AndOr Productions Phoenix, Arizona

To Whom It May Concern: Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 11
, AndOr Productions Inc requests an exemption from the Federal Av iation Regulations outli ned below

. AndOr Productions requests exemption in order to allow its use of the DJI Phantom 2 Unmanned Aerial System (UAS) in commercial operations for purposes of aerial photography/videography , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the F AA as required by Section 333 or Section 49 USC § 44701. AndOr Productions is willing to comply with conditions that the F AA has issued in recent Section 333 exemptions, specifically Exemption 111 53 (Burnz Eye V iew). Due to this agreement, in addition to the strong similarity of AndOr Productions' operations compared to those already approved for exemption, the FAA should be able to summarily process and approve this petition.

NAME AND ADDRESS OF THE PETITIONER AndOr Productions Inc Attn: Austin Coulson, Director of Operations 3502 E Blanche Dr Phoenix, AZ 85032 Phone: 480.305.4302 Email: info@andorpro.com

REGULA TI ONS FROM WHICH THE EXEMPTION IS REQUESTED 14 CFR § 61.1 13(a) & (b) 14 CFR § 91. 7(a) 14 CFR § 91.1 19(c) 14 CFR § 91.151(a) 14 CFR § 91.405(a) 14 CFR § 91.407(a)(1) 14 CFR § 91.409(a)(1) & (2) 14 CFR § 91.417(a) & (b)

The Petitioner also requests exemption from any other regulations the F AA deems necessary in order to operate the UAS as described herein.

I. DESCRIPT ION OF ACTIVITIES AndOr Productions wishes to use the DJI Phantom 2 UAS for commercial photography and videography under controlled conditions in airspace that is limited, predetermined and access

- controlled. Primarily , the function of the UAS operated by AndOr Productions will be for supplemental photography of real estate for the land owner

. By operating a small, lightweight aircraft under a strict set of limitations, AndOr Productions will be able to operate UAS in the N ational Airspace System (NAS) while satisfying the FMRA § 333 requirement to achieve an equivalent level of safety when compared to traditional aircraft. AndOr Productions further believes that its proposed operations will actually increase the level of sa fety when compared to traditional, manned aircraft carrying combustible fuel.II. DESCRIPTION OF AIRCRAFT

AndOr Productions plans to operate a DJI Phantom 22 UAS system. The Phantom 2 is a multi

- rotor aircraft equipped with an onboard NAZA computer stabil ization controller and GPS. The maximum loaded takeoff weight of the Phantom 2 is less than 3 pounds and the maximum airspeed is less than 30 knots. The DJI Phantom 2 operated by AndOr Productions will also contain a DJI iOSD Mini3 to provide real

- time fli ght telemetry to the Pilot in Command (PIC). Data points include:

• Power voltage and battery level percentage

• Distance between aircraft and home point

• Altitude

• Pitch/roll attitude

• Airspeed

• GPS status

• Aircraft nose direction

• Ve rtical velocity

• Azi muth angle The NAZA

controller and GPS allow the operator to set flight limits restricting the maximum altitude Above Ground Level (AGL) and maximum horizontal distance between the home point (takeoff point) and the aircraft. While the PIC will alway s be aware of these factors, the automated geo

- fencing technology provides a useful redundancy in keeping the aircraft within the Area of Operation (AO).

III. PILOT IN COMMAND Section 61.1 13(a) and (b) prescribes that

— (a) No person who holds a private pi lot certificate may act as a PIC of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may

, for compensation or hire, act as PIC 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. In Grant of Exemption No. 1 1062 to Astraeus Ae rial (Astraeus), the F AA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely af fect operations in the NAS or present a hazard to persons or property on the ground. AndOr Productions ’s proposed operation doe s not differ significantly from the situation described in Grant of Exemption No. 1 1062 to Astraeus. AndOr Productions plans to operate over property with the permission of the land owner/controller while also limiting access to the property during operati ons. Given the similar nature of AndOr Productions' proposed operating environment to that of Astraeus, the parallel nature of private pilot aeronautical knowledge requirements to those of commercial requirements, and the airmanship skills necessary to ope rate the UAS, AndOr Productions believes that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for the proposed operations. Therefore a PIC holding a private pilot certi ficate and valid drivers license is appropriate for the proposed operations.

IV

. AL TI TUDE Section 91.1 19(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below an altitude of 500 feet above the surface, e xcept over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Relief from § 91.1 19(c) is necessary because the aircraft will be operated at altitudes l ess than 500 feet AGL. By definition, the Unmanned Aerial Ve hicle (UA V) will be operated closer than 500 feet to persons or property

. An equivalent level of safety will be achieved given the size, weight, speed, and material with which the Phantom 2 is bui lt, as well as adherence to the following procedures: 1. The UA V will not be operated over congested or densely populated areas (defined as open airassemblies of persons or other areas where a safe forced landing cannot be accomplished due

to risk of endangering persons or property on the ground). 2. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, V

isual Observer (VO), operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA V and/or debris in the event of an accident. AndOr Productions will ensure that nonparticipating persons remain under such protection. If a sit uation arises where nonparticipating persons leave such protection and are within 500 feet of the UA V, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vess els, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator trainee s or essential persons do not present an undue hazard to those persons per § 91.1 19(a). 3. All operations will be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission f rom the land owner/controller or authorized representative will be obtained for each flight to be conducted. In all situations, the PIC will make a safety assessment of the risk of operating closer than 500 feet to persons, vessels, vehicles, or structures and will only undertake the operation if he/she determines that it does not present an undue hazard. The F AA has approved similar exemptions in 1 1062, 1 1063, 1 1064, 11 065, 1 1066, 1 1067, 1 1080, 1 111 0, and 1 11 53.

V. FUEL REQUIREMENTS Section 91.151(a) pres cribes that no person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising sp eed

— (1) During the day

, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. Relief from § 91.151(a) is necessary because the DJI Phantom 2 will only operate for approximately 25 minutes per charge, making operation of the aircraft impossible under this section. Safety features of the Phantom II include low battery warnings at 30% capacity and an automated landing when the battery reaches 15% capacity . These features, teamed with the small size and weight o f the UA V should more than achieve an equivalent level of safety . The F AA has approved similar exemptions in 2689, 5745, 10650, 10673, 10808, 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, and 1 11 53. VI

. AIRW OR

THINESS Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. The F AA has found in numerous exemptions that similar UAS operations do not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. AndOr Productions proposes that compliance with its operating documents be a sufficient means for determining an airworthy condition. Given the size of the aircraft and the requirements by which AndOr Productions has agreed to abide, an equivalent level of safety will be achieved by ensuring compliance with the AndOr Productions /Phantom 2 manuals prior to each flight. The F AA has approved similar exemptions in 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1111 0, and 1 11 53.

VII. MAINTENANCE/INSPECT ION 6 Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft shall have that aircraft inspected as prescribed in subpart E of this part and shall, between required inspections, except as provided in paragraph (c) of this section, h ave discrepancies repaired as prescribed in part 43,Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding , or alteration unless it has been approved for return to service by a person authorized under § 43.7 of this chapter

. Section 91.409(a) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 and has been approved for return to service by a person authorized by Sec. 43.7 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller , and each rotor

. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last 7 inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety direc tive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owne r or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. ( 2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. AndOr Productions requests an exemption to the above inspection/maintenance Federal Aviation Regulations (F ARs) and proposes the following maintenance/inspection proced ures that will achieve an equivalent level of safety: 1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft will b e prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control S tation will be included in thepreflight inspection. All maintenance and alterations will be properly documented in the aircraft

records. 2. Any UAS that has under gone maintenance or alterations that af fect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who co nducts the functional test flight will make an entry in the aircraft records. 3. The pre

- flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the op erating documents. 4. AndOr Productions will follow the UAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 5. AndOr Productions will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 6. Each UAS operated under the exemption will comply with all manufacturer Safety Bulletins. 7. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. Adherence to the above procedures, as well as others included in the attached documentation (including a preflight checklist) should provide more than an equivalent level of safety to the above FARs. The F

AA has approved similar exemptions in 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 111 09, 1 111 0, 1 111 2, and 1 11 53.

VIII. PUBLIC INTEREST Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or more and contain one or more living souls on board. AndOr Productions' UA V will weigh less than 3 pounds and contain no living crew (the PIC and VO being remotely located from the UA V). The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. There is no risk to an onboard crew while using a UA V. Tr aditional manned aircraft contain highly

- flammable fuel and are at risk of fuel spillage and fire in the event of an incide nt or accident. The battery

-powered Phantom 2 carries no fuel, eliminating this fire and environmental risk. Tr aditional aerial photography/videography operations using conventional aircraft can operate in very close proximity to persons and property on th e ground. While the F AA mitigates these risks in a variety of ways, the proposed UAS operations would reduce risks even further due to the limited size, weight, speed, operating conditions, and safety features of the Phantom 2. Furthermore, as Congress out lined in the F AA Modernization and Reform Act, integration of UAS into the NAS is inherently in the public interest, as long as it can be accomplished safely

. As described above, not only will the proposed UAS operations provide an equivalent level of safety to current operations

– they will actually provide a greatly

- im proved level of safety to the public and its property

.

IX . NA TIONAL SECURITY No national security issue is raised by the grant of this exemption. Given the size, load carrying capacity
, spe ed at which it operates, and the fact that it carries no explosives or other dangerous materials, the Phantom 2 poses no threat to national security

.

X. PRIV ACY All operations will be conducted over private or controlled

- access property with permission fr om the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

XI . SUMMAR

Y OF ANDOR PRODUCT IONS INC, SECTION 333 EXEMPTION REQUEST For pub lication in the Federal Register
, AndOr Productions hereby provides, pursuant to Part 1 1, a summary ofits exemption application to allow commercial operation of the DJI Phantom 2 unmanned aerial vehicle in

photography/videography work. An exemption is re quested from the following regulations:

14 C.P .R. §61.1 13(a)&(b) 14 C.P .R. §91.7(a) 14 C.P .R. §91.1 19(c) 14 C.P .R. §91.151(a) 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)

XII. CONCLUSION In summary

, AndOr Productions seeks exemption from the F ARs listed above in order to commercially operate a small unmanned aerial vehicle of less than 3 pounds for the purposes of aerial photography and videography

. Approval of this exemption will enhance safety by re moving the many risk factors caused by traditional, manned aircraft undertaking these operations.

Sincerely
,

Austin Coulson Director of Operations, AndOr Productions Inc