August 4, 2015

Exemption No. 12318 Regulatory Docket No. FAA

– 20 15

– 1703

Mr. Paul J. Fraidenburgh Buchalter Nemer Counsel for Aerial Imagery Works, LLC 18400 Von Karman Ave nue , Suite 800 Irvine, CA 92612
Dear Mr. Fraidenburgh : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated April 30, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Aerial Imagery Wor ks, LLC ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection and closed set motion picture and filming

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification The UAS proposed by the petitioner are the Freefly CineStar8 and DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2 consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FA A finds that the requested relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection 1 and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s . 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA f ound that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previo usly requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;
• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest. Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Aerial Imagery Works , LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and closed set motion picture and filming

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3 Conditions and Limitations
In this grant of exemption, Aerial Imagery Works, LLC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the Freefly CineStar8 and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purp ose of closed

- set motion picture and television filming are permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with th e 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective le nses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be de signated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its op erations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and4 limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mus t follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any l aw enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon w hich the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator i s responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspec tion must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenanc e has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Fli ghts for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are per mitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visu al meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exempti on holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 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.
18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre - determined location within the pr ivate or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that f or at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemp tion holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in acc ordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe operation and flight of the UAS and any doc uments required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/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 must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an un due hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or control led

- access property with permission from the property owner/control ler or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.7 If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Nam e and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used; e. Name and ce rtificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made avail able to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes e ssential to accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise sp ecified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8 This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded. Sincerely,
/ s/ John S. Duncan Director, Flight Standards Service

Enclosures18400 V ON K ARMAN A VENUE , S UITE 800 I RVINE , C ALIFORNIA 92612

- 0514 T ELEPHONE (949) 760

- 1121 / F AX (949) 720

- 0182
Direct Dial Number: (949) 224

- 6247 Direct Facsimile Number: (949) 224

- 6407 E

- Mail Address: pfraidenburgh@buchalter.com

April 30, 2015

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

Aerial Imagery Works, LLC ’s Petition for “ Summary Grant ” Exemption to

Operate Unmanned Aircraft Systems for Aerial Filming and Photography

FAA Regulatory Docket

NAME AND ADDRESS OF PETITIONER COUNSEL FOR PETITIONER Aerial Imagery Works, LLC Paul J. Fraidenburgh Attn: Kyle Dorosz BUCHALTER NEMER 1677 W. Hamlin Road 18400 Von Karman Ave , Suite 800 Rochester Hills, MI 48309 Irvine, CA 92612 248.990.275 4 949.224.6247 kyle@aerialimageryworks.com pfraidenburgh@buchalter.com

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 2 I. PETITION SUMMARY Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 , Pub. L. No. 112

- 95 (2012) , 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption autho rity under 49 U.S.C. § 44701(f) , Aerial Imagery Works, LLC (“ Petitioner ”) hereby petitions for a “ S ummary G rant ”
E xemption from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133 (a) , 91.7(a), 91.9(b)(2), 91.103 (b)(1) , 91.119 (c) , 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1) 91.409(a)(2), 91.417(a)

- (b). The proposed exemption s , if granted , would allow Petitioner to operate small , camera - mounted unmanned aircraft systems (“UAS”) weighing 55 pounds or less for the purpose of closed

- set filming and aerial photography

. Based on the small size of Petitioner’s UAS , the qualifications and experience of Petitioner’s UAS operators, and the restricted , sterile environment within which Petitioner will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress and set forth in Section 333. Additionally, the e nhanced safety achieved by replacing sig nificantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabl ed by the instant Petition are in the public interest. Because the requested exempti on would n ot set precedent, and because any dela y in acting on this Petition would be detrimen tal to Petitioner, good cause exists for granting this Petition on

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 3
an expe dited basis pursuant to the FAA ’ s streamli ned “ Summary Grant ” process . I n addition, good cause exists f or foregoing a p ublished summary of the petition in the Feder al Register

. Thus, Petitioner respectfully requests that the FA A grant this non precedent sett ing exemptio n on an expedited basis.
II. STATUTORY AUTHORITY A. Section 333 Section 333 , titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace System (“NAS”). Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanis m for “expedited operational authorization.” The FAA has committed to complying with this mandate by granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352 (granting regulatory exemptions to Astraeus Aerial for operation of unmanned aircraft systems for the purpose of filming for the motion picture and television industry). Section 333(b) identifies several factors that the FAA should consider in determining whether commercial UA S operations should be approved. These include UAS that, “as a result of their size, weight, speed, operational capability, proximity to Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 4 airports and populated areas, and operation within visual line of sight do not create a hazard to users of the [NAS] o r the public or pose a threat to national security.” See Section 333(b).
B. Section 44701(f) In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant exemptions from the FAA’s safety regulations an d minimum standards when the Administrator decides a req uested exemption is in the public interest. See U.S.C. § 44701(f).
III. REQUESTED EXEMPTIONS Petitioner requests relief from the following regulations:
Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 61.113 prescribes that “no person who holds a private pilot certif icate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft ,” ( see Section 61.113(a)), and that “a private pilot may, for compensation or hire , act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 5 employment; and (2) The aircraft does not carry passengers or property for compens ation or hire,” ( see Section 61.113(b)). Section 61.133 (a) sets forth privileges for persons holding commercial p ilot certificates, including a provision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in command of an aircraft “[f]or com pensation or hire

. ” Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.9(b)(2) prohibits operation of U.S. register ed civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Section 91.103 (b)(1) prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that fl ight, to include, “ For any flight, runway lengths at airports of intended use, and the following takeoff and l anding distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein. ” Section 91.119 (c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: “ Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 6 populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ” Section 91.121 requires, in pertinent part, 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.” Section 91.15 1(a) prescribes that 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 cruising speed, (1) duri ng the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes. Section 91.203 prohibits, in subpart (a) , any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203 prescribes, in subpart (b) , that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 i s displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and sh all,

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 7 between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that h as undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

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

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

- (i) A description (or reference to data acceptable to the Administrator) of the w ork performed; and

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 8 (ii) The date of completio n of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv ) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisions date. If the AD or

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 9 safety directive involves recurring action, the time and date when the nex t action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this sect ion shall be retained and transferred with the aircraft at the time the
aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is appro ved for return to service.

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 10 IV. PETITIONER’S PROPOSED OPERATIONS SATISFY SECTION 333. A. Unmanned Aircraft System The UAS to b e operated under this request are less than 55 lbs. fully loaded, will be operated at a speed of no more than 8 7 knots (100 miles per hour) , carry neithe r a pi lot
nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within a secured area. In no case will the U AS be o perated at airspeeds greater than the

ma ximum UAS op erating airspeed recommended by th e aircraft manufacturer.
Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) req uirements , and Petitioner has integrated safety features into the UAS , as described in Petitioner’s Flight Operations and Procedures Manual (“FOPM”) and Motion Picture and Television Operation s M anual (“MPT OM”) (collectively, “operations manuals”)

. 1
Petitioner’ s UAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in

- flight failures. If a lost

- link event occurs , including the loss of ground communications and/ or the loss of a GPS signal, Petitio ner’s
UAS have the ability to perform a pre

- co ordinated , predictable, automated flight maneuver and return to a predetermined location wit hin a designated security p erimeter for landing . The UAS further have the ability to abort a flight in the event of unpredicted

1 The MPT OM and FOPM will be submitted separately and confidentially under 14 C.F.R. 11.35(b), as the manuals contain proprietary information that the applicant has not and will not share with others. The manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et seq. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 11 obstacles or emergencies

. T h e PIC will not begin a flight un less (considering wind and for ecast weather conditions ) there is enough available battery power for the UAS to conduct the intended ope ration and to operate after tha t for at least five minutes or with th e reserve power reco mmended by the manufacturer if great er . Thus, good cause exists for granti ng Petitioner’s requested relief from 14 C.F.R. § 91.151(a) (setting forth fuel requirements for flight in VFR conditions). Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Nu mber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.121 (Altimeter Settings), Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter onboard t he UAS. Instead, altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. The altitude information wil l be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed f or accuracy by the UAS
PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 91.121. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 C.F .R. Part 21, Subpart H

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 12 (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed by Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certifica te issued under 14 C.F.R. Part 21, Subpart H , and not subject to the proposed limitations and conditions. Petitioner wi ll strictly comply with safety and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals. To the extent such information is not included in the guidelines developed by the manufacturers,
P etitioners wi ll develop and document maintenance, overhaul, replacement, and inspection requirements, procedures to document and maintain maintenanc e records with regard to Petitioner’s UAS, and UAS technician qualification criteria. Petitioner’s operations manuals will include maintenance requirements for Petitioner’s UAS, including “on

- condition” maintenance and modifications. In light of these mi tigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) are warranted.
B. UAS Pilot in Command Petitioner’s UAS pilot in command ( “ PIC ” ) shall hold either an airline transp ort, commercial, pr ivate, recreational, or sport pilot certificate

. The PIC shall also hold a

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 13 current FAA airman medical certificate or a valid U.S. driver ’ s license issued by a state, the District of Columbia, P uerto Rico, a t erritory, a possession, or the Federal government. Since there are no standards for either private or commercial UAS pilot certificates, knowledge of airspace regulations acquired from FAA ground school and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. According to the FAA, “the FAA considers the overriding safety factor fo r the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Regula tory Docket No. FAA

2014

- 0352, at p. 18. With those factors in mind, Petitioner’s UAS PIC shall be required to meet several conditions and limitations as outlined in the FOPM and MPT OM , including the following:

• The UAS PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor).

• The UAS PIC will have accumulated and logged a minimum of five hours
of f light time with the specific make and model of the UAS to be utilized

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 14 for operations under the exemption and three take

- offs and landings in the preceding 90 days.

• T he UAS PIC will have successfully completed the qualification process as specified in the o perations manuals , to include a knowledge and skill test. 2 Regarding Petitioner’s requested relief from 14 C.F.R. § 91.7(a) , it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary. To the extent such an exemption is deemed necessary, Petitioner asserts that it should be granted in light of the safety procedures proposed herein. In accordance wi th the pertinent part of 14 C.F.R. § 91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is
in a safe condition for f light. Petitioner’s manuals for maintenance and operations shall include safety checklists to be used by the operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements ) and § 91.203(a) and (b), ( Civil aircraft: certific ations required), it is Petitioner’s understanding that relief from these

2 Prior to operating, the PIC will be required to pass the knowledge and airmanship test qualifications developed by Petitioner for the UAS (which are included in Petitioner’s operations manuals). There are no established practical test st andards that support a jurisdictional FAA FSDO (“Flight Standards District Office”) evaluation and approval of company designated examiners. Petitioner will conduct these tests in accordance with its operations manuals. Given the constraints of the propo sed operations, this procedure for testing will not adversely affect the safety of the NAS. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 15 regulations is no longer necessary in light of the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for Petitioner’s proposed operations, such exemption should be granted in light of the mitigating fact that Petitioner will maintain the documents required under 1 4 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during flights. Additionally, 100% of Petitioner’s operations will utilize a visual observer (“VO”). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights

. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other applicable procedures and requirement s stated in § 91.103(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also account f or all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return

- to

- home sequence if needed

. The PIC’s UAS operation will be limited to a unique and restricted environment. Given the (1) separation of closed

- set filming operations from other manned operations, (2) parallel nature of aeronautical knowledge requirements incumbent in obtaining a

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 16
pr ivate, recreational, or sport pilot certificate versus a commercial pilot’s license , and ( 3) the proposed UAS airmanship skills of Petitioner’s PICs, the additional manned airmanship experience of a commercial pilot would not correlate to the airmanship skills necessary for Petitioner’s proposed unmann ed operat ions. Thus, Petitioner’s request for relief from 14 C.F.R. § 61.113(a) and (b) and § 61.133(a) should be granted.
C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conducted within a sterile environment of closed

- set fi lming. In this controlled environment, Petitioner’s operations will remain within VLOS of the PIC and VO , below 400 feet AGL , and at speeds below 8 7 knots

. Only participating persons will be permitted within the operating area. 3
Consistent with the relie f typically provided to manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 C.F.R. § 91.119(c) with respect to those participating persons, vehicles, and structures directly involved in the performan ce of the actual filming. Regarding distance from participating persons, the operations manuals set forth safety factors for authorized and consenting production personnel . Because those procedures are specific to participating persons, no further FSDO o r aviation safety inspector approval is necessary for reductions to the distances specified in Petitioner’s manuals.

3 Pursuant to Order 8900.1 V3, C 8, S1, “participating persons” includes all persons associated with the filming production. Participating persons will be briefed on the potential risk of the proposed flight operations and must acknowledge and accept those risks prior to participation. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 17 Regarding the distance from nonparticipating persons, Petitioner will ensure that all operat ions are conducted at least 500 feet from all non participati ng persons, vessel s, vehicles, and structures unless: ( a) Ba rriers or struc tures are present that sufficiently pr o tect nonparticipating persons from the UAS and/or debris in the event of an accident. P etitioner will ensure that nonparti c ipating p ersons remain under such protection. If a situation arises where nonpartici pating persons leave such protection and are within 500 feet of the UAS , flight operations must cease i mm ediately in

a ma nner ensuring the safety of nonparticipating persons; and (b) The owner/controller of any vess els, vehicles, or struc tures has granted permission for operating closer to those ob jects and the PIC has made a safe ty assessment of the risk of operati ng closer to those object s and has determined that it does not present an undue haz ard. Unless a letter of agree ment with an airport ’ s management is obtain ed or the operations are otherwise permitted by a Certificate of Waiver or Authorization (“COA”) , Petitioner will not conduct UAS operations within 5 nautical miles of an airport reference point ( “ ARP ” ) as denot ed in the current FAA Airport /Facility Directory ( “ AFD ” )

. For airports not denoted with an ARP, Petitioner will not conduct UAS operations within 5 nautical miles of the center of the airport symbol as denoted on the c urrent FAA

published a eronautical chart, w ithout t he afo rementioned letter of agreement or COA in

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 18 pla ce . The letter of agreement with airport man agement will be made available t o the
FAA and any law enforc ement official upon request. All operations will be conduct ed in accordance with a Notice to Airmen (“NOTAM”) . Additionally, Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. Nor will Petitioner operate the UAS le ss than 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. Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (inclu ding, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hang g liders). Although Petitioner seeks to comply with the waiver process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificat e of Waiver for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the section did not originally provide for U AS operations. Thus, Petitioner seeks exemption from the applicable regulations normally waived during that process. Petitioner proposes that the FAA include the required notifications and coordination with jurisdictional FSDOs through the conditions and limitations accompanying the requested exemption, and that the exemption sought herein will take the place of the Certificate of Waiver normally issued by a jurisdictional FSDO under

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 19 8900.1 . Under this rubric, Petitioner will notify every FSDO with juris diction over the area that Petitioner plans to operate, just as with manned filming operations, and those FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address any local concerns. Petitioner requests a “ blanket ” COA p ermitting commercial UAS operations at o r below 200 feet AGL. F or all other operations, Petitioner will obtain an Air Traffic Organization (“ATO”) issued C OA prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 2 4 hours prior to the operation. When applicable, all UAS operations will be conducted in accordance with any state or local privacy laws.
D. The Requested Exemption Promotes the Public Interest
T he enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Moreover, a s the FAA has already recognized, “UAS provide an additional tool for the filmmaking industry, adding a greater degree of flexibility, which

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 20
supp lements the current capabilities offered by manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352, at p. 22.
V. CONCLUSION For the foregoing reasons, the regulatory exemptions requested herein should be granted pursuant to the FAA ’ s expedited “ S ummary Grant ” process and Petitioner shoul d be permitted to conduct small UAS operations for the purpose of closed

- set aerial filming
and photography

. Respectfully submitted, BUCHALTER NEMER A Professional Corporation

By Paul J. Fraidenburgh Counsel for Petitioner Aerial Imagery Works, LLC

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.com18400 V ON K ARMAN A VENUE , S UITE 800 I RVINE , C ALIFORNIA 92612

- 0514 T ELEPHONE (949) 760

- 1121 / F AX (949) 720

- 0182
Direct Dial Number: (949) 224

- 6247 Direct Facsimile Number: (949) 224

- 6407 E

- Mail Address: pfraidenburgh@buchalter.com

April 30, 2015

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

Aerial Imagery Works, LLC ’s Petition for “ Summary Grant ” Exemption to

Operate Unmanned Aircraft Systems for Aerial Filming and Photography

FAA Regulatory Docket

NAME AND ADDRESS OF PETITIONER COUNSEL FOR PETITIONER Aerial Imagery Works, LLC Paul J. Fraidenburgh Attn: Kyle Dorosz BUCHALTER NEMER 1677 W. Hamlin Road 18400 Von Karman Ave , Suite 800 Rochester Hills, MI 48309 Irvine, CA 92612 248.990.275 4 949.224.6247 kyle@aerialimageryworks.com pfraidenburgh@buchalter.com

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 2 I. PETITION SUMMARY Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 , Pub. L. No. 112

- 95 (2012) , 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general exemption autho rity under 49 U.S.C. § 44701(f) , Aerial Imagery Works, LLC (“ Petitioner ”) hereby petitions for a “ S ummary G rant ”
E xemption from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133 (a) , 91.7(a), 91.9(b)(2), 91.103 (b)(1) , 91.119 (c) , 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1) 91.409(a)(2), 91.417(a)

- (b). The proposed exemption s , if granted , would allow Petitioner to operate small , camera - mounted unmanned aircraft systems (“UAS”) weighing 55 pounds or less for the purpose of closed

- set filming and aerial photography

. Based on the small size of Petitioner’s UAS , the qualifications and experience of Petitioner’s UAS operators, and the restricted , sterile environment within which Petitioner will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress and set forth in Section 333. Additionally, the e nhanced safety achieved by replacing sig nificantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabl ed by the instant Petition are in the public interest. Because the requested exempti on would n ot set precedent, and because any dela y in acting on this Petition would be detrimen tal to Petitioner, good cause exists for granting this Petition on

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 3
an expe dited basis pursuant to the FAA ’ s streamli ned “ Summary Grant ” process . I n addition, good cause exists f or foregoing a p ublished summary of the petition in the Feder al Register

. Thus, Petitioner respectfully requests that the FA A grant this non precedent sett ing exemptio n on an expedited basis.
II. STATUTORY AUTHORITY A. Section 333 Section 333 , titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace System (“NAS”). Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanis m for “expedited operational authorization.” The FAA has committed to complying with this mandate by granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352 (granting regulatory exemptions to Astraeus Aerial for operation of unmanned aircraft systems for the purpose of filming for the motion picture and television industry). Section 333(b) identifies several factors that the FAA should consider in determining whether commercial UA S operations should be approved. These include UAS that, “as a result of their size, weight, speed, operational capability, proximity to Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 4 airports and populated areas, and operation within visual line of sight do not create a hazard to users of the [NAS] o r the public or pose a threat to national security.” See Section 333(b).
B. Section 44701(f) In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant exemptions from the FAA’s safety regulations an d minimum standards when the Administrator decides a req uested exemption is in the public interest. See U.S.C. § 44701(f).
III. REQUESTED EXEMPTIONS Petitioner requests relief from the following regulations:
Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 61.113 prescribes that “no person who holds a private pilot certif icate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft ,” ( see Section 61.113(a)), and that “a private pilot may, for compensation or hire , act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 5 employment; and (2) The aircraft does not carry passengers or property for compens ation or hire,” ( see Section 61.113(b)). Section 61.133 (a) sets forth privileges for persons holding commercial p ilot certificates, including a provision impliedly limiting to persons holding a commercial pilot certificate the ability to act as pilot in command of an aircraft “[f]or com pensation or hire

. ” Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.9(b)(2) prohibits operation of U.S. register ed civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Section 91.103 (b)(1) prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that fl ight, to include, “ For any flight, runway lengths at airports of intended use, and the following takeoff and l anding distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein. ” Section 91.119 (c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: “ Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 6 populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ” Section 91.121 requires, in pertinent part, 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.” Section 91.15 1(a) prescribes that 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 cruising speed, (1) duri ng the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes. Section 91.203 prohibits, in subpart (a) , any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203 prescribes, in subpart (b) , that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 i s displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the aircraft inspected as prescribed in subpart E of the same part and sh all,

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 7 between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that h as undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

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

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

- (i) A description (or reference to data acceptable to the Administrator) of the w ork performed; and

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 8 (ii) The date of completio n of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv ) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisions date. If the AD or

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 9 safety directive involves recurring action, the time and date when the nex t action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this sect ion shall be retained and transferred with the aircraft at the time the
aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is appro ved for return to service.

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 10 IV. PETITIONER’S PROPOSED OPERATIONS SATISFY SECTION 333. A. Unmanned Aircraft System The UAS to b e operated under this request are less than 55 lbs. fully loaded, will be operated at a speed of no more than 8 7 knots (100 miles per hour) , carry neithe r a pi lot
nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within a secured area. In no case will the U AS be o perated at airspeeds greater than the

ma ximum UAS op erating airspeed recommended by th e aircraft manufacturer.
Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) req uirements , and Petitioner has integrated safety features into the UAS , as described in Petitioner’s Flight Operations and Procedures Manual (“FOPM”) and Motion Picture and Television Operation s M anual (“MPT OM”) (collectively, “operations manuals”)

. 1
Petitioner’ s UAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in

- flight failures. If a lost

- link event occurs , including the loss of ground communications and/ or the loss of a GPS signal, Petitio ner’s
UAS have the ability to perform a pre

- co ordinated , predictable, automated flight maneuver and return to a predetermined location wit hin a designated security p erimeter for landing . The UAS further have the ability to abort a flight in the event of unpredicted

1 The MPT OM and FOPM will be submitted separately and confidentially under 14 C.F.R. 11.35(b), as the manuals contain proprietary information that the applicant has not and will not share with others. The manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. §§ 552, et seq. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 11 obstacles or emergencies

. T h e PIC will not begin a flight un less (considering wind and for ecast weather conditions ) there is enough available battery power for the UAS to conduct the intended ope ration and to operate after tha t for at least five minutes or with th e reserve power reco mmended by the manufacturer if great er . Thus, good cause exists for granti ng Petitioner’s requested relief from 14 C.F.R. § 91.151(a) (setting forth fuel requirements for flight in VFR conditions). Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Nu mber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.121 (Altimeter Settings), Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter onboard t he UAS. Instead, altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. The altitude information wil l be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed f or accuracy by the UAS
PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 91.121. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 C.F .R. Part 21, Subpart H

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 12 (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate in the restricted environment and under the conditions and limitations proposed by Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certifica te issued under 14 C.F.R. Part 21, Subpart H , and not subject to the proposed limitations and conditions. Petitioner wi ll strictly comply with safety and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals. To the extent such information is not included in the guidelines developed by the manufacturers,
P etitioners wi ll develop and document maintenance, overhaul, replacement, and inspection requirements, procedures to document and maintain maintenanc e records with regard to Petitioner’s UAS, and UAS technician qualification criteria. Petitioner’s operations manuals will include maintenance requirements for Petitioner’s UAS, including “on

- condition” maintenance and modifications. In light of these mi tigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) are warranted.
B. UAS Pilot in Command Petitioner’s UAS pilot in command ( “ PIC ” ) shall hold either an airline transp ort, commercial, pr ivate, recreational, or sport pilot certificate

. The PIC shall also hold a

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 13 current FAA airman medical certificate or a valid U.S. driver ’ s license issued by a state, the District of Columbia, P uerto Rico, a t erritory, a possession, or the Federal government. Since there are no standards for either private or commercial UAS pilot certificates, knowledge of airspace regulations acquired from FAA ground school and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most important factors in establishing an equivalent level of safety. According to the FAA, “the FAA considers the overriding safety factor fo r the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Regula tory Docket No. FAA

2014

- 0352, at p. 18. With those factors in mind, Petitioner’s UAS PIC shall be required to meet several conditions and limitations as outlined in the FOPM and MPT OM , including the following:

• The UAS PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor).

• The UAS PIC will have accumulated and logged a minimum of five hours
of f light time with the specific make and model of the UAS to be utilized

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 14 for operations under the exemption and three take

- offs and landings in the preceding 90 days.

• T he UAS PIC will have successfully completed the qualification process as specified in the o perations manuals , to include a knowledge and skill test. 2 Regarding Petitioner’s requested relief from 14 C.F.R. § 91.7(a) , it is Petitioner’s understanding that Petitioner’s UAS will not require an airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a) is therefore unnecessary. To the extent such an exemption is deemed necessary, Petitioner asserts that it should be granted in light of the safety procedures proposed herein. In accordance wi th the pertinent part of 14 C.F.R. § 91.7(b), the operator in command of Petitioner’s UAS shall be responsible for determining whether the aircraft is
in a safe condition for f light. Petitioner’s manuals for maintenance and operations shall include safety checklists to be used by the operator in command prior to each flight. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements ) and § 91.203(a) and (b), ( Civil aircraft: certific ations required), it is Petitioner’s understanding that relief from these

2 Prior to operating, the PIC will be required to pass the knowledge and airmanship test qualifications developed by Petitioner for the UAS (which are included in Petitioner’s operations manuals). There are no established practical test st andards that support a jurisdictional FAA FSDO (“Flight Standards District Office”) evaluation and approval of company designated examiners. Petitioner will conduct these tests in accordance with its operations manuals. Given the constraints of the propo sed operations, this procedure for testing will not adversely affect the safety of the NAS. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 15 regulations is no longer necessary in light of the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for Petitioner’s proposed operations, such exemption should be granted in light of the mitigating fact that Petitioner will maintain the documents required under 1 4 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during flights. Additionally, 100% of Petitioner’s operations will utilize a visual observer (“VO”). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights

. Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other applicable procedures and requirement s stated in § 91.103(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also account f or all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return

- to

- home sequence if needed

. The PIC’s UAS operation will be limited to a unique and restricted environment. Given the (1) separation of closed

- set filming operations from other manned operations, (2) parallel nature of aeronautical knowledge requirements incumbent in obtaining a

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 16
pr ivate, recreational, or sport pilot certificate versus a commercial pilot’s license , and ( 3) the proposed UAS airmanship skills of Petitioner’s PICs, the additional manned airmanship experience of a commercial pilot would not correlate to the airmanship skills necessary for Petitioner’s proposed unmann ed operat ions. Thus, Petitioner’s request for relief from 14 C.F.R. § 61.113(a) and (b) and § 61.133(a) should be granted.
C. Operating Parameters of Petitioner’s UAS Petitioner’s UAS operations will be conducted within a sterile environment of closed

- set fi lming. In this controlled environment, Petitioner’s operations will remain within VLOS of the PIC and VO , below 400 feet AGL , and at speeds below 8 7 knots

. Only participating persons will be permitted within the operating area. 3
Consistent with the relie f typically provided to manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 C.F.R. § 91.119(c) with respect to those participating persons, vehicles, and structures directly involved in the performan ce of the actual filming. Regarding distance from participating persons, the operations manuals set forth safety factors for authorized and consenting production personnel . Because those procedures are specific to participating persons, no further FSDO o r aviation safety inspector approval is necessary for reductions to the distances specified in Petitioner’s manuals.

3 Pursuant to Order 8900.1 V3, C 8, S1, “participating persons” includes all persons associated with the filming production. Participating persons will be briefed on the potential risk of the proposed flight operations and must acknowledge and accept those risks prior to participation. Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 17 Regarding the distance from nonparticipating persons, Petitioner will ensure that all operat ions are conducted at least 500 feet from all non participati ng persons, vessel s, vehicles, and structures unless: ( a) Ba rriers or struc tures are present that sufficiently pr o tect nonparticipating persons from the UAS and/or debris in the event of an accident. P etitioner will ensure that nonparti c ipating p ersons remain under such protection. If a situation arises where nonpartici pating persons leave such protection and are within 500 feet of the UAS , flight operations must cease i mm ediately in

a ma nner ensuring the safety of nonparticipating persons; and (b) The owner/controller of any vess els, vehicles, or struc tures has granted permission for operating closer to those ob jects and the PIC has made a safe ty assessment of the risk of operati ng closer to those object s and has determined that it does not present an undue haz ard. Unless a letter of agree ment with an airport ’ s management is obtain ed or the operations are otherwise permitted by a Certificate of Waiver or Authorization (“COA”) , Petitioner will not conduct UAS operations within 5 nautical miles of an airport reference point ( “ ARP ” ) as denot ed in the current FAA Airport /Facility Directory ( “ AFD ” )

. For airports not denoted with an ARP, Petitioner will not conduct UAS operations within 5 nautical miles of the center of the airport symbol as denoted on the c urrent FAA

published a eronautical chart, w ithout t he afo rementioned letter of agreement or COA in

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 18 pla ce . The letter of agreement with airport man agement will be made available t o the
FAA and any law enforc ement official upon request. All operations will be conduct ed in accordance with a Notice to Airmen (“NOTAM”) . Additionally, Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. Nor will Petitioner operate the UAS le ss than 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. Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (inclu ding, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hang g liders). Although Petitioner seeks to comply with the waiver process as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificat e of Waiver for Motion Picture and Television Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, because the section did not originally provide for U AS operations. Thus, Petitioner seeks exemption from the applicable regulations normally waived during that process. Petitioner proposes that the FAA include the required notifications and coordination with jurisdictional FSDOs through the conditions and limitations accompanying the requested exemption, and that the exemption sought herein will take the place of the Certificate of Waiver normally issued by a jurisdictional FSDO under

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 19 8900.1 . Under this rubric, Petitioner will notify every FSDO with juris diction over the area that Petitioner plans to operate, just as with manned filming operations, and those FSDOs will have the ability to coordinate further conditions and limitations with the UAS Integration Office to address any local concerns. Petitioner requests a “ blanket ” COA p ermitting commercial UAS operations at o r below 200 feet AGL. F or all other operations, Petitioner will obtain an Air Traffic Organization (“ATO”) issued C OA prior to conducting any operations under this grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less than 2 4 hours prior to the operation. When applicable, all UAS operations will be conducted in accordance with any state or local privacy laws.
D. The Requested Exemption Promotes the Public Interest
T he enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Moreover, a s the FAA has already recognized, “UAS provide an additional tool for the filmmaking industry, adding a greater degree of flexibility, which

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.comApril 30, 2015 Page 20
supp lements the current capabilities offered by manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA

- 2014

- 0352, at p. 22.
V. CONCLUSION For the foregoing reasons, the regulatory exemptions requested herein should be granted pursuant to the FAA ’ s expedited “ S ummary Grant ” process and Petitioner shoul d be permitted to conduct small UAS operations for the purpose of closed

- set aerial filming
and photography

. Respectfully submitted, BUCHALTER NEMER A Professional Corporation

By Paul J. Fraidenburgh Counsel for Petitioner Aerial Imagery Works, LLC

Buchalter Nemer Los Angeles • Irvine • San Francisco • Scottsdale www.buchalter.com