October 23, 2014

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE., Washington, DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b)

**.** Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Build Imagery LLC an operator of Unmanned Aircraft Sy stems (“UASs”) for aerial photography for Architectural Engineering and Construction industry

a s well as the motion picture and television industry , hereb y applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs. On or about September 25, 2014, the FAA granted exemptions to six UAS operators, including Astraeus Aerial (the “Astraeus Exemption”). As set forth in Build Imagery LLC's Flight Operations and Procedures Manual (the “FOPM”) and Motion Picture Television Operations Manual (both submitted under separatel y under 14 CFR 11.35(b)), Build Imagery

L LC will adhere to the terms of the Astraeus Exemption.
Low

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

- based imagery

for display ing the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- si zed helicopters for this purpose, which has proven more costly than many

potential clients have been able to afford. The benefits of reduced cost, reduced noise interference and improved quality

of presentation from the UA will be valuable to and benefit m an y construction professionals as well as community leaders, in the development of project site characteristics. The site construction based photograph y occurs in restricted or other areas where access to the public is strictly limited and controlled. Unde r virtually all circumstances, all of the only propert y or structures near the construction sites are owned and operated b y the same entity. As a result, the operation has no substantial impact on any third persons not involved in the actual site project
B uild Imagery

L LC 's requested exemption would permit the operation of small, unmanned UAS under controlled and “sterile” conditions in and on Construction Site Projects and in motion picture and television airspace that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater safety in connection with aircraft operations in the film and television industry and or Construction Site Projects . As established by the exemptions already

granted by

the FAA, approval of Build Im agery

L LC exemption would enhance safety and fulfill the Secretary

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements 

### Build	Imagery	LLC 11870 Santa Monica Blvd West L os Angeles, CA 90025for the safe operation of such aircraft sy stems in the national airspace s ys tem.” Section

333 (c) of the Reform Act. The name and address of the applicant is: Build Imagery

L LC Attn: Daniel Ursitti .; Ph: 310

- 467

- 6006 Email: Dursitti@BuildImagery .com Address: 11870 Santa Monica Blvd, Suite 106

- 433 , West Los Angeles, CA 90025 Regulations from which the exemption is requested: 14 CFR 61.113(a) and (b) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b) UASs operated b y Build Imagery LLC weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move verticall y and horizontally

. Build Imagery LLC will only operate its UASs in line of sight and will operate onl y within the sterile area described in the FOPM. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system or the public.” Given the small size of Build Imagery LLC's UASs and the restricted sterile environme nt within which they

will operate, Build Imagery LLC's UAS operations adhere to the Reform Act’s safet y requirements. Additionally , due to the size of the UASs and the limited areas in which they will operate, approval of this application presents no natio nal securit y issues. Based on the substantial level of safet y surrounding the proposed operations, and the significant public benefit (enhanced safet y), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingl y, Build Imagery L LC 's respectfully requests that the FAA grant the requested exemption without delay

. **Aircraft And Equivalent Level Of Safety** The operating limitations proposed b y Build Imagery LLC provide for at least an equivalent or higher level of safet y because operations further enhance safety of movie and television filming using conventional aircraft. As set forth in the FOPM, the limitations and conditions include:
1. The UASs will weigh les s than 55 pounds 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the Camera Operator. 6. A UAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class medical. 7. A UAS Pilot will be Pilot in Command (PI C). If a pilot certificate holder other than the UAS Pilot, who possesses the necessary P IC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PI C. 8. The UAS will only

operate within a confined “Sterile Area” as defined in the FOPM. The FOPM requires the establishment of a “Securit y Perime ter” for the flight operations area. 9. A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel performing duties within the boundaries of the safet y perimeter are required to attend. 10. The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office (”FSDO”). 11. The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons wil l be allowed within 100 feet of the flight operation. This radius may be reduced to 30 feet based upon an equivalent level of safet y determination, as required under the FOPM. With the advanced permission of the FSDO, operations at closer range can be appr oved. 12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed shoot as required in the FOPM. 13. The Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated as required by the FOPM. 14. The Observer and pilot will at all times be able to communicate b y voice and/or text. 15. Written and/or oral permission from the relevant propert y holders will be obtained. 16. All required permissions and permits will be obtain ed from territorial, state, county , or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 17. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre

- deter

mined location within the Security Perimeter and land. 18. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot **Privileges and Limitations:** Pilot in Command Sections 6 1.113 (a) and (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by

a ground

- based operator. The operational area is controlled andrestricted, and all fl ights are planned and coordinated in advance. The level of safet y

exceeds that provided b y a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PI C exceeds the present level of safety sought b y 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safet y will be provided. The PI C will take all ac tions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight. 14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operatio n of civil aircraft. Section 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: ..... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or structure.” Because Build Imagery

LLC requests authorit y to operate at altitudes only up to 400 AGL, and not more than 200 above an elevated platform from which filming is planned, an exemption is needed to allow such operations. Except for the limited conditions stated in the FOPM, the UAS will never operate higher than 400 AGL. It will, h owever, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safet y will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of propert y owners or local officials. Because of the advance notice to the propert y owners and participants in the filming activity , all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, an y risk associated with the proposed UAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between a UAS and conventional aircraft. 14 C.F.R. §91.121 Altimeter Settings Section 91.121 requires each person operating an aircraft to maintain cruising altitude b y reference t o an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent l evel of safet y will be achieved b y the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitudeindicator 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 “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing, and, assuming normal cruisi ng speed

– (1) During the day , to fl y after that for at least 30 minutes . . . .” The battery

powering the Build Imagery L LC UASs provides approximately 18 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore , operating the UASs in a tightly controlled area where onl y people, propert y owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not engender the t ype of risk that §91.151(a) was intended to address. Build Imagery

L LC believes that safet y can be achieved b y limiting flights to 10 minutes or 25% of battery

power, whichever occurs first. This restriction would be more than adequate to return the UAS to its pre

- determined landing zone from an y where in its limited operating area. Build Imagery

L LC is not seeking an exemption for nighttime UAS operations. 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 o wner shall “have that 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...,” and othe rs shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to Build Imagery

operations. Maintenance will be accomplishe d by

the operator. An equivalent level of safet y will be achieved because the UASs are limited in size, will carry a small pay load and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately an d will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the UAS is in working order prior to flight, perform any required maintenance, and keep a log of an y m aintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition. **Summary for Publication** Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:Build Imagery L LC seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commerciall y a small unmanned vehicle (55 pounds or less) in motion picture and television operations. As established b y the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in the film industry will enhance safet y b y reducing risk. Conventional fi lm operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fl y t o and from the film location. I n contra st, a UAS weighing fewer than 55 pounds and powered b y b atteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, to a film set. I n this regard, the UAS carries no passengers or cre w and, therefore, will not expose them to the risks associated with manned flights. The operation of UASs conducted in the strict conditions outlined in the FOPM will provide an equivalent level of safety supporting the grant of the exemption requested her ein. The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional operations conducted with turbine helicopters carry

ing fuel and fl yi ng near the ground and people. **Privacy** All flight s will occur over private or controlled access areas with the property owner’s prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place. Satisfaction o f the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national securit y) provide more than adequate justificati on to grant Build I magery LLC's requested exemption, allowing for Build Imagery LLC's UAS commercial operations for the construction industry , motion picture and television industry

pursuant to the FOPM included herewith.
If you have an y questions or need an y additional information, please contact the undersigned at 310

- 467

- 6006 or at Dursitti@Buildimagery .com.

Sincerel y yours, Daniel Ursitti Executive Producer Build I magery , LLC