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DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE., SE WASHINGTON, DC 20590

**PETITION FOR EXEMPTION OF:**



## Myers Video Production

**(Sole Proprietor)**

**FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  **THE FAA REFORM ACT AND**  **PART 11 OF THE FEDER AL AVIATION REGULATI** **ONS FROM TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a);**

**91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).**  **CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS** 

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION**  **AND REFORM ACT OF 2012 (PUBLIC LAW 112 -**  **95)**

Submitted on January

22 , 2016 Myers Video Production 909 W. Grove Pkwy

APT 1034 Tempe, AZ 85283 Attn: Mike Myers Mike@mvpwebsite.com 623

- 694

- 59972



## ABBREVIA

**TIONS**
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL MVP Loss of Link

Myers Video Production NAS National Airspace System NOTAM Notice To Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures sUAS Small Unmanned Aircraft System sUAV Small Unmanned Aircraft Vehicle UA Unmanned Aircraft UAS Unmanned Aircraft System UAV Unmanned Aircraft Vehicle VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions 

## INTRODUCTION **AND REASON FOR PETITION** Myers Video Production (MVP) seeks to petition for Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11 . Myers Video Production is ready to offer commercial UAS operations while providing the level of safety required by the FAA. As stated below this ex emption would allow MVP to operate a UAS/UAV under controlled conditions set forth by the FAA and would provide the necessary s afety requirements. MVP believes this would provide a higher level of safety for its operators and civilians as this would allow the UAV to enter areas that coul d cause harm to its employees ( climbing high or dangerous structures or to larger aircraft operating in smaller areas with flammable gas on board) Approval of this exemption would thereb y enhance safety

and fulfill the Secretary o f Transportation’s responsibilities to “...3

establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. 1 

### sUAV/UAS Requested **for use:** Current Model: 3D Robotics Solo Other possible sUAV/UAS: 3D Robotics X8+ 3D Robotics X8

- M 3D Robotics Y6 DJI

- F450 DJI

- F550 DJI

- Inspire 1 DJI

– Matrice 100 DJI

- Phantom 2 DJI

- Phantom 3 DJI

– Spreading Wings S800 DJI

– Spreading Wings S900 DJI

– Spreading Wings S1000 DJI

– Spreading Wings S1000+ **Commercial Purpose:** This request would allow MVP to operate a SUAV for the purposes of aerial inspection, photography and videography o f residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure, filmmaking, cinematography, and videography, forestry monitoring, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for s afety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed, aerial video and photography for public and private use including television, public events, and cinematography live feed **Regulations from which the Exemption Relief is requested:**  14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 91.151 (a) 14 C.F.R. § 61.133(a) 14 C.F.R. § 91.405 (a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 407 (a) (1) 14 C.F. R.§ 91.119 14 C.F.R. § 409 (a) (2) 14 C.F.R. § 91.121 14 C.F.R. § 417 (a) & (b)4

**P etitioner:**  Michael M yers 909 West Grove PKWY APT 1034 Tempe AZ 85283 

### Background **:** Myers Video Production is a Sole Proprietor business owned and operated by M ichael Myers for over 5 ye ars. Michael Myers is a professional and acts as such on any project he undertakes for his clientele. Michael Myers is a contracted photographer for the Arizona Cardinals and has done freelance work for businesses such as ESPN, CSN, NCAA, National Football Playoffs, Super Bowl XLIX, News Aerial Photojournalism for AZ News Channels 3, 5, and 12, and local film production. While Flying as a news Photojournali st Michael Myers gained a profound respect and commitment to follow the rules set by

the FAA and has seen how they provide the safest outcomes for both aircraft and civilians. Myers Video Production’s portfolio extends to Corporate, Healthcare/Medical, Manufacturing/Processing, Educational and Government Institutions, Nonprofit and Faith Based Organizations, Wildlife and Game Organizations, and Professional Sports. These experiences provide MVP a clear understanding of the rules set in an industry

. Myers Video Production is looking to add drone videography to their job services to elevate their business as well as give their clients an edge on technology w ith better cost effective marketing strategies. Myers Video Production operates a 3d Robotics smart drone that provides another level of safety and is also actively s eeking to follow the proper policy

and procedures outlined by the federal government and the FAA on rules and regulations when it comes to occup ying national airspace. Myers Video Production has a commitment to safety and follows maintenance and on site procedures to make sure the highest level of safety is achieved. Inthe past Michael Myers has worked on shows such as “American Daredevil” where he was placed 150 feet from a bus/car explosi on for the show. With the use of a sUAV that distance could have been a much safer proximity to provide the same resulting shot. **Commitment to Safety :**  MVP believes that a high level of safety by an experienced and properly l icensed UAV/UAS operator will provide civilians/future operators with a better understanding of the rules and show them proper use of a UAV/UAS to differ users from using the UAV/UAS from harmful activities.5

MVP wishes to use the UAV to provide shots that would otherwise put the camera operator in harms way

. 1) Climbing to the heights or places a sUAV/UAS can reach with ease provide much less risk to the operator and civilians below. 2) The sUAV/UAS can be in closer proximity

to hazardous conditions without risk to the operator, hazardous conditions could include a test site for an explosive or fire. **Expertise & Experience :**  Michael Myers is an experienced videographer working with many of the industries most advanced imaging solutions and handles each piece of equipment with care and respect to the environment it is being used in. As such, MVP will take this same professionalism into the public arena if granted the 333 exemption. Michael Myers has been in use of drones for over two ye ars and is a proficient operator.



## The Exemption **Request** MVP will use sUAVs for video and photo capture for commercial uses. MVP wishes to provide the best level of service to his customers for their promoti on and feels that the addition of aerial footage would enhance their marketing efforts. The imagery

and video will be us ed for aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography

o f utility

infrastructure, filmmaking, cinematography, and videography, fores try monitoring, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security o f controlled environment of various sites, aerial video and live video feed, aerial video and photography for public and private use including television, public events, and cinematography live feed

. The UAS will be operated by a Myers Video Production to achieve shots with a birds eye view. With a drone weighing 3 lbs it is well within the 55 lb limit and would be achieving average speeds of 10

- 15 mph . This places it we ll within the zone for safety. MVP is asking to be considered for Reform Act § 333 (a). I f the Secretary determines that such vehicles “may

operate safel y in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) As stated in 49 U.S.C. §44701(f) ( See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1) ) MVP believes that with an exemption it would be operating in the publics best interest and at the proper level of safety required b y the FAA Myers Video Production in filing this application is asking that the FAA combine the grant of the Section 333 exemption with a standard Certificate of Operation (COA) that6

will al low commercial operations of Myers Video Production’ s sUAV without needing to file for a COA per individual, unless that flight is in an area not approved by the exemption. Myers Video Production agrees to keep all flights below 400AGLand further than 5 miles from the center of all airports. MVP’s sUAV has GEO fenc ing, speed boundaries, and set gps flights to provide the safest fl ying.


### Operator Requirements **:** As the sUAV provides a high level of safety and smart features Myers Video Production operators should not be required to hold a private pilot license. Reasoning: 1) MVP believes that the operator should know how to operate the sUAV in a safe manor and knowing how to operate a large manned aircraft is inconsistent/redundant with the skills required to operate a sUAV. 2) MVP uses a smart drone that can fl y with predetermined gps coordinates, a fail safe return to home feature, a line of sight ( 900 ft ) operating distance, as well as other security mechanisms. Given the sUAV safety features outlined below, Myers Video Production proposes that its operations under this Exemption request should not be required to hold a commercial or private pilot certification. The sUAVs operated by

MVP have course -plotting and intelligent control systems that allow the sUAVs to perform very accurate flight processes . In the case of an emergency the sUAVs have pre -programmed home features that allow the drone to safel y return home and land where it took off from. The sUAV also has a safety feature to stop all motion and hover in place or to land in its current location. Additional automated safety f unctions and safety

enhancing features of the advanced sUAVs may

include the following: I. Low power on the sUAV alarms the operator at 25% and 10% levels. II. Auto

-pilot detection of lost GPS or of insufficient satellites does not allow flight. III. The aircraft weighs approx. 3lbs which is far below the 55 lb limit. IV

. The aircraft will operate within the height limits of 400 AGL ( which is limited by

gps boundaries) , but remain at an average of 150

- 200 AGL Myers Video Production also asks that the exemption be issued without the need for a visual observer. MVP believes the per

- determined flight path, safety features, mixed with the low speed of the aircraft and the control capabilities prevent the need for the visual observer. Operator will always have the aircraft in his or her direct sight.7



### Aircraft **Safety:** Myers Video Production believes these features provide the level of safety o r an even greater level of safety to meet the current regulations. MVP sees that these techonological advances provide a safer way to capture photo/video. These conditions are drawn from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recent as 11857. MVP agrees to the limitations and conditions when conducting commercial sUAV video/photo work under the FAA exemption:

I. Operations authorized by this grant of exemption are limited to a 55 lb sUAV . II. The sUAV is not to exceed 30 mpg, 10 mph in testing. III. The sUAV must be operated at a max height of 400 AGLand will be enforced b y a geofence. IV

. The sUAV will be in unaided VLOS at all times. V. sUAV inspection before all flights to make sure all parts at performing as excepted. VI

. Any

part replacement will undergo a test flight. VII. Carry

out maintenance, inspections, and record keeping requirements in accordance with the Operator’s Manuals VIII. If the sUAV loses communications or loses its GPS signal, the UA

must return to its “Home” Location. IX

. The Aircraft Operator will abort flight in emergency or unsafe conditions. X. All aircraft operated in accordance with the exemption must be branded by

serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings need to be readable without the use of tools. XI

. The radio frequency must comply

with the FCC.8
XII. All documents of exemption and registration must be available from the operator to any applicable law officer. XIII. The sUAV must yi eld to any m anned operations such as vehicles, parachutes, parasailing, hang gliders, etc. XIV. sUAV may

not fl y at night. XV. Operation may not take place within 5 miles of the center of an airport. XVI. It is the Operator’s responsibility to maintain the minimum safe altitudes require d by

§ 91.119 (d) (1). XVII. Flights may

not be 500 feet from non

-participating persons, vehicles, or structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The Aircraft Operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 30 feet of the UA, flight operations must cease immediatel y and/or; b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and/or the Aircraft Operator has made a safety assessment of the risk of operating closer to those objects and;
c. Operations near the Aircraft Operator do not present an undue hazard to the Operator per § 91.119(a). **XVIII.** Any

accident or operation outside of the COA must be reported to the FAA’s UAS Integration Office within 24 hours. 

### Specific Uses Public Benefits Myers Video Production proposes use of its sUAV provided equal or increased levels of safety for each of the uses proposed: The present systems of photography and videography leave operators climbing large and sometimes unsafe structures, Hanging from un safe heights such as rooftops, or leave the need to breach unsafe gaps that can harm both the operator and his/her equipment. These operations can be steep, tall, slippery, weakened or otherwise hazardous. The use of an SUAV provides the operator a safe and time productive way to capture the necessary images to fulfill their job.9

The use of manned aircraft can provide a much more dangerous solution as they are traveling at a much higher speed and carry explosive gas. sUAV do not carry explosive gas or c arry such speeds as a manned aircraft and with the required shots that are taken less than 400 feet, the sUAV provides a much safer alternative to capture footage below 400 feet to the operator and the public. sUAV can also provide a safe distance for the operator from test or film sites that contain explosives, flammables, or high speed driving in a predetermined confined area.



### Equivalent Level of Safety **14 C.F.R. § 61.113(a) & (b)** Section 61.113(a) & (b) Unlike conventional aircraft carrying pil ots, passengers, heavy gear, and cargo Myers Video Production’s sUAV is remotely c ontrolled without passengers or property

onboard. MVP humbly propositions that operator requirements be taken into account with the high level of pre -programmed GPS integrated flight procedures and technical capabilities MVP’s sUAV possesses. Additional automated safety f unctions and safety enhancing features of the Myers Video Production’ sUAVs may

include the following: I. Auto

-pilot detection of lost GPS or of insufficient satellites initiates an immediate landing. II. Low power on the aircraft triggers escalating alarms at GCS at 25 % and 10% levels. III. Automatic safe landings pre

-programmed to return home or land in place. IV

. Weighs less than 55 lbs V. The sUAV will operate at no further than 400 ft AGLor 200 feet above a structure and not exceed 30 mph while filming. Given these safety

features , conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of the Myers Video Production’ sUAV without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth. Risks connected with the operation of MVP’s sUAV (provided its safe size, programmable capabilities, speed, and absence of flammable fuel) are extremely reduced from the level of risk in operating with private or commercial operations anticipated in Part 61 with the fixed wing or rotorcraft that allowing the operation of a sUAV meets or surpasses the level of safety provided by 14 C.F.R. § 61.113(a) & (b) and does not10

increase to the level of needing a commercial pilot to operate the aircraft under § 61.133(a). **14 C.F.R. § 91.7(a): Civil aircraft airworthiness.** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UA. Given the size of the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual, an equivalent level of safety will be achieved by

insuring compliance with the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 creates safe altitudes for procedure of civil aircraft. Section 91.119 (d) gives helicopters the permission to be controlled at less than the minimums and helicopters most resemble the flight or the sUAVs MVP uses. The same level of safety will be provided when the size, weight, speed, and smart technology

the sUAV is comprised of it taken into account. sUAVs provide an advantage to heli copters in that they do not disrupt the civilians/ground with the amount of wind to the ground, noise, dust, and risk of flammable gas while flying near subjects for footage. The FAA has granted similar exemptions

- 11062 through 11067, 11080 and 11110. **14 C.F.R. §91.121 Altimeter Settings** Myers Video Production believes that the GPS altitude and distance from home reading provide or exceed the same safety as is set forth by 14 C.F.R. §91.121 and request an exemption. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110. **14 C.F.R. § 91.151(a): Fuel Requirements** Myers Video Production is operating a UAV without fuel and with it being in the line of site while under operation from the furthest distance (approx. 900 ft the drone can be brought back to its original takeoff location within 2 minutes or less than 5% of battery life. As such Myers Video Production has strict guidelines to bring the UAV back to its home location for battery change and Inspection at 10% or greater battery l ife. MVP believes that this meets or exceeds the safety set forth by 14 C.F.R. § 91.151(a)

.11

**14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections**  These	systems	necessitate that	an	aircraft	operator	have	the	aircraft	inspected	in compliance	with	Part	43.	Given	that	these	sections	apply	to	aircraft	with	a	certificate of	airworthiness	these	do	not	apply	to	the	sUAV	operated	by	MVP.	MVp	has	attached the	safety	manuals	provided by	3d	Robotics	for	further	maintenance	considerations. The Operator will make sure that all necessary m aintenance is taken care of before each flight and that a test flight will ensue any maintenance that takes place. Moreover, the Operator and manufacturer are most familiar with the aircraft and best suited to maintain the aircraft in an airworthy c ondition to provide the equivalent level of safety

. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 and 11110. 

## Federal Register

**Publication** Myers Video Production seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) so that they may commercially operate a small UAV (55 lbs. or less) for the following purposes

- aerial inspection and photography of residential and commercial property, filmmaking, cinematography, and videography, special events: including high schools, colleges or professional sporting events, wildlife and forestry, aerial surveying , construction site inspection and monitoring, public entity support operations, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering , open air events and fairs, research, motion picture production , closed set filming. 

## Privacy/ **National Security** All flights over private property will only be done with the owner’s prior consent. MVP has no business with private investigators or any business that operates to secretl y obtain information on citizens. The size of the UAS, its speed and constrained area of operation do not raise national security issues. 

## Summary12

Approval of exemption s allowing commercial operation of sUAVs for Myers Video Production to operate an unmanned aircraft system (UAS) to be used for aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography o f utility

infrastructure, filmmaking, cinematography, and videography, f orestry monitoring, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security

o f controlled environment of various sites, aerial video and live video feed, aerial video and photography for public and private use including television, public events, and cinematography live feed

. Conventional methods of procuring birds eye view using jet or piston powered aircraft, ladders, lifts, roofs or tall hazardous/weakened structures , proximity to test sites for explosives/flammable stunts greatl y exposes operators to a higher risk than those created by the use of sUAVs. sUAVs carry much less weight, no flammable gas, and reduce the risk of flying is smaller spaces. The sUAV is carried to the target area and does not place any passengers or crew with the risks associated with manned aircraft flights. Operating the sUAV with the above capabilities, low speeds, weight, gps integration with pre - determined flights, and within the operators line of sight allow the sUAV to meet or exceed the level of safety that supports the grant of the exemptions requested. 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 acceptable validation for the grant of the requested exemptions allowing commercial operation of Petitioner’s UAS for the Purposes outlined herein and are consistent with exemptions already granted, including Exemptions number 11171 through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as recent as 11857. Sincerel y, Michael M yers Myers Video Production 909 West Grove PKWY APT 1034 Tempe, AZ 85283

Attached Private Documents:

- 3d Robotics Solo manuals.

- FAA UAV Registration