations

. All our pilots are **FA A**  **Commercial licensed pilots**  with **current first class**  **medical certificates**  flying **FA A**  **register ed**  **UA S’s** 

. All non-participating people will be kept a distance of 500 feet away from nearest operation of UAS flight path. 1 Thus, good cause exists for granting Petitioner’s requested relief from 14 C.F.R. § 91.119 (c) (d).

Part 91.121 requires, in pertinent part, 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.” Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter onboard the UAS. Instead, altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

-based on-screen display. The altitude information will be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 91.121.

Part 91.151 (b) No person may begin a flight in a rotorcraft under VFR conditions
un less (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. Petitioner’s UAS are do not carry fuel. Maximum flight time is limited to the size of the batteries installed for a flight. Maximum total flight time is about 20 minutes. There is no enroute fl ight. Takeoff and landing are in the same location and in very close proximity to wh ere the aerial data collection is taking place. All flights will be terminated with 5 minutes or 20% remaining battery power, wh ichever occurs first. Thus, good cause exists for granting Petitioner’s requested relief from 14 C.F.R. § 91.151(b)
1 Pursuant to Order 8900.1 V3, C8, S1, “participating persons” includes all persons associated with the filming production. Participating persons will be briefed on the potential risk of the proposed flight operations and must acknowledge and accept those risks prior to participation.**WEST COA ST SKY CAM** 

6 Part 91.155(a) Except as provided in paragraph (b) of this section and §91.157,
no person may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed for the corresponding altitude and class of airspace in the following table: Class B 3 statute miles Clear of Clouds. Class C 3 statute miles 500 feet below. 1,000 feet above. 2,000 feet horizontal. Class D 3 statute miles 500 feet below. 1,000 feet above. 2,000 feet horizontal. Class E: Less than 10,000 feet MSL 3 statute miles 500 feet below. 1,000 feet above. 2,000 feet horizontal. **Class G:** 1,200 feet or less above the surface (regardless of MSL altitude) For aircraft other than helicopters: Day, except as provided in §91.155(b) 1 statute mile Clear of clouds. **For helicopters: Day**  **1/2 statute mile Clear of clouds**  Petitioner Requests that standard cloud clearance limitations apply to all UAS operations. Weprimarily operate in Class G airspace

. Wesimply ask to not be limited by cloud clearance requirements for B, C, D and E airspace when operating in Class G airspace as seems standard in Grants of Exemption, Conditions and Limitations items 1 5 and 17

. Operating 1⁄2 statute m ile and clear of clouds DOES NOT constitute Special VFR as stated in §91.157 Special VFR weather minimums and AIM 4−4−6 Special VFR Clearances

. Special VFR as stated in §91.157 Special VFR weather 

### minimums is for operations in and out airports. UAS’s do not operate in or out of airports. 1⁄2 Statute Mile and clear of clouds is standard basic VFR weather minimums for rotorcraft aircraft in class G airspace. Thus, good cause exists for granting Petitioner’s request to FOLLOWthe limitations of 14 C.F.R. § 91. 155(a) with Relief from Grants of Exemption, Conditions and Limitations items 15 and 17.**WEST COA ST SKY CAM** 

7 Part 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. Part 91.407(a)(1 ) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Part 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Part 91.417(a) and (b) prescribes, in pertinent part, that

- (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventative maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. (b) The owner or operator shall retain the following records for the periods prescribed: (1 ) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2 ) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. Petitioner will strictly comply with safety and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals. In light of these mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) are warranted.**WEST COA ST SKY CAM** 

8 **V. PETITIONER’S PROPOSED OPERA** **TIONS SA TISFY SECTION 333** 
A

. UAS Pilot in Command Petitioner’s UAS pilot in command (PIC) shall hold an airline transport, commercial, private, recreational or sport pilot certificate as well as at least a 3 rd Class Medical. B

. Unmanned Aircraft System The UAS to be operated under this request are less than 55 lbs. fully loaded, will be operated at a speed of no more than 100 mph (87 Knots), carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within a secured area. Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) Instruction Manual, Aeronavics Flight Operation and Safety Manual and Motion Picture and Television Flight Operation Manual , 2 and Petitioner has integrated safety features into the UAS, as described in Petitioner’s Flight Operations and User Manuals for: 3D Robotics Iris+, Yuneec Q500, Align M690L, and the Aeronavics Skyjib X4 XL. Iris+ Operations Manual, Typhoon Q500 User Manual, Typhoon Q500 Quick Start Guide, Align Multi

-copter Manual (collectively, “operations manuals”).

C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conducted within a sterile environment of closed

-set filming. In this controlled environment, Petitioner’s operations will remain within VLOS of the PIC and VO, below 500 feet AGL, and at speeds below 100 Mph (87 kts) Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of an airport unless a letter of agreement with that airport’s management is obtai ned and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”).

2 The MPTFOM will be submitted separately and confidentially u nder 14 C.F.R. 11.35(b), as the manuals contain proprietary information that the applicant has not and will not share with others. The manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et seq.**WEST COA ST SKY CAM** 

9 Further, the Petitioner requests that night operations be approved with the stipulation that daylight conditions exist throughout the flight arena and operations will be conducted solely with the boundary of the illuminated area i.e. closed set, such as in sports stadiums or indoor arenas with high intensity discharge (HID) lamps providing
over 1,000 average watts per lamp (approximately), in short as long as day light conditions exist that exceed morning or evening civil twi light as described in 14 CFR § 1.1 “Night”.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hangliders). Further, Petitioner will use a VHF transceiver when operating within 5 miles of an airport or under a high traffic area to monitor common traffic advisory frequency (CTAF) in Class G airspace and transmit intentions if operating above the surrounding treetop level. After receivi ng authorization to operate in class E, D, C, or B air space, we will contact the appropriate air routing traffic control center frequency (ARTCC) or tower frequency as required by §91.126 (d), §91.127 (c), §91.129 (c)(1) through flight, §91.130 (c)(1) through flight, or §91.131 (a)(1) and (c)(2) Although Petitioner seeks to comply with the waiver process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificate of Waiver for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the section did not originally provide for UAS operations. Thus, Petitioner seeks exemption from the applicable regulations normally waived during that process. Petitioner proposes that the FAA include the required notifications and coordination with jurisdictional FSDOs through the conditions and limitations accompanying the requested exemption, and that the exemption sought herein will take the place of the Certificate of Waiver normally issued by a jurisdictional FSDO under 8900.1. Under this rubric, Petitioner will notify every FSDO with jurisdiction over the
area that Petitioner plans to operate, just as with man ned filming operations, and those FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address any local concerns.**WEST COA ST SKY CAM** 

10 Petitioner will obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation.

Petitioner requests authorization to operate internationally and that this exemption apply outside of the United States

. As Motion Picture Production Companies will routinely seek out locations that are not necessarily specific to the U nited States , but portray the appropriate location of the story, for both cost and appearance, we cannot control the filming locations; only operate on the set the Motion Picture Company has previously scouted and secured. All filming locations are on private property and or have full permission by the owner or controlling agency to occupy and film on said property

. Wem ust have the authority to operate internationally so that may be competitive in our business and operate on location, wherever that may be

. Wewill comply with all applicable ICAO rules and regulations for UAS operations and obtain permission from that countries civil aviation authority in which we will be operating. Our pilots have many 1000’s of hours of international operating experience. Safety, procedure, precaution and policy will remain in the same high regard and not be jeopardized in any way.**WEST COA ST SKY CAM** 

11 D. The Requested Exemption Promotes the Public Interest The UAS provides enhanced safety by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers, crew and or fuel and exponentially less mass and energy

. The UAS provides safer work conditions because no one involved will have to go into a dangerous environment. There is much less risk to life and property on the ground. The UAS is more environmentally friendly than a helicopter or airplane as it reduces noise and air pollution. UAS use contributes to reduce airport congestion by eliminating the commercial use of planes and helicopters for its operations. All of our UAS pilots are ATP and Commercial Pilots and have extensive experience in NAS and are fully aware of NAS requirements, limitations, arrival and departure routings in and out airports and knowledge of the class of airspace we will be operating in anywhere we are

. This contributes significantly to the safety to all users of the NAS and the general public

. Weare professional pilots and know full well the importance preparation, use of checklists, regular maintenance and knowing the performance and limitations of our aircraft. As stated above, this exemption request promotes safety and is the public interest. Moreover, as the FAA has already recognized, “UAS provide an additional tool for the filmmaking industry, adding a greater degree of flexibility, wh ich supplements the current capabilities offered by manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA

-2014

-0352, at p. 22.

**VI. PETITIONER’S A** **IRCRA FT SPECIFICA** **TIONS** Yuneec Typhoon Q500 Quad

-copter Weight: 1700g (3.75lbs) Maximum Ascent Rate: 6m/s (19.69ft/s) Maximum Decent Rate: 2m/s (6.56ft/s) Maximum Speed: 8m/s (26.25mph) Dimensions: 420x420x210mm (16.5x16.5x8.3 in)**WEST COA ST SKY CAM** 

12 3D Robotics Iris+ Quad

-copter Weight: 1282g (2.78lbs) Maximum Ascent Rate: 8m/s (26.25ft/s) Maximum Decent Rate: 4m/s (13.12ft/s) Maximum Speed: 20m/s (44mph) Dimensions: 550x550x200mm (21.65 x 21.65 x 7.87in) Align M690L Hex

-copter Weight: 3400g (7.93lbs) Maximum Ascent Rate: 6m/s (19.69ft/s) Maximum Decent Rate: 4m/s (13.12ft /s) Maximum Speed: 15m/s (49.21ft/s) Dimensions: 900x900x446mm (35.43 x 35.43 x 17.60 in) Aeronavics Skyjib X4 XL Octo

-copter Max T/O Weight: 22Kg (48.4 lbs) Maximu m Ascent Rate: TBD Maximu m Decent Rate: TBD Maximum Speed: 60mph Dimensions: 1020x1020x600mm (40.15 x 40.15 x 23.60 in)

**VII. CONCLUSION**  For the foregoing reasons, the regulatory exemptions requested herein should be granted and Petitioner should be permitted to conduct UAS operations for the purpose of aerial data collection including closed

-set filming.
Respectfully submitted, West Coast Sky Cam,

By Wi lliam F Meyers Jr

. - Petitioner ATP 3141175