RedBea Productions, EXEMPTION REQUEST AND LEVEL OFSAFETY Page 1of 4

Friday, August 29, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11of the Federal

Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11.

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), 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, and

(91.401 - 91.417) Subpart E, of Title 14, 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 AIRCRAFT (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 its launch site

• An on-board radio transmitter that transmits the flight data from the telemetry system described

above to the ground station
RedBea Productions, EXEMPTION REQUESTAND LEVELOFSAFETY Page2of4

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.

PILOT IN COMMAND AND VISUAL 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.

INTENDED 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 OFSAFETY Page 3of 4

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 certificateunder14C.F.R.Part21,SubpartH.

• 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:

- 14 CFR Part 21Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2

- 14 CFR 91.9 Addendum Page 2

- 14 CFR 61.113, 61.133 Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14 CFR 91.151 Addendum Page 3

- 14 CFR Subpart E (91.401- 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c){4} and Paragraph 16(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 if you require additional information or clarification.

Sincerely,

Larry Roberts

Owner

RedBea Productions

Phone: 479-858-1493

Email: larry.roberts@hotmail.com
RedBea Productions, EXEMPTION REQUESTAND LEVELOFSAFETY Page4of4

Addendum Containing Exemption Requests and Equivalent 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 Radio
RedBea Productions, EXEMPTION REQUEST AND LEVEL OFSAFETY Page 5of 4

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.

14 C.F.R.Part 21,Subpart H: Airworthiness Certificates 14 C.F.R. 91.203(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 21Subpart H meets the

requirements of an equivalent level of safety under Part 11and 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 14 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.

14 C.F.R. 45.23 (b). Marking of the Aircraft

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 its 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 LEVELOFSAFETY Page6of4

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167 A.

14C.F.R. Civil aircraft airworthiness.

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.

14 CFR 91.9 Civil aircraft 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,9565,95658,10167, 10167A, 10602,32827,and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

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 inan 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 61.113 Subparagraph (b} even though the intent of this application is to

conduct a business.
RedBea Productions, EXEMPTION REQUEST AND LEVEL OFSAFETY Page 7of 4

14 CFR 91.109 Flight Instruction;Simulated instrument flight and certainflight 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.

14 CFR 91.119 Minimum safe altitudes: 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 of 400feet 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.

14 CFR 91.121Altimeter Settings.

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.

14 CFR 91.151Fuel requirements for flight inVFR conditions.

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 LEVELOFSAFETY Page8of4

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, Alterations

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 Medical.

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