Bradley Garrett, Esq. Phone: +1 310-285-7373 bradley@cohengardnerlaw.com April 24, 2015 U
. S
. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 

# cohen gardner lip

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). To whom it may concern: In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, Tremendous! Entertainment, Inc. ("Tremendous"), operator of Unmanned Aircraft Systems ("UASs") which are setup to utilize aerial filming and photography for motion pictures and television productions, submits this exemption petition application. Tremendous seeks exemption from the aforementioned listed Federal Aviation Regulations ("FARS") to permitthe commercial operation of its UASs providing thatthe operations are conducted only according tothat which is provided in this petition for exemption or as may be currently or in the future required by the FAA as found in Section 333.1, or any other prevailing federal regulations. As outlined below, our request for exemption would allowthe operation ofsmall unmanned aircraft systems under established preset conditions in the air that are 1) narrow in scope 2) predetermined 3) access controlled and 4) improve upon the safety operations that commercial filming currently employ (such as using a manned helicopterfor aerial footage). Approval ofthis petition for exemption would improve safety as well as provide an opportunitytothe Secretary ofTransportation (the FAA Administrator's) to accomplish theirgoal to "...establish requirements forthe safe operation of such aircraft systems in the national airspace system ." See Section 333(c) of Reform Act. The name and address ofthe applicant is: Tremendous! Entertainment, Inc
. COO Jane Durkee (jane@tremendousinc.com, T: 952-258-0220) 10100 Viking Drive, Suite 200 Minneapolis, MN 55344 Tremendous hereby requests an exemption from the following regulations: • 14CFR Part 21 • 14 CFR 61.113 (a) & (b)

345 North Maple Dr , Su1te 181 • Beverly H1lls
. CA 9021 D • 31 D 285 7373 • f 31 D 285 7374 • www cohengardnerlaw com• 14 C.F.R. 91.7 (a) • 14 C.F. R. 91.119 • 14 C.F.R. 91.121 • 14 CFR 91.151 (a) • 14 CFR 91.405 (a) • 14CFR 407 (a) (1) • 14 CFR 409 (a) (2) • 14 CFR 417 (a) 

### & (b) The Tremendous exemption application is intended to achieve Congress' aims in passing Section 333(a)- (c) ofthe Reform Act. The reform act instructs the Secretary ofTransportation to give consideration to whether or not particular unmanned aircraft systems can successfully achieve sufficient safety measures for inclusion in the national airspace system ("NAS"). Such an exemption from the regulations will only serve as atemporary measure in anticipation ofthe fulfillment ofthe rulemaking requirement ofSection 332 ofthe Reform Act. In consideration ofthe petition the Secretary should consider which UASs are neither adangerto participants ofthe NAS orthe public at large or present the potential to threaten the national security ofthe United States. These factors should be considered according tothe Reform Act§ 333 (a):
• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Ifthe Secretary decides that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." Id. §333(c). Tremendous believes the provisions found in section 333 ofthe Reform Act create an obligation forthe FAA to process applications for exemption and, ifnecessary, forthe FAA to create standards for safe use ifsuch standards proposed in this petition for exemption fail to meet statutory requirements for approval. The authorityforthe FAA to issue such an exemption is expressly granted in The Federal Aviation Act
.This statutory authority'sterms include an exemption for civil aircraft, as defined under §40101 ofthe Federal Aviation Act, and includes UASs, withthe intentto exempt such from the mandate that every civil aircraft be required to possess avalid airworthiness certificate. Ifthe Administrator finds the exemption request in the public interest the Administrator may grant an exemption from requirements ofthe regulations promulgated under subsections (a) or (b) or sections 44702-44716 ofthis title. 49 U.S
.C. §44701(f); See 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1)
. The Administrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administratorfinds the exemption in the public interest
.49 U.S
.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Tremendous' UASs are rotorcraftwith acombined weight, including any necessary added filming equipment, offifty five (55) pounds or less. The UASs are capable of moving in vertical and horizontal positions at the same time
.The UASs can hover and are restricted to speeds of no more than thirtyfive (35) miles-per-hour as implemented by the dulytrained operator. UASs operations will always be conducted within the line ofsight ofthe operator and will be limitedtothe confines ofa properly secured area. For details about what constitutes a properly secured area please see Tremendous' safety operations protocol attached as exhibit 1. This application for exemption strongly expresses thatthe structure and operations ofthese UASs will "not create a hazard to users ofthe national airspace system orthe public." Reform Act 333 (b). It is congress's intentthatthe FAA allow commercial UAS operations to begin immediately through the process ofagranted exemption as long as the proposed operations satisfy the proper zone ofsafety. The limited size, intended cargo (filming equipment) and secure locality ensure there is zero national securitythreat stemming from granting approval ofthe operations ofthese particular UASs
. The administrator should grantthis application request because it carries outthe intent ofSection 333 ofthe Reform Act in addition to the authority ofthe Federal Aviation Act. The grant is in the best interests ofthe public because it limits harmful environmental factors and enhances the safety of both the public at large and filming industry workers
.Applicants hereby request their application for exemption be considered and approved as soon as itcan be processed
. 

### AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS The applicant seeks to have this exemption cover only civil aircraft as described therein this petition and subjectto the limitations proposed within this petition or as should be found necessary by the FAA. Motion picture filming companies already safely operate using combustible manned helicopters or other manned civil aircraft to achieve many tasks that non-combustible unmanned UASs can accomplish with the equivalent or better level ofsafety. Tremendous proposes and agrees tothe following limitations and conditions for commercial filming UAS operations conducted under agranted FAA exemption: 

### 1. The total combined weight ofthe UASs and attached equipment will weigh fifty five (55) pounds or less
. 

### 2. At all times the pilotwill operate the UAS in an unbroken visual line ofsight ("VLOS")
. 3. No flight operations will fly for more than thirty (30) consecutive minutes withoutfirst landing and changing the batteries and conducting necessary safety checks. 4. Once the battery is attwentyfive percent (25%) the operator must begin return to ground procedures. The UASs are not permitted to operate below twenty percent (20%) battery. 5. Maximum flight altitude shall not exceed four hundred (400) AGL. 6. A minimum three {3) man crew consisting ofthe UAS Pilot, Visual Observer, and Camera Operator is required to conduct operations
.7. The UASs Pilot in Command ("PIC") must have at least twentyfive (25) documented hours operating UASs. 8. The PIC must have the requisite knowledge about the components required to build and maintain the particular type of UASs type they are operating. 9. A PIC will have a private pilot's certificate. 

### 10. A PIC will notoperate an UAS within five (S) miles ofthe center ofan airport without permission from the local FSDO and clearance from the control tower ofthe airport. 

### 11. The pilot and observer will have at least athird class medical. 

### 12. UASs will only operate in a properly secured area. Tremendous pre-flight safety procedures require a secured perimeter as described in their pre-flight safety operations manual. 

### 13. A mandatory briefingthat all participating personnel (persons allowed intothe filming perimeter) must attend in orderto go over all pre-flight safety issues and procedures forthe day
. 

### 14. A FAA Form 7711-1, or an equivalent, modified as needed to fitthe requested exemption, will be filed with the relevant Flight Standards District Office. 

### 15. A UAS may not operate unless persons within one hundred (100) feet ofoperations have consented to being in the secured area, as provided in the Tremendous' pre operations safety manual. With certain enhanced safety procedures the required radius may be reduced as low as thirty (30) feet as described in the manual. No smaller distance radius shall be allowed withoutthe express approval ofthe relevant FSDO. 

### 16. The relevant FSDO shall receive awritten Activities Agenda at least three (3) days before a proposed filming date. 

### 17. At all operational times the pilot and observer will be able to maintain contact through voice communication
. 

### 18. Operations shall not be permitted in areas that do not have the consent ofthe property owners. 

### 19. Any necessary required permission and/or permits from territorial, state, county or cityjurisdictions, local law enforcement, fire department, or appropriate government agencies will be obtained accordingly. 

### 20. In the case ofemergency, loss ofcommunications or other malfunction, the UASs are preset to be able to return to a pre specified location in asafe manner. The UASs can abort aflight in unexpected situations or other emergencies. 

### 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) FAR §91.203 (a) (1) requires the establishment ofa process for the granting ofairworthiness certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, titled Airworthiness Certificates. The small size ofthe UASs and limited perimeter ofthe secured operations area allow for an equivalent level ofsafety as envisioned in Part 11 and Section 333 ofthe reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act. An exemption may be permitted afterconsideration ofthe size, weight, speed, operational capability,distance from airports and amount of persons near areas ofoperation. Acareful consideration ofthese factors makes it clear that UASs, lacking an airworthiness certificate, but, implementingthe proposed conditions and restrictions, can operatejust as safe ifnotsafer than conventional aircraft with an airworthiness certificate
. The UASs weigh less than fifty five (55) with afull load and cannot carry a pilot or hold any passengers. The UASs do not carry fuel or any other explosive orflammable liquids, and will only be operated within the secured zone as provided for in Tremendous' safety manual. The petition for exemption will only allow for tightly controlled and very closely observed operations as described in Tremendous' safety manual. The FAA will be informed in advance ofthe operations area and all local laws will be followed and abided by. Tremendous' UAS operations without an airworthiness certificate will be safer than conventional aircraft operating with an airworthiness certificate because ofthe conduct limitations provided for in this petition that are inapplicable tothe latter. The UASs safety requirements are similarto requirements used in the production and filming industry for civilian aircraft. The UASs operations do not pose athreat tothe national security ofthe United States, or any locality found within orwithoutthe United States. The purpose ofthe operations ofthe UASs is to create footage for the filming commercial and movie industry and is not intended in any way for hostile acts.The size, speed, area ofoperations, absence offlammable gasoline or other combustible liquids and limitations on payload weight present no credible threattothe United States
. 

### 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Tremendous seeks exemption from 61.113 so that it's PIC may hold a private pilot's certificate instead ofacommercial pilot's certificate. In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot's certificate operatingthe Astraeus UAS would "not adversely affect operations in the NAS or present a hazard to persons or property on the ground". Tremendous' safety training provides an equivalent level ofsafety and potentially helps exceed current safety levels when compared to manned aerial flights
.The knowledge Tremendous has about UAS operations is relevant and supplements the safety awareness the PIC learns from getting a private pilot's certificate. Tremendous provides safety and education through the use ofthe safety operations manual, pre-flight safety checks and proper care for it's UASs. 

### 14 C.F.R. §91.7(a): Civil aircraft airworthiness. A grant ofexemption from 91.7 is needed because there will be no airworthiness certificate
.The airworthy conditions will be determined according toTremendous' safety manual. The pre-flight safety procedures found in Tremendous' manual provides for an equivalent level ofsafety. The PIC will be responsible for making sure the aircraft is airworthy before each flight. 

### 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes the safe altitudes for operations ofcivil aircraft. This request for exemption asks forthe submitted UASs to be permitted to operate at altitudes up to four hundred (400) AGL. All operations will occur in a pre-secured area where all persons and property present will have given their informed consent. The location, size, weight and speed ofthe UASs provide for an equivalent level ofsafety. Conventional aircraft flying below five hundred (500} AGL present a much greater risk topersons and propertythan small UASs operating at the same altitude
. Risks to conventional aircraftthat are not applicable to UASs include combustible fuel and large payloads
.The low altitude will actually create an unintended buffer between UASs operating belowfour hundred (400) AGL and conventional aircraft operating above five hundred (500) AGL as required by Section 91.119. Section 91.119(c) provides that no aircraft shall operate within five hundred (500) AGL ofany "person, vessel, vehicle orstructure". Due to the commercial filming nature ofthe UASs operations, we request filming operations be permitted from much closer distances. This would all take place in accordance with pre-flight safety procedures. The operations manual provides that all persons within one hundred (100) feet must give theirconsent to be present and that such permission may be reduced to 30ftwith enhanced safety procedures in place in addition tothe mandatory safety briefing involving all persons including the PIC. Filming with UASs instead of manned helicopters provides an increased level ofsafety tothe public and the crew working on the set. 

### 14 C.F.R. §91.121 Altimeter Settings 91.121 contains language requiring an aircraftto maintain an altimeter. The UASs do not have a traditional barometric altimeter and therefore an exemption may be needed. The UASs are, however, able to provide an equivalent level ofsafety through use ofGPS altitude equipment. The GPS component attached to the UAS uses a communications telemetry data linkto send the AGL information tothe PIC to effectively monitorsafety and the flight path. Methods include GPS triangulation, digitally encoded barometric altimeter, radio altimeter or any combination
.The GPS on the UAS transmits the appropriate data digitallyto a ground readout handheld controlled by the PIC. The UAS PIC will reset the altitude to zero before every launch. 

### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) disallows aircraft from flying withoutfirst having at least thirty (30) minutes offuel beyond theirtime to take offand land under normal conditions if it is during the day and forty five (45) minutes forthe night
. Since the UASs can only operate for 30-45 mins total, before landing and replacing their batteries, an exemption may be needed. Allowing UAS operations until battery life has reached twenty percent (20%) of its full strength will ensure an equivalent level ofsafety compared to conventional aircraft operations with thirty (30) minutes extra fuel. The UAS is set to automatically return to a pre-determined landing spot in the case ofemergency and this can be accomplished very quickly
. Conventional aircraft generally have less flexibility for landingthan a small lightweight UAS
. 

### 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations are for conventional aircraft with an airworthiness certificate and are therefore incompatible with the operations ofan UAS. Tremendous' UAS operators are the best suited people to perform maintenance on the UASs
.This is because they have specialized knowledge aboutthe components that atypical aviation inspector would lack. The size, payload, location restrictions and height limits allow for an equivalent level ofsafety. Maintenance shall be performed on a daily basis as required and a log ofall maintenance activities kept. 

### ************************************In accordance with 14 

### C.F.R. Part 11, the summary below is provided for publication in the

**~ederal** Register, should it be determined

**th<~t** publication is warrontcd: Applicant seeks an exemption from the following rules: 14 

### C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) 

### & (b); 

### 91.7 (a); 91.119; 91.121; 91.151(a); 

### 91.405 (a); 91 .407 (a) (1); 91 .409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for commercial purposes small unmanned aerial systems (weighing less than S51bs) for aerial filming and photography for short films, motion pictures, and commercial filming. Approval forthis section 333 exemption will increase publicsafety and reduce the risk to on set personnel and property. Currently, most aerial filming is done by various filming studios using manned airplanes
.

**The~e** airplanes weigh thousands ofpounds and require the use ofcombustible gasoline in orderto operate. In comparison, an Unmanned Aerial System can accomplish the same commercial filming operations with an equivalentor better level ofsafety because they are lightweight, battery operated, and not equipped to carry persons into the NAS. The·exemption should be granted to allow the commercial operation ofTremendous' UASs underthe strict conditions outlined above. The UAS:; arc much slowerthan conventional aircraft and operatt:: in a pre-secured area, therefore, providing an equivalent level ofsafety. The UASs pose a reduced risk to on set filming when compared to conventional aircraft near persons and/or property. 

### Privacy Permission from property owners will be obtained priorto filming. UAS operations may not proceed unless
.persons proximate to the filming set have consented.

The UASs size, weight, speed, operatine capabilities, and proximityto airports and populated areas all satisfy Section 333 ofthe Reform 

### Act. All operations occurwithin the visual line ofsight ofthe operator and pose no threatto national security. Tremendous kindly requests consideration to receive a Section 333 exemption grant to allow the commercial operation ofTremendous' UASs in the commercial filming industry in accordance with the conditions requires, oras may be required, and in accordance withthe rules and procedures found int eh attached safety manual. Sincerely,

### The following exhibits have been submitted via post confidentiallyto supplementthis public electronic petition: Tremendous' UAS Models/Specs, Tremendous' safety protocol and certificate of liability insurance