.....___ 1'-

------ U.S. Department of**Transporta~ion** Docket Management System

1200 New Jersey Ave., SE Washington,. D.C. 20590 !; -;.''; .- 'T (\r_ !' .**~, ~** ;·;.-.;r:: .I.•"'l ' ·-**~-- ~=~.** **~: -~** **~** Re:: Exemption Request Section 333 ofthe FAA Reform Act and Part 11ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a)&(b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a)&(b). Dear Sir orMadam-: - Pursuant to Section 333 ofthe FAA Modernization and Reform Actof 2012 (the Reform Act) and 14 C.F.R. Part 11, Curtis Wintrode operator of Small Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photography and video hereby applies foran exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are

conducted within and under the conditions outlined herein oras may be established bythe FAA as

required by Section 333.1 As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace thatis1) limited 2) predetermined 3) controlled asto access and4) would provide safety enhancements tothe already safe operations inthe film and television industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to"... establish requirements for the safe operation of such aircraft systems inthe national airspace system." Section 333(c} ofthe Reform Act. The name and address ofthe applicant is: Curtis Wintrode

338 Ridge Trail Drive**~~~** -----**--~-- -~** ---- - .....,.....---_...,_ ....**~---** Chesterfield, MO 63017 Phone: 314-514-9462 jencurt@wintrode.us Page 1""'-.....-**·--~---:---~- r~** ,\' )

The conditions proposed bythe applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8- lssue a Certificate of Waiver for Motion Picture and Television Filming. Regulations from which the exemption is requested: • 14 CFR Part 2114 C.F.R. 45.23{b) • 14 CFR 61.113 {a)&{b) • 14 C.F.R. 91.7 (a) • 14 CFR 91.9 (b) (2) • 14 C.F.R. 91.103 • 14 C.F.R. 91.109 1-e-4c--:-F:R-:-91.119- -**___...,.._~** --- • 14. C.F.R. 91.121 • 14 CFR 91.151 (a) • 14 CFR 91.203 {a)&(b) • 14 CFR 91.405 (a) • 14 CFR 407 (a)(1) • 14 CFR 409 (a)(2) • 14 CFR 417 (a)&(b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333{a) through (c)ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether

certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following: • The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line of sight ofthe operator. - -Reform Act·§-333-(a):-Lastly, if the-secretary-determines that such veliicles "may operate safely in the. national airspace system, the Secretary shall establish requirements for the safe operation of such

aircraft inthe national airspace system." ld. §333{c) (emphasis added)2. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority byits terms includes exempting civil aircraft, asthe term is defined under §40101 ofthe Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. '\ Page 2**-~~**h--.

The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a)or(b)ofthis section orany sections 44702-44716 ofthis titleifthe Administrator finds the exemption inthe public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Curtis Wintrode sUASs are rotorcraft, weighting 55or fewer lbs. including payload. They operate, under normal conditions ata speed ofno more than 50 knots and have the capability to hover, and move inthe vertical and horizontal plane simultaneously. They will operate only inline of

sight and will operate only within the sterile area described inthe Confidential Motion Picture and Television Operations Manual, attached as Exhibit 1 (hereinafter "the Manual")3 .Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system orthe public." Given the small size ofthe sUASs involved and the restricted sterile environment within which they will ' .**~~~-. ~-'** **--~** ·-· ' .,---- - '- ··-**''---~-~~** operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due tothe size ofthe UASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant ofthe requested exemptions isinthe public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide forat least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement tothe already safe movie and television filming operations conducted with conventional aircraft. These limitations and conditions to which Curtis Wintrode agrees tobe bound when conducting commercial operations under an FAA issued exemption,include: • The sUAS will weigh less than 55 lbs. • Flights will be operated within line of sight ofapilot and/or observer. • Maximum total flight time for each operational flight will be30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior tothe 30 minute limit. Page3••• Flights will be operated atan altitude ofno more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer, and the Camera Operator. The UAS will only operate within a confined "Sterile Area" as defined inthe Manual. Section H,I andJofthe Manual requires the establishment ofa "Security Perimeter" for the flight operations area. •A briefing will be conducted in regard tothe planned sUAS operations prior to each day's production activities. ItwiU be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing.**--~.-----rile** operator will obtain the cot1sent ofall persons involved inthe filming and ensure -that only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may be reduced to30 feet based upon an equivalent level of safety determination, as required by Section Kofthe Manual. With the advanced permission ofthe relevant ·FSDO, operations at

closer range can be approved. \ \\

• Pilot and observer will have been trained in operation of UAS generally and received up-to-date information on the particular UAS tobe operated as required Sections M andNofthe Manual. • Observer and pilot willatall times be able to communicate by voice and/or text. • Written and/or oral permission from the relevant property holders will be obtained. • All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. •Ifthe sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. • The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required-by FAR. §91.203 (a) (1). Given the size and limited operating area associated with the aircraft tobe utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement foran airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. Page4\

Inall cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, inthe restricted environment and under the conditions proposed will beat least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS tobe operated hereunder isless than 55 lbs. fully loaded, carries neither apilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area asset outinthe Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant tothe

Manual's requirements, and under the requirements andin compliance with local public safety --'TequirementS, toprovide sec·urity for the area-oroperation asis now done with conventional filming. The FAA will have advance notice ofall operations. These safety enhancements, which . - already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree. of safety tothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of**thes~** same criteria demonstrates that there isno credible threat to national security posed bythe UAS, due toits size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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 tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed asthe UAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAV, two-inch lettering will be impossible. The equivalent level of safety will be provided by having the sUAV marked onits fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions tothis regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. \ \ \ \**~~ ~** \**~** '1 PageS:...

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate acivil aircraft unless itisin airworthy condition. As there will beno airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained inthe Manual for maintenance

and use of safety check lists prior to each flight, asset forth in Sections J, Land Q,an equivalent level of safety will be provided.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual inthe Aircraft. -**-~-section9Y9** (b)(2) provides: ---- No person may operate a U.S.-registered civil aircraft ...(2) For which an Airplane or Rotorcraft Flight Manual isnot required by §21.5 of this chapter, unless there is available inthe aircraft a current approved airplane or**~otorcraft** Flight Manual, approved manual material, markings, and placards, or any combination thereof. May 27, 2014 Page Seven 1299 Pennsylvania Avenue, NW, Suite 700,**Washingt~n,** DC 20004-2400 T: (202) 842-7800 F: (202} 842-7899 www.cooley.com The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there isno pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control point where the pilot flying the sUAS will have immediate access toit.The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,95658, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided asset forth in Sections J andKofthe Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Page614 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate acivil aircraft (except a manned free balloon) thatis being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the useofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls fora number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided bythe fact that neither a pilot nor passengers will be carried inthe aircraft and bythe size and speed ofthe aircraft.**-~** 14-C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters tobe operated atless than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption isfora sUAS thatisa helicopter and the exemption requests authority to operate at

altitudes upto 400 AGL, ornot more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. Asset forth herein, except for the limited conditions stated inthe Manual, the UAS will never operate at higher than 400 AGL.

Itwill however be operated ina restricted area with security perimeter, where buildings and people will notbe exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe UAS as well as the location where itis operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice tothe property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations asset forth in Section Kofthe Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs. proposed herein and the lack of flammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating ator below 500 AGL inthe movie industry. In addition, the low-altitude operations ofthe sUAS will ensure separation between these smaiiUAS operations and the operations of conventional aircraft that must comply with Section

91.119.**'\ ~**  0-**~~** . \ j Page 7•• J ...... !':::--·**~'-** "-7

i'

14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference toan altimeter thatisset"...tothe elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead aGPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuant tothe Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fue_l Requirements for Flight inVFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight inan airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly after that forat least 30 minutes; or(2)At night, tofly after that forat least 45 minutes." The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, ina tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that

Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to10 minutes would greatly reduce the utility for which the

exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to30

minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS toits planned landing zone from anywhere inits limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. \,\ \.\ PageS**~.·** ..**~~.**

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate acivil aircraft unless ithas within itthe following: (1)An appropriate and current airworthiness certificate .... (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a)of this section ora special flight authorization issued under §91. 715is displayed atthe cabin or cockpit entrance so that itis legible to passengers or crew. The UAS fully loaded weighs no more than 55lbs andis operated without an onboard pilot. As such, there isno ability or place to carry certification and registration documents orto display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at

the ground control point where the pilot flying the sUAS will have immediate access to them, to the**ex~ent** they are app..!Jcable tothe sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c)of this section, have discrepancies repaired as prescribed in part 43of this chapter ...,"and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced inthe Manuai.(See Sections land Q)An equivalent level of safety will be achieved because these small UASs are very limited insize and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided inthe Manual, the operator will ensure that the UASisin working order prior to initiating flight, perform required maintenance, and keep alog

of any maintenance performed. Moreover, the operator isthe person most familiar with the aircraft and best suited to maintain the aircraft inan airworthy condition to provide the equivalent level of safety.

Pursuant to14 C.F.R. Part 11, the f<?llowing summary is provided for publication inthe Federal Register, should itbe determined that publication is needed:**~**\\\\ Page9**c._~**"-------..._"-' ? L

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);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203{a) and (b); 91.405 (a); 91.407 (a) {1); 91.409 (a) {2); 91.409 (a)(2) and 91.417 (a)&(b)to operate commercially a small unmanned vehicle (SSibs or less) in motion picture and television operations. Approval of exemptions allowing commercial operations of sUASs inthe film industry will

enhance safety by reducing risk. Conventional film operations, using jetor piston power aircraft, operate at extremely low altitudes just feet from the subject being filmed andin extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,QOOibs., carrying large amounts ofjetAor other fuel {140 gallons for jet helicopters shown below). Such aircraft must flyto and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually allof that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried tothe

film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them tothe risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted inthe strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate at slow speeds, close tothe ground, andina sterile environment and, asa result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity tothe ground and people. PrivacyAll flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will beof people who have also consented to being filmed or otherwise have agreed tobeinthe area where filming will take place. Night operations will also be conducted by sUASs andas shown inthe photographs below, such operations are fully lighted so that visibility isas though filming was conducted during daylight hours. "\ \ \. ',, Page 10\\I**~** 1..

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Actof 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within

visual lineof sight and national security- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's UASinthe motion picture and television industry pursuant tothe Manual appended hereto. Sincerely,Curtis Wintrode**au)~** Page 11