U.S. Department ofTranspertation Docket Management System , ' 1200 NewJerseyAve., SE Washington, DC 20590

AEROOPTIX'S PETITION FOR EXEMPTION TO OPERATE UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 

### 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

### 2012

PURPOSED USE: AERIAL PHOTOGRAPHY, CLOSED

- SET FILMING IN THE MOTION PICTURE AND TELEVISION INDUSTRIES



### PROPOSEDAIRCRAFT: DJI SlOOO WITH DJI 

### A2 FLIGHT COMPUTER



### PETITIONER'S NAME AND CHRIS KUNKLE DBAAEROOPTIX 

### ADDRESS: Po BOX 

### 1809 SANTA YNEZ, CA 

### 93460

PHONE: 

### 805.350.0499 EMAIL: CKUNKLE@AEROOPTIX.COM 

### 12



### I. SUMMARY

Pursuant to Section 333(a) through (c) ("Section 333") ofthe FAAModernization and Reform Act of2012 ('ReformAct') and the Federal Aviation Administrations' ("FAA") general exemption authority under49 U.S.C. §447019FO, Chris Kunkle dBA AeroOptix ("Petitioner") petitions for exemption from 14 Code ofFederal Regulations ("CFR") sections: 61.113(a) & (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(l), 91.119(c), 91.121, 91.151, 91.203(a) & (b), 91.405(a), 91.407(a)(l), 91.409(a)(2), 91.417(a) & (b). The proposed exemptions, ifgranted, would allow Petitioner to operate small unmanned aircraft systems ("UAS") weighing 55 pounds orless for the purpose ofaerial photography and closed-set filming for motionpictures, music videos, web videos, corporate videos, real estate marketing videos, televisionprograms andcommercials, and still photography. Additionally the collection ofagriculture and conservation supporting scientific data in FAA approved COA's.

Based onthe size ofthe Petitioner's UAS, the qualifications and the experience ofthe Petitioner's UAS operators, and the restricted, sterile environment within which the Petitionerwill operate, the requested exemptions fall squarely within the zone ofsafety envisionedby Congress and set forth in Section 333. Additionally, enhanced safety achieved byreplacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers orcrew and operated under specific guidelines andprocedures proposed byPetitioner, gives the FAAgood cause to fmd the UAS operations enable bythis petition are inthe publics best interest. Moreover, the requested exemptions are similar in all the material aspects to the request for which exemptions have been previously granted, e.g., Exemption Nos. 11289, 11062, 11109, 111112, 11213. Thus, the requested exemptions should be granted.


### II. IDENTITY OF PETITIONER

Chris Kunkle dBA AeroOptix is a Californiabased sole proprietorship owed and operated by a certified pilot and small business owner. The owner has over 15 years in the aviation industry andunderstands the safety and importance offollowing strict guidelines.


### Ill. STATUTORYAUTHORITY FORExEMPTION

. The Administrator ofthe Federal Aviation Administration ("FAA") possesses both

general and specific authority to grant the requested exemption.
First, the FAA Administratormay exempt an operator from FAA safety regulations and minimum standards when the Administrator concludes the exemption is in the public interest. See 49U.S.C. §§ 106(t), 40113, 44701(±) (permitting exemptions from §§ 44701(a), (b) and§§ 44702-44716, et seq.). A party requesting an exemption must explain whythe exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (orhow it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemptions).

### 3

Second, Section 333 ofthe Reform Act specifically authorizes the FAAAdministrator to grant exemptions for the operation ofUAS. Indeed, the Reform Act directs the Administrator to (1) undertake formal rulemak:ing to speedup the integration ofUAS into the national airspace ('NAS") but in the meanwhile, (2) to permit unmanned aircraft systems to operate in the NAS ifdoing is in the publics best interest, does notpose a threat to national security, and does not create a hazard to users ofthe NAS, taking into consideration the following:

• The UAS's size, weight, speed, and operational capability.

• How close the UAS would operate to airports andpopulated areas.
• That the operator would keep the UAS inhis direct, visual line ofsight. Thus, the FAAhas full authority to grantthe requested exemptions.
Specific Regulations for Which anExemption is Sought


### IV. PETITIONERREQ!JESTS EXEMPTIONS FROMTHE FOLLOWING REGULATIONS:

Section 

### 61.113 prescribes the "noperson who holds a private pilot certificate may act as a pilotin command ofan aircraft that is carrying passengers orproperty for compensation
orhire; normaythatperson, for compensation or hire, act as pilot in command ofan aircraft," (see Section 61.113(a)), and that "privatepilot may, for compensation orhire, act as pilot in command ofan aircraft in connection with any business oremployment if: (1) the flight is only incidental to thatbusiness oremployment; and (2) the aircraft does not carry passengers orproperty for compensation orhire," (see Section 61.113(b)).

Section 

### 61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a prevision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in command ofan aircraft "[ f] orcompensation orhire."

Section 

### 91.103(b)(l) prescribes, inpertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, "forany flight, runway lengths at airports ofintended October 1, 2014 use, and the following takeoffand landing distance information:

... For civil aircraft for which approved Airplane or 5 RotorcraftFlightManual containing takeoffand landing distance data is required, the take offand landing distance date contained therein."

Section 

### 91.119(c) prescribes that, except when necessary for takeoffor landing, no person may operate an aircraftbelow the following altitudes: "Over other than congested
areas. AnAltitude of500 feet above the service, except over open water or sparsely populated areas. Inthose cases, the aircraft maynotbe operated closerthan 500 feet to anyperson, vessel, vehicle, or structure.

### 4

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude byreference to an altimeter that is set "to the elevation ofthe departure airport or an appropriate altimeter setting available before departure."

Section 91.151(a) prescribes that no person maybegin a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly the first point ofthe 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 for at least45 minutes.

Section 91.203 prohibits, in subpart (a), any person operating a civil aircraft unless ithas within it (1) an appropriate and current airworthiness certificate; and (2) and effective U.S. registration certificate issued to its owner or, for operation within the United State, the second copy ofthe Aircraft Registration Application as provided for in October 1, §47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issuedunder §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to the passengers orcrew.
Section 91.405(a) requires, in pertinent part, that an aircraft operator orowner shall have the aircraft inspected as prescribed in subpart (e) ofthe same part and shall, between required inspections, except as provided inparagraph (c) ofthe same section, have discrepancies repaired as prescribed in Part43 ofthe chapter.

Section 91.407(a)(1) prohibits, inpertinent part, anyperson from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless ithas been approved for return to service by a person authorized under §43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that noperson may operate an aircraft unless, within the preceding 12 calendarmonths, it had an inspection for the issuance of
an airworthiness certificate in accordance with part 21 ofthis chapter.

Sections 91.417(a) and (b) prescribes, in pertinent part, that-
(a) Each registered owner oroperator shall keep the following records for the periods specified in paragraph (b) ofthis section: 1. Records ofthe maintenance, preventative maintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and other or approved inspection, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must includei. A description (orreference to the data accepted to the Administrator) ofthe workperformed; and 

### ii. The date ofcompletion ofthe workperformed; andiii. The signature, and certificate number ofthe person approving the aircraft for return for service 2. Records containing the following information:
1. The total time in service ofthe airframe, each engine, each propeller, and eachrotor. ii. The current status ofthe life-limitedparts ofeach airframe, engine, propeller, rotor, and appliance. iii. The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on specific time basis. 

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iv. The current inspection status ofthe aircraft, including the time since the last inspection requiredbythe inspectionprogram under which the aircraft and its appliances are maintained.
v. The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the 

### AD or safety directive number and revision date, ifthe AD or safety directive involves recurring action, the time and date when the next action is required. vi. Copies ofthe forms prescribedby §43.9(d) ofthis chapter for each major alternation to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: 1. Therecords specified in paragraph (a)(1) ofthis section shall be retaineduntil the work is repeated or supersededby the work for one year after the work is performed. 2. The records specified inparagraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. 3. A list ofdefects furnished to a registered owner or operator under §43.11 ofthis chapter shall be retaineduntil the defects are repaired and the aircraft is approved for return to service.



### V. PETITIONERS PROPOSED OPERATIONS SATISFY SECTION 

### 333

A. Unmanned Aircraft Systems

The UAS tobe operated underthis request are less than 55lbs. fully loaded, will be operated at a speed ofno more than 87 knots (see e

..g., Exemption No. 11289 (Birds Eye Solutions), p. 3, Condition ("C.") 3), carryneither a pilot norpassenger, carry no explosive materials or flammable liquids, and operate exclusivelywithin a secured area. Petitioner's UAS use a radio frequency spectrum for operating and control that complies withFederal Communications Commission ("FCC") requirements, andPetitionerhas integrated safety features into the UAS, as described in the Film and Motion Picture Flight Operations Manual ("FMPFOM") andAppendixA. Petitioner is tendering the FMPFOM under separate cover as a Confidential document as defmed in 14 C.F.R. §11.35(b). The entire FMPFOM contains confidential commercial andproprietary

### 6

information the Petitioner has not and shall not share. The Operating conditions and procedures contained in the Operations Manual are not available to the public and are protected from release under the Freedom oflnformationAct, 5 U.S.C. §552 et seq., and any otherrequirements establishedby the FAApursuant to Section 333 ofthe FAA Reform Act.

Petitioner's UAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in-flight failures. Ifa lost-link event occurs, including the loss ofground communications and/or the loss ofa GPS signal, Petitioner's UAS have the ability to perform a pre-coordinated, predictable, automated flight
maneuver and return to a predetermined location within a designated securityperimeter for landing. The UAS further have the ability to abort flight in the event ofunpredicted obstacles or emergencies. All flights will be terminated after maximum of30 minutes or with 25%remaining batterypower, whichever occurs first. Thus, good cause exists for granting Petitioner's requested relieffrom 14 C.F.R. §91.151(aO (setting forth fuel requirements for flight in VFR conditions).

Petitioner's UAS will be identifiedby serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.
Regarding Petitioner's request relieffrom 14 C.F.R. §91.121 (Altimeter Settings), Petitioner seeks such reliefbecause Petitionerwill not have a typical barometric altimeter onboard the UAS. Instead, altitude information will beprovided to the UAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraftto the groundbased on-screen display. The altitude information will be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encodedbarometric altimeter, radio altimeter, or any combination thereof. Priorto each light, a zero altitude initiation pointwill be established and confirmed for accuracyby the UAS PIC. Thus, good cause exists for granting the requestedrelieffrom C.F.R. §91.121.

Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized bythe applicant; an exemption from C.F.R. Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (ifnecessary) and meets the requirements for equivalent level ofsafety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate inthe restricted environment andunder the conditions and limitations proposedby the Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed or rotorcraft) operating with an airworthiness certificate issuedunder 14 C.F.R. Part 21, Subpart H, andnot subject to the proposed limitations and conditions.

Petitionerwill strictly comply with safety and maintenance procedures included in all applicable UAS manufacture's instructions and operating manuals. To the extent such information is not included in the guidelines developed by the manufactures, Petitioner will develop and document maintenance, overhaul, replacement, and inspection requirements, procedures to document and maintain maintenance records with regard toPetitioner's UAS, andUAS technician qualification criteria. Petitioner's operations manuals will include, maintenance requirements for petitioner's UAS, including "oncondition' maintenance andmodifications. In light ofthese mitigation factors, exemptions from 14 C.F.R. §§91.405(a), 91.407(a)(1) and 91.417(a) and 

### (b) are warranted.

B. UAS Pilot in Command 7

Petitioner's UAS pilot in command (PIC) shall hold at least a recreational, sportpilot license, private or commercial pilots license, and valid driver's license to satisfy the medical requirement. According to the FAA, "theFAA considers the overriding safety factor for the limited operations proposed bythe petitionerto be the airmanship skills acquired through VAS-specific flight cycles, flight time, and specific make andmodel experience, culminating in verification through testing." See exemptionNo. 11062, Regulatory DocketNo. FAA-2014-0352, atp. 18. With those factors inmind, Petitioner's UAS PIC shall be required to meet several conditions and limitations as outlined in the FMPFOM, including the following:

• The UAS PIC will have accumulated and logged a minimum of200 flight cycles and 25 hours oftotal time as a UAS pilot and atleast 10 hours logged as a UAS pilotwith a similarUS type (single blade or multirotor).

• The UAS PIC will have accumulated and logged a minimum offive hours of flight time with specific make andmodel ofthe UAS to be utilized for operations under the exemption and three takeoffs and landings in the preceding 90 days.

• The UAS PIC will have successfully completed the qualificationprocess as specific inthe operations manuals, to include a knowledge and skill set. Regarding Petitioner's requestedrelieffrom 14 C.F.R. § 91.7(a), it is Petitioner's understanding that Petitioner's UAS will notrequire an airworthiness certificate in accordance with 14 C.F.R Part 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary. To the extent such an exemption is deemednecessary, Petitioner asserts that it shouldbe granted in light ofthe safety ofthe procedures proposedherein. In accordance with the pertinentpart of 14 C.F.R. § 91.7

### (b), the operator in command ofPetitioner's UAS shall be responsible for determining whether the aircraft is in safe condition for flight. Petitioner's manuals for maintenance and operations shall include safety checklists to be used by the operator in commandprior to each flight.
Regarding Petitioner's requested relieffrom 14 C.F.R. §91.9(b)(2) (Civil aircraft flight manual, marking, andplacard and requirements §91.203(a) and (b), (Civil aircraft: certifications required), it Petitioner's understanding the relieffrom there regulation is no longernecessary in light ofthe FAAMemorandum "Interpretationregarding whether certain required documents maybe kept at the unmanned aircraft's control station.," dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for Petitioner's proposed operations, such exemption should be granted in light ofthe mitigation fact that Petitionerwill maintain the documents required under 14

### 8

C.F.R. §§91.0 and 91.203 at the UAS ground control station during flights. Additionally, 100% ofthe Petitioners operations will utilize a visual observer ('VO"). The Vo may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO andthe PIC will be able to communicate verbally at all times during operational flights.
Regarding Petitioner's requested relieffrom 14 C.F.R. §91.103(b)(l), Petitionerwill comply with the other applicable procedures and requirements stated in§ 91.103(a) and 

### (b). Specifically, the PIC will take all actions including weather, flight battery requirements, aircraftperformance data, and landing and takeoffdistances before initiation offlight. The PIC will also account for all relevant site-specific conditions in their preflight procedures. Risks presentedby sun glare will be mitigated bythe PIC and the VO's ability to see other air traffic and initiate a return-to-home sequence ifneeded.



### C. Operating Parameters ofPetitioner's UAS

Petitioner's UAS operations will be conducted within a sterile environment ofclosed-set filming. Inthis controlled environment, Petitioner's operations will remain withinVLOS ofthe PIC and Vo, below 400 feet AGL, and at speeds below 87 knots. See Exemption No. 11289, p 3, C. 3,4) onlyparticipating persons will bepermitted within the operating
area. Consistent with the relieftypically provided to manned operations underFAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitionerrequest relieffrom 14 C.F.R. §91.119© with respect to those participating persons, vehicles, and structures directly involved in the performance ofthe actual filming. Regarding distance from participating persons, the operations manuals set forth safety factors for authorized and consenting production personnel. Because those procedures are specific to participating persons, no further FSDO or aviation safety approval is necessary for reductions to the distances specified in the Petitioner's manual.
Regarding the distance from nonparticipating persons, Petitionerwill ensure that no persons are allowed within 500 feet ofthe operating area except those consenting to be involved and necessary for the filming production, with the possibility ofreducing this distance to no less than 200 feet ifitwould not adversely affect safety and the Administratorhas approved it. This is consistent with FAA Order 8900.1, V3, C8, Sl.

Petitionerwill not conduct UAS operations within 5 nautical miles ofthe geographic ofa non-towered airportunless a letter ofagreement with that airport's management is obtained and the operation is conducted in accordance with a Notice to Airman ("NOT AM"). Additionally, Petitionerwill not operate in Class B, CorD 13 airspace without a written approval from the FAA. Nor will Petitioner operate less than 500 feet below orless than 2,000 feet horizontally from cloud orwhen visibility is less than 3 statute miles from PIC.

Petitioner's UAS will remain clear and yield the right ofway to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing, activities, and hangliders).9

Although the Petitioner seeks to comply with the waiverprocess as described in the FAA Order 8900.1, V3, C8, Sl (Issue a Certificate ofWaiverfor Motion Picture and Television Filming), the current section ofOrder 8900.1 has specific processes that preclude ajurisdictional FAAFSDO from issuing the required Certificate ofWaiver, because the section did not originallyprovide for UAS operations. Thus, Petitioner seeks exceptions from the applicable regulations normally waived during that process. Petitionerproposes that the FAA include the require notifications and coordination with thejurisdictional FSDOs through the conditions and limitations accompanying the requested exemption, and the exemption sought herein will take theplace ofthe Certificate ofWaivernormally issued by ajurisdictional FSDO under 8900.1. Underthis rubric, Petitionerwill notify every FSDO withjurisdiction overthe area that the Petitionerplans to operate,just as with manned filming operations, andthose FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address any local concerns.
Petitioner will obtain an AirTraffic Organization ("ATO") issued Certificate ofWaiver
or Authorization ("CO 

### A'') priorto conduction any operations under this grant of exemption. InFulfilling its requirements underthe COA, Petitionerwill be required to request a NOT AM not more than 72 hours in advance, but not less than 48 hours prior to operation.



### D. The Requested Exemption Promotes the Public Interest

The enhanced safety achievedby replacing significantly largermanned aircraft carrying
crew andflammable fuel with small UAS carrying no passengers andno crew and operating under specific guidelines andprocedures proposedbyPetitioner gives the FAA good cause to fmd thatthe UAS operations enabledbythe instant Petition are in the public interest. Moreover, as the FAAhas already recognized, "UAS provide an additional tool for the filmmaking industry, Agriculture and Conservation adding a greater degree offlexibility, which supplements the current capabilities offeredby manned aircraft." See Exemption No. 11062, Regulatory DocketNo. FAA-2014-0352, at p.22.


### VI. PRIVACY

All flights will occur overprivate property or controlled access property with the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed orotherwise have agreed to be in area where filming will take place.


### VII. CONCLUSION

For the reasons explained above, the regulatory exemptions requested should be granted, andPetitioner shouldbe permittedto conduct small UAS operations for the purpose of closed-set filming for motionpictures, music videos, web videos, corporate videos, real

### 10

estate marketing videos, televisionprograms and commercials, and still photography using DJI S1000 withDJI A2 Flight Computer.
Respectfully submitted,

Chris Kunkle d.BA AeroOptix

# CL-IL/LChris Kunkle President

### 11

Appendix A- Flight Manual

Flight Restrictions 1. No flight will be made with a UAS gross weight exceeding 55 pounds; 2. All operations must occur inFAA approved airspace at no more than 400 feet AGL, at an airspeed ofno more that 87 knots and no further than % NM from PIC; 3. All operations must utilize a visual observer (VO). The VO and the PIC mustbe able to communicate verbally at all times during a flight operation; 4. Operations will be restricted to flight overprivate property with the permission ofthe property owner; 5. The PIC musthave accumulated and logged, in a matter consistent with 14 C.F.R. § 91.61.51(b), a minimum of 100 flight cycles and 25 hours oftotal time as a UArotorcraft pilot and atleast ten hours logged as a UApilotwith similar UAtype.; 6. All requiredpermits will be obtained from state and local government prior to operation; 7. The UA will notbe operated over densely populated areas; 8. The UA will not be operated at airshows; 9. The UA will not be operated over any open air assembly ofpeople; 10. The UA will not be operated heavily trafficked roads; 11. The UA will notbe operated within 5 NM ofan airport orheliport without written permission from the Airport Manager; 12. Operations will be restrictedto day and weather conditions equivalent to VFR; 13. The PIC will briefthe VO and property owner about the operations and risk before the first flight at each new location 

### 14. No flight maybe made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain that the UA Is in a condition safe for flight.

PIC Should Verify The Following Items Before Starting The Pre-Flight Process I. Verify COA is Approved 2. VerifyNOTAM Filed (ifapplicable) 3. Verify FSDO coordination completed 4. Verify closestUnicorn/Tower Frequency for monitoring Pre-Flight Checklist I. Check UA battery health using Hyperion EOS Sentry Battery Checker, confirming battery percentage is suitable for mission; 2. Check all wiring connections are tight; 3. Check all propellers are undamaged and no cracks exist in any structural members ofthe UA; 4. Tumradio controller on, move all control switches to forward or UP position and throttle control stick to natural position; 5. Plug in battery pack to UA 6. Await status light to confirm thatUA has connected to GPS satellites (no red flashes) and proper light sequence for desired flight mode; 7. Turn on camera.
Pre-TakeoffChecklist 1. Confirm navigations boom lights; 2. Confirm VO is ready; 3. Confirm area clearedofall non-essential personnel.