# Rupprecht Law

# P. A

324DaturaStreet, Suite200 

### I WestPalm Beac:b, FL33401 P: (561) .222-6979 

### I E:jon@jru.pptedrtlaw.com

### IW: www.jrupprechtlaw.com

January 18th, 2015

U. S. DepartmentofTransportation DocketManagement System 1200 NewJerseyAve., SE, WestBuilding Ground Floor, Room Wl2-140, Washington, DC 20590
Re: Request for Exemption under Section 333 ofthe FAAModernization and Reform'Act and Part 11 ofthe Federal Aviation Regulations from 14 C.P.R. 61.113(a) and (b); 91.119(c); 91.121; 91.15l(a)(l); 91.405(a); 91.407(a)(l); 91.409(a)(l) and (2); 91.417(a) & (b).

Dear Sir orMadam: Pursuant to Section 333 ofthe FAAModernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, Wild Rabbit Productions, LLC developer and operator of Small Unmanned Aircraft (VA) equipped to conduct aerial photography for the motion picture and television industry for scripted closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations ("PARs") to allow commercial operation ofits UA, so long
as such operations are conducted within and under the conditions outlined herein or as may be establishedbytheFAA as requiredbySection 333. 1 Wild Rabbit Productions, LLC requests that the publication and comment procedures be waived in accordance with 14 C.P.R.§ 11.87 which states: § 11.87 Are there circumstances in which FAA may decide not to publish a summary of mypetition for exemption? The FAA may not publish a summary of your petition for exemption and request comments ifyou present orwe find good cause why we should not delay action on your petition. The factors we consider in decidingnotto request commentinclude: (a) Whether grantingyourpetitionwould set aprecedent. (b) Whetherthe reliefrequested is identicalto exemptions grantedpreviously.

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8-Issue a

Certificate ofWaiver for MotionPicture andTelevisionFilming.

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(c) Whether our delaying action on yourpetitionwould affect you adversely. (d) Whetheryou filed yourpetition in atimelymanner. Corresponding to the above sub-sections, Wild Rabbit Productions has good cause to requesttheFAAto waive the commentperiod and not delay action on the petitionbecause: (a) Wild Rabbit Productions would not set any precedent. Exemption #'s 11062, 11063, 11064, 11065, 11066, 11067, 11080 are all previously granted petitions to "allow operation[s] ofunmanned aircraft systems (UAS) for the purpose ofscripted, closed-set filming for the motionpicture and television industry." WildRabbit Productions agrees to the 

### SAME exact limitations as the above listed exemptions, which are included below, "for the purpose of scripted, closed-set filming for the motion picture and television industry." (b) This petition for exemption is requesting reliefidentical to the above mentioned seven petitioners. The regulations that Wild Rabbit Productions is seeking relief from were chosen based directly upon the FAA's chart included in the seven exemptions mentioned above listing which regulations needed exempting. This was done so that the FAA could waive the comment period and rapidly grant this petition. Furthermore, much of the petition below is copied directly from the petitions of the seven, except we have eliminated certain flawed parts (communication between the spotter and pilot via text, etc.) and made minor edits to the spelling, citations, or style. (c) Delaying the granting ofthis petition 

### would adversely affect the public. the FAA. and Wild Rabbit Productions. Thepublic, as well as theFAA, would be better servedbythe FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Wild Rabbit Productions is eagerly seekingto start commercial operations and is adversely affectedbythe above listedregulations. (d) Thepetitionhas been filed in atimelymanner.

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As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive UAS under controlled conditions in airspace that is: 1) limited; 2) predetermined; 3) controlled as to access; and, 4) would provide safety enhancements to the already safe operations in the film and television industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) oftheReformAct. Petitioner's contact info: WildRabbitProductions, LLC Attn: DrewRoberts Phone: 323-577-3977 Email: drew@wildrabbitproductions.com Address: 4310Wawona Street, Los Angeles, CA90065 RupprechtLaw, P.A. Attn: JonathanRupprecht Phone: 561-222-6979 Email:jon@jrupprechtlaw.com Address: 324 Datura Street, Suite 200, West Palm Beach,Florida 33401 

### Regulations from which the exemption is requested:

• 14 C.P.R.§ 61.113(a) & (b) • 14 C.P.R. § 91.119(c) • 14 C.P.R. §91.121 • 14 C.P.R.§ 91.151(a)(1) • 14 C.P.R. § 91.405(a) • 14 C.P.R. § 91.407(a)(1) • 14 C.P.R.§ 91.409(a)(1) & (2) • 14 C.P.R.§ 91.417(a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportationto 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 FAA Page 

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Modernization and Reform Act. In making this determination, the Secretary is required to determine which types ofUAdo not create a hazard to users ofthe NAS or the public or pose a threatto national security in light ofthe following:

• The UA's size, weight, speed, and operational capability; • Operation ofthe UAin closeproximityto airports and populated areas; and, • Operation ofthe UAwithin visual line ofsight ofthe operator (VLOS). Reform Act § 333(a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe national airspace system." 

### /d.§ 333(c) (emphasis added).2 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 ofthe Act that includes UAS's, from the requirement that all civil aircraft must have a current airworthiness certificate. "The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title if the Administrator finds the exemption in the public interest." 49 U.S.C. § 44701(f). 

### See also49 

## u.s.c. §4471l(b). Wild Rabbit Production's UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed ofno more than 50 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only within VLOS and only within the sterile area described in the Confidential Motion Picture and Television Operations Manual and Flight Operations and Procedures Manual attached as Exhibit 1 (hereinafter "the Operating Manual").3 Such operations will insure that the UAwill "not create a hazardto users ofthe national airspace system orthepublic."4

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for

exemptions under section 333, but for theAdministratorto craft conditions for the safe operation ofthe UAS, ifit should be determinedthatthe conditions set forth herein do not fulfill the statutoryrequirements for approval. 3 FAA Licensed Commercial Pilots, a Certified Flight Instructor, a FAA Designated Engineering Representative,

and members ofthe motionpictureindt1stryhave reviewed this manual an<!_have found it acceptable for UAflight Page 4 of17

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Given the small size ofthe UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUAto commence immediately. Also, due to the size ofthe UAand the restricted areas in which the relevant UA will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UA for movie and television operations, the grant ofthe 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 that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe movie andtelevision filming operations conducted with conventional aircraft. These limitations and conditions, taken directly from the seven exemptions granted to film companies (Exemption #'s 11062, 11063, 11064, 11065, 11066, 11067, 11080), Wild Rabbit Productions agrees to be bound when conducting commercial UA operations. These limitations have alreadybeenwritten and incorporated into the OperatingManual. The list oflimitations and conditions include the following:

operations in the film and television industry. Applicant submits this manual as a Confidential document under 14 C.F.R. § 11.35(b) as the entire manual contains proprietary information that the applicant has not and will not share with others. The manual contains operating conditions and procedures that are not available to the public and are protected from release underthe Freedom ofInformationAct 5U.S.C. § 552 

### et. seq. 4 ReformAct Section 333(b).

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1. The UA weighs less than 55 pounds, including batteries and camera gimbal. Operations requested in this petition for exemption are limited to the following aircraft described in the proprietary operator's manual: 

### AlliedDrones ChaosX-8. Proposed operations ofany otherUAwill require anewpetition or an amendment. 2. The UAshallnotbe flown at a speed exceeding aground speed of50 knots. 3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator's manual. All altitudes reportedtoATC mustbe in feetAGL. 4. The UAmust be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified onthe PIC'sFAA-issuedmedical certificate. 5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and PICmustbe able to communicate verbally at all times. 6. The operator's manual shall be maintained and made available to theAdministratorupon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operator's manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator's manual. The operator may update or revise its operator's manual. It is the operator's responsibility to track such revisions and present updated and revised documents to theAdministratoruponrequest. The operator must also present updated and revised documents ifit petitions for extension or amendment. Ifthe operator determines that any update orrevision would affect the basis ofthis exemption, then the operator must petition for amendment to their exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operator's manual. 7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ift11e inspection reveals a condition tll_at a.ffects t11e safe operation ofthe UAS, the Page 

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aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. The Ground Control Station shall be included in the preflight inspection. All maintenance and alterations shall be properlydocumented in the aircraftrecords. 8. AnyUAS thathas undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance withthe operator's manual. ThePIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and aircraft record entry are included inthe operator's manual. 9. The operator shall follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. An aircraft maintenance manual with maintenance/component/overhaul, replacement, and inspection/maintenance requirements has been established and included inthe operator's manual. 10. The Pilot InCommand (PIC) shall possess at least a private pilot certificate and at least a current third-class medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his/herpilot certificate. 11. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51 (b), a minimum of200 flight cycles and 25 hours oftotal time as a UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential for flight operations

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are considered non-participants, and the PIC must operate the UA with appropriate distance from non-participants in accordance with 14 C.P.R.§ 91.119. 12. Prior to operations conducted for the purpose ofmotion picture filming, the PIC must have accumulated and logged, in a manner consistent with 14 C.P.R. § 61.51 (b), a minimum offive hours as UAS pilot operatingthemake and model ofUASto beutilized for operations under the exemption and three take-offs and three landings in the preceding 90 days. During training, proficiency, experience-building, and take-off and landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 13. Prior to operations conducted for the purpose of motion picture filming, the PIC and visual observer (VO) must have successfully completed a qualification process, as outlined in the operator's manual. The test has been developed bythe operator and shall be implemented by a qualified person designated at the sole discretion ofthe operator. A record of completion of this qualification process must be documented and made available totheAdministratoruponrequest. 14. Prior to operations conducted for the purpose of motion picture filming, a flight demonstration, administered by an operator-approved and qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developedbythe operator, the petitioner will conduct thesetests in accordance withthe operator's manual. 15. The UAmay notbe operated directly over anyperson, except authorized and consenting production personnel, below an altitude that is hazardous to persons or property on the surface inthe event ofaUAS failure oremergency. 16. Regarding the distance from participating persons, the operator's manual has safety mitigations for authorized and consenting production personnel. At all times, those persons mustbe essential to the closed-set film operations. Because these procedures are Page 

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specific to participating persons, no further FSDO or Aviation 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, V3, C8, S1 

### Issue a Certificate ofWaiverforMotion Picture and Television Filming. 17. Regarding distance from non-participating persons, the operator must ensure that no persons are allowed within 500 feet ofthe area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet ifitwould not adversely affect safety and theAdministrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector's evaluation ofthe filming production areato note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect non-participating persons (observers, the public, news media, etc.) from debris in the event ofan accident. This is also consistentwith the same FAAOrder 8900.1,V3, C8, Sl. 18. Ifthe UA loses communications or loses its GPS signal, the UA must return to a predetermined location within the securityperimeter and land or be recovered in accordance withthe operator's manual. 19. The UA must abort the flight in the event of unpredicted obstacles or emergencies in accordance withthe operator's manual. 20. Each UAoperation must be completed within 30 minutes flight time or with 25% battery powerremaining, whichever occurs first. 21. The operator must obtain anAir Traffic Organization (ATO) issued Certificate ofWaiver
orAuthorization (COA) priorto conducting any operations underthis grant ofexemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, butnot less than48 hours priorto the operation. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.R. part 45, subpart C. Markings mustbe as

. large as practicable. Page 9 of

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### 23. The operator has developed procedures to document and maintain a record ofthe UA maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, andthe total time in service ofthe UA. 24. EachUAmust complywith all manufacturer SafetyBulletins and firmware updates. 25. The operator has developed UAtechnician qualification criteria and they are included in the operator's manual. 26. The preflight inspection accounts for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 27. The radio frequency spectrum used for operation and control ofthe UAcomplies with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 28. At least three days before scheduled filming, the operator ofthe UAS affected by this exemption must submit a written Plan ofActivities to the local FSDO withjurisdiction over the area of proposed filming. The 3-day notification may be waived with the
concurrence ofthe FSDO. The requirements for aplan ofactivities and a sample form are in the operator's manual. 29. The documents required under 14 C.F.R. § 

### 91.9 and § 

### 91.203 must be available to the PIC at the ground control station ofthe UAS any time the aircraft is operating. These documents must be made available to theAdministrator or any law enforcement official uponrequest. 30. The UAmust remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 31. UA operations may not be conducted during night, as defined in 14 C.F.R. § 

### 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. Page 10 of17

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32. The UAcannotbe operatedbythe PIC from anymoving device orvehicle. 33. The UAmaynotbe operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibilityis less than 3 statute miles from the PIC. 34. The UAmay not operate in Class B, C, or D airspace without written approval from the FAA. The UAmay not operate within 5 nautical miles ofthe geographic center ofa nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with aNOTAM as required bythe operator's COA. The letter ofagreement withthe airport managementmustbemade available to theAdministratorupon request. 35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COAmust be reported to the FederalAviationAdministration's (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations maynotbe conducted until the incident, accident, ortransgression is reviewed byAFS-80 and authorizationto resume operations is provided. Unless otherwise specified by the Administrator, the PIC, and operator must comply with all applicableparts of 14 C.F.R. including, butnotlimitedto, parts 45, 47, 61, and 91. 

### STATUT0 R Y CRIT E RIA P R0VID E D IN S E C

TI0N333 The UAproposed to be operated by the applicant weighs less than 55 lbs. fully loaded, carries neither apilotnorpassenger, carries no explosivematerials or flammable liquid fuels, and operates exclusivelywithin a secured area as outlined inthe operator'smanual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the criteria in the operator's manual, and under the requirements and in compliance with local public safety requirements, to provide security for the area ofoperation as is now done with conventional filming. The FAA will have advance notice ofall operations and has issued the aforementioned list of conditions and limitations. These safety enhancements, which**al~eady** apply to civil aircraft operated inC()11llection with**1notio~picture** and television Page 

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production, provide a greater degree of safety to the public and property owners than conventional operations. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national securityposedbythe UAS, due to its size, speed ofoperation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. The FederalAviationAct (49 U.S.C.§ 44701 (f)) and Section 333 ofthe ReformActboth authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas oftheparticularUAS. Inall cases, an analysis ofthese criteria demonstrates that the UAS 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. As there will beno airworthiness certificate issuedfor the unmanned aircraft, andno FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in the operator's manual for maintenance and use of safety check lists prior to each flight, willprovide an equivalentlevel ofsafety. Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability orplace to carry certification and registration documents or to display them onthe unmanned aircraft. An equivalent level ofsafetywill be achievedbykeeping these documents at the ground control point where the pilot flying the UAwill have immediate
access to them. Given the size ofthe unmanned aircraft, the FAA registration number will be displayed onthe airframe in as large a font as possible. 

### 14 C.F.R. 

### § 61.113 (a) & 

### (b): PRIVATE PILOT PRIVILEGES 

### AND LIMITATIONS: PILOT IN COMMAND. Sub-sections 61.113(a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations byrequiringthePIC operating the aircraft Page 12 of17

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to have a private pilot's license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth inthe Operating Manual. The level ofsafety provided bythe requirements included in the OperatingManual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe UAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations oftheUAS as requested with a privatepilot as thePIC exceeds thepresent level ofsafetyachievedby 14 C.F.R. § 61.113 (a) & (b). 

### 14 C.F.R. 

### §91.119: MINIMUMSAFEALTITUDES Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthehelicopter complies with anyroute or altitudes prescribedfor helicopters bythe FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Operating Manual, the UAS will never operate higher than 400 AGL. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheirpre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations as set forth in Chapters 1 and 13 ofthe Operating Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack offlammable fuel, any risk associated with Page 

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these operations is far less than those presentlypresented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the low-altitude operations ofthe UAS will ensure separation between these small UAS operations and the operations of conventional aircraftthatmust complywith Section 91.119. 14 C.F.R. 

### §91.121: ALTIMETERSETTINGS This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. 14 C.F.R.

### §91.151(A): FUELREQUIREMENTSFORFLIGHTINVFRCONDITIONS Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first pointofintended landing, and, assumingnormal cruising speed - (1) Duringthe day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The batterypowering the UAS provides approximately 40 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ornightVFRconditions is reasonable. Applicant believes that an exemption from 14 C.F.R. § 91.151 (a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in atightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151 (a) was intended to l:llleviate given the size and speed of the small UAS. Page 14 of17

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Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicantbelieves that an equivalent level ofsafety canbe achievedbylimiting flights to 30 minutes or 25% ofbattery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been grantedto other operations, includingExemptions 2689F,5745, 10673,and 10808 14 

### C.F.R. § 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 that aircraft inspected as prescribed in subpartE ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

... "andothers shall inspector maintainthe aircraft in compliancewithPart43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS's are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS
can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Operating Manual, Chapters 11 and 12, the operator will ensure that the UAS is in working order prior to initiating flight, will perform required maintenance, and will keep a log of any maintenance performed. 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. Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should itbedetermined thatpublication is needed: Applicant seeks an exemptionfrom the following rules:

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14 C.P.R. 61.113(a) and (b); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. orless) inmotionpicture andtelevision operations. Approval ofexemptions allowing commercial operations ofUAS's in the film industry will enhance safety by reducing risk. Conventional film operations, usingjet or piston power aircraft, operate at extremely low altitudesjustfeet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with aircraft that weigh in the neighborhood of4,000 lbs., carrying large amounts ofjetA or other fuel (140 gallons forjet helicopters shown below). Such aircraft must fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the film set and not flown. The UAS will carry no passengers or crew; therefore, it will not expose them to the risks associated withmanned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.
DRUGANDALCOHOLTESTING Theprevious seven exemptions granted did notmention alcohol ordrug testing; however, Wild Rabbit Productions has drug and alcohol testing procedures and a handbook which are included in Chapters 14 and 15 ofthe OperatingManual. This further goes to mitigate any safety
concerns. PRIVACY All flights will occur overprivate or controlled access property withthe property owner's PJ'iOr consent(llldknowledge. Filmingwillbe**~freople** who have also consented to being filmed Page 16 of17

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or otherwise have agreed to be in the area where filming will take place. The grant of this exemptionrequest will provide improved safety overthe use ofmanned aircraft. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provides more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS in the motionpicture and television industry pursuantto the OperatingManual appendedhereto.
Sincerelyyours,

JonathanB. Rupprecht, Esquire

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