July 31, 2015

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Matthew J. Johnson for Exemption Pursuant to Section 333 of

the​FAA Reform Act

Petitioner’s Name and Address:

FilmStrong Productions

Owner: Matthew J. Johnson

3403 Taurus Dr.

Garland, TX 75044

830-743-9738

matt@whoismatt.com

To whom it may concern:

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

Act) and 14 CFR Part 11, FilmStrong Productions, operator of Small Unmanned Aircraft

Systems (“sUAS”) equipped to conduct aerial photography and videography, hereby

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

commercial operation of its sUAS, so long as such operations are conducted within and

under the conditions outlined herein or as established by the FAA as required by Section

333.1

As described more fully below, the requested exemption would permit the operation of

small, unmanned sUAS under controlled conditions in airspace that is 1) Limited 2)

Predetermined and 3) Controlled. The proposed exemption, if granted, would allow

FilmStrong Productions to conduct commercial operations of sUAS meeting or exceeding all

of the operational and safety requirements set forth in Section 333.

FilmStrong Productions is an aerial photography and cinematography company

owned and operated by Matthew J. Johnson.

FilmStrong Productions plans to use the capabilities of sUAS to offer a multitude of

services, including:

- Event Photography/Videography

- Landscape Cinematography
- Real Estate Photography and presentation

Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The name and address of the applicant are:

Name: FilmStrong Productions

Owner: Matthew J. Johnson

Address: 3403 Taurus Dr.

Garland, TX 75044

Phone: 830-743-9738

Email: matt@filmstrong.com

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 CFR 61.23(a) and (c)

14 CFR 61.101 (e) (4) and (5)

14 CFR 61.315 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a) and (b)

14 CFR 91.203 (a) & (b)

14 CFR 91.205 (b)

14 CFR 91.215

14 CFR (91.401 - 91.417)

In addition to providing cost savings and having little to no impact on the environment, sUAS

provide enhanced safety. These factors are beneficial for, and in the best interest of, the

public. Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

Petitioner is requesting an exemption to enable FilmStrong Productions to operate a DJI

Phantom 2 sUAS that is upgraded to latest version firmware, equipped with a 3 axis

Zenmuse camera gimbal, which uses a High-Def. video camera that can capture up to 4K

(4096x2160p) video and 12M pixel photos. This sUAS has a built-in capability to limit 1) the

height it flies above the ground and 2) the radius of the distance it flies from the operator.

The DJI Phantom 2 also has the fail-safe function of the autopilot system, when

communication between the Main Controller and the transmitter is disconnected, the

system will automatically trigger Return to Home and will land safely.

The Phantom 2 weighs 1000 grams or 6.472 or 2.20 pounds with battery.
The PIC will conduct a pre-flight safety check before all flights, in accordance with the

factory instruction manual, as well as redundant checks to include the Internal

Measurement Unit (IMU) to make sure that the compass, gyro and acceleration values are

within specs, positive GPS locks are secure, battery health in each individual LiPo cells are

balanced, and radio signals are locked in. The sUAS will be maintained in accordance with

the manufacturer’s instruction manual and only manufacturer's authorized replacement

parts will be used.

FCC Information

The Phantom 2 transmitter used for controlling the sUAS complies with part 15 of the FCC

rules. Operation is subject to the following two conditions: (1) this device may not cause

harmful interference, and (2) this device must accept any interference received, including

interference that may cause undesired operation. The Phantom 2 radio transmitter used

for controlling the sUAS is wireless technology which has been tested and found to be

compliant with the applicable regulations governing a radio transmitter in the 2.400GHz to

2.4835GHz frequency range.

Antenna Separation Distance

When operating the aircraft transmitter, the PIC will maintain a separation distance of at

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the

antenna to

meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Light Sport Pilot Certificate and a current State issued driver’s

license.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties

include all preflight preparation and inspection, in flight operation, post flight requirements,

and all procedures including but not limited to:

∙ Safe in flight operations

∙ Risk evaluation

∙ Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to

communicate clearly with the PIC.

The Observers duties are:

∙ Warning the PIC of any impending obstacles in the flight path of the sUAS.

∙ Warning the PIC of any deviations in the planned flight path of the sUAS.
∙ Warning the PIC should any unauthorized personnel appear in the area of the

planned flight.

The Observer will have the authority to order the PIC to terminate the flight should he or

she feel the flight cannot be conducted safely.

General Operating Standards

• FilmStrong Productions will only operate its sUAS in line of sight of a pilot and/or

observer and will operate at sites that are a sufficient distance from populated

areas.

• Such operations will insure that the sUAS will "not create a hazard to users of

the national airspace system or the public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the

control tower will be called to gain permission to operate the sUAS. The PIC will give

the position, altitude and the times the sUAS will be operated. The sUAS will not be

operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles

visibility and a 1000 foot ceiling.

• Flights will be terminated at 30% battery power reserve

• The sUAS will be programmed so that it will not be operated at an altitude of no

more than 400 feet AGL, and not more than 400 feet above an elevated platform

from which operations are planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 25 knots, can hover, and

can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which

they will operate, our sUAS operations adhere to the Reform Act's safety

requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than

larger aircraft running on combustible fuel. The sUAS operates at lower altitudes with

no people on board and will thereby reduce current risk levels, enhance safety and

diminish the likelihood of death or serious bodily injury.

Low level oblique photos and video from several angles are far more effective than

ground based imagery for displaying the characteristics of large, complex subjects. The

benefits of reduced cost and improved quality of production from the sUAS over manned

aircraft will be valuable to many potential customers and the local economy.

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an

airspeed of no more than 25 knots and no further than 1600 ft., or 0.263 NM from

the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able

to communicate by voice or radio at all times during a flight operation;
(d) Operations will be restricted to flights over private property only with the

expressed permission of the property owner;

(e) All required permits will be obtained from state and local government prior to

operation;

(f) FilmStrong Productions will not operate over densely populated areas;

(g) FilmStrong Productions will not operate over any open-air assembly of

people; (h) FilmStrong Productions LLC will not operate over heavily

trafficked roads;

(i) FilmStrong Productions will not operate at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

FilmStrong Productions requests an exemption from the following regulations as

well as any additional regulations that may technically apply to the operation of the

sUAS:

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and

61.133 Commercial pilot privileges and limitations

The regulation provides that no person that holds a Private Pilot certificate may act as pilot

in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot

to act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not

carry passengers or property for compensation or hire. Our proposed operations require

that the PIC must hold at least a Light Sport Pilot Certificate by the FAA current state issued

driver's license and since the aircraft cannot carry passengers or property, we feel we meet

the intent of 61.113 Subparagraph (b) even though the intent of this application is to

conduct a business.

14 CFR 91.7 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 CFR 91.9 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 in the aircraft. We assume that the intent of this 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 not be available to the crew during flight

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose

that a current, approved sUAS Flight Manual must be available to the crew at the ground

station anytime the aircraft is in, or preparing for, flight, and ready for presentation for any

governing official upon request.
14 CFR 91.119 Minimum safe altitudes

The regulation states that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of

the sUAS would be photography or survey of persons, vessels, vehicles or structures it

would be necessary to operate closer than 500 feet to the items listed. Operations will only

be flown over property or persons where permission has been obtained and careful

preplanned flight path has been performed. The aircraft will be operated at a low altitude

allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which

should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is

transmitted via radio from the sUAS on-board computer to the display screen held by the

PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an

energy reserve as a safety buffer for delays to landing. The aircraft will never fly more than

0.263 NM from the point of intended landing, a full battery charge at launch will ensure that

we meet the reserve energy requirement of this paragraph. We request an exemption to the

word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross

weight of 6.47 pounds, the sUAS is too small to carry documentation, does not have an

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of

safety and meet the intent of 91.203, we propose that documents deemed appropriate for

this aircraft by the FAA will be with the crew at the ground control station and available for

inspection upon request. In order to identify the aircraft, we propose that the information

found on airworthiness and registration certificates be permanently affixed to the aircraft

via placard containing the following information plus the word "EXPERIMENTAL" to satisfy

the requirement of 14 CFR 45.23.
14 CFR Subpart E (91.401­ 91.417)­ Maintenance, Preventive

Maintenance, Alterations

The regulation provides that the operator is primarily responsible 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 authorized

under 43.7" after maintenance and inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for

return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to

every flight and in addition conduct detailed inspections after every two hours of flight.

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller,

checking electrical connections and updating software and firmware for the on-board

computer. All other maintenance will be performed by the manufacturer or their designated

repair facility. The PIC will document work performed in accordance with 91.417. We feel

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an

equivalent level of safety.

Safety and Benefits of the UAS

FilmStrong Productions will be using the UAS in a variety of applications that generally

require expensive full-size manned aircraft to complete. Small, light, unmanned aerial

vehicles offer more efficient and safer benefits over the use of full-sized manned aircraft for

aerial photography, advanced agriculture monitoring, film and still photography, real estate

marketing, (see attachment 4), and water supply monitoring. Due to drought conditions in

Texas over the past few years, this would greatly supply safer, faster, and more efficient

information to our local officials who need this information about the lake levels and our

water supply.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small

UAS carrying no passengers or crew creates a much greater margin of safety for the pilots

and crew. By granting FilmStrong Productions requested exemptions, the FAA will help drive

development of safe and successful commercial UAS operations and will advance the public

knowledge base for such operations. FilmStrong Productions is committed to promoting the

UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing

data from its commercial UAS operations and serving as a resource for future UAS research

operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, the DJI Phantom 2 which our company would use, under

authorization by the US DOT-FAA, is a small, light-weight device operated within the line of

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5

miles from any airport, heliport, seaplane base, spaceport, or other location with aviation

activities, unless the air traffic control authorities (ATC) have been notified and have

authorized each flight within a radius of this distance.
The DJI Phantom 2 has been proven capable for controlled flight. It is a UAS offered for

general sale on the market around the world and have often been used as Model Aircraft in

the USA. FAA studies, about Section 332, Public Law 112-95, 2014, have already provided

necessary assurances of the airworthiness of the same or similar sUAS.

For the foregoing reasons, the exemptions requested herein should be granted and

FilmStrong Productions should be permitted to conduct small UAS operations in accordance

with its manuals and all other operating parameters deemed necessary and appropriate by

the FAA.

Signed,

Matthew J. Johnson

President

FilmStrong Productions matt@filmstrong.com