Modus Collective, LLC 2109 Singletree Ave Austin, Texas 78727

October 6, 2015

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

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Modus Collective, LLC (“Modus Collective”), res pectfully requests an exemption from the Federal Aviation Administration (“FAA”) Regulations to permit commercial aerial photography, cinematography, videography, and other flight oper ations using its small unmanned aircraft systems (“sUAS”), provided that the proposed sUAS operations comply with the conditions outlined below or as established by the Federal Aviation Administration (“FAA”)

under Section 333.

The name and address of the applicant is:

Modus Collective, LLC c/o Luke Hegeman 2109 Singletree Ave Austin, Texas, 78727 (512) 970‐2437 luke@moco.is

Modus Collective makes this request under the “summary grant” p rocess that the FAA announced in April 2015. 1 This request is similar in all material respects to a number of recent

1 1 See FAA Summary Grants Speed U AS Exemptions, available at https://www.faa.gov/news/updates/?newsId=82485

.grants of exemption, including Grant of Exemption No. 11488 to Advanced Aerial Cinematography, LLC (FAA Docket No. 2014‐0090). 2

Modus Collective seeks authority to use the DJI S900 and DJI In spire 1, both of which have been previously approved by the FAA in past grants of exemptions 3 to conduct videography, cinematography, and inspection to limit operations to less than 60 miles per hour and away from airports.  This exemption petition is also accompanied by relev ant User Guides that will depict all contingencies.

Regulations from which the exemption is requested:

14 C.F.R. 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

All sUAS Pilots in Command (“PICs ”) acting as an employee or ag ent of Modus Collective for its sUAS operations will have at least a valid driver’s license wit h additional experience in unmanned aircraft operations. The team composition will consist of a min imum of one pilot and one Visual Observer (“VO”) during all operations, giving redundancy to the human element as well. Pilots will be well trained in areas of both normal and abnormal opera tions equipped with checklists and operations and maintenance manuals to be able to contend wi th any scenario.

2 The use limitations and argumen ts in this application are near ly identical to those contained in Advanced Aerial Cinematography’s November 24, 2014 application and the FAA’s Ma y 5, 2015 approval of that application.

3 See Exemption No. 12034 to David Senechal (DJI S900); Exemptio n No. 12901 to Cox Media Group, LLC (DJI Inspire 1).The proposed sUAS operation will be conducted safely to minimiz e risk to the national airspace system (“NAS”) or to persons and property on the ground.  Modus Collective proposes that the exemption apply to civil aircraft that operate within the limit ations listed below. These limitations were established in the FAA’s grant of Advanced Aer ial Cinematography’s request for an exemption:

1. The sUAS will weigh less than 55 pounds, including payload. Pro posed operations of any other aircraft will require a new petition or a petition to ame nd this exemption.

2. The sUAS may not be operated a t a speed exceeding 87 knots (100 miles per hour). Modus Collective may use either groundspeed or calibrated airsp eed to determine compliance with the 87 knot speed restriction. In no case will the sUAS be operated at airspeeds greater than the maximum sUAS operating airspeed reco mmended by the
aircraft manufacturer.

3. Operations for the purpose of cl osed‐set motion picture and tel evision filming are permitted

4. The sUAS will be operated within visual line of sight (VLOS) of the Pilot in Charge (PIC) at all times.  This requires the PIC to be able to use human visio n unaided by any device other than corrective lenses, as specified on the PIC’s U.S. dr iver’s license.

5. Maximum total flight time for each operational flight will be 2 0 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

6. Flights will be operated at an altitude of no more than 400 fee t above ground level (AGL). Altitude will be reported in feet AGL.

7. sUAS Pilot will be Pilot in Command (PIC). Modus Collective wil l maintain flight logs of all PICs it employs, and provide full transparency to the FAA regar ding the logs and records
of these PICs.

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

9. All operations will utilize a visual observer (VO).  The sUAS w ill be operated within the VLOS of the PIC and VO at all times.  The VO may be used to sat isfy the VLOS requirement as long as the PIC always main tains the VLOS capability.  The V O and PIC will be able tocommunicate verbally at all times; electronic messaging or text ing will not be permitted during flight operations.  The PIC will be designated before th e flight and cannot transfer his or her designation for the duration of the flight.  The PIC will ensure that the VO can perform the duties required of the VO.

10. Flights will be operated at a lat eral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associa ted with the operation or who have not signed a waiver in advance of the operation.

11. A briefing will be conducted in regard to the planned sUAS oper ations prior to each day’s production activities. It will be mandatory that all pers onnel involved with the operational duties of the flight within the boundaries of the s afety perimeter be present for this briefing.

12. Any sUAS that has undergone maintenance or alterations that aff ect the sUAS operation or flight characteristics, e.g., replacement of a flight critic al component, must undergo a functional test flight prior to conducting further operations u nder this exemption. Functional test flights may only be conducted by a PIC with a V O and must remain at least 500 feet from other people.  The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and propert y.

13. Prior to each flight, the PIC will conduct a pre‐flight inspect ion and determine the sUAS is in a condition for safe flight.  The pre‐flight inspection will account for all potential discrepancies, e.g., inoperable components, items, or equipment .  If the inspection reveals a condition that affects the safe operation of the sUAS , the aircraft will be prohibited form operating until the necessary maintenance has b een performed and the sUAS is found to be in a condition for safe flight.

14. Modus Collective will follow the sUAS manufacturer’s maintenanc e, overhaul, replacement, inspection, and life limit requirements for the ai rcraft and aircraft
components.

15. In the Grant of Exemption in F AA Docket No. FAA‐2014‐0352, the FAA determined that the unique characteristics of sUAS operation outside of control led airspace did not warrant the additional cost and restrictions attendant with req uiring the PIC to have a commercial pilot certificate and class II medical certificate. In this case, while the sUAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.  Instead of having a second or third class medical certi ficate, we suggest that thePIC exercise the privileges similar to that of a sport pilot, r equiring only a valid US driver’s
license.

16. Each sUAS operated under this ex emption will comply with all ma nufacturer safety
bulletins.

17. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the relevant FSDO, operations a t closer range can be approved.

18. PIC and Visual Observer will have been trained in the operation of the specific sUAS equipment used by Modus Collective, and received up‐to‐date inf ormation on the particular sUAS to be operated.

19. Visual Observer and PIC will at all times be able to communicat e by voice, radio, and/or

text.

20. The sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Director (AFD) or f or airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA‐published aeronautical chart, unless a letter of agreement with that airp ort’s management is obtained or otherwise permitted by a COA issued to the exemptio n holder.  The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

21. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N‐ Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

22. The sUAS will not be operated le ss than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 sta tute miles from the PIC.

23. The sUAS will not be operated by the PIC from any moving device or vehicle.

24. Written and/or oral permission from the relevant property holde rs or propertyrepresentatives will be obtained.

25. All required permissions and perm its will be obtained from terr itorial, state, county or city jurisdictions, including local law enforcement, fire, or o ther appropriate governmental agencies.

26. If the sUAS loses communication w ith the PIC or loses its GPS s ignal, the sUAS will have the capability to return to a pre‐determined location with in the Security Perimeter and land autonomously.

27. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

28. Flight operations may be conducted closer than 500 feet from pa rticipating persons consenting to be involved and necessary for the filming product ion, as specified in the exemption holder’s MPTOM.

Unless otherwise specified, the sUAS operations will comply wit h all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

Federal Register Notice

Pursuant to 14 C.F.R. Part 11, the following summary is provide d for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R . § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b ); 91.7 (a); 91.9 (b)(2); 91.10 3 (b); 91.109; 91.119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.40 9 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs or less) in motion picture, television, and commercial videography operations.

The Exemption is in the Public Interest

As demonstrated above, the proposed sUAS operations would minim ize the risk of harm to individual safety or damage to the NAS and property.  The opera tions proposed by Modus Collective would provide tremendous public benefits by enabling Modus Collective to provide a service that is safer and more cost efficient than using helico pters or other aircraft to capture the desired footage and/or data.The conditions outlined in this petition clearly satisfy Sectio n 333’s exemption criteria regarding “size, weight, speed, operational capability, proximity to airp orts and populated areas, and operation within visual line of sight,” and therefore the propo sed operations would not “create a hazard to users of the national airspace system or the public o r pose a threat to national security.” As discussed above, Modus Collective agrees to use l imitations that are substantially identical to those contained in the FAA’s recent grant of exemp tion for Advanced Aerial Cinematography.  Accordingly, the proposed sUAS operations of M odus Collective should not raise safety or national security concerns, and should receive summary approval.

Respectfully submitted,

Luke Hegeman
Founder
Modus Collective

DJI S900 and DJI Inspire 1 User M anuals are incorporated by ref erence and are available at:

http://download.dji‐innovations.com/downloads/s900/en/S900_User _Manual_v1.2_en.pdf

http://download.dji‐ innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1 .4_en.pdf