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2708 S. Lamar Blvd., Suite #400 Austin, TX 78704 Phone: 512-291-6991 E-mail: jamieQonioncp.com



## January 21, 2016

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

R.E: Exemption Request Under Section 333 of the FAA Modernization and Reforni Act of 2012 and 14 C.F.R. Part 11 Dear Madam, Sir, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. §§11.61(b) and 11.81, Onion Creek Productions ("OCP") seeks an exemption from the Federal Aviation Regulations detailed below for the six UAS systems listed below. All six of the proposed UAS systems are multi-rotor aircraft with electric propulsion. All six of the proposed UAS systems are commercial UAS system from established UAS manufacturers (DJI, 3DR and Freefly) with a proven track record and having been approved for fiight by the FAA under Section 333 in numerous Grants of Exemption. Additionally, the FAA has issued Grants of Exemption in circumstances similar in all material respects to those presented in the herein Petition, specifically Exemptions No. 11062, 11109, 11112, 11213, 11488, 12645, and 12911; we therefore request that OCP's Petition be granted without delay as the proposed UAS systems, and their corresponding commercial applications, are of a class of vehicles and commercial applications eligible for summary grant
treatment. The requested exemption would allow Onion Creek Productions to pursue commercial interests in aerial data collection and closed-set motion picture and television production applications using small unmanned aircraft systems. The system proposed will be used primarily for film, video and photography applications, specifically for the closed-set inotion picture and television industry. Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UAS; examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS system. The regulations from which the exemption is requested are as follows. The Appendix contains details of the OCP operations related to demonstrating an equivalent level of safety for these exempt regulations.
• 14 C.F.R. Part 21, Subpart H • 14 C.F.R. §91.203(a) aud (b) . 14 C.F.R. §45.23(b) 

# -4• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b) • 14 C.F.R. §61.133(a)
• 14 C.F.R. Part 67 • 14 C.F.R. §91.7(a) • 14 C.F.R. §91.9 

### • 14 C.F.R.§91.109 • 14 C.F.R. §91.119 • 14 C.F.R. §91.121 • 14 C.F.R. §91.151(a) • 14 C.F.R. Subpart E (§91.401 - §91.417)
The team at Onion Creek Productions includes a licensed operator with over 200 hours of operating hobby-grade UAS systems. Operations for the purposes of aerial data collection will be conducted in accordance with FAA N 8900.227 and utilize both a Pilot-in-Command and a ground-based visual observer. OCP will also utilize emergency, lost link, and lost communication procedures. All flights under these exemptions will be conducted in accordance with the Small UAS NPRM released Februs,ry 15th, 2015, with the following restrictions:
1. Flights will be in Class G airspace at no more than 400' AGL. 2. The UAS will be operated over private property only with the permission of the owner. 3. The UAS will not be operated over populated areas. 4. In regards to airports, the UAS will not be operated within: (a) 5 nautical miles (NM) from an airport having an operational control tower; or (b) 3 NM from an airport with a published instrument flight procedure, but not an operational tower;


### or (c) 2 NM from an airport witliout a pubiished iiistrument flight procedure or an operational tower; or (d) 2 NM from a heliport with a published instrument flight procedure. 5. Operations will be limited to daytime operations under visual meteorological conditions. 6. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM range. 7. A NOTAM will be issued prior to flight operations. 8. The UAS will have a maximum GTOW of less than 55 lbs. 9. The aircraft will be U.S. registered and display the N-number. 10. The PIC and Observer will possess the certifications required under N 8900.227. 11. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and associated systems are in a condition for safe operation. 12. The PIC and observers will tnaintain two-way communications with each other during all operations; if unable to maintain two-way communications, or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the operation. 13. The aircraft will automatically return to a specific location if the communications link is lost.


# 2 J ~14. All flights will be conducted below 70mph.

Operations for the purposes of closed-set motion picture and television production will be conducted in accordance with OCP's Motion Picture and Television Operation Manual ("MPTOM"), in addition to FAA N 8900.227 and all of the above-mentioned conditions and limitations. For closed-set motion picture and television filming, OCP will obtain the consent of all personnel on the closed set and in its vicinity in which the UAS systems may operate. The proposed UAS operation will be conducted safely to minimize risk to the national airspace system ("NAS") or to persons and property on the ground. OCP proposes that the requested Exemption apply to the proposed six UAS systems that operate within the limitations listed in the FAA's Grant of Exemption Nos. 12911 (NFL Films) and 11488 (Advanced Aerial Cinematography, LLC) for the purposes of closed-set motion picture and television production. OCP incorporates all arguments in support of the petition made NFL Films and Advanced Aerial Cinematography's Petitions for Exemption.



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~~UAS Overview

Onion Creek Productions is submitting this request for exemption for the DJI Phantom 2, DJI Phantom 3, DJI Inspire, DJI S1000, 3DR Solo and Freefly Alta UAS systems; all are reliable and popular aircraft utilized by film and video professionals for aerial data collection and closed-set motion picture applications. OCP has expertise and knowledge in the operations of these systems. OCP is planning on using the proposed UAS to pursue further commercial applications. All the referenced UAS systems are multi-rotor aircraft that utilize electric propulsion. Figure 1 below contains images of the systems, which has dimensions of 18.5" x 20" x 15.5" and weighs 6.0 lbs. OCP proposes that the small size and weight of the referenced UAS systems, flown under the guidelines of N 8900.227, will have an equivalent level of safety to manned aircraft performing similar missions.

Figure 1: The UAS (L-R Downward): the Phantom 2, Phantom 3, Inspire, S1000, Solo, Alta. The dimensions and weight of each system are as follows:

1. Phantom 2: 14"x14"x7" at 2.6 lbs.
2. Phantom 3: 14"x14"x7" at 2.8 lbs.
3. Inspire: 17"x18"x12" at 6.5 lbs.

4. S 1000: 41 "x41 "x14" at 24.31bs.
5. Solo: 16"x16.5 "x10" at 3.9 lbs.

6. Alta: 39 "x45"x9" at 10.0 lbs.

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## ~ UWe will utilize training and operational procedures that follow the guidelines presented in N 8900.227. Additionally, OCP will conduct its operations in accordance to the manufacturers' manuals regarding operations, maintenance and inspection of the six UAS systems.

Public Interest Granting this exemption would benefit the public as a whole. The small UAS in this application offers a strong equivalent level of safety to manned aircraft, and a reduction in environmental impacts compared with the manned aircraft that are currently used for aerial inspection, photography and videography applications in the precision agriculture industry. Utilizing UAS in industries served by aerial data collection provides public consumers with a higher level of service, and at a reduced cost wlien compared to the use of manned aircraft. Buyers experience the benefit of getting a high-definition visualization of the land, asset or infrastructure being inspected, in a collection of stitched images or a short video, and benefits from a quicker turnaround time when compared to manual inspection of land, an asset or other infrastructure. Other than the public economic benefit, further public benefit is derived from the use of sUAS in aerial data collections applications through the environmental conservation that may result from such an application, such as water conservation, eff'icient land planning, crop health monitoring, etc. Beyond Onion Creek Productions and its clientele, the use of UAS in aerial data collection benefits the general public because it is much more ef

~ 'icient than traditional ways of using a manned aircraft or helicopter to achieve the same result. These small UAS carry no passengers, pilot, or combustible fuel, and present little danger to the public when operated safely. Allowing commercial UAS operations will also promote the growth of the emerging UAS industry that will result in economic benefits for the public as a whole. Additionally, the public interest is served by introducing a new viable alternative to aerial inspection photography and videography by traditional manned aircraft, thus presenting American consumers with a new affordable choice of service in a marketplace where only three options for aerial inspection services (manned aircraft photog7raphy, satellite earth observation imagery and physical inspection by trained personnel) had previously existed. Additionally, the use of UAS in aerial inspection applications benefits the public interest as it provides a safe, viable alternative to physical inspection conducted by individuals that would have to climb or traverse over difficult and potentially unsafe terrain and structures; the use of UAS for aerial inspection eliminates the risk of bodily injury or death that exists when an individual inspector must physically inspect in dangerous positions or under dangerous conditions. With respect to closed-set motion picture and television production, the proposed UAS operations would minitnize the risk of harm to individual safety or damage to the NAS and property. The operations proposed would provide public benefits by enabling the consumers and viewers of OCP's productions to view footage that could not be captured via any other technology. The UAS operations as described in this applicatiori will be far safer and more e$' icient than use of helicopters or otlier aircraft to capture the required footage.



# s JQIn general, the public interest is benefited by maxiinizing the efficiency of the application while

minimizing the risks involved in the use of traditional methods of aerial data collection and closed-set motion picture and television production. The name and contact information of the applicant are:

Onion Creek Productions Attn: Jamie Brown Phone: 512-291-6991 E-mail: jamie@onioncp.com

Onion Creek Productions requests exemption under Section 333 to enable safe commercial UAS operations for the activities stated. Please contact us if you require additional information or clarification.

Sincerely,

Jamie Brown, Executive Producer



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# ~APPENDIX

Specific Exemption Requests and Equivalent Level of Safety S howiiigs
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required. Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the iissuance of airworthiness certificates as required by FAR §91.203(a). OCP requests an exemption from these rules and will utilize an internal airworthiness process based on inspections and pre-flight checks resulting in an equivalent level of safety. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. 14 C.F.R. §45.23(b) - Display of marks; general. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 iuches high. Additionally, the aircraft must display the word "EXPER.IMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the small size of the UAS, this requirement is impossible to match. The equivalent level of safety will be achieved by having the registered N-number in 1 incll lettering on the side of the fuselage.
14 C.F.R. PART 67 - Medical Standards and Certification 14 C.F.R. §61.23(a) - Medicai certificates: Requirement and duration. R.egulations provide that a person must liold at least a second class medical certificate when exercising:
• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a) (1) (ii) of this section); or • Privileges of a commercial pilot certificate
Given the size of the UAS in this petition and the limited flight area and the safety features integrated in the autopilot, OCP believes that ann Equivalent Level of Safety can be reached if the operator has a valid driver's license. 14 C.F.R. F61.113(a) and (b), §61.133 - Private Pilot Privileges and Liniitations: Pilot in Command; Commercial Pilot Privileges and Limitations Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations, and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial pilot certificate. OCP requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that the above mentioned UAS may be operated by individuals who have a private pilot certificate. Based upon the design features of the UAS, its autopilot system, and safety factors, the FAA should permit operation of UAS b,y operators with a private pilot certificate when the conditions described above have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, Section 1 of FAA Order 8900.1. OCP proposes to conduct operations in accordance with these restrictions. Given these conditions and restrictions, an equivalent level of safety to manned operations will be achieved through operation with a private pilot certificate. The risks associated with the operation of multi-rotor aircraft (given the size, speed, operational capabilities, and lack of combustible fuel) are so much less than the level of risk associated with fixed wing and rotorcraft operations, both private and corrnnercial, as contemplated by Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of safety provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a).



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## Q14 C.F.R. §91.7(a) - Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. OCP requests that an exemption be granted allowing commercial operation without an airworthiness certificate. Given the size of the aircraft, self-certification of airworthiness will provide an equivalent level of safety. 14 C.F.R. §91.9(b)- Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person 

### may operate an aircraft unless a current, approved flight manual is in the aircraft. OCP assumes that the intent of this requirement is to ensure that $ight manual information is available to the aircrew while operating the aircraft. OCP requests an exemption to this requirement since the aircraft is not only too small to carry documentation, but the documentation would not be available to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the user manual with the ground crew. 14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. The UAS in this exemption is a remotely piloted aircraft, and, by design, not equipped with fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Utilizing a pilot skilled in remote piloting will provide an equivalent level of safety.
14 C.F.R. §91.119 - 1Vlinimum safe altitudes: General. The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. The regulation provides that over congested areas, the aircraft must be operated at or above 

### "an altitude of 1, 000 feet above the highest obstacle vrithin a horizontal radius of 2,000 feet of the aircraft". Since the UAS in this exemption application will be operating at a maximum of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety, OCP will only fly over private property with the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the small size of the UAS, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and that this distinction should be considered in granting the exemption. Furthermore, OCP will not operate over 

### any open air assembly of persons. 14 C.F.R. §91.121 - Altimeter settings. The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent level of safety, the autopilot calculates the reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight. 14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions. The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the fixst point of intended landing and to fly after that for at least 30 minutes. As the aircrafts in this request are electric-powered, this requirement is inapplicable. An equivalent level of safety is achieved through a low battery power warning. The UAS in this application are designed to automatically return to base and land safely when the power is too low.

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# ?Q14 C.F.R. Subpart E(§91.401 -§91.417) - Maintenance, Preventive Maiiltenance, arid Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

### "approved for return to service by a person authorized under 43.7" after maintenance and inspection. OCP plans to have the qualified PIC perform maintenance and inspection of the aircraft and that the PIC shall 

### "be authorized to approve the aircraft for return to service." Tlie PIC will ensure that the aircraft is in an airworthy condition prior to $ight and conduct detailed inspections after every 10 $ight hours. Additionally, checklists will be utilized with all of the necessary pre-flight procedures prior to every flight operation. The PIC will document work performed in accordance with 91.417. We maintain that due to the 

## size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.



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