December 1, 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: CONVOLUTION FILMS CREATIVE REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS
61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Daniel Bagbey President Convolution Films Creative 7603 Cornwall Rd Richmond, VA 23229 804-314-1500 dbagbey@gmail.com

1TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS .......................................................................3

LIST OF INTENDED UAS’s................................................................................3

SUMMARY....................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER...............................................4

BASIS FOR PETITION......................................................................................5

NAME AND ADDRESS OF PETITIONER...............................................................6

THE EXTENT OF RELIEF AND THE REASONING...................................................6
HOW THE REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE .........................8

PRIVACY.......................................................................................................8

OPERATING PARAMETERS...............................................................................9

SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER.................................10

CONCLUSION................................................................................................ 10

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### GLOSSARY OF ABBREVIATIONS
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation FSO Flight Safety Officer 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) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing



### LIST OF INTENDED UAS’s

DJI Phantom 3 Standard with 2.7K Camera and 3-Axis Gimbal
DJI Inspire 1 Quadcopter with 4K Camera and 3-Axis Gimbal
DJI Inspire 1 Quadcopter with Zemuse X5 4K Camera and 3-Axis Gimbal

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### SUMMARY

Convolution Films Creative seeks exemption from the requirements of
14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),

to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Convolution Films Creative to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography, including imaging of construction sites, residential and commercial real estate, civil landscapes and events at secured and controlled sites within the conditions outlined by the FAA as required by Section 333.



### INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam,
Since 2011, Convolution Films Creative has provided their clients (which include private sector businesses, public universities and private colleges, independent artists, and music venues) with video production services and targeted digital marketing strategies.
Convolution Films Creative has a perfect client and employee safety record. The objective of Convolution Films Creative and our Unmanned Aircraft System operations is to provide an affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting
• Special event coverage • Construction site documentation • Architectural modeling • Marketing and film production

• Economic development
The members of my staff that would comprise the flight team have safely flown small RC electric quadcopters recreationally for approximately 1 year without incident. These staff would also undergo further flight safety training before operating on a Convolution Films Creative flight crew.

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### BASIS FOR PETITION Petitioner, Convolution Films Creative , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate UAS’s in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Convolution Films Creative operation of UAS’s meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Accordingly, Convolution Films Creative requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Convolution Films Creative submits that the requested relief is proper since an equivalent level of safety will be ensured. Convolution Films Creative will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and UAS Instruction Manual). Furthermore, Convolution Films Creative will document and maintain all maintenance records for the UAS.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Convolution Films Creative to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Convolution Films Creative seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Convolution Films Creative submits that they will ensure that the UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and UAS Instruction Manual), and that the aircraft are in a condition for safe flight.

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### Name and Address of the Petitioner. The name and address of the Petitioner and point of contact is:
Daniel Bagbey President Convolution Films Creative 7603 Cornwall Rd Richmond, VA 23229 8043141500 dbagbey@gmail.com



### The Extent Of Relief And The Reasoning
**1. Extent Of Relief Convolution Films Creative Seeks And The Reason Convolution Films**  **Creative Seeks Relief From Section 61.113(a) And (b).**
Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC 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.
As set forth more fully below, Convolution Films Creative submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Convolution Films Creative submits that all flights of the UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Convolution Films Creative business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief Convolution Films Creative Seeks And The Reason Convolution Films Creative Seeks Relief From Section 91.7(a).** 
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Convolution Films Creative to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the

6operating documents (i.e., Convolution Films Creative Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).
Convolution Films Creative seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Convolution Films Creative will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief Convolution Films Creative Seeks And The Reason Convolution Films Creative Seeks Relief From Section 91.121.** 
Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Convolution Films Creative seeks the requested relief because the UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

**4. Extent Of Relief Convolution Films Creative Seeks And The Reason Convolution Films Creative Seeks Relief From Section 91.151(b).** 
Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Convolution Films Creative seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the UAS will severely constrain the practicality of any aerial video or still photo flight operations that Convolution Films Creative proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the UAS, the operating documents, and Convolution Films Creative’s proposed operating limitations, ensure that Convolution Films Creative will safely operate the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.

7**5. Extent Of Relief Convolution Films Creative Seeks And The Reason Convolution Films Creative**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 
Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Convolution Films Creative requests relief from these Sections because the UAS do not require airworthiness certificates. As set forth more fully below, the UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Convolution Films Creative will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Convolution Films Creative Aerial Operations Manual, Monthly Maintenance Log, and UAS Instruction Manual). Furthermore, Convolution Films Creative will document and maintain all maintenance records for the UAS.



### How The Request Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Convolution Films Creative to safely, efficiently, and economically perform aerial video and photography of events, construction sites, and real estate over certain areas of the United States. The use of UAS’s will provide significant benefits to the economy and spur innovation and new advancements within the infrastructure and production industries alike. Notably, the benefits of Convolution Films Creative’s proposed operation of the UAS will be realized without implicating any privacy issues.



### Privacy All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

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### OPERATING PARAMETERS

Convolution Films Creative will adhere to the following operating parameters when operating UAS pursuant to a grant of the requested exemption:

1. The UAS will not be operated at a speed exceeding 87 knots (1 00 miles per hour), at an altitude greater than 400 feet above ground level, or, when visibility is less than 3 statute miles. All operations will be conducted during the day under visual meteorological conditions. 2. All operations will be conducted in accordance with an Authorization (“COA''). 3. All operations will use a pilot-in-command (“PIC”), a visual observer ("VO"), and a Flight Safety Officer (“FSO”), and the UAS will remain within the visual line of sight of the PIC or the VO at all times. The PIC will maintain VLOS capability and the ability to communicate verbally with the VO at all times. 4. The PIC will hold an airline transport, commercial, private, recreational, or sport pilot certificate, as well as an FAA airman medical certificate or a valid U.S. driver's license. The PIC will meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 5. Convolution Films Creative will ensure prior to operation that the PIC has demonstrated the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a mann er consistent with 14 C.F.R. § 61.51(b). 6. Convolution Films Creative’s operating documents will be accessible during UAS operations and made available to the Administrator upon request.
7. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the U AS is found to be in a condition for safe flight. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this exemption. 9. Convolution Films Creative will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements, as well as safety bulletins, for the aircraft and aircraft components. 10. The PIC will land the aircraft in the event of unpredicted obstacles or emergencies, and will yield to all manned aviation activities. 11. Convolution Films Creative will register and mark its UAS in accordance with 14 C.P.R. parts 47 and 45.

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### SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER Should the FAA determine that publication in the Federal Register is required, Convolution Films Creative offers the following summary pursuant to section 11.81 of the FAA's rules:

Petitioner : Convolution Films Creative
Sections of 14 C. FR. Affected : 14 C.F.R. §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),
Description of Relief Sought : Petitioner seeks relief from the requirements of 14 C.F.R. §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate unmanned aerial systems for the commercial purpose of conducting aerial video and photography, including imaging of construction sites, residential and commercial real estate, and special events.



### CONCLUSION As demonstrated above, the UAS operations Convolution Films Creative has proposed in this petition for exemption will garner significant public benefits while presenting minimal safety risks. Convolution Films Creative’s petition satisfies the criteria provided in Section 333 of the Reform Act of 2012, including size, weight, speed, operating capabilities, proximity to airports, populated areas, operation within visual line of sight and national security, and is substantially similar to previous petitions the FAA has granted, meriting a summary grant of exemption. Convolution Films Creative respectfully requests that the FAA grant this petition to enhance Convolution Films Creative’s ability to provide it’s clients greater value and expand the capabilities of the industry.
Thank you for your time and consideration. Please do not hesitate to contact the petitioner with any concerns about this document. dbagbey@gmail.com or (804) 314 - 1500.

Sincerely,

Daniel Bagbey Convolution Films Creative

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