Sept 2 2 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Top Flight Cinematography for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Top Flight Cinematography (TFC) hereby applies for an exemption from the Federal Aviation Regulations ("FA Rs") identified below to allow commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting: aerial video and photo services for network and cable television companies, film production comp anies, advertising companies, for promotional purposes, commercial art, and stock footage. Specifically TFC will provide closed

- set filmmaking, on location cinematography

as well as photography, videography and other relate services

.

This petition for ex emption is made based on information outlined in this Petition for Exemption, as well as the accompanying TFC documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals (collectively 2 and 3 are referred to as " TFC ' Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (collectively 3 and 4 are referred to as "Manufacturer's Manuals").

TFC submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commerci al and/or proprietary

information that TFC has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release und er the Freedom of Information Act, 5 U.S.C. § 552 et.

seq.

For your convenience, this Petition is organized as follows:

1 . The term "Manufacturer's Manual" als o includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

Sept 2 2 , 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. C losed

- set filmmaking, on location cinematography as well as photography

, videography and other relate services

.

III. Relevant Statutory Authority

IV. TFC ’ s Proposed UAS Operations Meet the Requirements of Section 333 of

the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness St andards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C. F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Cert ification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Condit ions

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

Sept 2 2 , 2015 Page 3

I. DESCRIPTION OF PETITIONER

TFC is an aerial photo/videography service provider, based in Oklahoma, City . Timothy Josefy

and Joseph Guidry are co

- owners of the business. Timothy Josefy has been flying small UAV’s for more than two years, logging in over 100 hours of flight time. Timothy Josefy is also the Chief Pilot for the Company and is a FAA licensed Commercial Pilot (Airp lane Single/Multi

Engine) instrument rated with a current Class III medical certificate flying over 20 years and 1000 logged hours without incident or claim. Timothy Josefy has been working in the film and television industry for over 8 years as a camera o perator and director of photography. Joseph Guidry is the Chief Cinematographer for the Company has been flying small UAV's for more than two years, also logging in over 100 hours of flight time. Joseph Guidry has been working as a cinematographer and dir ector for over 20 years. The company employees a camera assistant and spotter/ field assistant, as well as the Chief Cinematographer and Pilot. TFC ’s services include offering aerial video and photo services for network and cable television companies, fil m production companies, advertising companies, for promotional purposes, commercial art, and stock footage. TFC ’ s staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any oth er needed on site

assistance

.

TFC ’ services include closed

- set filmmaking, on location cinema tography as well as photography, + videography and services for the services for the TFC and other related media products. All of the equipment owned by TFC is of t he highest quality gear and ha s been able to provide these services safely and without any claims or incident

. TFC ’ ’s goal is to advise the perspective client that TFC is following all the applicable state and federal rules to ensure the safety of the pub lic while providing the client with a competitive and cost effective product. TFC seeks an exemption to allow for closed

- set filmmaking, on location cinematography as well as photography, videography and services for the services for the TFC and other rela ted media products.

The contact information for Petitioner is as follows:

Timothy Josefy

3912 Cashion Pl. Oklahoma City, OK 73112 Tjjosefy@gmail.com

818

- 943

- 3839

II. DESCRIPTION OF PROPOSED OPERATION

TFC seeks an exemption pursuant to Section 333 of the Reform Act to operate the Yuneec Q500+; Yune ec Q500 4 K; Yuneec N920 Tornado ( all under 55lbs) also known as ( TF

UAS ) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private prope rty where TFC has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and TFC ' s Operations Manuals. As detailed in TFC ' s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") ofU.S Department of Transportation

Sept 2 2 , 2015 Page 4

the operator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point . Moreover, TFC ’ s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Closed

- set Filmmaking and Cinematograp hy

TFC seeks to use small TF

- UAS ’ s for the purpose of conducting scripted, closed

- set filmmaking cinematography for the film, television, music web industry as well as aerial photography for print media. TFC has purposefully tailored its operations to mee t the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the motion picture and television filmmaking industry, including :

 Astraeus Aerial (Exemption No. 11062)

 Aerial MOB, LLC (Exemption No. 11066)

 Picto rvision, Inc. (Exemption No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying

- Cam, LLC (Exemption No. 11080)

 Aerocine, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

All UAS filmmaking operations will occur on private property in a controlled area away from spectators and persons not involved in the film making process . In addition, the filming will be

conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the U AS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, TFC ’ s operations provide an equivalent level of safety that is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS filmmaking operations is also safer than traditional manned aircraft performing the same function. Conventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousand s of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS filming is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low cost . Small UASs willU.S Department of Transportation

Sept 2 2 , 2015 Page 5

also be capable of accessing and inspecting areas that would o therwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and Reform Ac t of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned airc raft systems to operate in the National Air Space ("NAS") where it is safe to do so

b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. TFC ’ s PROPOSED TF

- UAS OPERATIONS MEET THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT

The small TF

- UAS operations proposed by TFC as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory

criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The TF

- UAS ’s utilize d by TFC have been approv ed for use in prior Section 333

Grants of Exem

ption from the FAA. 2

 The TF

- UAS s weigh less than 55 pounds, including payload.

2 See e.g., Gra nt of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); G rant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).U.S Department of Transportation

Sept 2 2 , 2015 Page 6

 The TF

- UAS s will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation , digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The TF

- UAS s will have system redundancies and independent functionality to

ensure the overal l safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies u sed for operations and control of the TF

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the TF

- UAS is 2.4 GHz frequency bands.

If the same operation s were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the TF

UAS and a helicopter significantly reduces the potential harm to the participating and non

p articipating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth i n TFC ’ Operations Manuals

TFC ’ s Operations Manuals and the Manufacturer's Manual for the selected TF

- UAS s will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption . To assist the FAA in making a safety

assessment of TFC ’ proposed operations, below is a summary of operational limitations and

conditions that TFC will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The TF

- UAS s weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with

verifiable permission from the land owner/controller or authorized representative.

Pe rmission from land owner/controller or authorized representative will be obtained for each

scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 4 7, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.U.S Department of Transportation

Sept 2 2 , 2015 Page 7

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in

Command ("PIC") of the TF

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess at least a current Class III Medical Certificate and/or a valid and

current driver’s license issued within the United States

. The PIC will also meet t he 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. Timothy Josefy , Chief Pilot, has been flying small UAV’s for more than two years, logging in over 100 hours of flight time. Timothy Josefy is also a FAA licensed Commercial Pilot (Airplane Single/Multi

Engine) instrument rated flying over 20 years and 100 0 logged hours without

incident or claim.

6. The TF

- UAS s shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic me ssaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the TFC ’ s Operations Manuals. The Operations Manuals will be maintained and made

available to the Adminis trator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and TFC ’ s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, TFC shall follow the procedures outlined in their Operations Manuals.

10. TFC may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. TFC will also present an up dated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, TFC will seek an amendment to its Grant of Exemption. TFC wi ll contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the operating

documents.

11. TFC Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the TF

- UAS is operating.

12. The PIC is prohibited from beginning a TF

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.U.S Department of Transportation

Sept 2 2 , 2015 Page 8

13. Maximum total flight time for each operational flight using the TF

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other tha n the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator

mus t ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated ne ar vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present a n undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The TF

- UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally fr om a cloud or when visibility is less than 3 statute miles from the PIC.

17. The TF

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s managem ent is obtained, and the operation is conducted in accordance with a NOTAM as required by the TFC COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspec t the TF

- UAS s to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as we ll as equipment updates . The PIC shall not

operate any TF

- UAS s if the inspection reveals a condition that affects the safe operation of the TF

- UAS until the necessary maintenance has been performed and the

TF

- UAS is found to be in a condition for safe flig ht. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by TFC ’ s Operations Manuals.U.S Department of Transportation

Sept 2 2 , 2015 Page 9

19. TFC will timely carry out its maintenance, inspections , and record keeping

requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the TF

- UAS records, including total time in service, description of work accomplished, date completed and the signa ture of the authorized person returning the TF

- UAS to service.

20. Any TF

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functi onal test flight in accordance with TFC ’ Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and TF

- UAS record entry shall be included in the TFC ’ s Operations

Manuals.

21. The TF

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet wil l be created in accordance with the requirements on TFC ’ Operations Manuals.

23. TFC will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under

this Grant o f Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required pe rmissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the TF

- UAS loses communication with the PIC , it will have the capability to safely

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The TF

- UAS will have the capabilit y to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver ’ s license issued within the United States

. (Note: Timothy

Jose fy , chief pilot, is also a FAA licensed Commercial Pilot (Airplane Single/Multi

Engine) instrument rated flying over 20 years and 100 0 logged hours without incident or claim.)

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles andU.S Department of Transportation

Sept 2 2 , 2015 Page 10

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

pilot with a similar TF

- UAS type platform

. This requirement can be achieved by

fli ghts conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of TF

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") s hall not be conducted.

32. The TF

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc .).

33. TF

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The TF

- UAS will not be operated from an elevated platform or moving

device/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operati on and

control of the TF

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ TFC STED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest. 3

TFC seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using TF

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to th e rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to

S ections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that
provided by the rule from which you seek exemption

.U.S Department of Transportation

Sept 2 2 , 2015 Page 11

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Refor m Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded , and therefore no exemption is needed. 5 If, however, the FAA determ ines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

TFC ’ s use of the TF

- UAS s are safe when taking into account their size, weight, speed, a nd operational capability. As set forth in the description of proposed operations in Section IV(A),

the TF

- UAS s weigh less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The TF

- UAS s are also equipped with safety features which will allow Petitioner to operate the TF

- UAS safely after experienc ing certain in

- flight contingencies

or failures as noted below

. 6 7

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to LowCountryRC, Corp. (FAA

- 2014

- 0803 at pg. 3): " The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning

system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar o peration."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The F1

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The F1

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fl y zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the F1

- UAS to detect a system fault wh ile in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) co ntrolled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is

available to the operator."U.S Department of Transportation

Sept 2 2 , 2015 Page 12

Additionally, the TF

- UAS s carry neither pilots nor passengers, carry no explosive materials or

flamm able liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in TFC ’ Operations Manuals

.

Operations conducted under this exemption will be closely controlled and monitored b y the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. TFC will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. I n all cases, operation of the TF

UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the TF

- UAS s do not need a means

to communicate with other aircraft o r ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the TF

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the TF

- UAS s because they will be operated at all times in VFR

conditions and w ithin VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that TF C ’ s small TF

- UAS s would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart
H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

TFC seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil A ircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraf t, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high,

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

Sept 2 2 , 2015 Page 13

the words "limited," "restricted," "light

- sport, "experimental," or

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned that exemption from these requirements was warranted provided that the aircraft " have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All TF

- UAS s flown by TFC will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

TFC seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405( a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemptio n from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. ( Emphasis added)

Equivalent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by TFC ’ s Operations Manuals, the PIC will conduct a pre

- flight inspection of the TF

- UAS s and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially aff ecting safe operation of the TF

- UAS s and no flights will occur unless, and until, all flight critical components of the TF

- UAS s have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by TFC ’ s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the TF

- UAS aircraft records of the flight.

10 FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

Sept 2 2 , 2015 Page 14

TFC ’ s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including aile rons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, TFC ’ s Operations Manuals also include procedures to document and maintain a

record of the T F

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the TF

- UAS s used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in

TFC ’ s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

TFC seeks exemption from 14 CFR § 61.113, which restricts private pil ot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be oper ating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the TF

- UAS s will be operated as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Grant of Exemptio n to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. (Note: Timothy Josefy, chief pilot, is also a FAA licensed Commercial Pilot (Airplane Single/Multi

- Engine) instrument rated flying over 20 years and 1000 logged hours without incident or claim.)

Equivalent Level of Safety

The restrictions TFC has placed on its TF

- UAS operations meet or exce ed the restrictions similarly imposed on Astraeus Aerial. TFC will operate on private property away from persons and property not involved in the operation. TFC will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exem ption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In ad dition to these flight restrictions, TFC will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of TF

- UAS flight. As set forth in the Operations

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

Sept 2 2 , 2015 Page 15

Manuals, pilots will have experience not only in TF

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of TFC . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that TFC pilots are competent and proficient in

the TF

- UAS s they are operating. TFC ’ s training and qualification requirements are consistent

with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 9 1.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, TFC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has st ated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with Section V(A), s upra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airwor thiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chap ter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 9 1.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of t his section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

13 See Id. at 13

- 1 4, 22.U.S Department of Transportation

Sept 2 2 , 2015 Page 16

Given the small size and configuration of the TF

- UAS s, it would be impossible to keep

airworthin ess documents and other aircraft manuals on board the TF

- UAS because there is simply no room and the TF

- UAS has no cabin or cockpit. As a way to comply with the code

TFC will maintain the documents with the PIC and make them available for inspection.

Equ ivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmann ed aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

TFC seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on b oard the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safet y will be provided by following the TFC ’ s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the TFC ’ s Operations Manuals, including

che cklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiati on of flight. TFC ’ s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

TFC seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotel y piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

Sept 2 2 , 2015 Page 17

communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that TFC intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passe ngers are aboard the UAS, and as required by the TFC ’ s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the TFC ’ Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in TFC ’ Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided b y the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

TFC requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which air craft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required becaus e the proposed TF

- UAS s operations will normally need to occur

below 400 feet AGL. In circumstances where the TF

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the TF

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the TF

- UAS

.

Equivalent Level of Safety

Compared to fli ght operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist with convention al aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the

TF

- UAS s, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restr icted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

15 Relief from § 91.119(a) will not b e necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exem ption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

Sept 2 2 , 2015 Page 18

As set forth in the Operations Manuals, the TF

- UAS s will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the TF

- UAS and any possible debris r esulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the TF

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a ). Adherence to these restrictions in

TFC ’ s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

TFC seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the

UASs do not have a barometric al timeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AG L or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm a ccuracy of the onboard GPS. 18

The TF

- UAS s that TFC intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by TFC ’ s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compa ss prior to each flight operation. Like prior FAA Section 333

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or struct ures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure

that nonparticipatin g persons remain under such protection. If a situation arises where nonparticipa t ing persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When considering how to immediately cease operations, the prima ry concern is the safety of those nonparticipating persons. In add ition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when

the owner/controller of any such vessels, vehicles or structures grants pe rmission for the operation and the PIC makes

a safety assessment of the risk of operating closer to those objects and determines that it does not present an undue

hazard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be o p erated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

Sept 2 2 , 2015 Page 19

Grants of Exemption, the TF

- UAS s TFC intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater
level wil l be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

TFC requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight i n VFR

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming norma l cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be cond ucted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

TFC ’s intention to fly the TF

- UAS s at night.

Equivalent Level of Safety

In the Grant o f Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a TF

- UAS flight unless (considering wind and fore cast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the TF

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the TF

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the TF

- UAS should run low on power, the PIC will be alerted and can safely land the

- TF

- UAS as soon as possible. Like the VDOS Grant of Exemption, TFC ’ s use of

the TF

- UAS s , combined w ith the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. TFC will adhere to this limitation for its TF

- UAS flights.

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation

Sept 2 2 , 2015 Page 20

The TF

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continu ously transmitted to the PIC via telemetric data feed, which downlinks from

the TF

- UAS to a ground

- based

- on

- screen display. 20 As required by TFC ’ s Operations Manuals, the PIC will promptly fly the TF

- UAS back to the home launch location or pre

- det ermined a bort

location where it may safely land, while still maintaining a minimum of 25% reserve battery

power. TFC submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that p rovided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

TFC will have policies in place to ensure that no person may participate in TF

- UAS s flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting TFC ’ s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in th is Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutor ily required rulemaking.

The proposed TF

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was gra nted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting

and monitoring potential fil ming locations and relevant sites and facilities requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the individual is neither trained n or equipped to perform

, which exposes them to risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazar ds associated with identifying specific locations for potential recording sites to be used in film or TV production. The use of small UASs can eliminate these hazards and ultimately creating a much safer method of performing these types of inspections cre ating a safer environment for the public as well as

TFC employees.

The use of small UASs also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

20 The TFC

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orientation

relative to the UAS.U.S Department of Transportation

Sept 2 2 , 2015 Page 21

f ue l, the UASs carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, TFC ’ s small battery powered TF

- UAS s presents significantly less danger to persons on the ground when compared to operations by convent ional manned aircraft. 21 As

Petitioner's TF

- UAS s s are battery powered, the public will also benefit from a reduction in

harmful petroleum emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional economic tool for the aerial filming notwithstanding the industry, add ing a greater degree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the e nhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All TF

- UAS s operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized represen tative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REG ISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c);

91.103 ; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will w eigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the even t of an incident or acc i dent. risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18 ).U.S Department of Transportation

Sept 2 2 , 2015 Page 22

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city s tructures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional

fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

TFC ’ Petition for Exemption satisfies the criteria arti culated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed TF

- UAS operations will benefit the public as a whole by i mproving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the

FAA wit h more than adequate justification for granting the requested exemptions allowing TFC

to use small TF

- UAS s in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and sh ould be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments: 0. MPTOM Motion Picture and Television Operations Manual 1. General Operations Manual 2. PIC Operating Manual

3. Showcase Protocols

4. Location Protocols 5. Flight Communicati ons Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals