Petition for Exemption Federal Aviation Administration Re: Unmanned Aircraft System use in NAS for co mp ensation

Petitioner, Birdseye Cinema. , hereby petitions the Federal Aviation Administration (“FAA”) for an exemption from Part 21; §§ 45.23(b); 61.113(a) and (b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) an d (b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exem ption, if granted, would allow operation of unmanned aircraft systems (UAS) for the purpose of closed

- set filming for the motion picture and television industry. The terms and conditions of Grant of Exem ption No. 11062 (Petition of Astraeus Aerial, Regulatory Docket No. FAA

- 2014

- 0352) are hereby incorporated by this reference as if fully set for herein with the exception of the m andatory Class 3 medical certificate. Petitioner hereby proposes the following terms and conditions for the grant of the exemption requested herein: The UAS proposed by the petitioner, the Inspire 1 is an unm anned four

- rotor, four

- motor “quadcopter” manufactured by DJI. The UAS is under 45pounds, wi ll be flown at all times under 4 00 feet AGL as measured by the UAS’ on

- board GPS system, will be kept within line of sight of the Pilot in Command (“PIC”), will have a separate safety Visual Observer (“VO”) at all times in communication with and within 5 feet of the PIC, will be flown at all times at speeds of no greater than 40 miles per hour, will be flown at all times during daylight hours, always using Visual Flight Rules (“VFR”) and within visual line of sight (“VLOS”),and never using first person v iew by the PIC. The PIC will be able

to use hum an vision unaided by any device other than corrective lenses as specified by a current state

- issued driver’s license. The PIC will provide the local Flight Standards District Office (“FSDO”) with notice of all of flight operations no less than 72 hours in advance of any intended f light. Each PIC will have over 1 00 hours of logged flight experience in the same UAS type or model, including 10 take offs and landings within the prior 30 days. The PIC will conduct a full and complete inspection of aircraft prior to the initial takeoff of each flight. Public Benefit

Rotorcraft are, except as provided in Section **§** 91.119, of the Federal Aviation Regulations (FAR) not allowed to fly less than 500 feet AGL. UAS on the other hand are best when flown between 50 and 300 feet AGL and in fact the best video quality is 50 to 100 feet. Standard manned Rotorcraft could and have cause d very serious damage including death to persons or property on the ground and even to pilo ts and passengers inside a manned Rotorcraft . A UAS weighing in at under twenty pounds would not be nearly as hazardous. Additionally, a Standard Rotorcraft is larger than a standard truck whereas the UAS is substantially sm aller. It is considerably safer for the public to have a UAS accomplish the job of aerial photography or videography than a manned helicopter just based on size alone. In addition, the UAS can be operated for substantially less costs , and less environmental im pact than a regular m anned helicopter. The public is significantly served by reducing the cost of videography via UAS aircraft. Proposed Operational Parameters The PIC will follow the manufacturer’s UAS aircraft/component,
ma intenance, overhaul, replacement, inspection, and li fe limitrequirements. When unavailable, aircraft

ma intenance/component/overhaul, replacement, and inspection/m aintenance requirements will be established and identified in the operator’s manual. At a minimum, the following will be included in the operator ’s m anual: 1. Actuators / Servos
2. Transmission (single rotor)
3. Powerplant (m otors)
4. Propellers
5. Electronic speed controller
6. Batteries
7. Mechanical dynamic components (single rotor)
8. Rem ote co mmand and control
9. Ground control station (if used)
10. Any other co mponents as determined by the operator Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be pr ohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, will be included in the preflight inspection. All maintenance and alterations wil l be properly docum ented in the aircraft records. Any UAS that has undergone m aintenance or alterations that affectthe UAS operation or flight characteristics (e.g. replacement of a

flight critical component) will undergo a functional test flight in accor dance with the operator’s manual. The PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the oper ator’s manual.
Prior to operations conducted for the purpose of m otion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a mini mu m of five hours as a UAS pilot operating the ma ke and model of UAS to be utilized for operations under the exemption and three take

- offs and three landings in the preceding 90 days. Training, proficiency, experience

- building, and take

- off and landing currency flights can be conducted under this grant of exem ption to accomplish the required flight tim e and 90 day currency. During training, proficiency, experience

- building, and take

- off and landing currency flights all persons not essential for flight operations are considered non

- participants, and the PIC must operate the UA with appropriate distance from non

- participants in accordance with 14 CFR § 91.119. Prior to any flight operations authorized by this grant of exem ption, the PIC and VO m ust have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and im

plem ented by a qualified person designated at the sole discretion of the operator. A record of com pletion of this qualification process m

ust be documented and made available to the Administrator of the FAA (the “Administrator”) upon request. Prior to operations conducted for the purpose of m otion picture filming (or similar operations), a flight demonstration, adm inistered by an operator

- ap proved and qualified pilot must besuccessfully com pleted and docum ented. This documentation m ust be available for review upon request by the Ad ministrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual. The UAS will not be operated directly over any person, except authorized and consenting production personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency. Regarding the distance from participating persons, the op erator’s manual has safety mitigations for authorized and consenting production personnel. At all times, those persons m ust be essential to the closed

- set film operations. Because these procedures are specific to participating persons, no further FSDO or A viation Safety Inspector (“ASI”) approval is necessary for reductions to the distances specified in the petitioner’s manuals. This is consistent with the manned aircraft procedures described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 Issue a Certi ficate of Waiver for Motion Picture and Television Filming (the “Order”). In accordance with minim um safe distance of an operating aircraft , the Pilot in command (PIC) will ensure that no persons are allowed within 500 feet of the area except those co nsenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For exam ple, an equivalent level of safety may be determ ined by an aviation safety inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect non

- participating persons (e.g. observers, thepublic, news media) from debr is in the event of an accident. This is

also consistent with the Order. If the UAS loses communications or loses its GPS signal, the UAS m ust return to a pre

- determined location within the security perimeter and land or be recovered in accordance wi th the operator’s manual. The proposed UAS, the DJI Inspire 1, is designed to increase altitude 20 meters or 60 feet upon loss of signal between the ground controller held by the pilot and the aircraft itself. Upon reaching the higher altitude (a safety fe ature to avoid people, trees and buildings), the UAS will return to its original take

- off point of origin and slowly land. It is critically im portant for the pilot to calibrate the aircraft prior to its flight. The calibration procedure sets the compass an d lets the aircrafts onboard com

puter know where it is located on Earth. The UAS also has a Flytrex black box system installed which tracks every flight so if a loss of link to the aircraft from the controller ever occurs, then the pilot can follow and retrieve the UAS when it lands. Additional details concerning lost

- link failsafes can be found in the Operator’s Manual. The PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. Each UAS oper ation m

ust be completed within 30 minutes flight time or with 30 % battery power remaining, whichever occurs first. The PIC will request a Notice to Airmen (“NOTAM”) not more than 72 and not less than 48 hours prior to the operation. The operator will devel op procedures to docum ent and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures will be added to the operator’s manual

. Each UAS operated under this exem ption will comply with allmanufacturer Safety Bulletins.

The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual. The preflight inspection section in the ope rator’s manual must be am ended to include the following requirement: The preflight inspection m

ust account for all discrepancies, i.e. inoperable com ponents, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s m anual. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS must comply with the Federal Communications Commission (“FCC”) or other appropriate governm ent oversight agency requirements. At least three days before scheduled filming, the operator of the UAS affected by this exem ption m ust submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FS DO. The plan of activities must include at least the following: a. Dates and times for all flights b. Name and phone num

ber of the operator for the UAS filming production conducted under this grant of exem ption c. Na me and phone num

ber of the person responsible for the on

scene operation of the UAS d. Make, model, and serial or N

num ber of UAS to be used e. Name and certificate number of UAS PICs involved in the filming production event f. A statement that the operator has obtained permission from pro perty owners and/or local officials to conduct the filming production event; the list of those who gave permission must be ma de available to the inspector upon request.g. Signature of exemption

- holder or representative

The documents required under 14 CFR § 91.9 and § 91.203 will be available to the PIC at the ground control station of the UAS any time the aircraft is operating. These docum ents must be made available to the Administrator or any law enforcement official upon request. The UAS will remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, Airplane , Rotorcraft , Glider , Lighter than air , powered Parachute, weight shifted control, etc.). UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual me teorological conditions (“VMC”). Flights under special visual flight rules (“SVFR”) are not authorized. The UAS will not be operated by the PIC from any moving device or vehicle. The UA S will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. The UA S will not operate in Class B, C, or D airspace without written approval from

the FAA. The UA S will not be operate d 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 m ust be made available to the Administrator upon request. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as definedby the applicable COA m ust be reported to the FAA UAS Integration Office (AFS

- 80) within 24 hours. Such accidents m ust be reported to the National Transportation Safety Board ( “NTSB”) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided. Unless otherwise specified in this grant of exem ption, the UAS, PIC, and operator must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. The Federal Aviation Administration by and through its authorized representative is re quested to approve this petition based on the above terms and conditions for a certificate of authority and certificate of exemption to operate within the above parameters for com pensation or hire within the United States National Air Space. Respectfully s ubm itted:

Christopher	L,	Lum Owner

- Operator Birdseye	Cinema