June 19, 2015 U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Roomwl2-140 1200New Jersey Avenue, SE., Washington, DC 20590 New England Studio LLC 25 West Street Keene NH 03434 '{q03)355-1010 tom@newenglandstudio.com

Re: Exemption Requestunder Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 ofthe FAAModernization andReformAct of2012 (the "ReformAct") and 14 C.F.R. Part 11, New England Studio seeks an exemption from Federal Aviation Regulations ("FARs") detailed below for the following described Unmanned Aerial System called inthis application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

• A lightweight (2.8lb gross weight with all on-board equipment), battery operated 4-motor rotorcraft in the form ofa quadcopter that takes offand lands vertically, manufacturedbyDJI, Phantom 3 Professionalthat includes allthe following equipment in flight: • An on-board flight computerwith GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller; • An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and video; • An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and directionbackto its launch site; • A 2.4GHz on-board radio transmitter that transmits live video from the on-board cameraplus all the flight data from the telemetry system described above;

THE GROUD STATION -BASED PART OF THE SYSTEM:

• A Pilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UA while inthe air; • A 2.4GHzradio transmitter/controller operatedby the PIC to control the UA while in flight; • A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight; • A Visual Observer (VO) is a person who provides a secondpair ofeyes to visually track the UA while in flight.

Page 1 of 3The requested exemption would support an application for a commercial Certificate ofAuthorization to use the above described ME Systemto support aerial photography and video primarily ofreal

estate property, wedding and wedding engagement session, high school senior sessions, youth sports. The UA, poweredbybatteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people onboard andwill thereby reduce current risk levels and thereby enhance safety and diminish the likelihood ofdeath or serious bodily injury. With a small payload and maximum flight time ofonly 

### 22 minutes, this is offers little orno risk to national security. Low level oblique photos and video from several angles are far more effective than ground-based imagery for displaying the characteristics oflarge, complexproperties with several buildings and large trees. The alternative could be to charter a full-sized helicopter for this purpose, which has proven more costly than manypotential clients are able to afford. The benefits ofreduced cost and improved quality of presentation from the UA will be valuable to and benefitmany buyers and sellers ofreal estate property.

The ME System will be operated in the field withboth a PIC and aVO in accordance with FAA PolicyN 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flight will bemade with a UA Gross weight exceeding2.8pounds; b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operationsmust utilize a visual observer (VO). The VO and PIC mustbe able to communicate byvoice at all times during a flight operation; d) Operations will be restricted to flights over propertywith the permission ofthe property owner; e) ThePIC must have accumulated and logged, a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UApilot with a similarUAtype; f) All required permits will be obtained from state and local governmentprior to operation; g) The ME System will not be operated over denselypopulated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly ofpeople; j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; 1) Operations will be restricted to day only and weather conditions equivalent to VFR; m) ThePIC will briefthe V

### 0 andproperty owner about the operation and riskbefore the first flight at each new location; n) No flight maybe made without a Pre-Flight Inspection bythe PIC before each operation to ascertain that the UA is in a condition safe for flight (see Appendix A).

Page 2 of 3The PIC andVO will meettherequirements outlinedinFAAPolicyN 8900.227 Section 16personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course ofmaintenance instruction as part oftheir initial training. We submit that the combination ofthe UA's light weight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA canhave full confidence that the operation will have an equivalent or greater level ofsafetythan manned aircraftperforming the same mission. The name and contact information ofthe applicant are: 

### NewEngland Studio Attn: Tom Raffelt (603)355-1010 (603)499-1136 

### tom@newenglandstudio.com The regulations from whichthe exemption is requested are listedbelow. Beside eachregulation number is the page ofthe attached Addendumupon which each maybe found together with ourproposed equivalent level ofsafety for eachregulation:

- 14 CFRPart 21..

............................... AddendumPage 1

- 14 CFR 91.203

.................................AddendumPage I

- 14 CFR45.23, 45.29

..........................AddendumPage 2

- 14 CFR 91.9

.................................... AddendumPage 2

- 14 CFR 61.113, 61.133

....................... AddendumPage 2

- 14 CFR 91.109, 91.119, 91.12l..

............Addendum Page 3

- 14 CFR 91.151..

...............................Addendum Page 3

- 14 CFR Subpart E (91.401

- 91.417)

......AddendumPage 3 -FAAPolicy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l)

...Addendum 1 Page 4 We are preparedto modify or amend anypart ofthis request to satisfy the need for an equivalent level of safety. Please contactus at any time ifyourequire additional information or clarification. We look forward to working withyour office.



### Torn Raffelt Owner-Photographer New England Studio LLC

Addendum containing Exemption Requests andEquivalent Level ofSafety Appendix A- Flight Manual Appendix B- Owner's Manual for UA

Page 3 of 3ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Moonlight Engineering, requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe ME System: 14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be issued for the ME Systemunder either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

### (a) Research anddevelopment. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, ornew uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate canbe used for commercialpurposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercialpurpose as well. The aircraft will not carrypersons orproperty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructedprimarily ofcarbon fiber and plastic, we propose that the UA will be at least as safe, ifnot safer, than a conventionally certificated aircraftperforming the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFRPart 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph. 14 CFR 91.203(a) 

### & (b) Civil aircraft: Certifications required. The regulationprovidesthat an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate mustbe aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin orcockpit entrance so that itis legible to passengers or crew." At a maximum gross weight of2.8pounds, the UA is too small to carry documentation, does nothave an entrance, and is not capable ofcarryingpassengers or crew. To obtain anequivalent level ofsafety and meet the intent of91.203, we propose that documents deemed appropriate for this aircraft bythe FAA will be co-located with the crew at the ground control station and available for inspectionupon request. In order to identify the aircraft, we propose thatthe information found on airworthiness andregistration certificates bepermanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR45.23, which follows immediately after the proposedplacard descriptionbelow:

Appendix A Page 1 of4Manufacturer: DJI Innovations, Inc. Address: 14th Floor, WestWing, Skyworth Semiconductor Design Building, No.l8 Gaoxin South 4thAve, Nanshan District, Shenzhen, China, 518057. Purchased locally from B&H Photo 

### & Video, 420 NinthAve, New York, NY 10001 Iffound please contact: Tom Raffelt (603)355-1010 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, orpilot station. The UA does nothave an entrance in which the word "EXPERIMENTAL" canbe placed, and may not have a registration number assigned to itbythe FAA. We propose to achieve an equivalent level ofsafetyby including the word "EXPERIMENTAL" inthe placard onthe top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed inthe previous paragraph will provide the aircraft's registration infonnation at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, thebanner shouldbe visible to anyone that observes the aircraft and chooses to investigate its point oforigin. 14 CFR91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is inthe aircraft. We assume that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would notbe available to the crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, we propose that a current, approved UAFlight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, orpreparing for, flight. 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulationprovides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation orhire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with anybusiness or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carrypassengers orproperty for compensation or hire. Ourproposed operations require that the PIC must either 1. Hold a Commercial Pilot Certificate issuedbythe FAA, and have logged 25 hours offlight experience in this type ofUA, or 2. Meet the requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" inwhich the PIC is required to complete "FAAprivate pilot ground instruction" andpass "the FAA Private Pilot written examination." Since there are currentlyno means available for the pilot ofa UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, we propose to generate an equivalent level ofsafetybyrequiring ourpilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition
Appendix A Page 2 of4to completing the private pilot requirements. Since the aircraft cannot carrypassengers orproperty, we feel we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 14 CFR91.109 Flight Instruction; Simulated instrument flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircrafthas fully functioning dual controls." The ME System ground-based control station consists ofa small hand-held radio transmitter andwhile it does not offer a second set of"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructorhaving "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level ofsafety. 14 CFR91.119 Minimum safe altitudes: General. The regulation states that over sparselypopulated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, we cannot comply with this requirement. In order to provide an equivalent level ofsafetywe will only fly overprivate property with a size ofat least two acres with the permission ofthe owner ofthe property flown over. The aircraft will not be operated over congested areas or over any open air assembly ofpersons. The property owner will be briefed on the expectedroute offlight and the associated risks to persons andproperty onthe ground. The aircraft will be operated at a low altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty on the surface. Thereforewe maintainthat due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 14 CFR91.121 Altimeter settings. The regulationrequires that aircraft shall maintain cruising altitudes byreference to an altimeter setting available within 100 NM ofthe aircraft. The UA will always fly below 400 feet AGL and will notneed to maintain cruising altitudes in order to prevent conflict with other aircraft. AnAbove GroundLevel altimetermeasurement above the takeoff point is transmitted viaradio from the UA on-board computer tothe display screen heldbythe PIC, providing a constantlyupdated AGL readout. 14 CFR91.151 Fuel requirements for flight in VFR conditions. The regulationprovides that no person maybegin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the frrst point ofintendedlanding andto fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than%NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energyrequirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulationprovides that the operator is primarilyresponsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorizedunder 43.7" after maintenance and inspection. It is ourintention that the PIC performmaintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." Asprovided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy conditionprior to every flight and in addition conduct
Appendix A Page 3 of4detailed inspections after every two hours offlight. Maintenance perfom1ed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and finnware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work perfom1ed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 

### 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(l) ObserverMedical. This policyprovides that both the PIC andVO must have a valid FAA second-class medical certificate issuedunder part 67 in order to perform as a pilot or observer. The UA maximum gross weight is 6.5 pounds, it is constmcted ofcarbon fiber and plastic and the PIC is not on board. Boththe PIC and the VO are required to be inVLOS. Given the unlikely event that both the PIC andVO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site oflaunching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimummedical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much 

### larger vehicle.

Appendix A Page 4 of4•, 

# . APPENDIX A- FLIGHTMANUAL FLIGHT RESTRICTIONS a) No flight will bemade with a 

### VA Gross weight exceeding 

### 55 pounds; b) All operations must occur in FAA Class G airspace atno more than 400' AGL, at an airspeed of no more than 

### 50 knots and no fmther than 3/4 NM from the PIC; c) All operations mustutilize a visual observer (VO). TheVO and PIC mustbe able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights overproperty withthe permission ofthe property owner; e) The PIC musthave accumulated and logged, in a manner consistent with 14 CFR § 61.51 

### (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraftpilot and at least ten hours logged as a 

### VA pilot with a similar

### VA type; f) All required permits will be obtained from state and local government prior to operation; g) The ME Systemwill not be operated over denselypopulated areas; h) The ME Systemwill not be operated at air shows; i) The ME System will not be operated over any open-air assembly ofpeople; j) The ME System will not be operated over heavily trafficked roads; k) The ME Systemwill not be operated within 5 NM ofan airport or heliport; 1) Operations willbe restricted to day only and weather conditions equivalent to VFR; m) The PIC will briefthe VO and property owner about the operation and risk before the first flight at eachnew location; n) No flight maybe made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain that the 

### VA is in a condition safe for flight. 

### PREFLIGHT CHECKLIST 1. Remote controller, aircraftbattery, and mobile device are fully charged. 2. Propellers are mounted correctly andfirmly. 3. Micro-SD card has been inserted ifnecessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft.



### TO REGAIN CONTROL AFTER LOST RADIO CONTACT Ifradio contact is lost and notrestored within 3 seconds, an automatic Return to Home feature is activated and will bring the 

### VAV backto the PIC.

Appendix A Page 1 of 1