1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

VIDEOLYZERS INC and MICHAEL REID

FOR AN EXEMPTION SEEKING RELI EF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF FREEFLY CINESTAR 8, FREEFL Y ALTA

, AND DJI INSPIRE 1 UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on September 30 th, 2015

VIDEOLYZERS INC and
MICHAEL REID 27 Castle Harbour Drive

Port Perr y, Ontario, Canada

647

- 262

- 8987 Mikegwreid@gmail.com23 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................................................................................... 3

SUMMARY

............................................................................................................. 4

INTRODUCTION AND INTERESTS OF PETITIONER

...................................................... ..................................................... 4

BACKGROUND

....................................................................................................... 4

BASIS FOR PETITION

................................................................................................................ 5

NAME AND ADDRESS OF PETITION...... .......................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH VIDEOLYZERS I NC AND MICHAEL REID SEEKS EXEMPTION.............................................................

...................... 6

THE EXTENT OF RELIEF VIDEOLYZERS INC AND MICHAEL REID SEEKS AND
THE REASON VIDEOLYZERS INC AND MICHAEL REID S EEKS THE
RELIEF...........................................10

THE REASONS WHY GRANTING VIDEOLYZERS INC AND MICHAEL REID ’S REQUEST WOULD BE IN THE PUBLIC INTEREST ................................................................ ..12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

........................................................................... 23

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.............. 29

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT VIDEOLYZERS INC AND MICHAEL REID REQUEST.................................29

CONCLUSION ......................................................................................29

APPENDICES... ....................................................................................314 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Ob server

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing5 SUMMARY

VIDEOLYZERS INC AND MICHAEL REID seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernizat ion and Reform Act of 2012 (FMRA). This exemption will permit VIDEOLYZERS INC

AND MICHAEL REID to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for documentary

and television filming purpose s.

Regulations from which the exemption is requested : 14 CFR 61.113 (a) and (b)

14 C.F.R 91.103

14 C.F.R. 91.119

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

14 CFR 91.715

UASs operated by Videolyzers weigh less than 55 pounds, including all payload. The operate at speeds of less than 50 knots, can hover, and can simultaneously move in multiple directions. Shy Shots will only operate its UASs in li ne of sight and will operate only within the sterile environment described in the FOPM. Such operations will insure that the UAS will not create a hazard to users of the NAS or public.

Given the small size of our UASs and the restricted area that they wil l be operated, Sky shot’s UAS operations adhere to the Reform Act’s safety requirements.

Additionally, due to the size of the UASs and the limited area in which they will operate, approval of this application presents no national safety concerns. Based o n the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety). Reduction in environmental impacts in the outdoor setting these UASs will operate leaving no trace of activity behind, the grant of the requested exemption is in the public interest. Accordingly, Sky Shots respectfully requests that the FAA grant the requested exemption.

INTRODUCTION AND INTERESTS OF THE PETITIONER

MICHAEL REID is a documentary filmmaker who has 8 years of experien ce in film and television, and 3 years of experience in building, flying, and maintaining UAV’s for

aerial f ilming. MICHAEL REID has over 4 00 of hours flying experience, and over 36 years recreational/hobby experience operating Unmanned Aircraft Systems (U AS). The objective of MICHAEL REID and his aerial operations is to provide high quality imaging for a variety of commercial doumentary and television uses.

BACKGROUND

Unmanned Aircraft Systems: Freefly Cinestar 8, Freefly Alta , DJI Inspire 1 UASs

VI DEOLYZERS INC AND MICHAEL REID seeks an exemption to operate DJI and Freefly systems UAV’S for compensation or hire within the NAS. The Freefly Cinestar 8, Alta, and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The Freefly Cinestar 8 has a maximum gross weight of approximately 40 pounds, while having a length of 40 inches width of 40 inches, height of 15 inches, and a maximum speed of appr oximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The Fr eefly Cinestar 8, Freefly Alta are equipped with 8 rotors, and DJI Inspire 1 is equipped with four rotors; driven by Lithium Polymer battery powered electric motors.

The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs that will be operated by
VIDEOLYZERS INC AND MICHAEL REID will be regist ered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration

, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, VIDEOL YZERS INC AND MICHAEL REID , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the A dministrator to commercially operate the Freefly Cinestar 8, Freefly Alta,, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a )(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).7 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, VIDEOLYZERS INC AND MICHAEL REID operation of Freefly Cinestar 8, Freefly Al ta, and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, VIDEOLYZERS INC AND MICHAEL REID requests relief from Sections

9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

VIDEOLYZERS INC AND MICHAEL REID submits that the requested relief is proper since an equivalent level of safety will be ensured. VIDEOLYZERS INC AND

MICHAEL REID will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and prac tices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual). Furthermore, VIDEOLYZERS INC AND MICHAEL REID will document

and maintain all maintenance records for th e Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by VIDEOLYZERS INC

AND MICHAEL REID to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely o perate the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

VIDEOLYZERS INC AND MICHAEL REID seeks relief from Section 91.7(a),

entitled Civil aircraft airworthiness , because the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, VIDEOLYZERS INC AND MICHAEL REID submits that he will ensure that the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating docu ments (i.e., Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

VIDEOLYZERS INC AND MICHAEL REID also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1UAs wi ll be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,8 combined with VIDEOLYZERS INC AND MICHAEL REID ’s operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs within vis ual line of sight, at or below

5 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, VIDEOLYZERS INC AND MICHAEL REID seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR

conditions

. VIDEOLYZERS INC AND MICHAEL REID submits that safety will not be affected by operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal c ruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, VIDEOLYZERS INC AND

MICHAEL REID provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The nam e and address of the Petitioner and point of contact is:

VIDEOLYZERS INC AND MICHAEL REID

27 Castle Harbour Drive Port Perry, Ontario, Canada L9L 1P4 647

- 262

- 8987 Mikegwreid@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which VIDEOLYZERS INC

AND MICHAEL REID Seeks Exemption.

1. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command , subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as

PI C of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or prop erty for compensation or hire.9 2. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircra ft unless it is in an airworthy condition.

3. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the r oute and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not eq uipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The
Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requ irements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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 normal cruising speed, to fly after
that for at least 20 minutes.

5. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirement Of Section 91.405(a).10 Section 91.405, entitled Maintenance required , subsection (a ), states the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteratio n , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under §

43.7 o f this chapter[.]

7. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of t his section, no person may operate an
aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of t his chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, ent itled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) o f this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100

- hour, annual, progressive, and other required or11 approved inspections, as appropriate, for each aircraft (including the airframe) and each engine , propeller, rotor, and appliance of an aircraft.

The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving

the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each ai rframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft
which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the

time since th e last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the

AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the a irframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be

retained until the wo rk is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnis hed to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12 C. The Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID

Seeks And The Reason VIDEOLYZER S INC AND MICHAEL REID

Seeks The Relief.

1. Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID

Seeks And The Reason VIDEOLYZERS INC AND MICHAEL

REID Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot p rivileges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currenc y requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircra ft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, VIDEOLYZERS INC AND MICHAEL REID submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Freefly Cinestar 8, Freefly Alta, UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demo nstrating that the PIC is able to safely operate either the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles

and structures.

Further, VIDEOLYZERS INC AND MICHAEL REID submits that all flights of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, conducted by the PIC pursuant to the gr ant of this Petition: (1) will be incidental to

VIDEOLYZERS INC AND MICHAEL REID ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID Seeks And The Reason
ALON

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow VIDEOLYZERS INC AND MICHAEL REID to determine that13 the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs are in airworthy condition prior to eve ry flight by ensuring that the UAS is in compliance with the operating documents (i.e., the VIDEOLYZERS INC AND MICHAEL REID Aerial Operations Manual, Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual).

VI DEOLYZERS INC AND MICHAEL REID seeks the requested relief because the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, VIDEOLYZERS

INC AND MICHA EL REID will ensure that the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations

below.

3. Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID

Seeks And The Reason VIDEOLYZERS INC AND MICHAEL

REID Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, which utilize a barometric pressu re sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),

VIDEOLYZERS INC AND MICHAEL REID seeks the requested relief because the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather tha n the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that

a ground level pressure setting will be established prior to each flight, and provides the

PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID Seeks And The Reason ALON

Relief fro m Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to14 the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 4.5 minutes. VIDEOLYZERS INC AND MICHAEL REID seeks the

reque sted relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight oper ations that VIDEOLYZERS INC AND MICHAEL REID proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, the Freefly Cinestar 8, Freefly Al ta, and DJI Inspire 1 operating documents, and VIDEOLYZERS INC AND MICHAEL REID ’s proposed operating limitations, ensure that VIDEOLYZERS INC AND MICHAEL

REID will safely operate the battery powered Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs d uring daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

5. Extent Of Relief VIDEOLYZERS INC AND MICHAEL REID

Seeks And The Reason VIDEOLYZERS INC AND MICHAEL

REID Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91. 405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, VIDEOLYZERS INC AND

MICHAEL REID requests relief from these Sections because the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, VIDEOLYZERS INC AND MICHAEL REID will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the VIDEOLYZERS INC AND MICHAEL REID Aerial Operations Manual, Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual). Furthermore, VIDEOLYZERS INC AND MICHAEL

REID will document and maintain all maintenance records for the Freefly Cinestar 8,

Fr eefly Alta, and DJI Inspire 1 UASs.

D. The Reasons Why Granting VIDEOLYZERS INC AND MICHAEL REID Request Would Be In

t he public interest15 Granting the present Petition will further the public interest by allowing

VIDEOLYZERS INC AND MICHAEL REID to saf ely, efficiently, and economically perform aerial video and photography and documentary filming over certain areas of the United States.

Additionally, use of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of VIDEOLYZERS INC AND MICHAEL REID ’s proposed operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will be realized without implicating any priv acy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 and DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still

p hotography flight operations. By using battery power and electric motors, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder i nternal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs, while reducing the car bon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs to perfor m aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is16 usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of fl ight crew members located onboard the aircraft, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs (wei ghing approximately 25 pounds, 22 pounds, and 6 pounds 7.5 ounces respectively, at

their maximum gross weights with lengths of 40 inches and 17. 3 i nches respectively,

widths of 40 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduc t similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The Freefly Cinestar 8, Freefly Alta, a nd DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As suc h, operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will allow United States based companies, like VIDEOLYZERS INC

AND MICHAEL REID , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery po wered Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a tradition al manned aircraft.

By operating the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, companies

such as VIDEOLYZERS INC AND MICHAEL REID , can remain competitive and profitable, and therefore, provide greater job stability to employees and contrac tors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, provides a stable workforce that increases

consu mer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both

in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, VIDEOLYZERS INC AND MICHAEL REID ’s proposed operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the Freefly Cines tar 8, Freefly Alta, and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the VIDEOLYZERS INC17 AND MICHAEL REID Aerial Operations Manual, Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Gr anting 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 VIDEOLYZERS INC AND MICHAEL REID Seeks Exemption.

1. Reasons Why The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1

UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, VIDEOLYZERS INC AND MICHAEL

REID ’s operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Sectio n 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanne d aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a

minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and o peration within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and18 (2) whether a certificate of waiver, certificate of authorization, or airworthiness certificati on under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, VIDEOLYZERS INC AND MICHAEL REID submits that the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs; (b) the pilo t certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The Freefly Cinestar 8, Freefly Alta,

and DJI Inspire 1 UASs.

The technical specifications of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs are set forth by the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 User
Manuals, atta ched hereto as Appendix A , B, and F

.

ii. The Freef ly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs may be operated in both

manual a nd fully a utonomous flight modes with their DJI flight controllers . A complete description of the flight and navigational modes of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs is provided at pages XX of the DJI WooKong M (which is he19 flight controlle r for the Cinestar 8) manual , and pages XX of the Freefly Alta, and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Appendix

A and B.

iii. The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs Are Designed For Automati c Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 secon ds, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the Freefly Cinestar 8, Freefly Alta,

UAS are set forth at pages 11 of the DJI WooKong M (which is he flight controller for the Cinestar 8) manual , and page 65 of t he Freefly Alta, and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, atta ched h ereto as Appendix A and B, and F

.

iv. The Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and spe cifications of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 GCS and flight control software is provided at pages 11 of the DJI WooKong M (which is he flight controller for the Cinestar 8) manual , and

pages 65 of the Freefly Alta, and pages 12

- 1 6 and 45

- 50 of the DJI Inspire 1 User Manuals, att ache d hereto as Appendix A, B, and F

. b. Flight Operations Of Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Obse rver.

VIDEOLYZERS INC AND MICHAEL REID will be the only person to act as a pilot in command (PIC) of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time.

c. Flights Of Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, VIDEOLYZERS INC AND MICHAEL REID proposes to commercially operate Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs for the20 special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

ai rcraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new peti tion or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. Th e UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical cer tificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS ca pability. The SO and PIC
must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the

duratio n of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.21 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacl es/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists

be tween the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operato r must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exempti on, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspe ct the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is fo und to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, mainte nance, overhaul, replacement, inspection, and life limit requirements.22 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exe mption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pi lot certificate and at least a current third

class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consist ent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14

C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and e xperience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be c onducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Fl ights under special visual flight rules (SVFR) are not authorized.23 20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

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

21. The UA may 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 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planne d operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginni ng a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organ ization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in acco rdance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. B efore conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.24 28. The documents required few er than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA m ust remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonp articipating persons (persons other than the PIC, SO, 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 t he event of an accident. The operator must 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 immedia tely and/or;

b. The aircraft is operated near 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 an undue hazard, and;

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

32. All operations shall be conducted over private or controlled

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

conducted.

33. Any incident, accident, or fligh t operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the25 FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportati on Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

VIDEOLYZERS INC AND MICHAEL REID submits that the e quivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour an d currency requirements, that the PIC is able to safely operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and

structures.

Considering VIDEOLYZERS INC AND MICHAEL REID ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS, VIDEOLYZERS INC AND

MICHAEL REID submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for

VIDEOLYZERS INC AND MICHAEL REID ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in cir cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

VIDEOLYZERS INC AND MICHAEL REID will not allow any PIC to operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS training and curren cy requirements, that the PIC is able to safely operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).26 As in Exemption Nos. 11062, 11138, and 1115 3, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during VIDEOLYZERS INC AND MICHAEL REID ’s proposed operations. The Administrator has held that prior documented flig ht experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exempti on No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be

included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomp lish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption N o. 11138 at page 15.

Accordingly, VIDEOLYZERS INC AND MICHAEL REID will ensure safe operations by not allowing any PIC to operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour a nd currency requirements, that the PIC is able to safely operate the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peop le, vessels,

vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.27 The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight

, VIDEOLYZERS INC AND MICHAEL REID will ensure that the Freefly Cinestar 8, Freefly Alta, or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein

. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

1 1112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

w ould Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be mai ntained because the altitude information of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitori ng of the flight path and altitude. This altitude information, combined with VIDEOLYZERS INC AND

MICHAEL REID ’s operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a le vel of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

The FA A has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 1115 3, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Secti on 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, VIDEOLYZERS INC AND

MICHAE L REID will ensure that it will safely operate the battery powered Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.28 Here, as in Exemption No. 11109, the technical specifications of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs; the limitations on the propos ed flight operations; and

the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs pro vide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low bat tery level, the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technica l characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has prev iously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 1 1138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemptio n, VIDEOLYZERS INC AND MICHAEL REID submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met be cause VIDEOLYZERS INC AND MICHAEL REID will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents
(i.e., the VIDEOLYZERS INC AND MICHAEL REID Aerial Operations Manual, Monthly Maintenance Log, and Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 Instruction Manual). Furthermore, VIDEOLYZERS INC AND MICHAEL REID will document and maintain all maintenance records for the Freefly C inestar 8, Freefly Alta, and DJI Inspire 1

UASs.

Since the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, VIDEOLYZERS INC AND MICHAEL REID will maintain the equivalent level of safety e stablished by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B; a copy of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix F

.29 Likewise, the exemption sought will not adversely affect safety because

VIDEOLYZERS INC AND MICHAEL REID will use trained technicians to perform maintenance, alterations or preventive maintenance on the UA S using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

Fr eefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of VIDEOLYZERS INC AND MICHAEL RE ID ’s proposed operating limitations, the operating documents, and the technical aspects of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, VIDEOLYZERS INC

AND MICHAEL REID submits that safety will not be adversely affected by granting exempti on from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2),

and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11 062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Moderni zation and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, VIDEOLYZERS INC AND

MICHAEL REID requests that the FAA prescribe special conditions for the intended operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Sec tion 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness ce rtification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the Freefly Cinestar 8, Fre efly Alta, and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or30 appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, st ates the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or

prop eller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 2 1, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which VIDEOLYZERS IN C AND MICHAEL REID Seeks

Exemption:

VIDEOLYZERS INC AND MICHAEL REID seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Des cription Of The Nature Of The Exemption

VIDEOLYZERS INC AND MICHAEL REID Seeks:

This exemption will permit VIDEOLYZERS INC AND MICHAEL REID to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photograp hy over certain areas of the United

States.31 • Any Additional Information, Views, Or Arguments Available To Support VIDEOLYZERS INC AND MICHAEL REID ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of
2012

(FMRA) Secti on 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, VIDEOLYZERS INC AND

MICHAEL REID ’s request for exemption may be granted pursuant to the authority of

FMRA Section 333 and 14 C.F.R. Pa rt 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification.

As discussed in detail above, VIDEOLYZERS INC AND MICHAEL REID will operate the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, VIDEOLYZERS INC AND MICHAEL REID seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA ), which will permit safe operation of the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over

certain areas of the United Stat es. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing VIDEOLYZERS

INC AND MICHAEL REID to safely, eff iciently, and economically operate the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, VIDE OLYZERS INC AND

MICHAEL REID respectfully requests that the Administrator grant this Petition for an32 exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b), and permit Leading Edge to operate the Freefly Cinestar 8, Freefly Alta, and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United

States. Dated: March 6, 2015

Respectfully submitted,

VIDEOLYZERS INC AND MICHAEL REID

VIDEOLYZERS INC AND MICHAEL REID

27 Castle Harbour Drive Port Perry, Ontario, Canada L9L 1P4 647

- 262

- 898733 

## Appendices :

A

– Freefly Alta Manual

As the manual is a very large file, please see the link at:

http://d27w8s76bjlz9v.cloudfront.net/wpcontent/uploads/2015/07/28175748/ALTA_Man

ual_RevB.p df34 B

– DJI Inspi re 1 Specifications Data Sheet:

As the manual is a very large file, please see the following link:

http://dow nload.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.

4_en.pdf35 C

– DJI Woo Kong M Flight controller

As the manual is a very large file, please see the link at:

http://download.dji

- innovations.com/downloads/wkm/en/WooKong

M_Quick_Start_Guide_v1.14_en.pdf36 D

– Cinestar 8 Manual

As the manual is very large, please see the link at:

http://d27w8s76bjlz9v.cloudfront.net/wpcontent/uploads/2014/07/cinestar8Manual

v4.pdf37 E

– Preflight checklists

Attach camera to gimbal, en sure secure and properly aligned.

Unfold GPS antenna, ensure locked.

Visually inspect airframe, motors & props, wiring.

Power on transmitter.

Verify correct power setting.

Validate aural start

- up tones, verify configuration, set battery count

- down ti mer to match installed battery,

observe all switch positions, verify transmitter voltage.

Power on camera, verify operation.

Power up UAS by connecting infligh t battery.

Validate aural start

- up tones.

Observe gimbal operation, validate pitch control vi a transmitter control.

Verify LEDs on each motor arm, verify DJI LED status light operating normally.38 Apply power to visual monitor.

Verify proper channel reception and adequate receiver voltage, verify video and iOSD display normal.

For GPS operations , confirm reception of at least 6 satellites prior to take

- off.

Start motors in idle briefly, then increase above 0%, validate Home Position recorded by flight controller

via LED status light.

Transmitter count

- down timer begins when throttle increased a bove 0%. Continue to increase throttle until

take

- off thrust is attained.39 F

– Monthly Maintenance Log4041