Miles Cooksy 6/9/15

EPIC Creative 3014 E Progress Drive We st Bend, W I 53142 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 Dear Sir or Madam: In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, EPIC Creative/Miles Cooksy hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial use of its Small Unmanned Aircraft Systems (SUASs), 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. Miles Cooksy/EPIC Creative is requesting this exemption bec ause - (1) existing regulations will severely hinder and burden EPIC Creative /Miles Cooksy (2) EPIC Creative/Miles Cooksy can provide and execute a level of PIC competence and safety that is, at the very least, equal to (or greater than in many cases) to t hose provided by existing guidelines, and (3) the request is in the public interest and local benefit. The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority granted by Section 333 of P.L. 112

- 95, Special Rules for Cert ain Unmanned Aircraft Systems, provide an opportunity to authorize certain SUAS operations in the National Airspace System (NAS) prior to implementation of the SUAS rule. This incremental step will allow Miles Cooksy/Epic Creative to safely and legally enter into the NAS. The requested exemption will permit EPIC Creative/Miles Cooksy to operate its SUAS under closely monitored conditions in airspace that is confined/limited (<300 meters in any direction and <100 meters altitude), predetermined and agreed u pon, controlled to access and would provide safety enhancements to the already safe operations of those aircraft of similar size, weight, speed, and operating capability that have been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA) National Aircraft Safety Code. Approval of this exemption would thereby greatly enhance safety and fulfill the Secretary of Transportation’s (the Secretary) responsibilities to “... establish requirements for the safe operation of such aircraft sys tems in the national airspace system” per Section 333 (c) of the Reform Act. Miles Cooksy/Epic Creative is requesting exemption from the following regulations: 14 CFR Part 21, Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91. 151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially

operate small unmanned aircraft systems (55 lbs. or less) in order to safely and legally capture aerial photography and videography for use by golf courses, residences, business to business marketing, and farming

. A pplication is expressly submitted to fulfill Congress’ goal in passing through (c) of the Reform Act. This law directs the Secretary to consider that unmanned aircraft systems may operate safely in the NAS. This exemption Section 333 (a)whether certain completion of the rule

- making required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS, to the public, or pose a threat to national security. Section 333 of the Reform Act grants the Secretary authority to determine (1) if an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight (VLOS) does not create a hazard to users of the NAS or the public or pose a threat to national security, and (2) whether a certificate of wa iver, certificate of authorization, or airworthiness certification under 49 USC 44704 is required for the operation of civil (non

- governmental) UASs. Therefore, if the Secretary determines that such vehicles “may operate safely in the national airspace sys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system”. **Epic Creative Overview** EPIC Creative uses small UAS (quad

- copters) weighing less than 6 lbs fully loaded (camera and battery). Quad

- copters are small, agile UASs with the ability to hover and move in the vertical and horizontal planes simultaneously. EPIC Creative will operate only in visual line of sight (VLOS), and only in tightly controlled and limited airspace. The UASs are capable of operating at speeds of up to 29 knots, but are routinely operated at much lower speeds, usually at a standstill for imaging. They are most frequently operated below 200 feet above ground level (AGL), and never over 400 feet AGL. EPIC Creative/Miles Coo ksy’s exemption request would permit a commercial operation of SUAS for aerial photography and videography in tightly controlled and limited airspace. Aerial photography and videography services will be offered to golf courses, residences, business to busi ness marketing, and farming . All operations will be conducted on private property and with the written and/or oral permission of the property owner(s), and always with privacy in mind. Operations will always be conducted in areas that are clear of all peop le, except the pilot in command (PIC) and the PIC’s helper(s). Such operations will ensure that the SUAS will “not create a hazard to users of the national airspace system or the public”. **Our A ircraft** EPIC Creative/Miles Cooksy operates and uses the Insp ire by DJI. DJI Inspire 1

is controlled using a DJI transmitter, operating on a 2.4GHz frequency to a maximum range of 2km. (Specific operating range of 2.400

- 2.483GHz.) (See Manual Appendix page 57 for all specifications.) These specifications fall within FCC guidelines for operators. Powered by a lithium polymer battery it has a 4 hour time between charges. The DJI Inspire 1 transmitter has a built in GPS allowing the Inspire 1 to always know where to return to in the event of a failure. The Inspire 1 tra nsmitter will be controlled by a single operator, but will utilize a Visual Observer when necessary. These highly advanced capabilities will ensure that the SUASs can be safely operated and “not create a hazard to users of the national airspace system or t he public.” Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of this application presents no risk to national security. **Equivalent Level of Safety** In an effort to join the FAA in its mission to provide the safest, most efficient aerospace system in the world and to minimize the risk to the NAS or to persons and property on the ground, EPIC Creative/Miles Cooksy agrees to be bound by the following lim itations and conditions when conducting commercial operations under a FAA issued exemption: A. For the purposes of ensuring SUASs will be operated within the standards that the FAA has allowed in the AMA National Model Aircraft Safety Code:

 SUASs will not be flown: a. In a careless or reckless manner. b. At a location where SUAS activities are prohibited.

 SUAS pilots will: a. Yield the right of way to all human

- carrying aircraft. b. See and avoid all aircraft and a spotter must be used when appropriate

 c. Not fly higher than 400 feet above ground level or within three (3) miles of an airport without notifying the airport operator.

 Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed use agreement.

 Not exceed a takeoff weight of 55 pounds (including payload).

 Ensure the aircraft is identified by affixing the owner’s contact information to the outside of the SUAS.

 Not operate SUASs while under the influence of alcohol or while using a ny drug that could adversely affect the PIC’s ability to safely control the model. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to persons or property.
B . SUASs will not be flown unless:

 The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event.

 An inexperienced pilot is assisted by an experienced pilot. C. All p ilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

 A successful radio equipment ground

- range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model aircraft.

 SUASs must use the radio

- control frequencies currently allowed by the Federal Communications Commission (FCC).
D. SUASs will not knowingly operate within three (3) miles of any pre

existing flying site without a frequency

- management agreement. E. Excluding takeoff and landing, no SUASs may b e flown outdoors closer than 25 feet to any individual, except for the PIC and the PIC's helper(s) located at the takeoff site. F. Under no circumstances may a pilot or other person touch a SUAS in flight while it is still under power, except to divert it from striking an individual. G. The PIC of the SUAS shall:

 Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot.

 Fly using the assistance of a camera or First

- Person View (FPV) only in accordance with the procedures outlined in AMA Document #5 50.

 Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document #560. H. The flying area must be clear of all utility wires or poles and an SUAV will not be flown closer than 50 feet to any above

- ground electric utility lines. I. The flying area must be clear before the engine is started, except for PIC and the spotter.In addit ion to the above rules outlined by the AMA National Model Aircraft Safety

Code and in an effort to enhance the safety offered by the already safe operations mentioned above, EPIC Creative /Miles Cooksy also agrees to be bound by the following limitations an d conditions:
1. Flights will be operated within VLOS of the PIC. 2. Maximum total flight time for each operational flight will be 18 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 18 minute limit. 3. The SUAS wil l only operate in tightly controlled and limited airspace. 4. A briefing will be conducted in regard to the planned SUAS operations prior to each flight. It will be mandatory that all personnel who will be performing duties within the boundaries of the sa fety perimeter be present for this briefing. 5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and received up

- to

- date information on the particular SUAS to be operated. 6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. 7. If the SUAS loses communications or loses its GPS signal, the SUAS will have capability to return to a pre

- determined location within the security perimeter and safely land. 8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 9. All flights will be conducted on private property and with the written and/or oral permission of the property owner(s). 10. Flights will always be conducted in areas that are clear of all people, except for the PIC and the PIC's helper(s). 11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and never during severe weather conditions.
12. F lights will not occur in weather conditions that prevent the PIC from operating within visual line

- of

- sight (VLOS) at all times or in weather conditions that dramatically affect the UAS’s flight (e.g. high winds). 13.If an operation occurs in an area where people could inadvertently enter the area, an operational border will be established with traffic cones. If it’s not feasible to use traffic cones due to interference with the photography/videography, the PIC's helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately andbe rescheduled if it’s impossible to establish a safe perimeter around the

operation. 14. The PIC will be responsible for logging all flights to ensure the comprehensive preven tative maintenance plan can be followed, as described in the “Preventative Maintenance” section below. 15. The SUAS will not be routinely operated in the proximity of any airports. In any cases where the SUAS must be operated within three (3) miles of an airport, the airport operator will be notified before the operation commences. The operation of SUASs, weighing less than 6 lbs., conducted in the strict conditions as outlined above, will provide an equivalent level of safety supporting the grant of exemp tions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled environment. As a result, the y offer a much safer way to capture aerial photography and videography. Furthermore, the proposed operations represent a safety enhancement to the already safe operations that have been granted by the FAA for the establishment of the AMA National Model Aircraft Safety Code. **Preflight A ction Plan**  The PIC will follow a comprehensive pre

-flight checklist to ensure that the SUAS is in a condition for safe flight. This plan will be improved as needed in order to ensure all known safety precautions and/or safety precautions suggested by the manufacturer are being accounted for.
**A. Pre**  **- flight Inspection**  1. Check that the remote control, Inspire 1 battery(s), DJI controller, MiFi, Ipads and smartphone are all fully charged. 2. Visually inspect the LIPO batteries for signs of wear or damage. Check both battery switches for proper operation. 3. Turn the motor shafts with your fingers and verify they are smooth without excessive play or binding. 4. Verify that the rotation diagram on the propellers matches the rotation di agram on the Inspire 1 arms. 5. Inspect the propeller edges for nicks or cuts. 6. Flex both side s of the propellers’ blades to check for hairline cracks where the blades connect in the center of the propeller. 7. Verify that the landing gear is secure (not cracked/broken/loose). 8. Verify that the retractable landing gear is functioning smoothly. 9. Verify that the Micro

- SD card has been inserted and formatted. 10. Verify that the damping absorb ers are not broken and/or worn. 11. Arm/Disarm motors three separate times to allow GPS to lock on the launch site.12. Inspect the gimbal a nd camera for smooth operation.

13. Verify all tri ms and switches set at "0". 14. Verify video connection between the Inspire and the DJI controller

. 15. Perform final area check for obstructions. **B. Power Up**
1. Verify that throttle is at "0" position. 2. Power on the equipment in the following order: a. Power on the Inspire battery, check for four green lights. b. Power on the DJI controller, switch to MAP VIEW

. 3. W ait for a lock with 9 satellites. 4. Calibrate the Inspire 1 compass. 5. Place the Inspire on open, level ground with the battery indicators facing towards the PIC. **C. Takeoff/Launch**
1. Verify that the remote control antenna is perpendicular to the ground (poin ting skyward). 2. Verify that the front of the Inspire 1 is pointing into the wind. 3. Verify that the GPS is still connected to 9 or more satellites. 4. Arm/Disarm motors and check that telemetry is correct. 5. Advance throttle. 6. Take off and hover at about 6

- 8 feet above the takeoff point to verify that the Inspire 1 has a solid GPS lock. If any abnormalities are noticed (drifting, flying in circles, etc.), land immediately and repeat the “Pre

-flight Inspection” and “Power Up” seq uences. 7. Verify that the inspire 1 holds a steady position while yawing 360 degrees. 8. Verify that the inspire 1 responds appropriately to all controls

– yaw left/right, pitch forward/backward, roll left/right, and throttle up/down. **D, Preventative Mainten**  **ance** A comprehensive preventative maintenance plan will be followed in order to ensure the SUAS’s software is up

- to

- date, the batteries are in good health, and the aircraft itself is always ready for safe flight. ( EPIC Creative/Miles Cooksy follows sugges ted maintenance in attached DJI manual)
**E. Pilot in Command (PIC) Qualifications**  EPIC Creative/Miles Cooksy respectfully purposes that operator requirements should take into account the characteristics of the particular UAS. Certain UASs, such as the DJI Inspire 1 are characterized by a high degree of control and various built

- in technical capabilities that limit the potential for operation outsideof the operating conditions set forth above. Additional automated safety functions

and sa fety enhancing feat ures of the S UAS's include the following:

 Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate return to aircraft take

- off location ("home").

 Low power on the aircraft triggers escalating alarms at GCS.

 If the auto

- pilot detects a lost

- link to the GCS, landing procedure begins. Given these safety features, EPIC Creative/Miles Cooksy proposes that operators of the S UAS should not be required to hold a commercial pilot certification. Instead, operators should be required t o:

 Hold a private pilot license and have a current medical certification.

 Have completed the manufacturer's training or a minimum of 10 hours training program for operati on of the S UAS's.
**F. Privacy** 

 Since the areas being photographed or filmed will be on private property, accessed only after given written and/or oral consent by the property owner(s), and clear of all people, except for the PIC and the PIC's helper(s), approval of this application pres ents no risk to the public privacy. In addition, EPIC Creative /Miles will honor all requests for "no

-fly zone".

**Public Interest** Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent level of safety, a reduction in environmental impacts, and are free from the harmful emissions associated with the manned aircraft that are currently used for aerial photography and videography. Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUA S will operate, approval of this application presents no risk to the public. Furthermore, the public will be able to legally acquire aerial photography and videography to help in, but not limited to, advertising homes for sale, advertising uninhabited home lots, business to business marketing and golf courses

. **Requested Exemptions** EPIC Creative /Miles Cooksy requests exemption from the following regulations since it’s not possible to fully comply with them, and attempting to follow them for the purposes of operating a SUAS would be burdensome :**Ai rw**  **orthiness Certificates**

**14 CFR Part 21, Subpart H** Subpart H es tablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Singer’s Creations, an exemption from Part 21 S ubpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 of the Reform Act b oth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular SUAS. In all cases, an analysis of these criteria demonstrates that the SUAS operated wi thout an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions propos ed. **Medical certificates 14 CFR 61.23 (a**  ) This regulation requires pilots of manned aircraft to hold a medical certificate. Since risks associated with the operation of the proposed SUAS are so diminished from the level of risk associated with any manned aircraft; the SUAS is of a size, weight, speed, and operational capabilities which makes it much safer than any manned aircraft; since operations will occur in tightly controlled and limited airspace; and considering that all operations will be on private property that is clear of all people, obtaining and maintaining a medical certificate would not improve the safety of the operation. In the very rare case of a mishap, the SUAS being flown will pose significantly less of a threat than manned helicopters an d fixed wing aircraft because the SUASs are a fraction of the size, a fraction of the weight, will be flown at a fraction of the speed, carry no flammable fuel, and carry no crew or passengers. **Private pilot privileges and limitations: Pilot in command 14**  **CFR 61.113 (a) and (b)** These regulations limit private pilots to non

- commercial operations. Because the SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and operational capabilities; and since operations will occur in tigh tly controlled and limited airspace, the proposed operations can achieve the equivalent level of safety of current operations that currently require a commercial pilot’s license. Furthermore, since there are no standards for either private or commercial SU AS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. It cannot be as sumed that a commercial pilot, approved to operate a manned helicopter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerialvehicle, operating at 400 feet AGL or lower, within strictly controlled pre

approved airspace.
**Fli ght instruction**  **14 CFR 91.109** This regulation provides that 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. SUASs and remotely piloted aircraft, by their 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 communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental ai rcraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.
**Al timeter settings**  **14 CFR 91.121** 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 s etting available before departure.” As the SUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator by confirming the altitude of the launch si te shown on the GPS altitude indicator before flight. **Fuel Requirements for Flight in VFR Conditions 14 CFR 91.151 (a**  ) This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and foreca st 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 after that for at least 45 minutes.” The battery powering the SUAS provides approximately <25 minutes of powered flight. That would make it impossible to meet the 30 minute reserve requirement. Given the limitations on the SUAS’s proposed flight area and the location of its proposed operations w ithin a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. An equivalent level of safety can be achieved by limiting flights to <25 minutes or 25% of battery power (whichever occurs first). This restrictio n would be more than adequate to return the SUAS to its planned landing zone from anywhere in its limited operating area. **Maintenance Inspections 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409**  **(a)(2); 14 CFR 91.417 (a) and (b )** 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 repai red as prescribed in part 43 of this chapter.. .,” and others shall inspect or 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. M aintenance will be accomplished by the operator pursuant to the aforementioned Inspire 1 user manual and guide. An equivalent level of safety will be achieved because these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods of time. If mechanical issues arise, the SUAS can land immediately and will be operating from no higher than 400 feet AGL. As outlined in the aforementioned Pre

-flight Action Plan, the operator will ensure that the S UAS is in working order prior to initiating flight and perform maintenance as required. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. **In accordance with 14 CFR Part 11, the following summary is provided for**  **publication in the Federal Register: The applicant seeks an exemption from the following rules: 14 CFR Part 21,**  **Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14**  **CFR 91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially**  **operate small unmanned aircraft sy stems (55 lbs. or less) in order to safely**  **and legally**

**capture aer ial photography**  **and videography**

**for use by golf**  **courses, residences, business to business marketing, and farming**

**.** The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent and/or greater level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment, and as a result, are far safer than existing operations conducted with helicopters operating in close proximity to the ground, people, or other buildings in the vicinity. Given the small size of the SUASs involved, the slow speed at which they must be operated in order to capture photos and videos, and the restricted environment within which they will operate, the Inspire 1 demonstrates that it can be operated within an equivalent level of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of SUASs to commence immediately. Also, due to the size of the SUASs and the restricted areas in which the relevant SUASs will operate, approval of this application presents no threat to national security. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the proposed operations, the significant public benefit

– including enhanced safety, reduction in environmental impacts,no emissions, ability to legally obtain aerial photography and videography

services

– the grant of the requested exemptions is in the public interest. Accordingly, EPIC Creative /Miles Cooksy respectfully requests that the FAA grant the requested exemption without delay. Satisfaction of the criteria provided in Section 333 of the Reform Act

– size, weight, speed, ope rating capability, proximity to airports and populated areas, operation within the visual line of sight, public safety, and national security

– provide more than adequate justification to grant EPIC Creative /Miles the requested exemption, allowing for comm ercial operations as described herewith. Sincerely,

Miles Cooksy EPIC Creative