FadiV. Nahhas Attorney atLaw Direct Dial: 419-247-1647 fvnahhas@eastmansmith.com Alsoadmittedin Michigan 

## EASTMAN &

## SMITHLTD. ATTORNEYS AT LAW Established 1844

July21, 2015 United States DepartmentofTransportation DocketManagement System 1200NewJerseyAve., SE WestBuilding Ground FloorRoomW12-140 Washington, DC 20590 .;- One SeaGate, 24th Floor P.O. Box 10032 Toledo, Ohio 43699-0032 Telephone: 419-241-6000 Facsimile: 419-247-1777

Re: Hart Associates, Inc. Exemption Request Pursuant to Section 333 of theFAAReform Actof2012 OurFileNo: H757/153974 Dear SirorMadam: This firm represents Hart Associates, Inc., an Ohio corporation ("Hart"), in connection with this request for an exemption under Section 333 ofthe FAA Reform Act of2012, 112 P.L. 95 (2012) (the "Reform Act"). Pursuant to the Reform Act and the procedures contained in 14 C.F.R. 11, Hart, the owner and operator of a small unmanned aircraft or unmanned aircraft system (the "UAS"), hereby requests an exemption from the Federal Aviation Regulations ("FARs") specified below in order to operate the UAS for commercial purposes in airspace regulatedbythe Federal AviationAdministration ("FAA"). Hart is a full-service advertising agency based in Northwest Ohio which has been in business for 50 years. An advertising agency at its core, Hart also provides digital, creative, media, branding, public relations, video production, and social media marketing services to clients in a gamut ofindustries, including the public sector. Hart applies for this exemption in orderto permit commercial operation ofits UAS, specifically a DJI Inspire 1 (as described more fully below), in order to obtain high-quality aerial photographs and video footage in connection with providing such services to its wide range ofclients, including governmental agencies and public charities. This proposed exemption would allow the operation ofa small, unmanned UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) subject to controlled access; and (4) safer than traditional aircraft operations for photographic and cinematographic purposes. For the reasons more fully explained below, and in accordance with prior exemptions granted by the FAA, 1 Hart respectfully submits that approval of Hart's proposed exemption would enhance safety and fulfill the Secretary of Transportation's responsibilities, as FAA

See, e.g., Exemption Nos. 11062, 11109, 11112, 11213, 11841, 111845, and 11850, all awarding exemptions for purposes ofaerial data collection. Columbus 3113317.1 

## • Toledo 

## • Findlay

www.eastmansmith.com 

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Administrator, to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section333(c) ofthe ReformAct. A. ContactInformation for the Applicant HART ASSOCIATES, INC. Attn: Mike Hart 1915 IndianWood Circle Maumee, Ohio 43537 Please DirectAll Correspondence To: Fadi V. Nahhas, Esq. (fvnahhas@eastmansmith.com) EASTMAN & SMITH LTD. One SeaGate, 24th Floor P.O. Box 10032 Toledo, Ohio 43699-0032 Telephone: 419-241-6000 Facsimile: 419-247-1777 Counsel for HartAssociates, Inc. B. Regulations From Which Hart Requests Exemption Hartrequests an exemption from the following regulations: 14 CFR21; 14 CFR45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR407(a)(l); 14 CFR409(a)(2); and 14 CFR417(a) & (b). C. The Extent and Bases ofReliefSought Pursuant to 49 USC §44701(£), the FAA Administrator "may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702--44716 of this title if the Administrator finds the exemption is in the public interest." Hart seeks this exemption from any currently applicable FARs which would prevent its planned photographic and cinematographic flight operations using its UAS in national airspace. The proposed exemption is consistent with the purpose ofSections 332 and 333 ofthe Reform Act, which is to integrate the operation ofunmanned aircraft systems into the national airspace system. Specifically, Section 333 directs the Secretary of Transportation to consider whether

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unmanned aircraft systems can safely operate in the national airspace system prior to the FAA's completion ofrulemaking governing suchcrafts. In determining whether a specific UAS may operate safely in the national airspace system, the Reform Act guides the Secretaryto considerwhetherthe UAS will create ahazardto the public or pose a threat to national security in view of: (i) the weight, size, speed, and overall capabilities ofthe UAS; (ii) the operation ofthe UAS near airports and populated areas; and (iii) ifthe UAS will be operated in the visual line of sight ofthe operator. Section 333(a). These factors all favor Hart'sproposed exemption. Hart's DJI Inspire I Quadcopter is a well-balanced, easily controlled, and stable UAS. The UAS is also extremely light, weighing less than ten (10) pounds including battery and equipment. The UAS is capable ofhovering as well as vertical and horizontal operations. At all times, the UAS is operated in the visual line ofsight ofthe remote control pilot at less than fifty (50) knots maximum speed. In addition, a camera operator and an observer will be present at all times and will likewise keep the UAS in a visual line ofsight. The UAS will operate only in line of sight and will operate only within the sterile area described in an Operations Manual (the "Manual"). Such operations will insure that the UAS will "not create a hazard to users ofthe national airspace system or the public." There is no flammable fuel involved in the operation of the UAS. The UAS instead operates onbattery power and its maximum flight time as a result is eighteen minutes. The UAS will notbe operated ifthe battery is at less than twenty-five percent (25%) capacity. The UAS will notbe operated overhighlypopulated areas nor near airports. Based uponthe foregoing, Hart's operation ofits UAS will not "create a hazard to users ofthe national airspace system or the public." Section 333(b). The UAS, with its small size, weight, and controlled operations, falls within the safety zone contemplated by Congress in the Reform Act. Accordingly, and for the following additional reasons, Hart respectfully requests thatthe FAA grant this request for exemption. D. Public Interestin Favor ofExemption As codified in the Reform Act, integration of commercially operated UASs, generally, into the national airspace system is in the public interest. Section 332 ofthe Reform Act directs the Secretary to promulgate regulations to just that effect. Prior to the completion of the rulemaking process, Section 333 permits the Secretary to grant exemptions in order to more quickly integrate the safe operation of UAS in the national airspace system. Granting this exemption is therefore consistent with the public interest of safe integration into the national airspace system ofcommercially operatedUASs. Moreover, the most likely alternative method of obtaining aerial photographs or video footage is through the use of conventional, full-size, manned helicopters. The public has an

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interest in avoiding the risks associated withtraditional helicopters, which operate on flammable fuel. Unlike a helicopter, there is no fuel to ignite or explode ifthe UAS crashes. Furthermore, unlike a helicopter, there are no ecologically harmful emissions from the battery-operated UAS. Due to the safer, less ecologically harmful operations ofthe UAS, the proposed exemption is in the public interest. Finally, the images captured through aerial filming and photography by Hart's UAS will be used for the benefit of its clients, to include governmental agencies and public charities. Promotion of such institutions is in the public interest and militates in favor ofthe proposed exemption. E. The Proposed Exemption Would NotAdverselyAffect Safety Hart's proposed exemption will not adversely affect safety. Hart proposes that this exemption applyto civil aircraftthathave the characteristics andthat operate withthe limitations listed herein. The operational limitations proposed by Hart provide for at least an equivalent, if not higher, level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe film and photographic operations conducted with conventional aircraft. Hart's aerial photographic and cinematic operations will be subjectto the following: 1. Hart's UAS weighs less thanten (10) pounds; 2. Flights will be operated withinvisual line ofsight at all times; 3. Maximumtotal flight time for each operationwill be eighteen (18) minutes; 4. The UAS will not be operated ifthe battery is at less than twenty-five percent (25%) capacity; 5. Minimumcrewwill include the UAS pilot, a cameraoperator, and an observer; 6. The UAS pilotwill be trained in flight, operations, and safety procedures and will hold at least a private recreational or sport pilot certificate and either a current airman medical certificate or avalidU.S. driver's license; 7. Flights will be operated at an altitude of no more than four hundred (400) feet above ground level; 8. The UAS will only operate within a confined secure area with a safety circumference ofone hundred (100) feet; 9. Mandatory briefings will be conducted prior to any UAS operations on each day of production activities. All personnel performing duties within the safety perimeterwill attendthese mandatorybriefings; 10. Consent ofall persons involved in filming or shooting will be obtained prior to operation ofthe UAS and only consenting persons will be allowed within one hundred (100) feet ofthe flight operation;

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11. The UAS pilot will be trained in operation ofUAS generally and will receive upto-date information ontheparticularUAS to be operated; 12. Writtenand/or oralpermissionofrelevantproperty owners willbe obtained; 13. All other necessary permissions orpermits will be obtained from territorial, state, county, city, and any otherlocal authorities; 14. The UAS will have the capability to abort flight in the event of unanticipated emergencies, safetybreaches, orpotential danger; and 15. The UAS will have the capability to return to a pre-determined area within the safetyperimeter and land, inthe event the UAS loses communications or its GPS signal. F. Specific Regulations 1. 14 CFRPart21. SubpartH: Airworthiness Certificates 14 C.F.R. §91203(a){J) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a)(l). Given the size and limited operating area associated with the aircraft to be utilized by the Hart, an exemption from Part 21 SubpartH meets the requirements ofan equivalent level ofsafetyunder Part 11 and Section 333 oftheReformAct. The Federal AviationAct (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, andproximityto airports and populated areas oftheparticularUAS. Hart's UAS will be operated at low speed in a controlled and secure environment. The operation of this UAS without an airworthiness certificate in a restricted area and under the conditions proposed will be at least as safe, or safer, than operation of conventional aircraft (fixed wing orhelicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS is less than ten (10) lbs. fully loaded, is unmanned, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area with a circumference of one hundred (100) feet. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuantto the Manual, and under the requirements and in compliance with local public safety requirements, to provide security for the area ofoperation as is currently done with conventional filmmaking. The FAA will have advance notice ofall operations. These safety enhancements, which already apply to civil aircraft operated in connection with filmmaking, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issuedunder 14 C.F.R. Part

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21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry any substantial external load. 2. 14 C.F.R. 45.23(b): MarkingoftheAircraft This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between two (2) and six (6) inches high "limited," "restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, orpilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entranceto the cabin, cockpit orpilot station on whichthe word "Experimental" can be placed. In addition, two (2) inch lettering is not possible, due to the size ofthe UAS. However, the word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafetywill be providedby having the UAS marked onits fuselage as required by §45.29(f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation: ExemptionsNos. 10700, 8738,10167 and 10167A. 3. 14 CFR 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot in Command 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 by requiring the PIC operating the aircraft to have a private pilot's license or sport or recreational pilot certificate 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 controlledwithno livingthing onboard. The area ofoperationis controlled and restricted, and all flights areplanned and coordinatedin advance. The level ofsafety providedby the requirements ofthe Manual is at least equivalent to that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe UAS as requested with a private pilot as the PIC is at least equal to the present level ofsafety achievedby 14 C.F.R. §61.113 (a) & (b).

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4. 14 C.F.R. 91. 7(a): CivilAircraftAirworthiness Theregulationrequires thatno personmay operate a civil aircraft unless itis in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemptionbe granted, no FAAregulatory standardwill exist for determining airworthiness. Giventhe size ofthe aircraft and the operator's requirements for maintenance and use of safety checklists priorto each flight, as set forth in the Manual, an equivalent level ofsafety will be provided. 5. 14 CFR 91.9(b)(2): Civil Aircraft Flight Manual, Marking, and Placard Requirements The UAS, given its size and configuration has no ability or place to carry such a flight manual onthe aircraft, not only because there is no pilot onboard, butbecause there is no room or capacityto carry such an item onthe aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 32827, and 10700. 6. 14 C.F.R. 91.103: PreflightAction This regulation requires each pilot in command take certain actions before flight to ensure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the Manual. The PIC will take all relevant actions, including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 7. 14 C.F.R. 91.109: FlightInstruction Section 91.103 providesthat no personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, UAS and remotely piloted aircraft 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 previously approved exemptions for aircraft

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without fully functional dual controls. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed ofthe aircraft. 8. 14 C.F R. 91.119: Minimum SafeAltitudes 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 operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoffand vertical landing, whichwill operate at altitudes ofless thanfour hundred (400) AGL, so an exemptionmaybe neededto allow suchoperations. The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings andpeople will notbeexposedto operationswithouttheirpre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the locationwhere it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, all affected individuals will be aware ofthe planned flight operations as set forth inthe Manual. Compared to flight operations with aircraft orrotorcraft weighting far more thanthe maximumten (10) lbs. proposedherein and carryingflammable fuel, anyrisk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL in the advertising industry. In addition, the low-altitude operations ofthe UAS will ensure separation between these small-UAS operations andthe operations ofconventional aircraftthatmustcomplywith Section 91.119. 9. 14 C.FR. 91.121:AltimeterSettings This regulationrequires eachperson operating an aircraftto 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 exemptionmay 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 shownonthe GPS altitude indicatorbefore flight. 10. 14 CFR 91.151(a): FuelRequirementsfor Flight in VFR Conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Hart's UAS will be limited to operations in sterile and controlled environments andhas a limited range andflighttime whichrequire anexemptionfrom 14 CFR91.151(a).

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The battery powering the UAS provides approximately 18 minutes ofpowered flight. It therefore cannot meetthe 18 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 5 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight indaylight ornightVFRconditions is reasonable. Hart believes that an exemption from 14 CFR §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 a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 5 minutes would greatly reduce the utility for which the exemptionwill be granted. An equivalent level ofsafety canbe achieved by limiting flights to 30 minutes, or enough batteryreserve to ensure thatthe UAS lands atthe ground stationwith at leasttwenty-five (25%) percent of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its plannedlanding zone from anywhere inits limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 11. 14 CFR 91.203(a) & {b): Carrying CivilAircraftCertification andRegistration The regulationprovides inpart: (a) Except as provided in§ 91.715, no person may operate a civil aircraftunless ithas withinitthe following: (1) Anappropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificaterequiredby paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers orcrew. The UAS fully loaded weighs no more than ten (10) lbs. and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents orto displaythem onthe UAS.

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An equivalent level ofsafety will be achieved by keeping these documents at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 12. 14 CFR 91.405(a); 407(a){J); 409(a){2); 417(a) & {Q): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as providedinparagraph (c) ofthis section, have discrepancies repaired as prescribedinpart43 of this chapter.

..," and others shall inspect ormaintainthe aircraftincompliance withPart43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Hart. Maintenance will be accomplished by the operatorpursuantto the flight manual and operatinghandbook. Anequivalentlevel ofsafety will be achieved because the UAS is 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. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and 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 conditionto provide the equivalentlevel ofsafety. G. Summary ThatMay Be Published in the FederalRegister Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublicationis needed: Applicant seeks an exemption from the following rules: 14 CPR 21; 14 CPR45.23(b); 14 CPR 61.113(a) & (b); 14 CPR 91.7(a); 14 CPR 91.9(b)(2); 14 CPR 91.103(b); 14 CPR 91.109; 14 CPR91.119; 14 CPR91.121; 14 CPR91.151(a); 14 CPR 91.203(a) & (b); 14 CPR 91.405(a); 14 CPR407(a)(1); 14 CPR409(a)(2); and 14 CPR417(a) & (b) to operate commercially a small unmanned vehicle (55 1 bs. or less) in commercial advertising operations. Approval of exemptions allowing commercial operations of UAS in the advertising industry enhances safety while reducing risk. Manned aircraft photography and cinematography creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing fewer than 10 lbs. and powered bybatteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried

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on board. The UAS will carry no passengers or crew and, therefore, will not expose themto the risks associated withmanned aircraftflights. The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exemptingthe applicant from the requirements ofPart21 and allowing commercial operations. 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.All flights will occur overprivate or controlled access property withthe property owner's prior consent and knowledge. Images taken will be ofindividuals who have also consented to being filmed or otherwisehave agreed to be inthe area where aerialphotographywill take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustificationfor the grant ofthe requested exemptions allowing commercial operationofapplicant's UAS. H. Conclusion For the foregoing reasons, Hart Associates, Inc.'s respectfully requests that FAA grant this request for exemption. Thanking you in advance for theprompt attentionto this matter, We remain,

FVN/jaw

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