December 7

, 2015

United States Department of Transportation, Docket Operations West Building Ground Floor,

Room w12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590 SHARK&MINNOW INC.

3351 Daleford Road Shaker Heights, Ohio 44120

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b)

.

To Whom It May C oncern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, SHARK&MINNOW INC. an operator of Unmanned Aircraft Systems (“UASs”) for aerial photography and video for marketing , hereby applies fo r an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs.

On or about September 25, 2014, the FAA granted exemptions to six UAS operators, including Astraeus Aerial (the “Astraeus Exemption”). As set forth in SHARK&MINNOW INC. 's Unmanned Aerial System Operations Manual or Flight Operations and Procedures Manual (the “FOPM”), SHARK&MINNOW INC. will adhere to the terms of the Astraeus Exemption.

Low

- level oblique photos and video from several angles are far mor e effective than ground

- based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat

full

- sized helicopters for this purpose, which has proven more c ostly than many potential clients have been able to afford. The benefits of reduced cost, reduced noise interference and improved quality of presentation from the UA will be valuable to and benefit many marketing professionals in the development of photogr aphy and videos of

facilities. The photography and videography Marketing Projects will occur in restricted or other areas where access to the public is strictly limited and controlled. Under virtually all circumstances, all of the only property or structur es near the locations are owned and operated by the same entity. As a result, the operation has no substantial impact on any third persons not involved in the actual site project

SHARK&MINNOW INC. 's requested exemption would permit the operation of small, unmanned UAS under controlled and “sterile” conditions in and on the private property of their clients’ Marketing Projects that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater safety in connection with air craft operations in the film and television industry and or Marketing Projects. A pproval of

SHARK&MINNOW INC. exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requireme ntsfor the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

ERIC KOGELSCHATZ Chief Strategy Officer

SHARK&MINNOW INC.

3351 Daleford Road Shaker Heights , Ohio 44120 e eric@sharkandminnow.com

m 517.974.0395

o 216.609.3740 x102

f 216.539.3110

www.sharkandminnow.com

Regulations from which the exemption is requested:

• 14 CFR 61.113(a) and (b)

• 14 C.F.R. 91.103

• 14 C.F. R. 91.119

• 14 C.F.R. 91.121

• 14 CFR 91.15 1(a)

• 14 CFR 91.405(a)

• 14 CFR 407(a)(1)

• 14 CFR 409(a)(2)

• 14 CFR 417(a) and (b)

UASs operated by SHARK&MINNOW INC. weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50
knots, can hov er, and can simultaneously move vertically and horizontally.

SHARK&MINNOW INC. will only operate its UASs in line of sight and will operate only within the sterile area described in the FOPM. Such operations will insure that the UAS

will “not create a haza rd to users of the national airspace system or the public.”

Given the small size of SHARK&MINNOW INC. 's UASs and the restricted sterile environment within which they will operate, SHARK&MINNOW INC. 's UAS operations adhere to the Reform Act’s safety requir ements. Additionally, due to the size of the UASs and the limited areas in which they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the sig nificant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, SHARK&MINNOW INC. 's respectfully requests that the FAA grant the reque sted exemption without delay.

Aircraft And Equivalent Level Of Safety The operating limitations proposed by SHARK&MINNOW INC. provide for at least an equivalent or higher level of safety because operations further enhance safety of

movie and television fi lming using conventional aircraft.

shark&minnow will operate the SOLO aircraft manufactured by 3D Robotics. It is our belief that the SOLO offers a more up to date flight control system as well as an improved on

- board flight processors. This will improve flight characteristics and add to safe flight operations. shark&minnow intends to operate the SOLO from 3D Robotics and will operate it in strict compliance with the conditions set forth in Exemption 11204.shark &minnow also provides its:

1. Unmanned Aerial System Operations Manual or Flight Operations and Procedures Manual (the “FOPM”)

2. Aerial Systems 3DRobotics Solo Operations Manual

3. Aerial Systems 3DRobotics Solo Interface

4. Pref light Checklist

5. Safety Guidelines

shark&minnow will operate the aircraft in str ict compliance with the conditions in existing the exemption previously granted by the FAA. As set forth in the FOPM, the

limitations and conditions include:

1. The UASs will weigh less than 55 pounds

2. Flights will be operated within line of sight of a pilot a nd/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL , and not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the Camera Operator.

6. A UAS pilot will be an FAA licensed airman with at least a private pilot’s

certificate and third class medical.

7. A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the UAS Pilot, who possesses the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), t hat person can also be designated as PIC.

8. The UAS will only operate within a confined “Sterile Area” as defined in the FOPM. The FOPM requires the establishment of a “Security Perimeter” for the flight operations area.

9. A briefing will be conducted for plan ned UAS operations prior to each day’s flight. All personnel performing duties within the boundaries of the safety perimeter are required to attend.

10. The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemptio n, with the appropriate Flight Standards District Office (”FSDO”).

11. The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation. This radius may be r educed to 30 feet based upon an equivalent level of safety determination, as required under the FOPM. With the advanced permission of the FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO th ree days before the proposed shoot as required in the FOPM.

13. The Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated as required by the

FOPM.

14. The Observer and pilot will at all time s be able to communicate by voice

and/or text.

15. Written and/or oral permission from the relevant property holders will be

obtained.

16. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre

- determined location within the SecurityPerimeter and land.

18. The UAS will have t he capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot

Privileges and Limitations: Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non

- commercial operations. Becau se the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s

license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground

- based operator. The operational area is controlled an restricted, and all flights are planned and coordinated in advance. The level of safety exceeds t hat provided by a single individual holding a commercial pilot’s certificate operating a

conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 6 1 allowing UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing an d takeoff distances, and aircraft performance data before commencement of flight.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that: “e xcept 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 thos e cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

Because SHARK&MINNOW INC. requests authority to operate at altitudes only up to 400 AGL, and not more than 200 above an elevated platform from wh ich filming is planned, an exemption is needed to allow such operations. Except for the limited conditions stated in the FOPM, the UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, w here buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be t aken without the permission of property owners or local officials. Because of the advance notice to the property owners and participants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed UAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition,

the low

- altitude operations of the UAS will ensure separ ation between a UAS and

conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure air port or an appropriate altimeter setting available before departure.” As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. Anequivalent level of safety will be achieved by the operator, pursuant to the FOP M and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 m inutes . . . .”

The battery powering the SHARK&MINNOW INC. UASs provides approximately 18 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a tightly controlled area where only peop le, property owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to

address.

SHARK&MINNOW INC. believes that safety can be achiev ed by limiting flights to 10 minutes or 25% of battery power, whichever occurs first. This restriction would be more than adequate to return the UAS to its pre

- determined landing zone from anywhere in its limited operating area.

SHARK&MINNOW INC. is not s eeking an exemption for nighttime UAS operations. 14

C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner shall “have that aircraft inspected as prescribed in subp art E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with P art 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Build Imagery operations. Maintenance will be accomplished by the operator. An equivalent level of safety will be achi eved because the UASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As prov ided in the FOPM, the operator will ensure that the UAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the UAS and best suited to m aintain it in an airworthy condition.

Summary for Publication Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

SHARK&MINNOW INC. seeks an exempt ion from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) in marketing operations.As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in the marketing industry will enhance safety by reducing risk. Conventional marketing operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the marketing location. In contrast, a UAS weighing fewer than 55 pounds an d powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a marketing set. In this regard, the UAS carries no passengers or crew and, therefore, will not expose the m to the risks associated with manned flights.

The operation of UASs conducted in the strict conditions outlined in the FOPM will provide an equivalent level of safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds , close to the ground, and in a sterile environment. As a result, they are far safer than conventional operations conducted with turbine helicopters carrying fuel and flying near the ground and people.

Privacy All flights will occur over private or contro lled access areas with the property owner’s prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequate justification to grant SHARK&MINNOW INC.'s re quested exemption, allowing for SHARK&MINNOW INC.'s UAS commercial operations for Marketing Projects pursuant to the FOPM included

herewith.

If you have any questions or need any additional information, please contact the undersigned at eric@sharkandminno w.com

Best Regards,

ERIC KOGELSCHATZ Chief Strategy Officer

SHARK&MINNOW INC. e eric@sharkandminnow.com

m 517.974.0395

o 216.609.3740 x102

f 216.539.3110

www.sharkandminnow.com