FLYT, LLC.

Attn: Luke Hazelwood

7140 La Jolla Blvd

La Jolla, CA 92037

(714)​915­1438

contact@flytmedia.com

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA­2014­0481 in the matter of the

petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the

petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA­2014­0355 in the matter of the

petition of FLYING CAM INC

Attachments:

1) Phantom 2 User Manual V1.4 2015­01­30

2) Phantom 2 (Quick Start Guide) 2015­03­20

3) Phantom 3 Professional User Manual (EN) v1.4 2015­08­18

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section

333 of the FAA Modernization and Reform Act of 2012, FLYT, LLC.​, referred to hereafter

as the petitioner, request exemption from the following sections of Title 14, Code of Federal

Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1);

91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated

by the Federal Aviation Administration (FAA) for the purposes of aerial photography,

cinematography, videography, mapping, crop surveying, inspections, aerial data collection and

other flight operations that could be performed safely and more cost effectively with the use of

small UAS at low altitude within the U.S. national airspace system as compared to a manned

aircraft. Operations will be performed only at the request of and with the authorization and

permission of clients or their authorized agents in order to facilitate commerce and raise

awareness of the beneficial uses of small unmanned air systems. 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. The conditions identified and proposed by the petitioner are

drawn from references 1 through 3.
The FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113 (a) & (b)​; The petitioner requests relief in order to facilitate the utilization of pilots who

hold a SPORT PILOT (or greater) certificate. Any pilots operating under this exemption would

be required to comply with any conditions as set forth and in a similar fashion to the previously

granted exemptions.

91.119(c)​As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted

closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to

essential persons, or objects that would not be possible without additional relief. The petitioner

requests modification, waiver or exemption and clarification concerning the terms “congested

areas” and “densely populated”. The petitioner requests waiver for this condition to allow

reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

9​1.121​As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for

altitude information.

9​1.151(a)​As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior

relief has been granted for manned aircraft to operate at less than the prescribed minimums,

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has

been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The

UAS provides battery power remaining in percent to the PIC. The UA batteries provide

approximately 25 minutes of powered flight. Information provided in the operating documents

discusses procedures regarding remaining battery power management. Those documents

contain a condition in which the PIC will initiate a landing procedure when battery remaining

reaches a specified level. Given the limitations on proposed operations and the location of those

proposed operations, The FAA found that a reduced minimum power reserve for flight in

daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)​As discussed in Exemption 11138

(DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a

condition for safe flight in accordance with the operating documents. The FAA found that

adherence to the petitioner’s operating documents and the conditions and limitations specified,

describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to

ensure that safety would not be adversely affected.

The Unmanned Systems
The DJI Phantom 2​is a highly successful consumer grade small rotorcraft in the quadcopter

configuration with an advertised weight of less than 36 Ounces (1000g) designed primarily to

carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots

(15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by

four electric motors with a distance between motors of less than 14 inches (350mm) It utilizes an

internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or PIC to

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery,

and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal.

Altitude can be limited by the onboard flight controller and maximum altitude can be

preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The

onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated when

the battery reaches a predetermined low state. It is anticipated that flights will usually last less

than 10 minutes. More information is available in attachment 1 and 2 or

http://www.dji.com/product/phantom­2.

The DJI Phantom 3 Professional​is a highly successful consumer grade small rotorcraft in the

quadcopter configuration with an advertised weight of less than 46 Ounces (1280g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less

than 31 knots (16m/s) and a maximum climb rate of less than 985 feet per minute (5 m/s). It is

powered by four electric motors with a distance between motors of less than 24 inches (590mm)

It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented

with global positioning system (GPS) to maintain its geospatial orientation and position. It is

controlled primarily through an FCC certified radio control (RC) unit. Real time video and

telemetry information is transmitted back to a ground control station allowing the operator and/or

PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera

imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or

GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be

preprogrammed by the PIC. Battery life limits flight times to approximately 23 minutes. The

onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated when

the battery reaches a predetermined low state. It is anticipated that flights will usually last less

than 10 minutes. More information is available in attachment 3 or

http://www.dji.com/product/phantom­3

The​DJI Inspire 1​in a similar system to the Phantom 2, with all of the same safety features and

camera capabilities augmented with a more robust flight plane and a higher definition camera.

Despite these additions, the system falls well below the FAA’s prescribed 55lbs weight

threshold. More information is available here: http://www.dji.com/product/inspire1/spec
Mitigating Risk

The petitioner has reviewed FAA exemptions reference’s 1 through 3 Conditions and Limitations

section and believes that the procedures specified therein are reasonable and will be utilized in

order to manage and mitigate risk and ensure public safety. A preflight checklist will be

developed and employed to ensure that the UA airworthiness will be verified before launch.

Airworthiness will be maintained by performance of routine inspections before each flight,

maintaining flight and maintenance logs to record time on failure prone components. The

petitioner request that in a manner similar to reference 3, we be allowed to operate within 5

miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA.

The UA may not operate within 5 nautical miles of the geographic center of a non towered

airport as denoted on a current FAA published aeronautical chart unless a letter of agreement

with that airport’s management is obtained, and the operation is conducted in accordance with a

NOTAM as required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is

requesting a mechanism to facilitate such activities without requesting a new and separate

exemption(s) should the need arise. Operations within class B airspace are not requested due

to the lack of mode C transponder.

The Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental

impact as compared to similar operations conducted with manned aircraft of greater proportions,

carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce

will lead to economic growth. Operations for this petition will enable service for property owners

or their designees seeking an enhanced perspective for characteristics, amenities, and benefits

of their desired photographic subjects that cannot be displayed through ground level

videography/photography. Aerial photography is a valuable marketing tool that can lead to

increased commerce and enhance personal photography. Crop surveying applications could

lead to decreased use of pesticides and fertilizer and conservation of water as well as increased

crop yields and decreased costs. Aerial surveying and inspections can increase work site

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients

with photographic data for these purposes on a ‘for hire’ basis acting as an independent

contractor. A visual observer will be utilized. Liability insurance has already been obtained

commensurate with the granting of this request for exemption. Flight data including UA flight

time, Control Unit operation time, incident, accident, and details concerning any deviations from

normal operations will be available to FAA for use in collecting data regarding the use of UAS as

part of this application. This data may be submitted to FAA via traditional means, e.g. COA

Monthly Reports, or other means as required.
Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography,

cinematography, videography, mapping, crop surveying, inspections, aerial data collection and

other flight operations”. The reason for such a general and broad based request is that the

petitioner wishes to utilize a business strategy of horizontal integration and maximize economies

of scope in order to capitalize on opportunities as they may arise in the future without the long

turnaround time associated with additional exemption requests. The petitioner's business model

is based on the idea of offering ad hoc small UAS services to individuals or companies who

wish to employ these services as a safe, effective, and legal option to enhance their business or

hobby. The petitioner’s own market research shows incredible demand for these services

currently exists in the real estate market and other markets are just beginning to emerge. A

quick internet search will show that many are currently operating similar UAS in exactly this

fashion without, it is assumed, FAA authorization. The primary purpose of seeking this

exemption is to obtain the capability to offer those services while remaining in compliance.

Respectfully Submitted,

FLYT, LLC.