Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 U.S. Department of Transportation Docket Management System 1200 New Jersey

Avenue, SE Washington, DC 20590

Green Giraffe Productions respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in the evaluation and inspection of Public Utility's, Infrastructure, Forest fire monitoring, Emergency Public Response, Commercial video production, Live Webcasting and Action Sport Videography. This request is motivated primarily b y the desire to maximize safety

during hazardous operations, as well as assisting with public emergencies and to mitigate any safety concerns associated with such operations. While an exemption would not eliminate the current need for in

-person visual inspection and monitoring it would allow Green Giraffe Productions to evaluate assets and infrastructure with sUAS, resulting in a safer and more efficient valuation of public utility's and Infrastructure .

**Company Profile** Green Giraffe Productions was formulated out of the growing need of sUAS services for various industries. Our core of experience is generated from our extensive work with UAV's while deplo yedO CONUS, testing in NAS, and training. Our knowledge and expertis e are what help us see the need and usefulness of a sUAS for other services while also providing those services safely within the NAS. Green Giraffe Productions currently employees two operators, each with over 1000 hours of UAV operating experience. Owner operator Dustin LaGrone is a private instrument rated pilot and flight dispatcher. H e has over a decade of aviation experience and has been an expert in the UAV industry

f or over six ye ars. Pilot and Sensor operator Renee Wiltshire has over a decade of aviation experience and also holds a flight dispatch certificate. S he has deployed multiple times OCONUS to provide UAV support.

NOTE:All information pertaining to this system can be found in Appendix A (OEM manual).

Green Giraffe Productions intends to use the DJIS preading Wings S1000 plus (The OEM Manual of which is attached as Appendix A) in it's sUAS operations.
Green Giraffe Productions intends to adopt ASTM F2500

- 07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range Flight Operations(Attached as Appendix B) ASTM F2909

- 14 Standard Practice for Maintenance and Continued Airworthiness of small Unmanned Aircraft Systems(Attached as Appendix C). **Regulatory Provisions from which Green Giraffe Prod uctions seeks an Exemption**  Green Giraffe Productions believes it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible. 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b)(2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)
Green Giraffe Productions believes an exemption is only needed from the above

- listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for Green Giraffe Productions to conduct the operations described here, we request an exemption from any such regulatory provisions as well.

**The Extent of Requested Relief and the Reasons Relief is Needed 14 C.F.R. §61.113(a) and (b)**  **§61.113 Private pilot privileges and limitations: Pilot in command.** (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may thatperson, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.

Green Giraffe Productions specially trained employees will c onduct the sUAS operations. While these individuals will have private pilot licenses or a flight dispatch certificate, they will not hold commercial pilot licenses. Without an ex emption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of Green Giraffe Productions. Accordingly, the risk would be limited to Green Giraffe personnel, who will be appropriately outfitted in safety

g ear. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on Green Giraffe Productions. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is ne eded from both paragraphs (a) and (b).
**14 C.F.R. 91.7(a) §91.7 Civil aircraft airworthiness** 

. (a) No person may

operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when un

- airworthy mechanical, electrical, or structural conditions occur

. There is no clear definition of “airworthy,” and the term has been defined in various ways depending on the circumstances. In all instances, it appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s ty pe design or its ty

pe certificate, as modified by

supplemental ty

pe certificates and airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a ty pe design or ty

pe certificate, as the FAA has not developed standards applicable to sUAS. As discussed later in this document, the ty pes of operations contemplated by Green Giraffe Productions will not qualif y the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) is required. Should the FAA include airworthiness requirements as a condition of exercising the exemption, Green Giraffe Productions will assure the continued airworthiness of the sUAS. Regardless, Green Giraffe Productions believes that it can meet the requirements of §91.7(b) and is not requesting an exemption from that provision.
**14 C.F.R. 91.9(b)(2) §91.9 Civil aircraft flight manual, marking, and placard req**  **uirements.**

*** (b) 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 aircraft a current, approved manual material, markings, and placards, or any combination thereof. ***** The sUAS comes with access to online manuals that provide instructions for the safe operation and maintenance of the aircraft. Compliance with this regulatory provision is not possible because this information has not been, and cannot be, approved by the FAA since there are no applicable standards established by the FAA against which to evaluate it. Additionally, the sUAS is too small to carry a printed manual. Since, by definition, there will never be a person aboard the sUAS, Green Giraffe Productions submits that there is no need to require the manual to be placed on the sUAS and an exemption is appropriate. Safety will be maintained by

keeping the flight manual at the ground control point where the PIC will have immediate access to it. Since the sUAS cannot be operated without the Ground Control Station containing the manuals, there is minimal risk that the manuals will become separated from the sUAS, and Green Giraffe Productions will be a

ble to immediately

l ocate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual.

**14 C.F.R. 91.109 §91.109 Flight instruction; Simulated instrument flight and certain flight**  **tests.** (a) 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.... Small UASs, by

their design, do not have fully functional dual controls. Flight control is accomplished through the use of a Ground Control Station that communicates with the aircraft via radio communications (C2 Link). Aircraft being considered for use by Green Giraffe Productions allows the sUAS Instructor to place the aircraft into ‘Loiter’ mode (fixed altitude and GPS stationary

hold). In the event of the student losing control, the sUAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into control and back to the pre - determined and/or safe landing location.

**14 C.F.R. 91.119 §91.119 Minimum safe altitudes: General.** 

Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: *** (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. *****
Green Giraffe Productions submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only b e assured through the grant of an exemption. The anticipated rotorcraft operations should be adequately addressed by

p aragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency l anding of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface. As noted in the explanation of why

an exemption will not adversely affect safety, Green Giraffe Productions will have exclusive use of the land over which the sUAS will be operated, and public access is restricted. Controlled access to public utility l and, structures or emergency

response area's assure that no individuals unassociated with the planned operations are within the affected area of operations. Controlled areas for Media and Sporting Events will be prior reserved and designated areas of operations will be clear of persons unless invloved in the production of the event. Green Giraffe Productions personnel are required to wear mandatory

s afety e quipment, including hard hats and safety gl asses whenever dispatched to a work site. As such, the risk of injury is minimal. Green Giraffe Productions does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b).

**14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions.**  (a) No person may

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

– (1) During the day, to fly after that for at least 30 minutes.(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated b y §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. Green Giraffe Productions does not intend to use the sUAS for point

to

-point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, Green Giraffe Productions will operate the sUAS using pre -planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly

to the point of intended landing. As such, there is no need for a time

-based excess fuel requirement. Rather it should be sufficient to require only as much additional excess flight ca pacity as necessary

to safely land the sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective.
**14 C.F.R. 91.203(a) and (b) § 91.203 Civil Aircraft: Certifications required.**  (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. *** (2) An effective U.S. registration certificate issued to its owner or, for operations within the United States, the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country

. (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y 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 that Green Giraffe Productions intends to operate will not qualify for an airworthiness certificate unless the FAA chooses to issue them a restricted category c ertificate. This is because the sUAS does not meet the current conditions for either a standard airworthiness certificate or an experimental airworthiness certificate. Notably, under 14 C.F.R. §21.191, 8 experimental airworthiness certificates are only available for research and development, showing compliance with regulations, crew training, exhibitions, air racing, market surveys, operating amateur

-built aircraft, operating primary kit

-built aircraft and operating light

- sport aircraft. Until such time as the FAA develops airworthiness standards applicable to sUAS for non-recreational and nonexperimental use, Green Giraffe Productions submits that the FAA should considerexemptions to the requirements of §91.203(a). The absence of such exemptions hinders the

development of sUAS and applicable uniform standards since it is only through the development of the aircraft that the FAA can reliably evaluate them and determine appropriate design standards.

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a cons ideration of the size, weight, speed, operational capability

of the particular UAS, as well as its proximity to airports and populated areas. An analys is of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by Green Giraffe Productions will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully

l oaded, carries neither a pilot nor passenger, and operates exclusively within asecured area as set out in the sUAS Operating Manual (Appendix B). Unlike other civil aircraft, operations under this exemption will be tightly c ontrolled and monitored by the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the area of operation. Lastly, a pplication 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 and inability to carry a substantial external load.
If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to comply

with paragraph (b), so an exemption is merited there as well. **14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a) §91.405 Maintenance required.**  Each owner or operator of an aircraft

– (a) 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 repaired as prescribed in part 43 of this chapter; ***** **§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.**  (a) No person may

operate any

aircraft that has undergone maintenance, rebuilding, or alteration unless

– (1) It has been approved for return to service b y a person authorized under §43.7 of this chapter; ***** **§91.409 Inspections.** (a) Except as provided in paragraph (c) of this section, no person may operate anaircraft unless, within the preceding 12 calendar months, it has had __

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. *****
Green Giraffe Productions believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.4 07(a) or to conduct the initial airworthiness and annual return to service inspections required by §91.409(a). Green Giraffe Productions will maintain the aircraft as instructed in the owner’s manual and S1000 User Manual v1.10 (Attached as Appendix C), where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility o f meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these provisions is appropriate

Please do not hesitate to contact me at the phone number or via the e

-mail address provided above should you have any questions or concerns.

Respectfully,

Dustin B. LaGrone Owner Operator Green Giraffe Productions Cell 303.730.2557 Email: dustin.lagrone@gmail.com**Summary for Federal Register Publication**

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.
Petitioner: Green Giraffe Productions Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) Description of Relief Sought: Petitioner seeks reli ef from the requirements of 14 C.F.R. §§45.29, 61.113(a)&(b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and 91.409(a) to conduct sUAS operations over private and publicly owned or controlled land, solely

during daylight hours, to assist in the safe evaluation and analys is of public utility's, infrastructure and other events. Also to provide media for action sporting events in briefed areas on predermined courses and routes free from congestion. In general, sUAS op erations are intended to be conducted in areas remote from both congested areas and airports. The nature of operations anticipated by Green Giraffe Productions requires that the sUAS be flown at relatively low altitudes. Green Giraffe Productions expects that in most instances the sUAS will be flown less than 75 feet above the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.