Cottle Communications, Inc. 118 Sea Marsh Road Amelia Island, FL 32034

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590 ·,--,;-c , '**;_~~~-J F~'**  - ;-
... -.;

Re: 14CFR Part 2114 C.F.R. 45.23{b) 14 CFR 61.113 (a) 

### &(b) 14C.F.R. 91.7 (a) 14CFR 91.9 (b) {2) 14C.F.R. 91.103 14 C.F.R. 91.109 14C.F. R. 91.119 14C.F.R. 91.12114 CFR 91.151 (a) 14CFR 91.203 (a) 

### & (b) 14CFR 91.405 (a) 14CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) 

### & (b)
Dear Sir or Madam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Cottle Communications, Inc., an operator of Unmanned Aircraft Systems r'UASs") for producing marketingvideos in the real estate, hotel 

### & resort, and engineering/design industries, hereby applies for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS platforms.
Cottle Communications, Inc.'s requested exemption would permitthe operation ofsmall, unmanned UAS under controlled conditions in airspace that is: (1) limited, (2) predetermined, (3) subjectto controlled access, and (4) provide greater safety in connection with aircraft operations in the outdoor film and television industry. As established by the exemptions already granted by the FAA, approval ofCottle Communications, Inc.'s exemption would enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to establish requirements for the safe operation ofsuch aircraftsystems in the national airspace system.

Benefit of UAS
The geography of Florida and neighboring coastal states provides challenges for photographers to obtain propervideo and photographs to enhance their marketing material. The services offered by Cottle Communications, Inc. will be a safe, low cost, andeffective solution for filming and photography ofthese unique coastal properties and areas. The services are to stimulate economic benefitfor the Real Estate, Travel and Engineering/Design industries in coastal (non-coastal) areas. As a hobby I, Stan Cottle, have been flying in the southeastern coastal areas filming and taking photos of landscapes and unique coastal geographies for 1year. All flights have resulted without incident.



### 1This application is submitted by:
Cottle Communications, Inc. Owner: Stanley H. Cottle Ph: 904-476-4302 Email contact: stan@ccom-e.net Address: 118 Sea Marsh Road, Amelia Island, FL 32034

Regulations from which the exemption is requested:

14 CFR Part 21 14 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 14C.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 of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS or the public or pose athreatto national security in light ofthe following:

• The UAS's 

### size, weight, speed, and operational capability;

• Operation ofthe UAS in close proximityto airports and populated areas; and

• Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace 

### system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace 

### system." ld. 333(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft,



### 2as the term is defined under §40101 oftheAct, that includes UASs, from the requirementthat all civil aircraft must have acurrent airworthiness certificate. Applicant interprets this provision to place the duty on the Administratorto not only process applications for exemptions under section 333, butforthe Administratorto craft conditions for the safe operation ofthe UAS, ifitshould be determined thatthe conditions set forth herein do notfulfill the statutory requirements for approval.

The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administratorfinds the exemption in the public interest. 49 U.S.C. 44701(f) See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203 (a) (1).
Cottle Communications, Inc.'s UASs are rotorcraft, weighting 55 orfewer lbs. including payload. They operate, under normal conditions at aspeed of no more than 50 knots and have the capabilityto hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line ofsight and will operate only after all safety protocols and preflight checks have been completed.
Given the small size ofthe UASs involved and the restricted controlled environment within which theywill operate, the applicantfalls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant UASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surroundingthe 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 is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The applicant proposes thatthe exemption requested herein apply to civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafetyto operations underthe current regulatory structure because the proposed operations represent a safety enhancementto the already safe movie and television filming operations conducted with conventional aircraft.
These limitations and conditions to which Cottle Communications, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include:



### 3

### 1. The UAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Maximum total flighttime for each operational flight will be 30 minutes. Flights will be terminated at25% battery power reserve should that occur priorto the 30 minute limit. 4. 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. 5. Minimum crew for each operation will consist ofthe UAS Pilot and the Visual Observer. 6. UAS Pilot will be Pilot in Command (PIC). Ifa pilot certificate holder other than the UAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial CoordinatorL that person can also be designated as PIC. 7. The UAS will only operate within a confined "Sterile Area" as defined in the Manual. Section H, I and J

### ofthe Manual requires the establishment ofa "Security Perimeter" forthe flight operations area. 8. A briefing will be conducted in regard to the planned UAS operations prior to each day's production activities. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing. 9. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office. 10. The operator will obtain the consent ofall persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required by Section Kofthe Manual. With the advanced permission ofthe relevant FSDO, operations at closer range can be approved. 11. The operator will submit awritten Plan ofActivities to the FSDO three days before the proposed shoot as required in Section Kofthe Manual. 12. Pilot and observer will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required Sections M and Nofthe Manual. 13. Observer and pilot will at all times be able to communicate by voice and/ortext. 14. Written and/or oral permission from the relevant property holders will be obtained. 15. 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. 16. Ifthe UAS 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. 17. The UAS will have the capability to abort aflight in case of unpredicted obstacles or emergencies.



### 414C.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 ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all 

### cases, an analysis ofthese criteria demonstrates thatthe UAS operated withoutan airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as 

### safe, or 

### safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed.
The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured area as set out in the Manual. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator, pursuanttothe Manual's requirements, and underthe requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide agreater degree ofsafetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

### 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed bythe UAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14C.F.R. 45.23 (b). Marking ofthe Aircraft
The regulation requires:
When marks include onlythe 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 thataircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 6 inches high, the words "limited/' "restricted/' "light-sport/' "experimental/' or "provisional/' as applicable.



### 5Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAV, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).
The equivalent level ofsafetywill be provided by havingthe UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV 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.


### 14 C.F.R. 61.113 (a) 

### & (b): Private Pilot Privileges and limitations: Pilot in Command.
Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations. Because the UAS will notcarry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraftthat carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level ofsafety provided bythe requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe UAS as requested with a private pilotas the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

### &(b).


### 14 C.F.R. 91.7(a): Civil aircraft airworthiness.
The regulation requires that no person may operate a civil aircraft unless itis in airworthy condition. As there will be no 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 in the Manual for maintenance and use ofsafety check lists priorto each flight, as set forth in Sections 

### J, Land Q, an equivalent level ofsafety will be provided.


### 14 C.F.R. 91.9 {b) (2): Civil Aircraft Flight Manual in the Aircraft.
Section 91.9 (b) (2} provides: No person may operate a U.S.-registered civil aircraft. (2) For which an Airplane or Rotorcraft Flight Manual is not required by§21.5 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or



### 6Rotorcraft Flight Manual, approved manual materiat markings, and placards, or any combination thereof.
The UAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.
The equivalent level ofsafetywill be maintained by keepingtheflight manual atthe ground control pointwhere the pilotflyingthe UAS will have immediate access to it. The FAA has issued the following exemptions tothis regulation: Exemption Nos. 8607, 8737, 8738,9299,9299A,9565,956SB,10167,10167A,10602,32827,and10700.

14C.F.R. 91.103: Preflightaction
This regulation requires each pilot in command to take certain actions before flightto insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafety will be provided as setforth in the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.

14C.F.R. 91.109: Flight instruction:
Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions forflighttrainingwithoutfully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.S778K 

### & 9862A. The equivalent level ofsafety provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and by the 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 to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, exceptfor the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. Itwill however



### 7be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent.
The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe 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 as setforth in Section Kofthe Manual. Compared toflight operations with aircraft or rotorcraft weightingfar morethan the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the lowaltitude operations ofthe UAS will ensure separation between these small- UAS operations and the operations of conventional aircraftthat must comply with Section 91.119.

14 C.F.R. 91.121 AltimeterSettings
This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure."As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the Manual and Safety Check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight.

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly afterthatfor at least 30 minutes; or (2) At night, tofly after thatfor at least45 minutes."
The battery poweringthe UAS provides approximately40 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operationswithin a predetermined area, a longertime frame forflight in daylight or nightVFR 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)). Operatingthe small UAS, in atightly 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



### 8engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utilityfor which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or 25% ofbattery power whichever happens first. This restriction would be morethan adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.
Similar exemptions have been granted to other operations, including Exemptions 2689F, 

### 5745, 10673, and 10808.


### 14C.F.R. 91.203 (a) and (b): CarryingCivil AircraftCertificationandRegistration
The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthefollowing: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew.
The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS.
An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilotflyingthe UAS will have immediate access to them, to the extentthey are applicable to the UAS. The FAA has issued numerous exemptions tothis regulation. A representative sample of other exceptions includes Exemption Nos. 

### 9565, 9665,9789,9789A,9797,9797A,9816A,and10700.


### 14C.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

### Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

.../' and others shall inspect or maintain the aircraft in compliance with Part 43.
Given thatthese section and Part43 applyonlyto aircraftwith an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook as



### 9referenced in the Manual. An equivalent level ofsafety will be achieved because these small UASs arevery limited in size and 

### will carrya small payload andoperateonly in restricted areasfurlimited periods oftime.

### ffmechanical issues arisethe UAS can land immediately and will be operatingfrom no higherthan 400 feet AGL. As provided in the Manuat the operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed.**Moreover~** the operator isthe person mostfamiliar with the aircraftand bestsuited to maintain the aircraftin an airworthy condition to providethe equivalent level ofsafety.


### *********

Pursuantto 14 

### C.F.R. Part 11, the followingsummary is provided for publication in the Federal Register, shoutd 

### itbe determinedthat publication is needed: Applicant seeks an exemption from the following rules: 14 

### C.F.R. 21, subpart H; 14

### C.F.R 45.23{b); 14 

### C.F.R. 61.113{a) 

### & (b); 91.7{a); 91.9 (b) {2); 91.103{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 commerciaHy a small unmannedvehicle (551bs or less) in motion picture and television operations. Approval ofexemptions allowing commercial operations of UASs in the film industrywill enhance safety by reducing risk. Conventional film operations, usingjetor piston power aircraft, operate atextremelylowaltitudesjustfeetfrom the subjectbeingfilmed and in extreme proximityto people and structures; and presentthe risks associated with vehicles that weigh in the neighborhood of4,000 lbs., carrying large amounts ofjetA or otherfuel. Such aircraft mustflyto and from the film location. In contrast, UAS weighing fewerthan 55 Jbs. and powered by batteries eliminatesvirtually all ofthat risk given the reduced mass and fack ofcombustiblefuef carried on board. The UAS is carried tothe film set and notflown. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraftflights.
The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, wiff provide an equivalentJevei ofsafetysupportingthe grant ofthe exemptions requested herein, including exemptingthe applicantfrom the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are farsaferthan conventional operations conducted with turbine helicopters operating in dose proximitytothe ground and people. 

### Privacy

All flights will occur over private or controlled access propertywith the property owner's priorconsentand knowledge. RlmingwiU beofpeoplewho have alsoconsented to beingfilmed or otherwise have agreed to be in the area where filmingwill take place.



### 10Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed

.. operatingcapabilities

.. proximityto airports and populated areas and operation within visual fine ofsightand national security- providemorethan adequate justification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS in the motion picture and television industry pursuanttothe Manual appended hereto. Sincerely,

# s~!l(/t/ Stanley H. Cottle Cottle Communications, Inc.



### 11