7050 Lindley Way Hamilton, OH 45011

Ian Murray

President ian@spoton.productions 513-779-4223

Friday, June 26, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Regulatory Docket No.

________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Murray Multimedia Resources, LLC dba SpotOn Productions

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS: Part 21 Subpart H, 45.23 (b), 61.113(a) &(b), 91.7 (a), 91.9 (b) (2), 91.103, 91.109 (a), 91.119 (c), 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409(a)(1) &(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF TWO (2) DJI PHANTOM 2 VISION+

,

AND ONE (1) DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)



### of 1 13Dear Sir or Madam:

SpotOn Productions is petitioning the Federal Aviation Administration (FAA) for an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 11. The exemption is necessary to operate a small unmanned aircraft system (sUAS) commercially in airspace regulated by the FAA. The exemption would allow operation of two (2) DJI Phantom 2 Vision+ and one (1) DJI Inspire sUAS for the purpose of videography and photography in controlled access areas for the purposes of: commercial development, land use planning, economic development, construction progress (legal) documentation, corporate marketing & promotions, 3D building/landscape modeling, golf course promotion, government/ civic photography and videography, and regional tourism promotion. This document will outline requested relief from regulations pertaining to this exemption.

SpotOn Productions agrees to operate within the boundaries set forth by this exemption. Along with rules and regulations that the FAA has in place. SpotOn Productions plans to use additional safety precautions were they see fit to ensure safe sUAS operations. Implementation of lightweight sUAS is a tool that can greatly improve the safety standards of or National Airspace System (NAS). sUAS can fly operations that would traditionally require larger manned aircraft, which carry pilots and gallons of flammable fuel. Please allow SpotOn Productions to offer sUAS operations to promote the safe, efficient, and responsible use of sUAS.

Sincerely,

Ian W. Murray President Murray Multimedia Resources dba SpotOn Productions 513-779-4223 Ian@SpotOn.Productions



### of 2 13

## Table of Contents

Glossary of Abbreviations.........................................................3

List of Attachments...............................................................................4

Introduction and Interest of Petitioner...............................................4 Unmanned Aircraft Systems................................................................4 Equipment List.........................................................................5 Unmanned Aircraft Pilot in Command (PIC)......................................6
Operations of sUAS ...............................................................................7 Requested Exemptions from Regulations .........................................9

Public Interest.........................................................................................13

Conclusion..............................................................................................13



## Glossary of Abbreviations

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation FOPM Flight Operations & Procedures Manual

MAAP Mid Atlantic Aviation Partnership

NAS National Airspace System

PIC Pilot in Command

sUAS Small Unmanned Aircraft Systems

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer VLOS Visual Line of Sight



### of 3 13

## List of Attachments

• DJI Phantom 2 Vision+ User Manual



### • DJI Phantom 2 Vision+ Pilot Training Guide



### • DJI Inspire 1 User Manual



### • DJI Inspire 1 Safety Guidelines



### • DJI Inspire 1 Maintenance Manual



### • SpotOn Productions FOPM



## Section 1: Introduction and Interest of Petitioner

SpotOn Productions is a production company (photography and videography) located in southwest Ohio. SpotOn Productions utilizes three current DJI sUAS platforms for the purpose of photography and videography in controlled access areas. SpotOn Productions is committed to offering professional, safe and responsible sUAS flight operations.

It shall be the intent of every SpotOn Productions sUAS operator to make a responsible effort not to invade a person's reasonable expectation of privacy when operating the sUAS. When operating the sUAS, SpotOn Productions’ operators will abide by all FAA Regulations for flight and receive the proper authorization for flight. 

## Section 2: Unmanned Aircraft Systems

General Information Pertaining To All Proposed sUAS

SpotOn Productions will operate sUAS weighing less than 55 pounds, for the purpose of conducting aerial videography and photography, with payloads capable of supporting these operations.

Prior to each flight the PIC shall inspect the sUAS to ensure in is in a condition for safe flight. If this inspection reveals a condition that affects the safe operations of the sUAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. Ground Control Station will also be included in preflight inspections. Maintenance and alterations must be properly documented as described in the FOPM (pg. 6).

Any maintenance or alterations made to a sUAS must be documented in the appropriate logbook, and the sUAS must undergo a functional test flight prior to it being returned to service. Any repairs or alterations must meet the manufacturer’s guidelines, with particular attention to flight critical components that may not be addressed in the manufacturer’s manuals. Only personnel who are authorized shall perform such operations.



### of 4 13SpotOn Productions will follow all sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. All maintenance, inspections, and record keeping will be done in accordance with the operator’s manual, and will be noted in the appropriate logbook.

Each sUAS operated under the proposed exemption shall comply with all manufacturer System and Safety Bulletins.

Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS shall comply with Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.



## Equipment List

DJI Phantom 2 Vision+ (x2)

SpotOn Productions seeks an exemption to operate two (2) DJI Phantom 2 Vision+ sUAS for compensation and hire. The DJI Phantom 2 Vision+ is comprised of a quadrotor unmanned aircraft and a handheld ground control station. The Phantom 2 Vision+ has a maximum gross weight of approximately 2.8 pounds and diagonal diameter of approximately 14 inches. The Phantom 2 Vision+ is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in the DJI Phantom 2 Vision+ User Manual (specs pg. 48). PIC will conduct preflight inspections as documented in SpotOn Productions’ FOPM and the DJI Phantom 2 Vision+ User Manual (pg. 25).

For complete information on the DJI Phantom 2 Vision+ , including Radio Frequency (RF) spectrum used for control of the sUAS (pg. 49), please reference the attached DJI Phantom 2 Vision+ User Manual.

DJI Inspire 1

SpotOn Productions seeks an exemption to operate one (1) DJI Inspire 1 sUAS for compensation and hire. The DJI Inspire 1 is comprised of a quad-rotor unmanned aircraft and a handheld ground control station. A second controller may be used by an addition person to operate the camera only. The Inspire 1 has a maximum gross weight of approximately 6.5 pounds and diagonal diameter of approximately 23 inches. The Inspire 1 is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in the DJI Inspire 1 User Manual (specs pg. 57). PIC will conduct preflight inspections as documented in SpotOn Productions’ FOPM and the DJI Inspire 1 User Manual (pg. 49 ).

For complete information on the DJI Inspire 1, including Radio Frequency (RF) spectrum used for control of the sUAS (pg. 58), please reference the attached DJI Inspire 1 User Manual.



### of 5 13

## Section 3: Unmanned Aircraft Pilot in Command (PIC)

SpotOn Productions’ flight crew, including PIC and Visual Observer (VO), will be qualified as directed by SpotOn Productions’ FOPM (pg. 7, “Operators”).

All flight crew members, including PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulations (CFR), and/or FAA directives and regulations, applicable to airspace where the sUAS will operate. Specifically all flight crew members will receive training on the rules and responsibilities described in 14 CFR Part 91, Sections 91.111, 91.113, and 91.115.

All PIC must meet current FAA minimum requirements regarding regulations for operator status. To meet current compliance, the PIC must possess at least a current sport pilot certificate and valid driver’s license. The PIC for SpotOn Productions is currently completing sport pilot certification.

All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. This condition and limitation is consistent with all FAA approved Exemptions

.



### of 6 13

## Section 4: Operation of sUAS

Operational Limitations

SpotOn Productions is seeking sUAS operation under the following operational limitations. These follow SpotOn Productions’ FOPM (attached).



### • Unmanned aircraft must weigh less than 55 lbs. (25 kg).



### • Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the operator or visual observer.



### • At all times the small unmanned aircraft must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.



### • Small unmanned aircraft may not operate over any persons not directly involved in the operation.



### • All operations will be conducted in controlled access areas.



### • Daylight-only operations (official sunrise to official sunset, local time).



### • Must yield right-of-way to other aircraft, manned or unmanned.



### • Must use visual observer (VO).



### • First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.



### • Maximum airspeed of 50 mph (44 knots).



### • Maximum altitude of 500 feet above ground level (AGL).



### • Minimum weather visibility of 3 miles from control station.



### • The sUAS may not operate within 5 nautical miles of an airport unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA.



### • No person may act as an operator or VO for more than one unmanned aircraft operation at one time.



### • No careless or reckless operations.



### • Operator is responsible for maintaining and inspecting the sUAS to ensure that it is in a condition for safe operation.



### • Requires preflight inspection by the operator.



### • A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a sUAS.



### • Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics mush undergo a functional flight test prior to conducting further operations.



### • All sUAS are equipped with GPS and return to home functionality should loss of link occur.



### • The PIC must abort the flight in the event of unpredicted obstacles or emergencies.



### • The sUAS will not be operated less than 500 feet below, or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.



### of 7 13

## Operations

SpotOn Productions is a production company (photography and videography) located in southwest Ohio. SpotOn Productions utilizes three current DJI sUAS platforms for the purpose of photography and videography in controlled access areas. SpotOn Productions is committed to offering safe and responsible sUAS flight operations.

Current applications of SpotOn Productions’ sUAS are flown in low risk, controlled access areas including: commercial development, land use planning, economic development, construction progress (legal) documentation, corporate marketing & promotions, 3D building/landscape modeling, golf course promotion, government/civic photography and videography, and regional tourism promotion. Protocols and controls are in place to ensure safety of property and nonparticipating people. These include, but are not limited to: not operating over any persons not directly involved in the operation, conducting all operations in controlled access areas, and posting warning signs for the public at the perimeter of the controlled access area. Protocols and controls are executed before, during, and after every flight to ensure safety, and are outlined within SpotOn Productions’ FOPM (attached).

SpotOn Productions believes that the public can benefit greatly with the addition of sUAS photography and videography in the local market by providing safer photography and videography than that provided by traditional manned aircraft. Current use of manned aircraft are noisy and operate with greater potential risk. SpotOn Productions can perform tasks at a lower risk level while at the same time not disrupting the surrounding community. Benefits of sUAS photography and videography include: less noise (electric motors vs gas powered engines), significantly reduced aircraft size and weight (sUAS are less than 55 lbs; our current aircraft all weigh less than 8 lbs), slower flight speeds (1 MPH to 50 MPH), carrying no pilots or crew, no gallons of flammable fuel onboard, and greater versatility to safely capture closer, lower altitude shots

. SpotOn Productions’ first priority is safety. All operations performed will meet FAA safety standards , keeping the NAS safe for manned aircraft flight.



### of 8 13

## Section 5: Requested Exemptions from Regulations

14 C.F.R. Part 21 Subpart H - Airworthiness Certificates [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01 ; NPRM 2-15-2015] “The FAA believes that treating small UAS as a single category without airworthiness certification would accommodate a large majority of small UAS businesses and other non-recreational users of UAS. The operational limits in this proposed rule would mitigate risk associated with small UAS operations in a way that would provide an equivalent level of safety to the NAS with the least amount of burden to business and other non-recreational users of even the smallest UAS. ” -Pages 53-54



### 14 C.F.R. § 45.23 (b) - Display of marks; general. [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01 ; NPRM 2-15-2015] “The FAA acknowledges that some small unmanned aircraft may be too small to comply with the minimum-display-size requirements of part 45. However, as mentioned previously, part 45 already contains a provision, § 45.29(f), that would address this issue by allowing the too-small aircraft to simply display its registration number in as large a manner as practicable. Accordingly, the size of the small unmanned aircraft would not be a barrier to compliance with the provisions of Subpart C of part 45. ” -Page 130



### 14 C.F.R. § 61.113 (a) & (b) - Private Pilot Privileges and Limitations: Pilot in Command

. [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01 ; NPRM 2-15-2015] “The FAA proposes to require that applicants for an unmanned aircraft operator certificate with a small UAS rating pass an initial knowledge test to demonstrate that they have sufficient aeronautical knowledge to safely operate a small UAS. The FAA proposes a knowledge test rather than a required training course in order to provide applicants with flexibility as to the method that they use to acquire aeronautical knowledge. ” -Page 103

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations and applicable knowledge level by requiring the PIC operating the sUAS to have at minimum a sport pilot’s certification rather than a commercial pilot’s license to operate a sUAS. Unlike a conventional manned aircraft, a sUAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing sUAS use by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b).



### of 9 13

### 14 C.F.R. § 91.7 (a) - Civil aircraft airworthiness. [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01; NPRM 2-15-2015] “FAA noted that, as mentioned previously, due to their light weight, small unmanned aircraft generally pose a significantly lower risk to people and property on the ground than manned aircraft. This relatively low risk is mitigated even further by the see-and-avoid and loss-of-positive-control provisions of this proposed rule, which are discussed above. Accordingly, based on existing information, the FAA believes that requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to the existing regulations of part 43, or to obtain a PTO, would not result in significant safety benefits. As a result, this proposed rule would not require small UAS compliance with part 43 or the application for, or issuance of, a PTO.

Instead, this proposed rule would require, in § 107.21(b), that prior to each flight, the operator must inspect the small UAS to ensure that it is in a condition for safe operation. The operator could do this by, for example, performing a manufacturer-recommended preflight inspection or performing an on-the-ground test of the small UAS to determine whether safety-critical systems and components are working properly. ” -Page 90

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 in the sUAS User and Maintenance manuals, for maintenance and use of safety check lists prior to each flight, as set forth in SpotOn Productions’ FOPM, an equivalent level of safety will be provided.



### 14 C.F.R. § 91.9 (b)(2) - Civil Aircraft Flight Manual in the Aircraft Section 91.9 (b)(2) states that no person may operate a U.S.-registered civil aircraft ...unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual

. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it.



### 14 C.F.R. § 91.103- Preflight action. Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight. See SpotOn Productions’ FOPM - Pre-Flight Protocol.



### of 10 13

### 14 C.F.R. § 91.109 (a) - Flight instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. SUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.



### 14 C.F.R. § 91.119 (c) - Minimum safe altitudes: General. [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01; NPRM 2-15-2015] “With regard to the vertical boundary, the FAA proposes, in § 107.51(b), to set an altitude ceiling of 500 feet above ground level (AGL) for small UAS operations that would be subject to this proposed rule. The FAA chose to propose 500 feet as the vertical area-of-operation boundary because most manned aircraft operations take place above 500 feet. Specifically, most manned aircraft operations conducted over uncongested areas must be flown at an altitude above 500 feet AGL, while most manned aircraft operations conducted over congested areas must be flown at an even higher altitude. Thus, a 500-foot altitude ceiling for small UAS operations would create a buffer between a small unmanned aircraft and most manned aircraft flying in the NAS.

...Even though some manned aircraft operations take place at an altitude below 500 feet, there is significantly less air traffic at or below 500 feet than there is above 500 feet altitude. As a result of this difference in air-traffic density, the FAA has determined that small UAS operations would not pose a significant risk to manned aircraft operations taking place below 500 feet altitude if proper precautions are taken by the small UAS operator. ” -Pages 77-78



### 14 C.F.R. § 91.121 - Altimeter settings. Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As a sUAS may not have a barometric altimeter, but instead GPS altitude data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the FOPM, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.



### 14 C.F.R. § 91.151 (a) - Fuel requirements for flight in VFR conditions. 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 point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes . . . .”



### of 11 13Proposed relief would be that SpotOn Productions be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the sUAS to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.



### 14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b) - Maintenance Inspections [Per RIN: 2120–AJ60; Docket No.: FAA-2015-0150; Notice No.: 15-01; NPRM 2-15-2015] “FAA noted that, as mentioned previously, due to their light weight, small unmanned aircraft generally pose a significantly lower risk to people and property on the ground than manned aircraft. This relatively low risk is mitigated even further by the see-and-avoid and loss-of-positive-control provisions of this proposed rule, which are discussed above. Accordingly, based on existing information, the FAA believes that requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to the existing regulations of part 43, or to obtain a PTO, would not result in significant safety benefits. As a result, this proposed rule would not require small UAS compliance with part 43 or the application for, or issuance of, a PTO.

Instead, this proposed rule would require, in § 107.21(b), that prior to each flight, the operator must inspect the small UAS to ensure that it is in a condition for safe operation. The operator could do this by, for example, performing a manufacturer-recommended preflight inspection or performing an on-the-ground test of the small UAS to determine whether safety-critical systems and components are working properly. ” -Page 90

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply. Maintenance will be accomplished by the operator. An equivalent level of safety will be achieved because the sUASs are limited in size, will carry a small payload and operate only in controlled access areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 500 feet AGL. As provided in the FOPM, the operator will ensure that the s UAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.



## Protection of Rights and Privacy

sUAS PIC, VO, or any other person involved in flight mission are to observe privacy rights or expectations of the public. Any person involved in any unlawful flights that may jeopardize someone's privacy right or expectations will be held accountable for their actions.



### of 12 13

## Public Interest

As established by the sUAS exemptions already granted by the FAA, allowing commercial operations of sUASs for aerial videography and photography will enhance safety by reducing risk. Conventional aerial operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of fuel. Such aircraft must also fly to and from the location. In contrast, a sUAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The sUAS is carried, and not flown, to a location. In this regard, the sUAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of sUASs conducted in the strict conditions outlined in the FOPM will provide an equivalent level of safety supporting the grant of the exemption requested herein. The sUASs operate at slow speeds, close to the ground, and in a controlled access environment. As a result, they are far safer than conventional operations conducted with turbine helicopters flying near the ground and people.



## Conclusion

SpotOn Productions is committed to supporting and promoting the safe and responsible implementation of sUAS into our National Airspace System (NAS). SpotOn Productions believes it can perform safe, efficient, and responsible sUAS flight operations; promoting legal flight operations solutions to ensure greater public safety and discouraging unlawful use, while lessening the risk to pilots, property, and civilians.

Sincerely,

Ian W. Murray President Murray Multimedia Resources dba SpotOn Productions 513-779-4223 Ian@SpotOn.Productions



### of 13 13