1

May 29 , 2015
U. S. Department of Transportation
Docket Operations West Building Ground Floor, Room W12

- 140 1200

New Jersey Ave, SE
Washington, DC 20590
Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations

Dear Sir or Madam,
I, Hunter Colin Thain, owner of Shot Hunters Media LLC , am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that Shot Hunters Medi a LLC a photography business specializing in Real Estate, Sports, Boats & Yachts, Weddings, Inspection and Landscape be exempted from the below so that we may operate a small ultra

- lightweight

unmann ed aircraft system.

As described here I, Hunter Co l in Thain, am chief photographer / videographer at Shot Hunters Medi a LLC , which has acquired a DJI Phantom 3 Professional with FPV HD Video Camera with intent to operate it for commercial aerial photography / videography following exemption and approval by the FAA.
Exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace photographing or video graphing within property boundaries for individual property owners with the ir permission as well.
I, Hunter Colin Thain, owner of Shot Hunters Media LLC , will detail in this petition the specific regulations for which we seek relief, offering alternate and equivalent ways of providing a level of safety at least equal to th e existing rules. This petition focuses on public safety and public benefit.2



## I. Contact Information:

Hunter Colin Thain

,
Shot Hunters Media LLC

3 Hill H aven Ranch Way
Laguna Beach CA 92651

Phone: 949

- 444

- 3760

Email: shothuntersteam@gmail.com


## II. The s pecific s ections of t itle 14 of the c ode of f ederal r egulations f

rom w hich Shot Hunters Media LLC r equests e xemption are:

14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)


## III. The e xtent of relief Shot Hunters Media LLC seeks and the r eason he seeks such

r el ief:

I, Hunter Colin Thain, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicable FARs operating to prevent Shot Hunters Media LLC ’s

con templated commercial use of an s UAS for photograph y and videograph y use within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Our ultr a lightweight

s UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra lightweight s UAS is expressly contemplated by the Reform Act. We would like to operate our ultra lightweight s UAS prio r to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Allowing such will provide direct experience and valuable information for formal regulation that can be administered uniformly to other s UAS

- related ac tivities for aerial video and photography.
The Reform Act guides the Secretary in determining the types of s UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the

s UAS's; Whether the s UAS will be operated near airports or heavily populated areas; and, Whether the

s UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflects in favor of an exemption for Shot Hunters Media LLC. Our s UAS utilizes four (4) counter

- rotating propellers for balance, control and stability. Our s UAS is equipped with GPS and auto return, fail

- safe safety technology, and weighs approximately three (3) pounds (far below the maximum 55 pounds limit); including cam era with gimbal.3

Shot Hunters Media LLC considers safety to be the most important requirement for each and every flight. Our small

- unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knots (15mph) wind. For safety, stabi lity and fear of financial loss, we will not fly in winds exceeding 16 kph (10 mph). Built

- in safety systems include a GPS mode that allows my s UAS to hover in place when radio controls are released. With three modes to choose from, we utilize the GPS mo de for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost, the s UAS is designed to go into a Fail

- Safe mode and slowly
return

- to

- home; i.e., within 3 meters o f the point of take off. In accordance with FAA regulations, we do not operate our s UAS near airports, within temporary flight restricted areas, near hospitals or sporting event areas, near special security areas, and do not operate near areas where gen eral public is anywhere within 150 feet. With an observer always present, we are constantly on alert for both people on the ground and manned aircraft in the air, and prepared to land/abort immediately to the nearest and safest ground point should a manne d aircraft approach my location or I suspect manned aircraft may approach near my location.
We do not believe in taking any risk that may cause any harm or crash that could create a hazard to the public, to property and to manned aircraft, and have no des ire to lose an investment. We have recorded numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific s UAS's performance under different temperatu re and weather conditions. We also practice computerized simulated flights to maintain adequate skills and response reflex time.
Shot Hunters Media LLC chief pilot will be me, Hunter Colin Thain, owner of Shot Hunters Media LLC . I am extremely cautious when operating our s UAS / ultra

- lightweight unmanned aircraft. My Phantom 3

s UAS, used in hobby flight, has a demonstrated safety record and does not pose any threat to the general public.



## IV. How Shot Hunters Media LLC request will benefit the p ublic a s a w hole:

The operation of small s UAS , weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and all owing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with traditional aircraft which pose a safety risk. Th ere are no personnel on board the s UASs and therefore the likelihood of death or serious bodily injury is significantly diminished. All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Film ing will be of people who have also consented to being filmed or otherwise have agreed to be in the area where fi lming will take place. Shot Hunters Media LLC will provide an equivalent or better level of safety as that achieved under the current FAR’s.

Our ultra lightweight s UAS is battery powered and creates no emissions that can harm the environment. The consequence of our ultra lightweight s UAS crashing is far less than a full size helicopter or fixed wing4

aircraft; which are heavy, contain a pilot, many gallons of combustible fuel and can cause catastrophic devastation to the public. The Sma rt Battery employed in Phantom 3 provides immediate visual awareness and percent battery charge remaining as well as similar information during flight through Ground Control Station.
Granting Shot Hunters Media LLC exemption request furthers the public interest through visual awareness of the geographical benefits in and around the Southern California area. In furtherance of the public’s interest, we would also make our services available on a volunteer/no

- cost basis to local Not

- for

- Profit / Search and Rescue / Fire Fighting organizations.



## V. Reasons w hy Shot Hunters Media LLC e xemption w ill n ot a dversely a ffect s afety

or h ow t he e xemption w ill p rovide a l evel of s af ety a t l east e qual t o e xisting r ule:

Shot Hunters Media LLC proposes tha t the exemption requested here in apply to civil aircraft that have the characteristics and that operate wi th the limitations listed here in . These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and cinematogr aphy filming operations conducted with conventional aircraft.
These limitations and conditions to which Shot Hunters Media LLC agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The s UAS will weigh less than 5 5 lbs.
2. Flights will be operated within line of sight of a pilot and/or observer.
3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.
4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the s UAS Commercial Pilot and the Visual Observer

.
6

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

7 . The s UAS will only operate within a confined sterile closed

- set area with a set safety perimeter, the boundaries of which will be determined b y production personnel based on the site

- specific filming

a ctivities and speed of the s UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local governm ent officials as applicable.

8 . A briefing will be condu cted in regards to the planned s UAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety peri meter be present for this briefing.5

9. The s UAS Pilot will ensure this safety perimeter that only consenting production personnel will be allowed within 100 feet of the s UAS operation by not permitting anyone who had not been briefed or whom is not involve d in production to be in the closed

- set area.

10 . Written and/or oral permission from the relevant property holders will be obtained.

11 . If applicable, all required permissions and permits will be obtained from territorial, state, county or city juri sdictions, including local law enforcements, fire, or other appropriate governmental agencies.

1 2 . The s UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

13. PREFLIGHT CHECKLIST

a . Remote controller, aircraft battery, and mobile device are fully charged.

b . Propellers are mounted correctly and firmly.

c . Micro

- SD card has been inserted if necessary.

d . Gimbal is functioning as normal.

e

. Motors can start and are functioning as normal.

f . DJI Pilot app connected to the aircraft.

14. TO REGAIN CONTROL AFTER LOST RADIO CONTACT : If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated a nd will bring the s UAS back to the Pilot.

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 procedural requirements for the issuance of airworthiness certifi cates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent 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 sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured 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, to provide security6

for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. T hese safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthi ness 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 sUAS, due to its size, speed of operation, location of operation, lack o f explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.2 3 (b). Marking of the Aircraft t he regulation requires:
When marks include only the Roman capital letter "N" and the registration number i s 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 sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entra nce to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivale nt level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following e xemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.
14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.
Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because t he sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the P I C operating the aircraft to have no less than 40 hours of flight time with the sUAS . Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance.

14 C.F.R. §9 1.7(a): Civil aircraft airworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.7

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 available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a fli ght manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control po int where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700

14 C.F.R. § 91.103: Pref light 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 tak e all actions including 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 civ il aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control i s accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. 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.

14 C.F.R. §91.119: Minimum safe altit udes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes pr escribed for helicopters by the FAA. As this exemption is for a sUAS 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 exemptio n may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUA S will not be operated more than 100' 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

e quivalent level of safety will be achieved given the size, weight, speed of the sUAS 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 filming8

activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with 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 the movie industry. In addition, the low

- altitude operations of the sUAS will ensure se paration between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
14 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 elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS 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 sUAS provides approximately 30 minutes of power ed flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a prede termined 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. See Exemption 10673 (allowing Lockheed Martin Corpor ation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would 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 30 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from any where in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
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 or9

cockpit entrance so that it is legible to passengers or crew. The sUAS 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 sUAS. An equivalent level of safety will be achieved by keeping these doc uments at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions inc ludes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
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 insp ected 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 maintain the ai rcraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS c an land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the oper ator 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 perf ormed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft OperationsManual. As provided in the Operations Manual, the operator will ensure that the sUAS is in working order prior to initiating flight and perform required mainte nance needed.


### Privacy
All flights will occur over private or controlled access property with the property owner's prior consent and knowledge.


### Summary

Shot Hunters Media LLC is seeking exemption from the following rules: 14 C.F.R. Part 21 subpart H; 1 4 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)
Approval of the above exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of pounds and carrying hundreds of poun d of fuel presenting a significant risk to life and property. With Shot Hunters Media’s use of small UASs weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL10

they virtually eliminate all of the risk associated with traditional aerial photography. The UASs will carry no people thereby eliminating the exposure to the risks associated with flying while accomplishing the same task in a much safer manner.

Granting Shot Hunters Media LLC the above exemptions will allow for the expan sion of UAS systems into the future, in a professional, safety conscious culture steep in the tradition of Aviation.

Shot Hunters Media LLC respectfully requests that the FAA grant its exception without delay. The FAA has the authority to issue the exempt ion sought by Shot Hunters Media LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,



### Hunter Colin Thain

Shot Hunters Media, LLC
3 Hill Haven Ranch Way
Laguna Beach, CA 92651