S ept 28 , 2015

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

Re: Petition of Found Industries LLC for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Found Industries LLC ("Found Industries") hereby applies for an exemption from the Federal Aviation Regulat ions ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting: closed

- set filmmaking cinematography for film, television and music industry as well as aerial photography for print media.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Found Industries documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals (co llectively referred to as "Found Industries' Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (collectively 3 and 4 are referred to as "Manufacturer's Manuals").

Found Industries submits these supporting materials as confidential docum ents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Found Industries has not and will not share with other requesting parties. Additionally, these documents contain operating condition s and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, compo nent maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

Sept 28 , 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Descript ion of Proposed Operations

A. Closed

- set filmmaking and cinematography

III. Relevant Statutory Authority

IV. Found Industries’ Proposed UAS Operations Meet the Requirements of

Se ction 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Reque sted

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C. F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

Sept 28 , 2015 Page 3

I. DESCRIPTION OF PETITIONER

Found Industries LLC is an aerial photo/videography service provider, based in Ventura California working throughout the six counties of Southern California. Petitioner Gregory

Constantakis is founder and CEO of Found Indust ries. Andrew Stai is chief pilot and post production manager for petitioner with more than three years experience flying UAS ’s with multirotor platforms under 55 lbs. no less than two times a week without any compromise or damage to the public safety or t o adjoining property. Found Industries’ staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

. Found Industries’ services include offering aerial video and photo services to property and business owners for advertising and promotional purposes, commercial art, and stock footage. Specifically the company provides closed

- set filmmaking cinematography for the film, television and music industry as well as aerial photography for print media and other related media products.

All of the equipment owned by Found Industries is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Found In dustries’ goal is to advise the perspective client that Found Industries is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Found Industries seeks an exemption to allow for commercial operations of small UAS s to provide aerial photogra phy and video services to the film, television and music industry as well as print media

.

The contact information for Petitioner is as follows:

Greg Constantaki s Found Industries LLC

305 S Kalorama Street Ventura California, 93001

954.242.5935 : Greg@foundind.com

II. DESCRIPTION OF PROPOSED OPERATION

Found Industries seeks an exemption pursuant to Section 333 of the Reform Act to operate the

DJI S1000 and Cines tar 8 MK heavy Lift (under 55lbs) also known as (FI

- UAS) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property where Found Industries has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Found Industries' Operations Manuals. As detailed in F ound Industries' Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within

visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5U.S Department of Transportation

Sept 28 , 2015 Page 4

mm away from an airport reference point. Moreover, Found Industries’ Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Closed

- set filmmaking and cinematography

Found Indus tries seeks to use small UAS ’ s for the purpose of conducting scripted, closed

- set filmmaking cinematography for the film, television, music web industry as well as aerial photography for print media. Found Industries has purposefully tailored its operation s to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the motion picture and television filmmaking industry, including:

 Astraeus Aerial (Exemption No. 11062)

 Aerial MOB, LLC (Exemption No. 1106 6)

 Pictorvision, Inc. (Exemption No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying

- Cam, LLC (Exemption No. 11080)

 Aeroci ne, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

All UAS filmmaking operations will occur on private prope rty in a controlled area away from spectators and persons not involved in the film making process . In addition, the filming will be

conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Found Industries’ operations provide an equivalent level of safety that is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS filmmaking operations is also safer than traditional manned aircraft performing the same function. Conventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weigh ing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of

small UAS in this area will no t only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far robust given the low cost associated with its acquisition and provide other and provide other poten tial consumers an inexpensive . Small UAS filming is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration. Small UASs will also be capable of accessing and inspecting areas that would otherwise be inaccessible using conventional aircraft or other inspection methods.U.S Department of Transportation

Sept 28 , 2015 Page 5

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircr aft systems to operate in the National Air Space ("NAS") where it is safe to do so

b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. FOUND INDUSTRIES’ PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small UAS operations proposed by Found Industries in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria

and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 Both the UAS have been approved for use in prior Section 333 Grants of Exemption from th e FAA. 2

 The UAS s weigh less than 55 pounds, including payload.

 The UAS s will not be flown at a ground speed in excess of 50 knots.

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 1 1156).U.S Department of Transportation

Sept 28 , 2015 Page 6

 Altitude information will be generated by equipment onboard the UA S as

specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The UASs will have system redundancies and independent functionality to ensure the overall safety and predictab ility of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the FI

- UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the FI

- UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or property in the event of an accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Found Industries’ Operations Manuals

Found In dustries’ Operations Manuals and the Manufacturer's Manual for the selected UASs will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in maki ng a safety assessment of Found Industries’ proposed operations, below is a summary of operational
limitations and conditions that Found Industries will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS s weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative.

Per mission from land owner/controller or authorized representative will be obtained for each flight operation.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identifi cation (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the UAS, and one or more Visual Obse rvers ("Observer") as necessary to safely conduct the mission.U.S Department of Transportation

Sept 28 , 2015 Page 7

5. PICs shall possess at least a Sport Pilot's Certificate and current Class III Medical

Certificate and/or a valid driver’s license issued in the country of the United States

. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

6. The FI

- UAS shall be operated within VLOS of the PIC and Observer at all times. The

PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitt ed during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Found Industries’ Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Found Industries’ Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Found Industries shall follow the procedures outlined in their Operations Manuals.

10. Found Industries may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Found Industrie s will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption,

Found Industries will seek an amend ment to its Grant of Exemption. Found Industries will contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the operating documents.

11. Found Industries Operations Manuals and its Grant of Exemption will be av ailable to the PIC at the ground control station anytime the F1

- UAS is operating.

12. The PIC is prohibited from beginning a FI

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of

la nding, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the FI

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a

res erve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without prior written authorization and approval

from the FAA. In the e vent the structure being inspected exceeds 400 feet AGL, theU.S Department of Transportation

Sept 28 , 2015 Page 8

UAS will not be operated more than 100 feet above the highest point on the structure,

and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 f eet from all nonparticipating persons. (persons other than the PIC, 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 an d/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations mu st cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer t o those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The FI

- UAS may not be operated less th an 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The FI

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Found Industries COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the FI

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not alre ady covered in the relevant sections of the operating documents. The PIC shall not operate the FI

- UAS if the inspection reveals a condition that affects the safe operation of the FI

- UAS until the necessary maintenance has been performed and the FI

- UAS is f ound to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS records as required by Found Industries’ Operations Manuals.

19. Found Industries will carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be noted in the FI

- UAS records, including total time in service, description o f work accomplished, and the signature of the authorized person returning the FI

- UAS to service.

20. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical componen t)U.S Department of Transportation

Sept 28 , 2015 Page 9

must undergo a functional test flight in accordance with Found Industries’ Operations

Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and UAS record entry shall be included in the Found Industries’ Operations

Manuals.

21. The FI

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins.

22. Prior to the opera tion, a Mission Packet will be created in accordance with the requirements on Found Industries’ Operations Manuals.

23. Found Industries will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, p rior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the FI

- UAS loses communi cation with the PIC

, it will have the capability to return

to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The FI

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

state driver ’ s license issued within the Un ited States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS ty pe platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61. 51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of FI

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days.U.S Department of Transportation

Sept 28 , 2015 Page 10

31. Operations shall occur during day time VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The FI

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. FI

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The FI

- UAS will not be operated from an elevated platform or moving

devi ce/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the FI

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATION S FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Found Industries seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulation s ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner h as established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: Th e reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that
provided by the rule from which you seek exemption

.U.S Department of Transportation

Sept 28 , 2015 Page 11

exemp tion is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Found Industries’ use of the FI

- UAS s are safe when taking into account their size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A), the FI

- UAS weigh less than 55 poun ds , including payload and will not be flown at a ground speed i n excess of 50 knots. Both FI

- UAS s are also equipped with safety features which will allow Petitioner to operate the FI

- UAS safely after experience certain in

- flight contingencies

or failures as noted below

. 6 7

Additionally, the FI

- UAS s carry neither pil ots nor passengers, carry no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Found Industries’ Operations Manuals.

Operations con ducted under this exemption will be closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Found Industries will also provide the FAA with a dvance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation

of the FI

- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificat e

. Lastly, the FI

- UAS s do not need a means to communicate with other aircraft or ATC, because those capabilities will be

5 See Grant of Exemption No. 11062 to Astraeus Aerial (F AA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to LowCountryRC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality a s a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The F1

- UAS can be operated en tirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The F1

- UAS can be operated in both semi and fully autonomous flight modes, with the op erator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petiti oner states further that the UAS has built

- in intelligent fault handling which allows the F1

- UAS to detect a system fault while in the air and automatically fly

back to its takeoff location and land. Faults that can be detected include: loss of communicati on; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the syst em automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not

exc eeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."U.S Department of Transportation

Sept 28 , 2015 Page 12

possessed by the PIC and Observer, who are not onboard the FI

- UAS

. 8 In addition, no sense

and

- avoid technology is necessary for the FI

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworth iness certification of normal category rotorcraft. To the extent that Found Industries’ small FI

- UAS s would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness

standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Found Industries seeks an exemption from the aircraft marking and identification requi rements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

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 oper ator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applica ble.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

Sept 28 , 2015 Page 13

In a previous Grant of Exemption, the FAA d etermined that exemption from these requirements was warranted provided that the aircraft " have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

A ll F1

- UA S flown by Found Industries will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Found Industries seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have

. ( Emphasis added)

Equiv alent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Foun d Industries’ Operations Manuals, the PIC will conduct a pre

- flight inspection of the FI

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions po tentially affecting safe operation of the FI

- UAS and no flights will occur unless, and until, all flight critical components of the FI

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted

fol lowing the replacement of any flight

- critical components. As required by Found Industries’ Operations Manuals, the PIC who conducts the functional test flight will make an entry in the FI

UAS aircraft records of the flight.

Found Industries’ Operations Ma nual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit

requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Found Industries’ Operations Manuals also include

10 FAA Docket No. FAA

- 2014

- 0352

.

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14

.U.S Department of Transportation

Sept 28 , 2015 Page 14

proce dures to document and maintain a record of the FI

- UAS’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in

service of the FI

- UAS s used under this Grant of Exemption. As a whole, the ma intenance and inspection procedures required in Found Industries’ Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Found Ind ustries seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the FI

- UAS s will be operated as part of a commercial oper ation, it carries neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions

attendant w ith requiring a the PIC to have a Commercial Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Found Industries has placed on its FI

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Found Industries will operate on private

property aw ay from persons and property not involved in the operation. Found Industries will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Found Industries will further ensure safe opera tion by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of UAS flight. As set forth in the Operations Manuals, pilots will have experience not on ly in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Found Industries. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Found Industries’ pilots are competent and proficient in the UAS they are operating. Found Industries’ training and qualification requirements are consistent with those contained in prior FAA Section

333 G rants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

Sept 28 , 2015 Page 15

OPERATING PARAMETERS OF THE UAS

F.14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

nasmuch as there will be no airworthiness certificate issued for the UASs, Found Industries seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C .F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircra ft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircraft manual s onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircr aft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircra ft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorizati on issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the FI

- UAS s, it would be impossible to keep

airworthiness documents and other aircraft manuals o n board the FI

- UAS because there is simply

no room and the FI

- UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledg ed that the intent of 14 C.F.R. 91.9(b) and

13 See Id. at 13

- 14, 22.U.S Department of Transportation

Sept 28 , 2015 Page 16

91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station

from which he or she is o perating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the p ilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Found Industries seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with spe cific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the exte nt that an

FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Found Industries’ Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Found Industries’ Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, f light requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Found Industries’ Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating

the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Found Industries seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o 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." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight

control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the si ze and speed of the UASs that Found Industries intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Found Industries’ Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to
John Duncan, FA A Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

Sept 28 , 2015 Page 17

instruction. Moreover, as required by the Found Industries’ Operations Manuals, all flight training will be conducted in controlled and sterile e nvironment. As a whole, the safety procedures provided for in Found Industries’ Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F

.R. § 91.119(c): Minimum Safe Altitudes

Found Industries requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 50 0 feet above the surface and away from any person, vessel, vehicle,

or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without

h azard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed FI

- UASs operations w ill normally need to occur

below 400 feet AGL. In circumstances where the FI

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the FI

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 fe et horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the FI

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weig hing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UASs, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the FI

- UAS s, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the FI

- UAS s will be operated in a restricted area, and all

fl ights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the FI

- UAS and any possible debris resulting from its failure. As required by the Oper ations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the FI

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

Sept 28 , 2015 Page 18

the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Found Industries’

O perations Manuals will ensure operations can be conducted without compromising safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

Found Industries seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating

an aircraft to maintain cruis ing altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The FI

- UAS s that Found Industries intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Found Industries’ Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to eac h flight operation. Like prior FAA Section 333 Grants of Exemption, the FI

- UAS s Found Industries intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Found Industries requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight

in VFR conditions. Section 91.151 states:

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then

the U A may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 50 0 feet of the UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 5 00 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of o perating closer to those objects and determines t hat it doe s not present an undue

hazard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

Sept 28 , 2015 Page 19

(a) No person may begin 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 crui sing speed

– (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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an

eq uivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a FI

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first inte nded point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the FI

- UAS provide approximately 50 minutes of powered flight (with payload) an d provided battery level and battery time remaining

in minutes and seconds to the PIC. 19 T he FAA also considered the fact that the FI

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and that in

the event that the FI

- UAS should run low on power, the PIC will be alerted and can land the

- FI

UAS as soon as possible. Like the VDOS Grant of Exemption, Found Industries’ use of the FI

UAS , combined with the requirements of Petitioner's Operations Manuals, ensur e that an equivalent level of safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions

could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

Fo und Industries will adhere to this limitation for its FI

- UAS flights.

The FI

- UAS includes a low battery warning system and the amount of battery reserve power remaining is transmitted to the PIC via telemetric data feed, which downlinks from the FI

- UAS

to a ground

- based

- on

- screen display. 20 As required by Found Industries’ Operations Manuals, the PIC will promptly fly the FI

- UAS back to the home launch location or pre

- det ermined abort

location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Found Industries submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within

19 Grant of Exemption No. 11112 to VDOS Glo bal, LLC (FAA

- 2014

- 0382 at 10).

20 The FOUND

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orientation relative to the UAS.U.S Department of Transportation

Sept 28 , 2015 Page 20

VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought.

VI. DRUG AND ALCOHOL PROGRAM

Found Industries will have policies in place to ensure that no person may participate in FI

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Found Industries’ Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this

Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the

Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed F I

- UAS operations in this Petition for Exemption significantly improve s the safety

and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting and monitoring potential filming locations and relevant sites and facilities requires location personnel to climb towers

, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which

the individual is neither trained n or equipped to perform , which exposes them to risk of serious physica l injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often exposed to hazardous conditions, unsafe environments, culturally tense situations and

other hazards associated with identifying specific locations for potenti al recording sites. The use of small UASs can eliminate these hazards and is ultimately a much safer method of performing these types of inspections.

The use of small UASs also enhances safety and reduces risk to the surrounding public because,

unlike man ned aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UASs carry no passengers or crew. Further more , in the unlikely event of an accident, Found Industries’ small battery powered FI

- UAS s presents significantly les s danger to persons on the ground when compared to operations by conventional manned aircraft. 21

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s U As will weigh less than 55 pounds with no onboard pilot or crew. {continued on next page} The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the

eve nt of an inc ident or accident. Additionally

, there is a high risk to onboard pilot and crew during an incident or accident is eliminated with the use of a UA S for the aerial filming operation."U.S Department of Transportation

Sept 28 , 2015 Page 21

As Petitioner's FI

- UAS’s s are battery powered, the public will also benefit from a reduction in

harmful petroleum emissions associated with co nventional aircraft performing in the same functions proposed herein. Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional tool for the aerial filming industry, adding a greater degree of flex ibility, which supplements the current capabilities offered by manned

aircraft. 22

The quality of the finished product is enhanced and provides a greater demand which will aid the current UAS industry and provide additional jobs as the cost of providing t he needed product is greatly reduced. The demand for the current industrial product is increasing; therefore, given the lower cost, producers and others in the relevant industry will be more inclined to utilize the

services of commercial UAS and licensed PIC’s.

VIII. PRIVACY

All Found Industries FI

- UAS operations will be conducted in accordance with applicable federal,

state, and local laws regarding privacy. All operations shall be conducted over private or

controlled

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

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following sum mary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45. 27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, product ion crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional

fixed

- wing aircraft, rotorcraft, or other methods.

{From previous page}

X. CONCLUSION

Fou nd Industries’ Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The p roposed FI

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

Sept 28 , 2015 Page 22

exposure to danger while lowering the attendant related costs . In consideration of the foregoing, this Petition for Exemption provides t he FAA with more than adequate justification for granting the requested exemptions allowing Found Industries to use small FI

- UAS for: closed

- set filming for the motion picture and television video production.

(The following attached items contain propr ietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments: 0. MPTOM Motion Picture and Television Operations Manual 1. General Operations Manual 2. PIC Operating Manual

3. Showcase Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipmen t Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals