**UNITED STATES OF AMERICA**

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:
TALWEG CREATIVE, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR

91.1 51 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) CONCERNING COMMERCIAL OPERATION OF A

DJI INSPIRE 1 UNMANNED AIRCRAFT

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM

ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on January 6 , 2016

Ryan Heffernan Owner, Talweg Creative, Inc.

369 Montezuma Ave. #228 Santa Fe, NM 87501 (505) 428

- 9124 ryan@talwegcreative.comJanuary 6 , 2016

U.S. Department of Transportation Docket Management Syst em 1200 New Jersey Ave, SE Washington, DC 20590

Attention: FAA Administrator

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b);

14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Administrator

,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act) and 14 CFR Part 11, Talweg Creative , Inc., the operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial photography and cinematography

service s
, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its sUAS so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA a s required by Section 333.

As described in more detail below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operations of such aircraft systems in the national airspace system.” Section 3 33 (c) of the Reform Act.

Regulations from which the exemption is requested: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR
91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform A ct. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capab ility;• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual lin e of sight (VLOS) of the Pilot/ “Operator”

Reform Act § 333 (a) Lastly, if the Secretary determines that such vehicles “may operate safely in t he national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This stat utory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C §44701(f)
See also 49 USC §44744(a) ; 49 USC §44704l 14 CFR §91.203 (a) (1).

Talweg Creative , Inc. ’s sUAS , a DJI Inspire 1 (see EXHIBIT A, the user manual)

, is a rotorcraft weigh ing maximum 10 lbs. including payload. It operate s under normal conditions at a speed of no more that 43 kts and ha s the capability to hover, and move in the vertical and horizontal plan e simultaneously. It will operate only in line of sight of the

Pilot/“ Operator” and will operate only with the permission of the property owner or a representative. Predetermined, specifically marked areas of operati on will allow Talweg

Creative to operate within current safety parameters and new ones being implemented. For these reasons listed, Talweg Creative’s operation of sUAS will mitigate risk and not “create a hazard to users of the NAS or the public.” 112 P.L. 95 § 333 (b).

Given the small size of the sUAS involved and the limi ted environment within which i t will operate, the applicant falls squarely within th e zone of safety in which Congress envisioned that the FAA must, by exemption, allow commercial opera tions of sUASs to commence immediately. Also due to the size of the sUASs and the limited areas in which the relevant sUASs will operate, approval of the application presents no national security

issue. Given the clear direction in Section 333 of the Refor m Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety

s urrounding the proposed operations, and the significant public benefit, including enhanced safety with allowing sUASs for commercial aerial video graphy and photography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and limitations listed herein. These limitations provide for equivalent or even higher level of saf ety of operations under the current regulatory structure because the proposed operations are conducted on predetermined property underthe permission of the property owner or property representative.

The limitations and conditions to which Talweg Creativ e , Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLO S) of a Pilot/“Operator”

and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude of no more than 4 00 feet AGL

. 5. Minimum crew for each operation will consist of the sUAS Pilot/“ Operator”, and

the Visual Observer.

6. sUAS Pilot/“ Operator” will be Pilot in Command (PIC) . If the Pilot/“ Operator”

deems another Pilot/“ Operator” to be qualified with the necessary skills to be the

Pilot/“ Operator” , that person can also be designated as Pilot/“ Operator” provided they have a minimum of 40 hours of flight time with the sUAS.

7. F lights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation.

8. Flights will not be conducted near airports or in designated restricted or no

- fly

z ones. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. It will be mandatory that all personnel involved with the operational duties of the flight be present for this briefing.

10. Pilot/“ Operator” and obser ver will have been trained in operation of sUA S generally and received up

- to

- date information on the particular sUAS to be operated.

11. Observer and Pilot/“ Operator” will at all times be able to communicate by voice, radio, and/or text.

12. Written and/or ora l permission from the relevant property holders or property representatives will be obtained.

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre

- determined location and land autonomously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 CFR §91.109: Flight Instruction No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has full y functioning dual controls.

sUAS and remotely piloted aircraft by 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 communication. The FAA has approved exemptions for flight training without full functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. Theequivalent level of safety is provided by the fact the neithe r a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that helicop ter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption

is f or a sUAS that is a helicopter

, and the exemption requests authority to operate at altitudes up to 4 00 feet AGL, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, speed of the sUA S as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice to the property owner and other participants in the activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently prese nted with conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between the sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR §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 availabl e before departure.” As the sUAS may not have a barometric altimeter, but ins tead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be achieved by the Pilot/ “ Operator”, pursuant to the safety checklist and live flight d ata monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions

Sections 91.151(a) prohibit s an individual from beginning a flight in an air pla ne under VFR conditions unless, considering wind and fo recast 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; or (2) at night, to fly

afte r that for at least 45 minutes.

The battery powering the sUAS provides less than 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 of the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer timeframe for flight in daylight or twilight CFR conditions is reasonable.Applicant believes that an ex emption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 9 1.151 (a)). Operating the sUAS in a limited area

with less than 30 minutes of rese rve fuel does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, limiting the sUAS flight to 10 minutes would greatly reduce the utility for which the exemption will be grante d.

We believe that an equivalent level of safety can be achieved by limiting flights to 30

mi nutes or 20% 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. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in the pertinent part: (a) Except a s 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 airwort hiness 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 less that 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping relevant documents at the ground c ontrol point where the Pilot/ “ Operator” flying the sUAS will have immediate access to the documents to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, and 10700.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have t hat 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...,” and others shall inspect o r maintain the aircraft in compliance with Part 43.

Given that these sections 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 Pilot/ “ Operator” p ursuant to the flight manual. An equivalent level of safety will be achieved because of the small size and payload of the sUAS and becauseit will operate only in limited areas for short periods of time. If mechanical issues arise

the sUAS can land immedia tely and will be operating from no higher than 4 00 feet AGL.

The Pilot/ “ Operator” will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and inform all participants of any maintenance performed. M aintenance and inspections will be performed and accordance with the

sUAS manufacturer’s manual.

COMPANY INFORMATION

The crew members of Talweg Creative, Inc. each have at least ten years of film making and photography experience on projects in dozens of countries

. We specialize in outdoor

and adventure

- based content; previous projects have entailed the use of ultralight aircraft and other means of capturing aerial photography that entailed significant risk. We firmly

believe that our use of a sUAS minimizes the ris k to both the NAS and to persons and property on the ground.

SUMMARY Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61. 113 (a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 40 9 (a) (2); 14 CFR 417 (a) & (b)

.

Approval of exemptions allowing commercial operations of sUA S to conduct aerial photography and cinematography services will enhance safety by reducing risk. A sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the ris k given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of our sUAS , weighing less than 55 l bs., conducted in the conditions outlined above, will provide an equivalent level of safety supporting the granting of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. T hese lightweight aircraft operate at slow speeds, under 4 00 feet AGL, and within a limited area and, as a result, are far safer than conventional flight operations conducted in close proximity to the ground and people.

Talweg Creative , Inc. respectfully requests the FAA grant its exemp tion without delay. The FAA has the authority to issue the exemption sought by Talweg Creative , Inc. pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended

.

Sinc erely

, Ryan Heffernan Owner, Talweg Creative, Inc.

369 Montezuma Ave. #228 Santa Fe, NM 87501 (505) 428

- 9124