# RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com Vladislav Popov - PIC Empire Production 5532 Andrea blvd, Sacramento, CA 95842 916-494-3677 www.empireofmotion.comDear Sir or Madam Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, I Vladislav Popov, re

ferred to hereafter as the petitioner, request exemption from the following section of Title 14, Code of Federal Regulations §§ 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) Empire Production is a video ad production agency based in the Sacramento, California. We offer clients video ad production and video animation. Empire Production would like to open new service to our clients which is Aerial Photography or Videography throughout the United States to enhance video production quality. We make the following representations of operational features which we propose to abide by to ensure this exemption will provide a full level of safety. Empire Production would plan to operate The Unmanned Aircraft (UA) in several ways:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, public events, commercials, cinematography and news gathering.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 1• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. In doing so we consider all safety precautions and regulations as foremost with each flight. 

### Background: The Unmanned Aircraft (UA) described herein is smaller,lighter and more maneuverable than conventional aircraft running on combustible fuel, operates at lower altitudes with no people on board and will there by reduce current risk levels and enhance safety. With a small payload and maximum flight time of only 22 minutes, this offers little or no risk to national security. 

### Aircraft: DJI PHANTOM 3 PROFESSIONAL
Empire Produciton will operate the DJI Phantom 3 Professional, with a total weight of 1280g or 2lbs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Under still air the maximum speed is no more than 16m/s or 35 mph with a cruising-speed of 11m/s or 25mph. The DJI Phantom 3 Professional has the ability to hover and move along a vertical and horizontal plane simultaneously. The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 4480 mAh 4s LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 3 Professional will be controlled with the C3 remote controller with an operating frequency of 2.400GHz - 2.483GHz.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 2The live video feed will have an operating frequency of 2.4 GHz ISM with maximum range of 1.2 miles. The applicant will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative

GENERAL FEATURES

• Ready to fly

• Weight: 1280g

• Diagonal Size: 590mm

• 3-axis camera stabilization

• Precision flight and stable hovering

• GPS/GLONASS positioning & auto return home

• Onscreen real-time flight parameters

• High Definition 4k Camera

• Camera tilt control

• Film straight down

• Supports Adobe DNG RAW

• Adobe lens profile support

• Camera parameter settings

• Album synchronization

Camera

• Sensor: Sony EXMOR 1/2.3” Effective pixels: 12.4 M

• ISO range: 100-3200 (video) 100-1600 (photo)

• Shutter speed: 8s-1/8000s

• Video Recording Modes: 4k 24/25p, Full HD 24/25/30/48/50/60p, HD 24/25/40/48/60p

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 3Remote Control

• Operating Frequency: 2.400 GHz-2.483 Ghz

• Working Distance: 2000m

• Battery 6000 mAh LiPo 25

• Receiver Sensitivity: -101dBm +-2dBm

• Working Voltage: 1.2A @7.4V


### Aircraft and Equivalent Level of Safety The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

• The UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 1280G or 2lbs 13oz)

• The UAS will have a maximum operating speed of no more than 35 mph.

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer(VO).

• Maximum flight time for each operational flight will be 22 minutes. Flights will be terminated at 25% battery power reserve or 22 minutes of flight time whichever occurs first.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 4• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator.

• The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all necessary certifications and license currently being approved by the FAA administration for commercial use.

• A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ production activities.

• All flights will occur under Visual Flight Rules Meteorological Condi

tions (VMC) only.

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point(ARP) of a tower controlled or uncon

trolled airport.The DJI Phantom 3 Professional has built in software for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for all DJI drones to download and prevent any possible flights occurring within no-fly zones. DJI Phantom 3 Professional has in

stalled software (code) that denies flights within the FAA no-fly zones.

• If operations will be within a 5 mile radius of the geographic center/ Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other perti

nent information.

• The PIC and VO will have been trained in operation of UAS and re

ceive up-to-date information for the particular UAS to be operated.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 5• The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

• Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

• If the UAS loses communications with the remote controller or losesGPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autono

mously.

• The UAS will have the capability to abort a flight in case of unpre

dicted obstacles, weather, or emergencies
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the proce

dural requirements for the issuance of airworthiness certificates as re

quired by FAR §91.203 (a) (1).Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an ex

emption from Part 21 Subpart H meets the requirements of an equiva

lent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airwor

thiness certificate, in the restricted environment and under the condi

tions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certifi

cate without the restrictions and conditions proposed.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 6The UAS to be operated hereunder is less than 55 lbs.(3 lbs.)fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explo

sive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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 operator 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 applicable. Even though the UAS will have no airworthiness certificate, an exemp

tion will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 7The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is car

rying passengers or property for compensation or hire. An equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft un

less it is in airworthy condition. As there will be no airworthiness cer

tificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S. - registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is avail

able in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 8room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotelypiloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a con

trol box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully func

tional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 914 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations wi the aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 1014 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the eleva

tion of the departure airport or an appropriate altimeter setting avail

able before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 11would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power — whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft 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 authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them;to the extent they are applicable to the UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 12maintain the aircraft in compliance with Part 43. Given that these sec

tion and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be ac

complished by the operator pursuant to the flight manual and operat

ing handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and op

erate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed
Additional information. We state that aerial videography and photography for brands, events, and television has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost-prohibitive. Granting this exemption to Empire Production would allow our company to provide this service at a much lower cost. Best Regards, Vladislav Popov - PIC Empire Production (www.empireofmotion.com) 5532 Andrea Blvd, Sacramento, CA 95842, USA 916-494-3677

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 13