108	S.	12th	Street ! Tampa,	Florida	33602 ! P:	(813)	229

- 1212 ! F:	(813)	229

- 6333 ! www.wearespectrum.tv

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

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam:

This petition is being submitted on our own behalf without legal counsel or consulting

services. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), and 14 C.F.R. Part 11, Spect rum Field Productions LLC (“ Spectrum ”), a Florida based limited liability company operating a Small Unmanned Aircraft System (“sUAS”) , with our employee Nicholas Righi as the PIC, equipped to conduct aerial photography, videography, and survey for various industries, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (“FAA”) so long as such operations are conducte d with and under the conditions outlined herein or as may be established by the FAA as required by Section

333.

The requested exemption would permit Spectrum to pursue its commercial interests in providing services to consumers’ interested aerial data ca pture using a small advanced sUAS in the following areas:

• Agricultural Surveying

• Aerial video/photography or providing live video feed

• Closed Set Film Cinematography

• Real Estate Photography

• Product Demonstrations

• Research and Development

Spectrum states that all sUAS flights that will occur over private or controlled access property will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where photography an d videography will take place will be captured.

Spectrum understands the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non

- towered airports, and appropriate

sections of the Aeronautical Information Ma nual.

Nicholas Righi has flown small multi

- rotors for over three years with over 100 hours of flight time.Contact Information:

Company: Spectrum Field Productions LLC Name: Nicholas Righi

Address: 108 S 12 th st Tampa, Fl 33602

Email: Nick@wearespectrum.tv

Office: 8132291212

Cell: 8132208084

Spectrum has instilled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety pro tocols exclusive to lightweight UAS's specific to video and photography usage as Spectrum will record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation. This data can be logged with the DJI Pilot app.

Regulations from which the exemption is requested:

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

14 C.F.R . 91 .119
14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)

Unmanned Aircraft System

We are petitioning for exemption to enable Spectrum to operate a DJI Phantom 2 multi

rotor equipped with a three

- axis gimbaled camera, and a DJI Inspire 1 multi

- rotor equipped with a three

- axis gimbaled camera

. These sUAS all weigh less than 25 lbs.,

have a built

- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. These sUAS named above operate in the 2.4

– 5.8 GHz frequency range which complies with FCC regulations

. Each system also has the fai lsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost; the system will automatically trigger Return to Home and will land safely.

The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line of sight o f a pilot and/or observer

and will operate at sites that are a “sufficient distance” from populated areas

within the sterile area described in the operators manual. Such operations willinsure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• When flying s UAS within 3 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full

scale aircraft.

• Maximum flight time for each operational flight will be 60 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to

t he 60 minute limit.

• The s UAS will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• The sUAS operated by the petitioner weighs l ess than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operatio ns adhere to the Reform Act's safety requirements.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Spectrum requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation o f the sUAS System:

14 CFR Part 21 , Airworthiness Cert i f i cates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we reques t an experimental certificate be issued for the DJI Phantom 2,

and the DJI Inspire 1 under either or both of the following provisions:

21.191 Experimental cert i f i cates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or

new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to

sh ow compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability

re quirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial pur pose as well. The aircraft will not carry persons or property, will not carryfuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 2 1, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each a ircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The s UAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 C.F.R. § 61.113 : Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. Further, while helpful, a pilot license will not ensure remote control piloting

skills. The risks attended to the operation of my UAS is far less than the risk level s inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Spectrum to operate my UAS to meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) &(b).

14 CFR 91.7 Prohibits the Operation of an aircraft wi thout an airworthiness cert i f i cate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requ i rements. This regulation provides tha t no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.119 Minimum safe altitudes: Genera l

. The regulation states that over sparsely populated area s the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typicalmission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer th an 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emerg ency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in grant ing the exemption.

14 CFR 91.121 Altimeter sett i ngs. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below

600 feet AGL and wil l not need to maintain cruising altitudes in order to prevent conflict

with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR cond i t i ons. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first p oint of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 12

- 45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requir ement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of inten ded landing and have at least a 20% battery

reserve after that.

14 CFR 91.203(a) & (b) Civil aircraft : Certifications requ i red. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registr ation certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." With our largest vehicle, the DJI Inspire 1

, at a maximum gross weig ht of 7 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that do cuments deemed appropriate for this aircraft by the FAA will

be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the informa tion found on

airworthiness and registration certificates be permanently affixed to the airc raft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Mainte nance,
A l terat i ons 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 personauthorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the

aircraft for return to service." The PIC will ensu re that the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking el ectrical connections and updating software and

firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in

accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Re: Exemption Request Section 333 of the FAA Reform A ct

Thank you for the opportunity to give examples as to why granting Spectrum the

re quested exemption would be in the public interest, and how it would benefit the public as a whole. Please find that following examples supporting this exemption.

1

. UAS use as an alternative to large, manned aircraft using combustible fuel in Cinema

The UAS , powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels to both the pilots aboard and people below, thereby enhancing safety and drastically diminishing the likelihood of death or serious bodily injury. The small weight and minimal payload allows for high quality aerial video at safety levels before unseen.

2. Public Good: Closed Set Cinematogra phy Spectrum can offer the same aerial videography a production is requesting without any of the danger associated with a traditional full sized manned helicopter using combustible fuel when flying over a set. GPS stabilized stationary angles and low

alti tudes, predictable flight paths with full coordination between people on the ground without need for complicated communication systems, and the ability to land safely in a comparably smaller area to a full sized aircraft all increase safety and public good . The costs of the production are drastically lowered and safety is raised. High quality aerial cinematography becomes accessible to smaller productions, facilitating market growth and public job creation.

3

. UAS use in Aerial Photography

UAS use in pho tography creates dramatic versatility never before possible. The impact of this versatility creates immediate value to small and large businesses, charity organizations, and private citizens. Small businesses would never have access to the production value of an aerial photo without great expense, usually reserved for larger corporations. Having access to this for promotion needs is a large benefit to businesses.We respectfully request exemption under Section 333 to enable Spectrum to operate

safe , low

- risk commercial s UAS operations for the activities stated. Spectrum at all times will respect the space and privacy of citizens and property whilst keeping our skies

safe.

Sincerely,

NICK RIGHI

Spectrum | Director of Photography

813.229.1212 x2 43 nick@wearespectrum.tv wearespectrum.tv