Northpass Media

519 Avenida Cesar E. Chavez

Kansas City, MO 64108

816­839­4800

October 14, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor,

Room w12­140

1200 New Jersey Avenue SE

Washington, DC 20590

To whom this may concern,

Please accept this letter as Northpass Media’s petition for exemption pursuant to

Section 333 of the FAA Modernization and Reform Act 2012 and 14 C.F.R. Part 11.

Northpass Media, operator of small Unmanned Aircraft Systems (sUAS) equipped to

perform aerial photography and videography, hereby applies for an exemption from the

listed Federal Aviation Regulations to allow commercial operations of its sUAS as long

as such operations are conducted within the conditions established and outlined by the

FAA as required by Section 333.1. The exemption requested would allow the operation

of unmanned sUAS under conditions in airspace that are limited, predetermined and

controlled.

Founded in 20013, Northpass Media is a video production company specializing in

videography and photography for corporate, industrial, automotive and broadcast

clients. CVM owner and sUAS pilot in command, Kurt Bangert has been a licensed

private pilot since 1993 with SEL, MEL, Instrument ratings, with over 4,200 total flying

hours, 15 hours UAS flight time, maintaining a current Class III medical certificate.

Northpass Media plans to utilize the capabilities of the sUAS for a number of services

including:

­ Aerial photography and videography for corporate, industrial and automotive

clients

­ Real estate photography

­ Event photography/videography for broadcast, commercial, and sports clients.
Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil

UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system

before completion of the (comprehensive) plan and rulemaking required by section

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section

332(b)(1), Congress made it clear that Section 333 provides a mechanism for

“expedited operation authorization” if several factors are met. Northpass Media meets

all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations from which the

exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215

14 C.F.R. (91.401 ­ 91.417)

The purpose of this petition for exemption is to enable Northpass Media to operate a

DJI Inspire 1 (model #T600) equipped with a three­axis camera gimbal and using a

High­Def camera. This sUAS has a built­in capability to limit the height it flies above the

ground, to limit the radius of the distance it flies from the operator. The Inspire 1 also

has the failsafe function of the autopilot system, which means when the communication

between the main controller and the transmitter is disconnected, the outputs of all

command sticks from controller will go to the center position. If the GPS signal is good

enough, the system will automatically trigger Return to Home and will land safely. The

DJI Inspire also has a second controller for camera control. The second controller

allows for a camera operator to control all camera functions while the pilot in command

flies the aircraft. Total aircraft weight is approximately 6.5 lbs. including the battery,

gimbal and camera.

Please refer to the included DJI Inspire 1 Instruction Manual for the performance

limitations and flight operations. (http://download.dji­
innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pd f ) A

pre­flight inspection will be performed by the pilot in command in accordance with the

factory instruction manual. An added step will be the inspection of the propellers. A

propeller will be replaced if it has any nicks and cracks with a manufacturers authorized

propeller.

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 C1 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 C1 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.

When operating our C1 transmitter, the pilot in command 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 pilot in command will maintain at least a Private Pilot Certificate and a current Class

III medical certificate, plus at least 2 hours flying time and 3 takeoffs and landings within

30 days in the type of UAS utilized in operations.

The pilot in command is responsible for the safe and efficient operation of the aircraft.

Specific duties include all preflight preparation, in flight operation, post flight

requirements, all procedures including but not limited to:

Safe in flight operations

Risk Mitigation to Persons and property Airfield Suitability

The observer must have the visual acuity to observe the sUAV and be able to

communicate clearly with the pilot in command. The observer’s duties include: Warning
the pilot of any impending obstacles in the flight path of the sUAS. Warning the pilot of

any deviations in the planned flight path of the sUAS. Warning the pilot should any

unauthorized personnel appear in the area of the planned flight. The observer will have

the authority to order the pilot to terminate the flight should he feel the flight cannot be

conducted safely.

General Operating Standards

• Northpass Media 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 sUAV 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 sUAV will be operated. The sUAS will not be

operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility

and a 1000­foot ceiling.

Before an operation of a sUAS within 5NM of a non­tower controlled, airport operators

will be notified and the pilot in command will give the right of way to avoid flying in the

proximity of aircraft. At no time will the sUAV be operated within the final approach

course and the departure path of any runway. The sUAV will not be operated at an

altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a

1000­foot ceiling.

• Maximum flight time for each operational flight will be 15 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the

15 minute flight limit.

• The sUAV will be programmed so that it will not 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.

• Minimum crew for each operation will consist of the sUAS pilot, visual observer, and

camera operator.

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

payload (i.e. camera, lens, and gimbals).
• The sUAV 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 sUAV and the restricted sterile environment within which

they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

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

aircraft running on combustible fuel, it operates at lower altitudes with no people on

board and will thereby reduce current risk levels and thereby enhance safety and

diminish the likelihood of death or serious bodily injury. With a small payload and

maximum flight time of only 20 minutes, this is offers little or no risk to national security.

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

ground based imagery for displaying the characteristics of large, complex properties

with several buildings and large trees. The applicants in the past have chartered 2­ seat

full­sized helicopters for this purpose, which has proven more costly than many potential

clients have been able to afford. The use of a UAV improves safety by eliminating the

need for a full size aircraft, pilot and crew to operate in close proximity to property and

persons.

(a) No flight will be made with a Gross weight exceeding 30 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 30 knots and no further than 3/4 NM from the PIC;

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

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the

property owner;

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

operation;

(f) Northpass Media’s UAV will not be operated over densely populated areas;

(g) Northpass Media’s UAV will not be operating over any open­air assembly of people;

(h) Northpass Media’s UAV will not be operating over heavily trafficked roads;

(i) Northpass Media’s UAV will not be operating at night.
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Northpass Media requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for Unmanned

Aerial Systems, we request an experimental certificate be issued for the DJI Inspire 1

under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes: (a) Research and development. Testing new aircraft design concepts, new

aircraft equipment, new aircraft installations, new aircraft operating techniques, or new

uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show compliance

for issuance of type and supplemental type certificates, flights to substantiate major

design changes, and flights to show compliance with the function and reliability

requirements of the regulations. Since the experimental certificate can be used for

commercial purposes such as market surveys, sales demonstrations, and customer

crew training, we would expect that an experimental certificate would permit our

commercial purpose as well. The aircraft will not carry persons or property, will not carry

fuel, and will only fly under strict operational requirements. Combined with the UA's light

weight, being constructed primarily of carbon fiber and plastic, we propose that the UA

will be at least as safe, if not safer, than a conventionally certificated aircraft performing

the same mission. If an experimental airworthiness certificate is not appropriate for this

application, then we request an exemption of 14 CFR Part 21, Subpart H, and the

requirement for an airworthiness certificate in general, citing the equivalent level of

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to

the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the

word "EXPERIMENTAL" can be placed, and may not have a registration number
assigned to it by the FAA. We propose to achieve an equivalent level of safety by

including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown

above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity

of the aircraft while it is preparing for launch will be able to see the designation.

Additionally, we feel that the permanent placard discussed in the previous paragraph

will provide the aircraft's registration information at the ground station. Finally, we will

display at the ground station a high contrast flag or banner that contains the words

"Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft

will operate within 3/4 NM of the ground station, the banner should be visible to anyone

that observes the aircraft and chooses to investigate its point of origin.

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 Private Pilot Certificate

with a Class III Medical issued by the FAA 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.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests
The regulation states that "No person may operate a civil aircraft that is being used for

flight instruction unless that aircraft has fully functioning dual controls." Training will be

conducted at a local Radio Control Club flying field. Northpass Media has the ability to

provide "dual controls" utilizing two C1 transmitters with a wireless link between the

transmitters. One transmitter is designated the master transmitter and the other

transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter,

will be at all times be able assume control of the sUAV.

91.119 Minimum safe altitudes:

General. 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.

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 on­board 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 sUAV is battery operated

and the maximum duration of flight from a single battery charge is 12 minutes with a

20% reserve. Since the aircraft will never fly more than 3/4 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 5.3 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 on­board 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

Northpass Media will be using the UAS in a variety of applications that generally require

expensive full­size manned aircraft to complete. Small, light, unmanned aerial vehicles

offer myriad benefits over the use of full­sized manned aircraft for electric power line

inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,

just to name a few. 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, crew, and persons and property on the ground. By

granting Northpass Media 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. Northpass Media 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 sSUA which our company would use, under

authorization by the US DOT­FAA, are small, light­weight devices operated within the

line of sight of the pilot in command, 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.

Our sSUA has proven capability for controlled flight. It is a device offered for general

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

USA. We are certain that the studies conducted until now by the FAA, about Section

332, Public Law 112­95, 2014, have already provided you with the assurances on the

airworthiness of SUAs such as ours.

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

Northpass Media 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. The submission of this application and its contents is the best

demonstration that indeed it is possible to pursue the authorization process so that

some SUAs may be used for legitimate commercial activities and under reasonably safe

conditions.

Thank you for your consideration.

Kurt Bangert,

Northpass Media, LLC.