United States of America

Department of Transportation

Federal Aviation Administration

Washington DC

Basis for Petition:

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(ap

(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14

C.F.R. 417(a)&(b)

Attn: to whom may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

"Reform Act") and 14 C.F.R. Part 11, 2N Media Productions the owner and operator of the DJI

Phantom 3 Advanced quad­copter Unmanned Aircraft System (UAS), seeks an exemption from

the Federal Aviation Regulations, ("FARs") listed below so that 2N Media Productions can

operate our small ultra­lightweight UAS commercially in airspace regulated by the Federal

Aviation Administration ("FAA").

Submitted September 30, 2015

Donald E Collings

2N Media Productions

5 Buoy Street

Jamestown RI 02835

Mobile: (860) 334­0733

Email: donn.collings@gmail.com

www.2nmediapro.com
GLOSSARY OF APPLICABLE ABBREVIATIONS:

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
INTRODUCTION AND INTERESTS OF THE PETITIONER

The requested exemption would support an application for a commercial Certificate of

Authorization to use the UAS to perform aerial observation, capture of video and/or images for

real estate listings, filmmaking, industrial or agricultural mapping, as well as aerial inspection of

structures or property for various industries.There would also be opportunities to assist local first

responders in cases where conventional aircraft cannot be used or time constraints require a

more rapidly deployed solution.

The Pilot in Charge [PIC]) and a visual observer (VO) can perform the functions described in the

operating manual for all flights under this Exemption, if granted.

Note; the VO will not be operating the UAS

Use of the DJI Phantom 3 Advanced UAS for aerial mapping reduces the need to operate

conventional aircraft for the same purpose and provides very high quality imagery at a fraction

of the dollar cost and danger to human life of using conventional aircraft.

By approving these exemptions, the FAA will create benefits through safer survey methods by

UAS, resulting in enhanced efficiency and productivity for the affected activities, as well as

environmental benefits, which are all ultimately in the public interest.

Committed to safety with each flight, 2N Media's exemption request would permit operation of

ultra­lightweight, unmanned (piloted by remote control) UAS in tightly controlled and limited

airspace. Currently, similar lightweight, remote controlled UAS are legally operated by

unmonitored amateur hobbyists with no safety plan or controls in place. 2N Media has in place

and will follow its UAS Pre­Flight Safety Checks, Flight Protocols and Controls for safe operation

so as to avoid and prevent hazards to the public.

This will act to further safety protocols exclusive to lightweight UAS specifically designed for

video and photography usage as flight data records and other information gained through

permitted flight operations which can be shared with the FAA through any required FAA reports

to assist with future protocol and safety regulation. Granting the applicant's request aligns with

the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only

integrate UAS into the national airspace system, but to "...establish requirements for the safe

operation of such aircraft systems [UAS] in the national airspace system" under Section 333(c)

of the Reform Act specific to the use of UAS for commercial purposes. Further, 2N Media will

always conduct its own operations in compliance with the protocols described herein or as

otherwise established by the FAA.

For the reasons stated below, 2N Media Productions respectfully requests ,the grant of an

exemption allowing 2N Media to operate ultra­lightweight, remote controlled UAS for performing

aerial observation, capture of images for real estate listings, filmmaking, industrial or agricultural

mapping, as well as aerial photo\video inspection for various industries. There would also be

opportunities to assist local first responders in cases where conventional aircraft cannot be used

or time constraints require a more rapidly deployed solution. All of which will promote local

economic growth through increased employment and increased tax base. This keeps public

safety in mind by replacing heavier manned aircraft containing combustible fuel that that poses

potential public hazard.
II The Specific Sections of Title 14 of the Code of Federal Regulations From Which 2N

Media Productions Requests Exemption are:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(ap

(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14

C.F.R. 417(a)&(b)

III The Extent of relief 2N Media seeks and the Reason 2N Media Seeks Such Relief:

2N Media Productions submits this application in accordance with the Reform Act, 112 P.L. 95

§§ 331­334, seeking relief from any currently applicable FARs operating which prevents 2N

Media's proposed commercial, cinematic, academic and other flight operations 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. 2N Media Productions ultra­lightweight UAS meets the definition of "small unmanned

aircraft" as defined in Section 331 and therefore the integration of said ultra­lightweight UAS is

expressly contemplated by the Reform Act.

2N Media would like to operate its ultra­lightweight UAS prior to the time period by which the

Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct

experience and valuable information for formal regulation that can be administered uniformly to

all agriculture, mapping, and real estate related UAS aerial video and photography. The Reform

Act guides the Secretary in determining the types of UAS's that may operate safely in our

national airspace system. Considerations include: The weight, size, speed and overall

capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of

these items reflect in favor of an exemption for 2N Media Productions.

The DJI Phantom 3 operated by 2N Media UAS utilizes four (4) counter­rotating propellers for

balance, control and stability. Weighing less than five (5) pounds (far below the maximum 55

pound limit);including camera with gimbal. 2n Media Productions UAS is equipped with a

compass, GPS, auto return safety technology if communication is lost between the UAS and the

controller, Real­Time Fight Data Display and software settings to force the device to abide by

International Civil Aviation Organization regulations by limiting altitude and distance from PIC

2N Media considers safety as foremost with each flight, as such our UAS is designed to hover in

place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and

responsible operations 2N Media will not fly in winds exceeding 16 kph (10 mph) nor exceed an

indicated airspeed of 29 knots (15 m/s).
Built­in safety features:

Real­Time Flight Data includes UAS flight height, horizontal speed, vertical speed, and distance

from the PIC. Built­in safety systems include a GPS mode that allows 2N Media's UAS to hover

in place when radio controls are released allowing for safer aerial videography/photography.

This is the safest, most reliable and stable mode to prevent accident and hazard. Should

positive control or PIC communication is lost, 2N Media Productions UAS is designed to safely

navigate back and descend to the point of take­off (Return to Home). Real­Time Telemetry

display provides constant update as to UAS location, altitude and distance away from PIC as

well as battery levels and flight time.

2N Media will not operate the UAS near Airports, Hospitals, nor Police heliports and will not

operate near areas where general public is within fifty to one hundred (50­100) yards depending

on location, conditions and weather. 2N Media Productions PIC and VO will be on constant alert

for any manned aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to

land/abort immediately to the nearest and safest ground point should a manned aircraft or UAS

approach our flight path.

2N Media's UAS is capable of vertical and horizontal operations, and is only flown within the line

of sight of both the PIC and VO. Utilizing battery power rather than combustible fuels, flights

with 2N Media Productions UAS generally last between fifteen (15) and twenty (20) minutes at

an altitude under the FAA approved 400 feet AGL ceiling.

2N Media will utilize a fresh, fully charged battery with each flight as a safety precaution; full

flight time limit for each battery is eighteen (18) to twenty two (22)minutes as tested. 2N Media

will not operate our UAS at or below manufacturer recommend minimum charge levels for

operation; preferring to remain well within a safe operating range to insure adequate

communication between radio control and UAS to eliminate potential for crash, loss of control or

hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient

safe level of operation.2N Media Productions does not believe in taking risk that may cause a

crash or could create hazard to the public.

2N Media’s PIC has many hours of verifiable flight time as a hobbyist simulating flights for future

commercial use to gain familiarization with the characteristics of this specific UAS performance

under different temperature and weather conditions.

2N Media also utilizes a flight simulator program configured with the actual UAS controls to

maintain adequate skills and reflex time for the sake of safety. 2N Media Productions are

extremely cautious when operating any UAS and will not "create a hazard to users of the

national airspace system or the public." 112 P.L. 95 § 333 (b).

Given the small size and weight of 2N Media's UAS, it falls well within Congress’s contemplated

safety zone when it promulgated the Reform Act and the corresponding directive to integrate

UAS into the national airspace system. 2N Media Productions UAS as used in hobby flight, has

a demonstrable safety record and does not pose any threat to the general public or national

security.
IV. How 2N Media Productions Request Will Benefit the Public As A Whole:

Aerial videography for filmmaking, recreational photography, industrial and agricultural mapping

for various industries has been around for a long time through manned fixed wing aircraft and

helicopters. For small budget companies, farms and average homeowners, the expense of

manned aerial videography is cost prohibitive. Only large companies can afford to absorb such

expense, thus depriving the remainder of the public from a valuable survey, marketing and

mapping tool.

The possibility for use in search and rescue operations would provide small fire and safety

organizations with another tool that could be quickly and safely deployed when a larger more

expensive traditional aircraft would not be practical or affordable. The rapid deployment of the

DJI Phantom 3 that 2N Media operates would allow for high resolution images and even live

streaming video that could be viewed by many more personnel providing a much better chance

of the search target being safely located.

Additionally the use of a UAS for damage survey here in New England where weather causes

damage to power and utility infrastructure on a regular basis could very well mean the difference

between life and death for residents affected by a devastating storm outage.

V. Reasons Why 2N Media Productions Exemption Will Not Adversely Affect Safety Or

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:​

This exemption will not adversely affect safety, quite the contrary, for the reasons stated above

permitting 2N Media to log more flight time in FAA controlled airspace with communication and

verifiable flight records available to the FAA will allow us to contribute to the innovation and

implementation of new opportunities for various industries which are currently cost prohibitive as

well as providing an noting data for future FAA regulations.

Prior to conducting operations for the purpose of commercial aerial photography/videography,

2N Media’s PIC will have accumulated at least 20 hours as a PIC with a multi­rotor UAS. 2N

Media’s safety protocols provide a level of safety equal to or exceeding existing rules. It is

important to note that absent the integration of commercial UAS into our national airspace

system, helicopters are the primary means of aerial video and photography for community

awareness and real estate. While the safety record of such helicopters is astounding, there

have been incidents involving loss of life as well as extensive property damage; it is far safer to

operate a battery powered ultra­lightweight UAS.

First, the potential loss of life is diminished because UAS carry no people on board and 2N

Media will only operate its UAS in specific areas away from mass populations.

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly

diminished.

Third, the small size and extreme maneuverability of the DJI Phantom 3 UAS allow the PIC to

remotely pilot away from and avoid hazards quickly and safely, even when close enough to

capture amazing images. 2N Media Productions UAS need not be so close to the objects they

are focused on providing yet another level of safety. Accordingly our UAS has been

experimentally operated for familiarization/competency and will continue to operate at and

above current safety levels.
VI A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.14 C.F.R.

Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement

of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and

enclosed operational area of 2N Media’s UAS permits exemption from Part 21 because the DJI

Phantom 3 Advanced UAS meets (and exceeds) an equivalent level of safety pursuant to

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. 2N Media Productions current UAS meets or

exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable. However, 2N Media’s PIC will still ensure that the UAS is in an airworthy condition

based on compliance with the operating documents prior to every flight.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on

board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating

areas where safety can be defined. To address this exemption safely 2N Media Productions

UAS operations manual will be kept in a location readily accessible by the PIC.

14 C.F.R. § 91.103 regarding preflight action. 2N Media’s PIC will take certain actions before

flight to ensure safety of the flight. These will include reviewing weather, flight battery

requirements, landings, takeoff distances and aircraft performance data before initiation of the

flight.

14 C.F.R. § 91.121 regarding altimeter settings This is addressed by the UAS usage of an

electronic GPS with a barometric sensor. According to the manufacturer of 2N Media

Productions UAS (The DJI Phantom 3 Advanced), the GPS sensor is accurate to 2.6 feet

Vertical and 8.2 feet Horizontal. These accuracies are adequate to safely operate the UAS for

its exempt purposes.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level

of safety will be achieved by maintaining any such required certifications and registrations by

Drone Shot in a location accessible by 2N Media’s PIC.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. 2N Media Productions UAS, by definition, is unmanned. Therefore the UAS does

not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two­inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal

lettering requirement. The FAA has previously issued exemptions to this current regulation and

we would certainly comply with any future regulation on this subject by the FAA.
C. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. 2N Media’s UAS will never

operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as

recommended by the FAA Modernization and Reform Act of 2012. 2N Media will conduct all

operations under strict Protocols and Controls , including posting a warning sign reading:

"Attention Aerial Photography in Progress – Remain Back 150 Feet". 2N Media’s PIC will

operate its UAS in accordance with Exemption No. 11109, which may require the UAS be

operated closer than 500 feet to essential persons. Non­participating persons must remain at

appropriate distances (500 feet) from the UAS, and if they need to be closer than 500 feet,

non­participating persons will remain behind barriers or structures that can

sufficiently protect them from the UAS debris in the event of an accident.

D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above­cited Regulations require, amongst other things, aircraft owners and operators to

"have [the] 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. . . ."

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to 2N Media’s UAS. However, as a safety precaution 2N Media Productions

PIC and VO will inspect the UAS before and after each flight according to our established

pre­flight inspection.

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).The size,

weight and enclosed operational area of 2N Media’s UAS permits exemption from Part 21

because the DJI Phantom 3 Advanced UAS meets an equivalent level of safety pursuant to

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and

avoidance of areas such as airports and dense populations. 2N Media Productions UAS meets

or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or

passengers, and given the size of the UAS this Regulation is inapplicable. An equivalent level of

safety will be achieved by maintaining a manual in close proximity to the PIC.

Additionally through a rigorous maintenance program that involves regular software updates

and curative measures for any damaged hardware an equivalent level of safety will be

achieved.
A Summary the FAA May Publish in the Federal Register:

In summary, Done Shot seeks an exemption from the following:

Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9

(b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. §

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14

C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§

91.417 (a) & (b) to commercially operate 2N Media Productions small unmanned

vehicle/lightweight unmanned aircraft vehicle in community awareness, real estate operations,

filmmaking, agricultural and industrial mapping for various industries and to develop economic

platforms for small business. Currently all of these activities rely primarily on the use of larger

aircraft running on combustible fuel, posing potential risk to the public. Granting 2N Media

Productions request for exemption will reduce current risk levels and thereby enhance safety.

2N Media Productions will operate at lower altitudes and in controlled airspace eliminating

potential public risk flying to and from established airfields. 2N Media has already been

collecting flight information incorporating safety protocols and real time flight telemetry data

gathered on the DJI Phantom and its corresponding software application. Formal collection of

information shared with the FAA will enhance the FAA's internal efforts to establish protocols for

complying with the FAA Modernization and Reform Act of 2012.

Accordingly; 2N Media Productions respectfully request that the FAA grant this exemption

request.

Respectfully Submitted;

September 30, 2015

Donald E Collings

2N Media Productions

5 Buoy Street

Jamestown RI 02835

Mobile: (860) 334­0733

Email: donn.collings@gmail.com

www.2nmediapro.com