RedBea Productions, EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of4

Friday, August 29, 201 5 U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1 200 New Jersey Avenue, SE., Washington, DC 20590 Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 20 12 and 1 4 C.F.R. Part 1 1
. I , Larry Roberts, Owner of RedBea Productions, am seeking an exemption from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 (bL 91.7 (a), 9 1 .9, 61.1 1 3, 61.133, 91.109, 91. 1 19, 91. 121, and (91.401 - 9 1 .417) Subpart E, of Title 1 4, Code of Federal Regulations (14 CFR}. This proposed exemption would allow for the operation of our unmanned aircraft (UA) which include the DJI Phantom, DJI Inspire, Cinestar 6 and Cinestar 8 for the purpose of aerial data collection
. Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. **THE UNMANNED**  **AI RCRAFT**  **( UA):** 

• Each of the UA are lightweight (weighing less than 55 pounds fully loaded), battery operated mulit-rotar aircraft capable of manual and fully automated flight. **THE UA**  **INCLUDES:**

• An on-board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller;
• An on-board camera capable of capturing imagery in the form of full color, high definition still photos and video
• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to i ts launch site
• An on-board radio transmitter that transmits the flight data from the telemetry system described above to the ground stationRedBea Productions, EXEMPTION REQUESTAND LEVEL OF SAFETY Page 2 of4

**THE GROUND**  **STATION PART**  **OF THE**  **SYSTEM:**

• A Pilot in Command ( PIC) In operational control of a mission from beginning to end, and who controls the UA while in the air

• 

### A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight which receives and displays system telemetry real time from the UA
• A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA while in flight.
**P I** **LOT I** **N COMMA** **ND AND**  **V I** **SUA L**  **OBSERVER:** The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC will hold at a minimum, a current Sport Pilot certificate. The PIC will perform maintenance on the system in accordance with manufacturer guidelines and/or instructions. In the event the PIC cannot perform maintenance, the UA will be returned to the manufacturer or a manufacturer certified technician to perform any necessary repairs I submit that the combination of the UA's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission.
**I NTENDED**  **USE:** The requested exemption would allow RedBea to use the UA for aerial image acquisition to support various applications as well as video documentation for the public good. Typical applications would include, but are not limited to:

• Videography/ Film-making
• Aerial Photography
• Aerial Mapping
• Aerial Inspection
• Agricultural Inventory The inherent ability of the UA is to capture imagery from a low altitude is far more effective than groundbased imagery for displaying the characteristics of buildings and objects, sites and properties or areas where consistent monitoring is needed. The applicant in the past has chartered fixed wing aircraft and/or helicopters for this purpose, which have proven more costly than many potential clients have been able to afford, resulting loss of opportunities. The reduced cost and higher quality data from the UA will be beneficial to the public in imagery and inspection applications.RedBea Productions, EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3of4

**PUBLIC SAFETY:**  UA's, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft running on combustible fuel; they operate at lower altitudes (under 400') with no people on board thereby reducing current risk levels and enhancing public safety. With a small payload and maximum flight time of approximately 20 minutes, UA's offer little or no risk to national security. **SUMMARY GRANT**  **REQUEST:** This request follows many others using similar systems and process that have been granted previously. I am requesting the FAA issue a summary grant of exemption as this request would not set a precedent.

• The DJI and Cinestar brands of UA have been shown to be airworthy and compliant with a significant level of safety. Previous 333 Grants of Exemption by the FAA further highlight that operations of the DJI and Cinestar UA will not adversely affect safety when compared to similar operations conducted by aircraft that have been issued an airworthiness certificate under 1 4 C.F.R. Part2 1, Subpart H.
• A grant of exemption would be in the public interest. THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED Beside each regulation number is the page of the attached Addendum upon which each may be found together with a proposed equivalent level of safety for each regulation:

- 1 4 CFR Part 21 Subpart H Addendum Page 1

- 1 4 CFR 9 1 .203 (a) (1) Addendum Page 1

- 1 4 CFR 45.23 (b) Addendum Page 1

- 1 4 CFR 91.7 (a) Addendum Page 2

- 1 4 CFR 91.9 Addendum Page 2

- 1 4 CFR 61. 1 13, 6 1
. 133 Addendum Page 2

- 1 4 CFR 9 1
.109, 9 1
. 119, 9 1
. 121 Addendum Page 3

- 1 4 CFR 91. 151 Addendum Page 3

- 1 4 CFR Subpart E (91 .401 - 91 .417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c){4} and Paragraph 1 6(e)(l ) Addendum Page 4 I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at any time ifyou require additional information or clarification. Sincerely, Larry Roberts Owner RedBea Productions Phone: 479-858-1493 Email: larry.roberts@hotmail.comRedBea Productions, EXEMPTION REQUESTAND LEVEL OF SAFETY Page4 of4

**Addendum Containing**  **Exemption Requests**  **and Equi** **valent Level**  **of Safety**  Appendix A - Flight Operations/Procedures Appendix B (attachments) - User Manual for DJI Phantom , DJI Inspire, Cinestar 6, Cinestar 8, Example Flight Log, Checklist Badge and MX-20 RadioRedBea Productions, EXEMPTION REQUEST AND LEVEL OF SAFETY Page 5of4 ADDENDUM
I, Larry Roberts, on behalf of RedBea Productions, request an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom, DJI Inspire, Cinestar 6 and Cinestar 8 Multi-Rotar UAs
. 

### 1 **4 C** **. F** **. R.**  

### Part **2 1** **, Subpart**  **H: A** **i rworth** **i ness**  **Cert i** **ficates** 

### 1 **4 C** **. F** **. R.**  

### 9**1 .203**  **(a) (** **1 )**  Subpart H, entitled Airworthiness Certificates, establishes 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 UA to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f}) and Section 333 of the FMRA both 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 UA. In all cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. Each of the UA to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 1 4 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UA due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
**1 4**  **C .**  **F .**  **R. 45** **. 23**  **(b). Mark** **i ng**  **of the**  **A i**  **rcraft** The regulation requires; When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin in letters not less than 2 inches nor more than 6 inches the words "restricted, " "light-sport, " "experimental

," or "provisional," as applicable. Even though the UA will have no airworthiness certificate, an exemption may be needed as the UA will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UA, two- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 4S.29 

### (f}. The equivalent level of safety will be provided by having the UA marked on i ts fuselage as required by 4S.29 (f) where the pilot, observer and others working with the UA will see the identification of the UA as "Experimental."RedBea Productions, EXEMPTION REQUESTAND LEVEL OF SAFETY Page 6 of4

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 1 0700, 8738, 10167 and 1 0167 A. **1 4**  **C .**  **F .** **R. C** **i v** **i l**  **a i** **rcraft a** **i rworth** **i ness** . The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of safety will be provided. **1 4**  **CFR 9** **1 .** 

**9 C** **i vil**  **a i** **rcraft flight manual, marking and placard requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91 .9, we propose that a current, approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A,9565,95658, 1 0167, 1 0167A, 1 0602,32827,and 1

0700. **1 4**  **CFR 61.1**  **1 3**  **Pr i** **vate pilot**  **pr i**  **vileges and**  **lim i** **tat i** **ons: Pilot**  **i n**  **Command and**  **6 1** **. 133**  **Commercial pilot**  **pr i** **vi l** **eges and**  **l i** **m i** **tat i** **ons.** The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must either 1. Hold a Private Pilot Certificate and have 10 hours of flight experience with this type of aircraft or 2. Meet the requirements of 8900.227 para 16(c)(2){c) "Operations without a pilot certificate 11 in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the pilot of a UA to gain the experience in an equivalent category and class in order to apply for a private pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum , FAA private pilot ground instruction and pass the FAA Private Pilot written examination. Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 61. 1 1 3 Subparagraph (b} even though the intent of this application is to conduct a business.RedBea Productions, EXEMPTION REQUEST AND LEVEL OF SAFETY Page 7of4

**1 4**  **CFR 91.109**  **Flight Instruct** **i on;**  **S i** **mu l** **ated i** **nstrument flight**  **and certa** **i n**  **flight tests**  The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The UA's ground-based control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meets the intent 91. 109 and provides an equivalent level of safety
. **1 4**  **CFR 91.1**  **1 9**  **M i** **n i** **mum safe**  **a l** **t i** **tudes: General.**  The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, we cannot comply with this requirement. In order to provide an equivalent level of safety The UA's will not be operated over congested areas or over any open air assembly of persons with prior approval. Any property owner affected will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. **1 4**  **CFR 9** **1 .** **1**

**2 1**  **Alt i** **meter Sett i**  **ngs**. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA'S on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. **1 4**  **CFR 9** **1 .** **1**

**51 Fuel**  **requirements for**  **flight i** **n VFR**  **cond i** **t i** **ons.** The regulation provides that no person begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly for at least 30 additional minutes.RedBea Productions, EXEMPTION REQUESTAND LEVEL OF SAFETY Page 8 of4

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. Each UA is battery operated and the maximum duration of flight from a single battery charge is up to 20 minutes with a 20% reserve. Since the aircraft will never fly outside of line of site from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR Subpart E (91.401 ,**  **91.417) Maintenance, Preventive Maintenance, A lterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 

### 39 and 

### 43. Paragraphs 

### 91.407 and 

### 91.409 require that the aircraft be "approved for return to service by a person authorized under 

### 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and 11 be authorized to approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections, changing modular components and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 

### 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. **8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16 (e)(1) Observer**  **Me dical.**  This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot or observer. The UA's maximum gross weight is less than 55lbs. ,are constructed primarily of plastic and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying passengers in a large aircraft is an unnecessary burden. I propose that the minimum medical requirements for the PIC and VO be vision corrected to 

### 20/20 and a valid state issued driver's license. The 

### 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.RedBea Productions, 

### – APPENDIX TABLE – FLIGHT OPERATIONS AND PROCEDURES **APPENDIX A**  **– FLIGHT**  **OPERATIONS/PROCEDURES** The UA’s will be operated under the following flight restrictions. **OPERATIONAL FLIGHT**  **RESTRICTIONS** The UA will be operated in the field with both a PIC and a VO in accordance with and with the following Restrictions:
 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 50 knots and no further than line of sight from the PIC;  All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation;  The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot with a similar UA type;  The UA will not be operated over densely populated areas; without prior approval.  The UA will not be operated over any open-air assembly of people; without prior approval.  The UA will not be operated within 5 NM of an airport or heliport; without prior approval.  Operations will be restricted to day only and weather conditions equivalent to VFR;  The PIC will brief the VO and property owner about the operation and risk before operation  No flight will be made without a Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe for flight **PRE -** **FLIGHT CHECKLIST**  Prior to operation preflight checklists provided by the manufacturer of the UA’s will be followed. Below is such an example. 1. Remote Controller, Batteries, and Ground Station Computer/tablet are fully charged. 2. Propeller is mounted correctly. 3. Camera lens cap has been removed. 4. Camera Micro-SD card has been inserted. 5. Ensure all physical connections are tight and secure. 6. Connect battery and secure in proper location. 7. Confirm motor can start and are functioning as normal. 8. Ground Station Computer/Tablet can connect to the camera. 9. When applicable, Pre Programmed Mission is queued. 10. Calibrate onboard compass if last flight was more than 10 miles from current launch location.RedBea Productions, 

### – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES

**TAKE OFF/LANDING**  **PROCEDURES** Manufacturer recommended Takeoff and Landing procedures will be followed. **TAKE OFF**  1. Power on the Remote Controller. 2. Power on the Camera. 3. Power on the aircraft. 4. Connect the Ground Station Computer/Tablet to the UA when applicable. 5. Wait for GPS Signal to lock and the aircraft to initialize entering the “Ready to Fly’ mode. 6. Initialize system to set home location. 7. Initiate Launch. **LANDING** 1. Bring aircraft to loiter upon completion of mission. 2. Confirm landing site is clear of any obstructions or personnel. 3. Initiate landing. **FAILSAFE FUNCTION**  The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight control system will automatically control the aircraft to return to home and land to reduce injuries or damage. The following situations would make the aircraft fail to receive a signal from the remote controller and enter Failsafe mode: 1. The remote controller is powered off. 2. The aircraft has flown out of the effective communication range of the remote controller. 3. There is an obstacle obstructing the signal between the remote controller and the aircraft, essentially reducing the distance the signal can travel. 4. There is interference causing a signal problem with the remote controller.RedBea Productions, 

### – APPENDIX TABLE – FLIGHT OPERATIONS AND PROCEDURES

**APPENDIX B**  **ATTACHED FILE –**  **USER’S MANUAL DJI PHANTOM**  **APPENDIX C ATTACHED FILE –**  **USER’S MANUAL DJI INSPIRE APPENDIX D**  **ATTACHED FILE –**  **USER’S MANUAL CINESTAR 6 APPENDIX E ATTACHED FILE**  **– USER’S MANUAL CINESTAR 8**  **APPENDIX F ATTACHED FILE –**  **EXAMPLE FLIGHT LOG**