US Department ofTransportation Exemption Request

### Purst.J~hf~tt)',,**~~~!i()h** 333 of the FAA .**'.~./r·** .!',/\;· ri

Reform Act and Part 11 ofthe Federal Aviation


### January 25, 2016
Bryan Stone Stone Harbor Media Group 711 West. 171h 

### Street, Suite 87 Costa Mesa, CA 92627 949.230.0200 bryan@stoneharbormediagroup.com -- -"-

.. -·\·'''"

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

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14CFR91.151(a); 14CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 1 06(f), 40113, and 44701.

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems (UAS), 

### Bryan Stone hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAAas required by Section 333.

Thankyou in advance foryour consideration.Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Aerial PhotographyI 

### Videography 2. Real Estate Marketing

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

.... establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is


### Bryan Stone Stone Harbor Media Group 

### 711 West. 

### 17th Street, Suite 

### 87 Costa Mesa, CA 

### 92627 949.230.0200 bryan@stoneharbormediagroup.com

From which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14CFR 91.7 (a) 14CFR 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) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a) As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to AeryonLabs, Inc. (see Docket No. FAA-2014-0642), and 12645toAllied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers orcrew, ratherthan 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 bythis exemption is in the public interest.


### Bryan StoneWill operate one or more ofthe Following model UAS.



### DJI Phantom 3 Pro, DJI Inspire 1 Pro
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grantthe requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operationswill further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agreesto adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:



### 1.The UAS will weigh significantly lessthan 551bs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UASmodel in operation, but will not exceed 

### 30 minutes. Flights will be terminated at 

### 25°/o battery power reserve or

### 30 minutes offlight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 

### 400feet Above Ground Level (AGL} and not morethan 

### 200feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

. The PIC will have logged a minimum of

### 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day's flights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC} only.

11

.The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) ofa tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre checkofaircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that onlyconsenting persons will be allowed within 100feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafetydetermination, as U.S. Departmentof Transportation required underthe FOM. With the advanced permission of the FSDO, operations at closer range may be approved.

### 15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort aflight in case of emergencies with
an automated 11

### Return Home and Land" function.

20. The UAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA'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.

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 forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthat the UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than aconventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitoredby both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threatto national security posed bythe UAS, dueto its size, speed of operation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe 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 entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, thewords "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe 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 lessthan 2 inches nor morethan 6 inches high, the words "limited/'"restricted/'"light sport/"'experimental/'or 11provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed asthe UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February20, 2015 The equivalent level of safetywill 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 ofthe UAS as "Experimental." 14C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations mayachieve an equivalent level of safety as achieved bycurrent Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations set forth in the FOM will equate to the safe operation ofthe UAS.14C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthycondition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight, an equivalent level of safetywill be provided. 14C.F.R. 

### § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person mayoperate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by§21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, oranycombination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only becausethere is no pilot on board, but becausethere is no room orcapacityto carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control point where the pilotflying 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 insurethe safety offlight. As FAA approved rotorcraft flight manualswill not be provided forthe aircraft an exemption will be needed. The PICwill take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofa control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptionsforflight training withoutfully functional dual controls for a numberof aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at lessthan the minimums prescribed, providedthe person operating the helicoptercomplieswith any route or altitudes prescribed for helicopters by the FAA. As this exemption isfor a UASthat is a helicopterand the exemption requests authorityto operate ataltitudes upto 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may beneeded to allow such operations. As setforth herein, the UASwill neveroperate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400feet AGL, the UAS will not be operated more than 

### 200feet above the highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS aswell asthe location where it isoperated. No flight will be taken without the permission ofthe property owneror local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
morethan the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below

### 500AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat 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 altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." Asthe UAS may not have a barometric altimeter, but instead a GPS altitude read**out~** an U.S. exemption may be needed. An equivalent level of safetywill be achieved bythe operator, pursuant to the safetycheck 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 "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthat for at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes.uThe 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 areawhere only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or

### 25°/o of battery power- whichever happens first. This restriction would be more than adequateto return the UASto its planned landing zonefrom 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 itthe following: { 1 ) An appropriate and current airworthiness certificate

. . . . (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph {a) of this section or aspecial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem 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 Eof this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith 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, and a link on last page, the operatorwill ensure that the UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant Bryan Stone believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS. I alsofeel its in the public's interest on granting the exemption, aswe can educate them atthe same time. And all the positive sides ofthe newtechnology and the level of safety.

The Bryan Stone requests your respective approval ofthis Section 333 exemption petition request.

Thankyou foryour attention in this matter. Please notify Bryan Stone ofyour actions, and orapprovals. Thankyou, foryour interest in this request.

Sincerely, 

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Bryan Stone



### Manual:
https:/fdl.djicdn.com/downloads/phantom 3/en/Phantom 3 Professional User M anual V1.6.pdf
http://dl.djicdn.com/downloadsfinspire 1 pro/en/Inspire 1 Pro User Manual en vl.O 

### 1201.pdf