## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 1 of 10 

### Erick F. Larsen

Consultant to Helicinecam, Inc.

262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com November 9, 2015

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

Re: Request (Petition) for Exemption from Certain Regulations per Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14
C.F.R. Part 11, Helicinecam, Inc ( Helicinecam

, Petitioner, or Operator ) hereby applies for an exemption from the listed Federal Aviation Regulations (FARs ) to allow busi ness use (commercial operation) of its fleet of Unoccupied (unmanned) Aerial System (UAS), so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I. INTRODU CTION

Petitioner Helicinecam, Inc

. is a California corporation with the fo llowing contact information, operating worldwide and at:

Helicinecam, Inc.

Sean Yun | Founder

- CEO

10059 Yolanda Ave. Northridge, Ca 91324

818

- 395

- 0880

info@helicinecam.com

http://www.helicinecam.com/ https://www.facebook.com/helicinecam

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 2 of 10 Helicinecam is a Los Angeles, California based ae rial cinematography Production Company with a team of highly skilled and creative multicopter pilots and professional cinematographers, conveniently located in the heart of Hollywood.

Helicinecam uses only the latest technology, diverse multicopters of ev ery size and type, and state of the art brushless gimbals to capture and compose perfect cinematography exactly as their client’s envision. The Helicinecam team has many years of experience building and safely piloting multicopters ; and with a multitude of aerial and ground based cutting edge cameras.

Helicinecam is able to provide aerial productions and still photographs of the highest quality and at the safest and most efficient production level with its fleet of diverse rotorcraft, including DJI S1000

O ctocopters. Aerial cinematography by Helicinecam instantly increases the production value of any project.

Small business is the backbone of America. Through years of UAS commercial experience, petitioner

, Helicinecam

, has develo ped numerous diverse client s in need of safe and lawful

commercial UAS aerial data collection (ADC) services. Growth of p etitioner’s small UAS business will provide new jobs and an increased level of safety to clients currently in need of UAS ADC commercial services. Existing FAA UA S policy bars Petitioner from continuing to provide civil UAS

ADC commercial services in the absence of the requested exemption.

Petitioner seeks to operate its fleet of UAS to conduct aerial data collection (ADC) which includes any remote sensing and me asuring by an instrument(s) aboard the unmanned aircraft (UA). Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any othe r gathering of data by instruments aboard the UA.

In particular Petitioner seeks authorization to conduct commercial UAS training and remote ADC, mapping, surveying, photography, filming, demonstrations, training, surveying, spraying, sampling, measuring, and inspections of (or for):

1.) Construction, architectural, engineering, insurance, risk management, security, real estate, resort, golf, cemetery, entertainment, sports, utility, energy (oil, gas, solar, wind, & electric), hydro (water), transportati on (port, rail, truck, & bus), mining, bridge, telecommunications, agriculture (farming, ranching, & growing) flare stack, platform, tower, pole, and pipeline infrastructure, structures, sites, systems, features and operations; and,

2.) Recreational, com mercial, governmental, Emergency Management Agencies (EMA) and entities; and,

3 .) Closed

- set motion picture and television (MPT) filming and production which must be conducted pursuant to petitioner’s FOM, petitioner’s operating documents, and the motion picture
and television operations manual (MPTOM) special operating provisions (Appendix AA of petitioner’s FOM); and,

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 3 of 10 4.) Environmental, scientific, conservation, climate change, natural

resource, wildlife, oceanographic, forestry, weather, search & re scue, emergency services, humanitarian relief, public & private entity support, assistance and monitoring
of infrastructure, structures, sites, systems, features, and operations; and,

5.) Research, education, crew training, development, testing, certific ation, and validation of safe and lawful commercial, hobby, and recreational UAS curriculum, education, and safe flight training, demonstrations, and events involving UAS design, manufacture, assembly, purchase, sale, maintenance, repair, inspection, safe operation, record keeping, and required FAA documentation.

Hereinafter, 1 through 5, above, referred to as petitioner’s "proposed operations".

In support of its application, petitioner confidentially submits its proprietary and confidential Flight Operat ions Manual (FOM), MPTOM, and references to manufacturers’ model specific aircraft documentation (operating documents) for each aircraft in its base fleet of f ive ( 5 ) UAS aircraft ( base fleet) as shown in the table immediately below:

In order to remain commercially competitive with other Los Angeles, California based aerial cinematography Production Compani es, such as Drone Fleet & Aerospace Management, Inc

, Exemption No. 11253 Regulatory Doc ket No. FAA−2014−0817 (issued April 2, 2015), and other ADC companies globally, petitioner also seeks exemptions for proposed operations of its extended UAS
fleet (fleet) as described and listed in A ppendix A to this petition.

Commercial operations of any other type of aircraft require a new or amended FAA 333 petition. Each of the above UAS in petitioner’s base fleet is in the process of being duly registered with the FAA which will assign registration numbers shortly. N

Number Serial

Num ber Manufacturer Name

Model Name

Address

TBD TBD DJI

S1000 Helicinecam, Inc.

TBD TBD DJI Inspire 1 Helicinecam, Inc.

TBD TBD DJI Inspire 1 Professional X5 Helicinecam, Inc.

TBD TBD DJI
Phantom 3 Professional Helicinecam, Inc.

TBD TBD DJ I
Phantom 3 Advanced Helicinecam, Inc.

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 4 of 10 Specific Regulations for which an exemption is sought:

14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.119 (b) & (c)

14 CPR 91. 121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CPR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

II. PETITIONER’S PROPOSED OPERATIONS DO NOT CREATE SI GNIFICANT HAZARDS

Each UAS utilized by Petitioner is an electric multi

- rotor craft, weighing less than 55 lbs. including ADC payload (or has been previously approved by the FAA for commercial operations)

. Each operates at a speed of no more than 100 mph ( 87 knots) and has the capability to hover, and/or

move in a vertical and hori zontal plane simultaneously. Each will only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level (AGL), and will operate only over private or

contro lled access property with permission from the owner/controller of the property or authorized representative.

During petitioner’s proposed operations the site will be secured and non

- participants will be kept at least 500 feet away from the operation unles s barriers or structures are present that sufficiently
protect non

- participants in the event of an accident or loss of control.

Helicinecam has drafted, and submits confidentially, its proprietary Flight Operations Manual (FOM) and M otion Picture and T ele vision O perations M anual (MPTOM) which set forth safety considerations, training, general and specific operating procedures, specifications, inspection, maintenance, setup of the UAS, and other proprietary procedures for the proposed UAS operations.

III. PE TITIONER'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST

The FAA has issued a Grant of Exemption s to FalconSkyCam

, Exemption No. 11195

, Docket No FAA

2014

- 0884 (March 6, 2015) and to Measure, a 32 Advisors Company, LLC

, Exemption No. 12646

, Docket No. FA A

– 2015

– 1602 ( August 28, 2015 ), for operations that are substantially similar to those proposed herein. In issuing the Grant to FalconSkyCam , the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a UAS with the specificat ions described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this ex emption is in the public interest."

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption summarily and without delay.

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 5 of 10 IV. EQUIVALENT LEVEL OF SAFETY

Helicinecam proposes that i t s fleet of UAS

, with the characteristics a nd as operated with the limitations listed below, provide for at least an equivalent or even higher level of safety to operations under the current regulatory framework.

These limitations and conditions to which Petitioner agrees to be bound when conducti ng commercial operations under an FAA issued exemption include:

1.) Each UAS utilized by Petitioner will weigh Less than 55 lbs, operate at a speed of no more than 100 mph (87 knots), and will remain under 400 ft. (AGL). 2.) Flights will be operated only during d aylight hours, only in visual meteorological conditions, and only within visual line of sight (VLOS) of the pilot in command (PIC) of the UAS. 3.) All operations will utilize a visual observer (VO) in addition to the pilot in command (PIC). 4.) Maximum total fligh t time for each operational flight will be approximately 30 minutes, or when the Low Battery warning activates.

V. EXEMPTIONS REQUESTED

14 C.F.R. § 61.113 (a) and (b): Private, Recreational, or Sport vs. Commercial Pilot Certificates

Sections 61.113 (a) an d (b) prohibit private , recreational, or sport certified pilots from operating a traditional aircraft for compensation or hire. Petitioner proposes that its PIC will have at least a private , recreational, or sport pilot’s certificate, and a current FAA med ical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or

the Federal government. Petitioner’s PIC will also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Petitioner will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under petition er’s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Dedica ted UAS f lights for the purposes of training the petitioner’s PICs and VOs (training, proficiency, and experience

- building) and for determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS

will be operated under petit ioner’s exemption are requested by petitioner to be allowed under the terms of this exemption.

Petitioner further proposes that such PIC and VO training operations will only be conducted during dedicated training sessions. During training, proficiency, a nd experience

- building flights, all persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §

91.119.

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 6 of 10 Based upon the above and for the reasons set forth in the FAA's grant of an exemption to Astraeus Aerial, Petitioner does not believe a commercial pilot certificate is necessary for the operations it intends to conduct. See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, Petitioner requests an exemption from 14 C.F.R. § 61.113 (a) and (b).

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and pla ces responsibility for

airworthiness determina tions on the PIC. Petitioner’s UAS will not have an airworthiness certificate, and there is no FAA regulatory standard for determining airworthiness of the UAS. Additionally, Petitioner's operating documents, i ncludi ng FOM, set forth inspection and maintenance procedures to ensure airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from section 91.7 to Total Safety U.S., Inc., Helicinecam requests an exemption from 14
CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Sec tion 91.119 (b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. To the extent that Petitioner’s proposed operations

would be considered to be in "co ngested areas," Petitioner's operati onal procedures, including FOM and MPTOM, and the size, weight and speed of the petitioner’s fleet of UAS, provide an equivalent level of safety such that the proposed operations at lower altitudes should be allowed.

As described in its Flight Operations Manual (FOM), Helicinecam will establish a 500' buffer/sterile area for its operations that will exclude personnel not associated with the operations. Petitioner

will also exercise additional control over the sterile are a as needed, as set forth in the FOM. Consequently, Helicinecam believes these procedures will reduce or eliminate any potential adverse impacts to safety for o perations in congested areas. Helicinecam therefore requests an exemption from 14 CFR § 91.119(b ).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 feet to any person, vessel, vehicle or structure. Since this exemption is

for UAS that fly similarly to a helicopter and requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such proposed operations.

The equivalent level of safety will be achieved given the size, weight, speed of each of petitioner’s

UAS as well as the location where they wi ll be operated. As discussed above, p etitioner’s FOM provides for establishment of a sterile area, including safety buffers of 500 feet for personnel not associated with the operation. Helicinecam there fore requests an exemption from Section 91.119(c) for all authorized personnel associated with the proposed operations.

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 7 of 10 14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain a cruising altitude by

reference to an altimeter that is set "... to the elevati on of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a constant GPS altitude read out, an exemption is requested.

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 landi ng, 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."

Maximum total flight time for each of the proposed operations will be no more than approx imately 30 minutes. Flights will be safely landed when the battery falls below its nominal voltage, should that occur prior to completion of the operation. Each of petitioner’s UAS has a constant battery voltage display and a Low Voltage LED Warning which alerts when the battery reaches pre

determined levels. This battery level would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area when the Low Voltage Warning

alerts.

For these reasons, Helicin ecam requests an exemption from 14 C.F.R. § 91.151 (a). Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and

10808.

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

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 discrepancies re paired as prescr ibed in part 43 of this chapter ...," and others shall inspect or maintain the aircraft in compliance with Part 43.

As provided in petitioner’s FOM, the operator and the PIC will ensure that the UAS is in working order prior to initiating e ach flight, and the operator will perform required maintenance and inspections, and keep a log of any maintenance performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration (FAA) has issued numerous prior exemptions f or many different types of UAS and UAS operations. In those exemptions, the agency noted that exemptions from certain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UAS] and its operation."

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 8 of 10 Based upon the FAA's guidance and the fact that each of petitioner’s UAS is even smaller and slower than many of those UAS in previously issued exemptions, Petitioner believes exemptions from the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 14 C.F.R. § 45.23 (b): Marking of the Aircraft. 14 C.F.R. §91.7(b): Civil aircraft airworthiness. 14 C.F.R. §91.109: Flight instruction.

Helicinecam also believes that an exemption from 14 C.F.R. § 91.103: Preflig ht Action is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safety w ill be provided as set forth in petitioner’s FOM , MPTOM and operating documents submitted as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant's operating documents demonstrate compliance with § 91.1 03, and therefore an exemption from the regulation was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

As detailed in its operating documents, petitioner's PIC will take all a ctions including reviewing weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently, in light of this agency's prior finding in Tot al Safety U.S., Inc., Helicinecam does not believe an exemption from 14 C.F.R. § 91.103 is necessary.

If it is determined that the petitioner does require exemptions from any of t he above provisions

from which it has herein stated that it believes no exemption is required: Petitioner requests that such exemptions be granted upon the basis of all that it has stated in this petition and in its operating documents.

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

Petitioner seeks an exemption from the following rules: 14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.119 (b) and (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data collection (ADC) which includes any remote sensing and measuring by an instrument(s) aboard the Unoccupied (Unmanned) Aircraft (UA). Examples include imagery (photography, video, infrared, etc.), electronic meas urement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

Privacy

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 9 of 10 All of the proposed operations, UAS flights, will occur only over private or contr olled access property with permission from the owner/controller of the property or authorized representative. Petitioner’s proposed operations will be conducted in accordance with all applicable laws and regulations governing privacy at the venue of

the fl ight operation.

VII. CONCLUSION

Helicinecam has requested to use its fleet of UAS for aerial data collection (ADC). The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. In Grants o f Exemption Nos. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA−2014−0507), 11112 to VDOS Global,

LLC ( see Docket No. FAA−2014−0382), 12646 to Measure, a 32 Advisors Company, LLC, ( see Docket

No. FAA

– 2015

– 1602 ), and 11213 to Aeryon Labs, Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a man ned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good

cause to find that the UAS fleet operation enabled by granting an exemption to petitioner is in the public interest.

Upon review of Helicine cam ’s reasons for requesting this exemption, It reasonably should be

determined that:

1.) They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 12646

, and 11213; 2.) The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112,
12646, and 11213 also apply to the situation petitioner presents; and 3.) A grant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, H elicinecam should be granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner’s proposed operations.

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 daylight UA S operations to within visual line of sight (VLOS) and national security

- provide more than adequate justification to grant the requested exemptions allowing the proposed operations in the NAS by petitioner

, Helicinecam, Inc.

Respectfully,

/Signed/

## Helicinecam, Inc

- Sean Yun

- 333 Petition

Novemb er 9, 2015 P a g e | 10 of 10 

### Eri ck F. Larsen

Consultant to Helicinecam, Inc.

262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com