September 9, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

From: Stu and Drew Productions, LLC

298 Grove St. Charleston, SC 29403 Phone: (843)291

- 27 43 Email: stuart@stuanddrew.com

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) & (b); 91.7 (a); 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) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

, Stu and Drew Productions LLC, a limited liability company registered in the State of South Carolina (henceforth referred to a s Stu and Drew), a commercial cinematography and production company and operators of Small Unmanned Aircraft Systems (“sUAS”), hereby apply for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined herein or as my be established by the FAA as required by Section 333.

Stu and Drew requests exemption from the below listed FARs for the purpose of operating our privately own ed sUAS, which are equipped with digital video cameras for the following

commercial purposes:

1. Aerial video and/or photography for public and/or private use including but not limited to cinematography for television, motion picture and all reasonably as sumed

subsets of the two.

Stu and Drew currently operates one (1) sUAS but has plans to include more sUAS, operating for the same above stated purposes, to it s inventory in the future and would like to request exemption for not only the current sUAS being operated by Stu and Drew but all future sUAS to be operated by Stu and Drew.Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The sUAS currently owned and operated by Stu and Drew is manufactured by China based Da

Jiang Innovations Science and Technology Co., Ltd (referred to as DJI) and is a multi

- rotor single operator sUAS with the model name of PHANTOM 3 PROFESSIONAL. The sUAS has the following specifications

-



### • Total weight less than 55lbs including payload (actual we ight without payload is 2.8 lbs)



### • Flight time of 23 minutes maximum



### • Ability to hover independently of operator control



### • Horizontal and vertical movement



### • Diagonal length of 590mm



### • Maximum Ascent speed of 5m/s



### • Maximum Descent speed of 3m/s



### • An effective range of 6,562ft



### • GPS mode

– GPS/GLONASS



### • “Return to Home” safety feature to safely land the sUAS in the case of operator error and or/incapacitationStu and Drew operate the sUAS under strict guidelines to ensure the safety of the operating

crew, on set personal, bystanders, property and the general public. Stu and Drew operates the sUAS in the following manner

-



### • One (1) designated sUAS operator/pilot



### • One (1) to two (2) spotters/visual observer



### • Spotters work to ensure that the fight path is clear and safe before, during and after flight.



### • Spotters work with operator to map out the sUAS flight path before sUAS flight.



### • Spotters and Operator communicate with hands free personal Two

- way Radios and all times during flight.



### • sUAS operates at all times at no more than 400f t above ground level (AGL)



### • sUAS operates at all times within line of sight of the Spotter(s) and the sUAS Operator



### • All persons involved with the operation of the sUAS, including but not limited to

- sUAS operator, spotters, on set personnel (cast, crew, ob servers) will have given written or verbal consent to be positioned within the effective sUAS flight path and/or operating area before sUAS flight commences.



### • The operator and spotter(s) will be trained in the operation of sUAS and will maintain

constant co mmunication during operation of sUAS.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificate s as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and

Sect ion 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, oper ational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these

criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted

environment and under the cond itions proposed will be at least as safe, or safer, than a

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without

the restrictions and conditions proposed.The sUAS to be operated hereunder is less than 55 lb s. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly co ntrolled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public a nd property owners than conventional operations conducted with airworthiness certificates issued

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that

there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When mark s include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each e ntrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthin ess certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with § 45.29(f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by § 45.29 (f) where the pilot, observer and others working with the sUAS will see the

identi fication of the sUAS as “Experimental.”

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting

sk ills. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the sUAS.14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted , no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraf t Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the air craft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, n ot only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying th e sUAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be prov ided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation

of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, by thei r design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with

the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter c omplies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whos e height exceeds 400 feet AGL, the sUAS

will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations wit hout their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property

owner or local official s. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the sU AS will ensure separation between these small

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires 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.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 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 f ly to the first point of 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 that for at least 45 minutes.”

The battery powering the sUAS provides approximate ly 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed ope rations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and
property owners or official representatives who have signed waivers will be allowed, with less

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was

intended to allevi ate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting fli ghts to 30 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Air craft Certification and Registration

The regulation provides in pertinent part:



### (a) Except as 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 passengers or crew.

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

them on the sUAS.

An equivalent level of safety wi ll be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Mainten ance Inspections.

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

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will

ensure that the sUAS is in working order prior to i nitiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent l evel of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the oper ator will ensure that the sUAS is in working order prior to initiating flight and perform required maintenance needed.

Stu and Drew will operate in accordance with all Federal, State and Local ordinance, regulations

and guidelines.

Stu and Drew believes it has provided sufficient and adequate cause to be granted the above requested exemptions for the operation of sUAS and the betterment of their business.

Sincerely,

Stuart White

Owner

– Stu and Drew Productions