West Chambless

T: +1 404 219 7843

west@soaringcinema.com

August 17 , 2015

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

R e: Exemption Request Section 333 o f the FAA Reform Act and Par t 11 of the Federal Aviation Regulations from 14 C.F.R. 21, 14 C .F.R. 4 5.23 (b)

, 14 C

. F.R. 61.113 (a) & (b )

, 1 4 C .F.R. 91.7 (a)

, 14 C.F.R . 91.9 (b) (2)

, 14 C.F.R. 91.103 (b)

, 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. 91.203 (a) & (b)

, 14 C.F.R. 91.405 (a)

, 14 C.F.R. 9 1.407 (a) (1)

, 14 C.F.R. 91.409 ( a) (2)

, 14 C.F.R. 91.417 ( a) & ( b ).

Dear Sir or Madam:

Pursuant to Section 333 of th e F AA Modernization and Reform Ac t of 2012 (the Reform Act) and 14 C.F.R. Part 11, Soa ring Cinema LLC, operato r o f Small Unmanned Aircraf t Systems ( “sUASs”) equ ipped to conduct a erial v id eography and p h o tograp hy f o r the motion picture, television and commerci al video graphy industry , survey ing for d evelopment, agriculture inspection & aer ial mapping , hereb y applies for an exemption from th e listed Feder al Aviation Regulations (“FARs”) to allow commerc ial o p eration of its sUASs so long as such oper ations are co n ducted within and u nder the conditions

o utlin ed h erein or as may be established b y the FAA as required by Section 333. As described more fully below

, the requested exemption would p ermit the operation

o f small, unmanned and rel atively inexpensive sUAS s u n d er controlled conditions in the National Airspace System ( NAS ) that are 1 ) limited 2) p r edetermined 3) c o n t r o l l e d as t o a c c es s

. Approval of this exemption woul d thereby enhance safety and ful fill the Secretary of Transportation’s (the FAA Administ rator’s) respo nsibilities
to “...establish requir ements for the safe operation of such aircraft systems in the national airspace system.” Section 3 33(c) of the Reform Act.

The name and address of the applicant is: Soaring Cinema LLC A TTN : West Chambless Address: 1045 Kentucky Avenue NE Atlanta, Georgia 30306 Ph: 404-219-7843 Email: west@soaringcinema.comRegulations from which the exemption is requested:

14 C.F.R. 21 Subpart H 1 4 C .F.R. 45.23 (b) 1 4 C .F.R. 61.113 (a) & (b) 1 4 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 (b) 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. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill Co ngress’ goal in passing Section 333 (a) through (c) of the R eform Act. This law directs the Secretary of Transportation to consider wheth er certain unmanned aircraft syst ems may operate safely in the NA S before completion of the rulemaking required under Section 33 3 of the Reform Act. In making this determinati on, the Secretary is required to determine which type s of UASs do not create a hazard to users of the NAS or t he p ublic or p ose a threat to

n ati onal security in light of th e following:

• The UAS’s size, weight, s peed and operational capability

• Operation of the UAS in close proximity to airports and popu lated areas

• Operation of the UAS within vi sual line

- of

- sight of the oper ator

.

R eform Act § 333 (a). Lastly, if the Secretary d etermines that such vehicles “may

o p erate safely in the national ai rspace system, the Secretary s hall establish requirements f o r the s afe o peration of such aircraft in the national airspac e system.” Id

. § 33 3 (c)

. Th e Federal Aviation Act expres sly grants the FAA the author it y to issue exemptions. This statutory author ity by its terms includes exemp ting civil aircraft, as the term is d efined under §40101 of the Act, that includes sUASs, fr o m the requ irement that all civil aircraft must have a c urrent airworthiness certificat e.

The Administrator may grant an exemption from a requirement of a regulation
p r escribed under subsection (a) or (b) of this section or any se ctions 44702-44716 of this title if the Administrator fi nds the exemptio n in the public in terest. 49 U.S.C. § 44701 (f) S ee also 49 U.S.C. § 44711 (a)

, 49 U. S.C. § 44704

, 14 C.F.R. § 91.203 ( a) (1).Soaring Cinema' s sUASs are rotorcr aft, weighi ng 50 or fewer pounds ( lbs. ) including

p ayload. They ope rate, under normal conditions

, at a sp eed of no more than 40 knots and have the capa bility to hover and move in the vert ical and horizontal plane s imultaneously. They will operate only in li ne

- of

- sight and wil l operate only within a predetermined and closed off property area under the permission o f the property representative. Such

o p erations will insure t hat the sUAS will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 33 3 (b).

All of our sUAS aircraft are pr o f essionally assembled by Quadro copter LLC (www.quadrocopter.com). They all us e the Cinestar 8 airframe ma nu factured by FreeFly Systems which is a multi-rotor o cto copter made mostly of carbo n fiber with small amounts of plastic and uses both s teel and aluminum fasteners. The airframes of our copters vary slightly in size d epending on the length of b o o m a rms, propellers and legs

. Th e minimum width/dia meter of our copters is 1 1 3

. 0 cent imeters and the max imu m is 1 4 1 .0 centimeters. The minimum height is 45.0 centim eters and th e maximu m is 50.8

cen timeters. All of our sUAS aircraft use flight control boards, navigatio n al control boards, power distribution bo ards and GPS s y stems manufactured b y MikroKopter ( www.mikrokopter.de) . All MikroKopter hardware i s mounted exactly the same in each sUAS aircraft and each set of sUAS hardware i s programmed according to specifications set by MikroK opter and Quadrocopter using Mik r o Kopter software. For control of the sUAS aircraft

, we empl o y r adio systems manufactur ed by Gr aup ner (www.graupner.de) th at utilize the 2.4 GHz frequency band and p r o vide telemetry back to the operator d etailing importa nt status readi ngs/notification s/warnings. All of our sUAS aircraft weigh between 9 to 10 pounds (flight ready) and hav e a maximum p aylo ad of 15 pounds. Therefore, the maximum weigh t at which any of our sUAS air craft could be flying is 2 5
p o u nds. The payload we car ry is a camera g imbal with a camera mounted that is used for f ilmin g . A camera gimbal is a mount for cameras that allow s remote control of pan and tilt that is independent of the sUAS movement. T he camera gimbals operate r e motely

u sin g the 2.4 GHz frequency band and also transm it a video signal o n the 5.8 GHz f r eq u en cy b and to the Gimbal Operator (not the sUAS Operator).

Our sUAS aircraft s ha ve a maximum speed of 45mph (roughly 40 kno ts). We have set l ower limits for our maximum s p e e d s d epending on payload: 40mph for payloads of 10
p o u n d s o r l e s s , 3 5 m p h f

o r any payloads higher than 10 pounds. S ince our sUAS aircraft s are helicopters

, they can hover in the air so they have a minimum airspeed of zero. Most operation of the sUAS aircraft wi ll re quire speeds between 0 an d 25mph and faster speeds will only be used when ope rating in wide-open areas with n o obstacles.

R a di o control of the sUAS aircr aft operates u s i n g the 2.4 GHz freq uency band. Radio
cont rol of the gimbal operates using the 2.4 GHz frequency band. Video tra nsmission from the gimbal operates using the 5.8 GHz frequency band.Giv en the small size of the sUAS s involved and the restricted sterile environment within

which they will operate, the A pplicant falls squarely within that zone of safety (an
eq u ivalent level of safety) in w hich Congress envisioned that the FAA must, by

ex emption, allow commercial opera tions of UASs to commence imme diately. Also due to the size of the s UASs and the r estricted areas in which the r elevant sUASs will

o p erate, approval of the application pres ents no national security issue

. Given the clear direction in Section 333 of the Reform Act , the authority contained in th e Federal Aviation Act, as amen ded

, the stron g equivalent level of safety surrounding the proposed operations and the significant public benefit, including enhanced safety, reducti o n in environmental impacts, including reduced emi ssions associated with allowing s UASs for movie and commercial videography operations, the grant in g of the requested exe mptions is in the public interest. Accordingly, the A pplicant respectfully request s that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Th e ap p licant proposes that the exemption requested herein apply to civ il aircraft that h av e the characteristics a nd that operate w ith the limitat ions listed herein. These limitations provide for at least an equivalent or even higher leve l o f safety for

o p erations under the cu rrent regulatory structure becau se the proposed ope rations are conducted on closed off prop erty with restr icted access and used with the pe rmission of th e property owner o r

property representative.

Ou r normal operations will be outside of fiv e (5) miles from an y airport. If we are asked to operate within five ( 5) mile s of an airport we will co ntact the airport's manager and control tower with all fligh t pl ans, as well as the FAA throu g h o u r normal filing of a Form 7711-1 (or its equivalent) w ith the appro p riate Flight Standards District Office ( FSDO ) . Only upon approval of o ur flight plans from all en tities wi ll we agree to, and conduct, an y operation within five (5) miles of an airport.

These limitations and conditions to which Soaring Cinema LLC agrees to be b ound when conductin g commercial operations under an FAA issued exe mption include:

1. The sUAS will weigh no more than 50 lbs. 2. Flights will be operated within line

- of

- sight of a pilot and

/or observer. 3. Maximum total flight time fo r each operational flight will b e 20 minutes. Flights will be terminated at 30% battery pow er reserve should that occu r prior to the 20 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or not more than 200 feet above an elevated platfor m from which filming is p lanned. If a structure being filmed or photographed has a he ight which exceeds 400 feet AGL, the s UAS will not exceed 100 feet in height above th e highest point on that structure. 5. Minimum crew for each operatio n will cons ist of the sUAS Pil ot and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC). The PIC will have a minimum of 40 hours of flight time with the s pecific sUAS equipment Soaring Cinema LLC operates. The experience of the PIC will be certified by Soaring Cinema LLC through background checks and, if nec essary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Pri vate Pilots (Test Code: PAR or PRH). Soaring Cinema LLC will maintain f

light logs of all PICs it employs and provide full tran sparency to the FAA regarding the logs and records of these PICs.7. Flights will be operated at a lat er al d istance of at least 100 feet from any inhabited

str u ctur es, buildings, vehicl es, vessels or people not associated with the operation or who have not signed a waiver i n advance of the operation. 8. A briefing will be conducted in regard to the planned sUAS o perations prior to each day’s production activities. It will be m andatory that all personnel involved with the operational duties of the fli ght within the boundaries of t he safety perim eter be present for this briefing.
9.

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the

r equested exemption, with the a ppropriate local FSDO

. The operator will obtain the c onsent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this

r adius may be re duced to 30 feet based upon an equ ivalent level of safety determination. With the advanced permission of the relevant FSDO, op erations at closer range can be approved. 11. PIC and Visual Observer will be trained in the opera tion of the specific sUAS equipment used by Soaring Cinema LLC and will receive up-to-date information on the particular sUAS to be operated. 12. The PIC designated for any opera tion will have at least a C lass 2 medical certificate. 13. Visual Observer a nd PIC will

, at all times

, be able to commun icate by voice, radio and/or text. 1 4

.

15.

16. If the sUAS loses communica tion with the PIC or loses its G PS signal, the sUAS will have the capability to return to a pre-determined location within the Security Perimeter and land autonomously. 17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather or emergencies. Wr itten and/or oral permission f rom the relevant property h olders or property representatives will be obtained. All required permissions and permits will be o b tained fro m territorial, state, county or city jurisdictions, including lo cal law enforcement, fire or other appropriate
g o v ernmental agencies.

14 C.F.R. Part 21, Subpart H: Airw orthiness Certificates 14 C.F .R. §91.203 (a) (1)

Subpart H, entitled Airw o rthiness Certificates, establishes the p r o cedural requir ements for the issuance of airworthi ness certificates as required by F AR §91.203 (a) (1). Given th e size and limited operating ar ea associated with the aircraf t to be utilized by th e Ap p licant, an exemption from Pa r t 21

, Subpart H meets the r equ ir ements of an equivalent level of safety und er Part 11 a nd Sectio n 333 of the Reform Act . The Federal Aviation A ct (49 U.S.C.§44701 (f)) and Sec tion 333 of the R eform Act bot h authorize the FAA to e xempt aircraft from th e require ment for an airworthiness certifi cate upon consideration of the size, w eight, speed, operational cap ability and proximity to airports and populated areas of the particular sUAS. I n all cases, an analysis of these criter ia d emo n str ates that the sUAS operated without an airworthiness certificate, in the

r estricted environment and under th e conditions proposed

, will be at least as saf e, or safe r, than a conventional aircraft (fixed wing or rotorcr af t) operating with an airworthin ess certificate without the restrictions and con d itions proposed.The sUAS to be operated hereunder is 50 lbs. or less fully load ed, carries n either a pilot

n o r p assenger, carries no explosiv e materials or flammable liqu id fuels and operates exclusively within a secured are a. Unlike other civil aircraft, operations under this exemption will be tightly contro lled and monitored by the PIC and will operate under the requirements and in com pliance with local public safety require ments, to provide security for the area of operation as is now done with conventional film ing. The FAA will have advance notice of all operations. These safety enhancements, wh ich already apply to civil aircraft operated in connection w ith motion picture and televis ion production, provide a great er degree of safety to the public and property owners than conventional operations co nducted with airworthiness cer tificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these sam e criteria demonstrates that th ere is a reduced threat to national security posed by the s UAS due to its size, speed of o peration, location of operation, lack of explosive materi als o r f lammable liquid fuel s and inabilit y to carry a substantial external load compared to that of standard pilot-operated aircraft

.

1 4 C.F.R. § 45.23 (b) : Marking of the Aircraft

The regulation requires:

When marks include o n ly the Roman capital letter "N" and the

re gistration number are displayed on limited, r estricted or light-sport

ca tegory aircra ft or experimental or provisionally certificated aircr aft, the operator must also dis play on that aircraft near each entrance to the cabin, cockpit or pilot station, in letters no t less than 2 inches nor mor e than 6 inches high, the words "limited", "restricted", "light-s port", "experimental" or "provisional", as applicable. Even though the sUAS will have no airworthiness certificate, an exem ption may be needed as the sUAS will have no en trance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sU AS, two-inch lettering will be impossible. Th e word “E xperimental” will be p laced on t he fuselage in compliance with §45.29 (f).
The equivalent level of saf ety will be provided by having the s UAS marked on its fuselage as required by §45.29 (f) w here the pilot, observer, a nd others working with the sUAS will see the identification of the sUAS as “Experimental”. The FAA has issued the following exemptions to this regul ation as Exemption Numbers 10 700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Privat e Pilot Privileges and Limi tations ; Pilo t in Command

Sections 61.113 (a) & (b) l i m i t p r ivate pilots to non-comm ercia l operations. Because the sUAS will not carry a pilot or passengers, the p roposed operati ons can achi eve the equivalent level of safety of c urrent operations by requiring t he PIC operating the aircraft to have no less than 40 hours of fli ght time with the specific sUAS equipment Soaring Cinema LLC operates. The experience of the PIC will be certified by Soaring Cinema LLC through background checks and, i f necessary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH).6RDULQJ&LQHPD//& will maintain flight logs that conform to FAA specifications of all

PICs it employs and provide full transpar ency to the FAA regarding the logs and records of these PICs. The PIC designated for any operation will have at least a Class 2 medical certificate. The risks associat ed with the operation o f the sUA S are so diminished from the level of risk associated with commercial operations contemp lated by Part 61 when drafted, that allowing operations of the s UAS by a PIC meeting t he standards of Soaring Cinema LLC (listed above) exceeds the prese nt level of safety achieved by 14 C.F.R. § 61.113 (a) & (b).

Unlike a conventional aircraft t hat carries the pilot and passengers, the sUAS is remotely controlled with no living thi ng on board. The area of operation is controlled and restricted and

a ll f lig h ts ar e planned and coordinated in advance. C urrently there are no
p ilo t licenses that are speci fic for s UAS operators and no curr ent FAA san ctioned pilot license of any type requires tr aining with and knowledge of s U AS equipment greater than the requirements Soaring Cinema LLC u ses to ce rtify its PICs. Theref or e, the

r eq u ir emen t of any available FAA san ctio ne d p ilo t license to opera te a sUAS does not make a PIC a more competent operator than o n e mee ting the requirements of Soarin g C inema LLC. Our company hopes the FAA d e velops a new Pilot License specific for UAS and sUAS commercial o peration, one tha t sets high stan dar ds on the quality of
p ilots and incre ases the professionalism o f o u r emer ging industry. If the FAA does this, Soar ing Cinema's PICs will be so me of the first to file for these licenses. Our co mpa ny would also be happy to work with th e FAA to help develop the standards for new licenses and any other regulations th e FAA is d ev elo p ing for UAS op eration.

14 C.F.R. § 91.7 (a): Civil A ircraft A irworthiness

The regulation requires that no pe rson may operate a civil airc raft unless it is in airworthy condition. As there will be no air worthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exis t for determ ining airworthiness. Given the size of the aircraft for ma intenance and use of safety check lists prior to each flight (summaries listed below), an equivalent le vel of safety will be provided. Summarized Saf ety Checklists:

1. Aircraft: All adjustment points will be checked for tightne ss; all motors and props will be inspected; all wiring will be double checked ; all systems will be powered up and checked for errors. 2. Battery: Confirmation will be m ade that batteries are fully charged and installed/connected properly. 3. Calibration: Pre-flight moto r/gyro calibration followed by confirmation of no errors with the flight and navigation systems will be performed

. 4. Transmitter: Confirm radio transmitter has sufficient charg e and is both working properly and receivi ng telemetry from the sUAS; co nf irm all switches are in pre-flight mode. 5. Surroundings/Flight Area: Conduc t one last visual inspectio n of the take-off surroundings and area of airspace sUAS will be operating i n. Confirm all people in the surrounding are as are associated with the fi lming being done.6. Take-off Announcement: Before motors are started the PIC wi ll announce to a designated Representative (p erson of authority) of the fil m crew that sUAS is ready to take-off. Only after the Representative has notif ied all persons within the surrounding areas and confirmed to PIC that they have clear ance to lift-off, will th e motors be started and the s UAS will conduct its o peration. 7. Test Flight: A test

flig ht will be co nducted: after any dis assembly/reassembly

, after replacement of any moto rs or flight el ectronics

, aft er any pre-flight or in flight equipment errors that occur not resulting from envi ronmental conditions

, very first thing of any comme rcial operations day before f ilming begins

, if there

are any concerns about environmental conditions and potential issues with the flight path.

14 C.F.R. § 91.9 (b) (2): Civil Air craft Flight Manual in the A ircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-re gistered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is av ailable in the aircraft a cur rent approved A irplane or Rotorcraft Flight Manual, approved manual materia l, markings and placards or any combination thereof.

The sUAS, given its size and configuration has no ability or pl ace to carry such a flight manual on the aircraft, not onl y because there is no pilot on b oard but because there is no

room or capacity to carry suc h an item on the aircraft.

The equivalent level of safety will be maintained by keeping th e flight manual at the ground control point where the PIC flying the sUAS will have im mediate access to it. The FAA has issued the followi ng exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 956 5, 9565B, 10167, 10167A, 10602, 328 27 and 10700.

14 C.F.R. § 91.103 (b) : Pref light A ction

This regulation requires each pilot in command to take certain action s 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. The PIC will take all action s including reviewing weather, flight battery requir ements, landi ng and takeoff distances and aircraft performance data before initiation of flight.

Prior t o the first flight of the day, after transport of sUAS a ircraft to a different location,

o r if the PIC d etermines the sUAS equipment is not functioning properly, an inspection of the following things will take place by the PIC: - All adjustment points on sUAS wil l be checked for tightness.

- All stress points will be ins pected for signs of damage or dist ress. - All motors and propellers will be inspected. - All wiring and connections will be checked.

- All systems will be powere d up and checked for errors. - All batteries will be inspect ed for any damage or sign s of di stress.

- Confirmation will b e made that batteries are fully charged and installed/connected
p r operly.- Confirm r adio transmitter: has suffi cient charge; that all sw itches are in pre-flight

mo d e ; is both working properly and r eceiving telemetry from t he s UAS.

- Conduct pre-flight motor/gyr o calibration f o llowed by confirm ation of no error s with the flight and navigation systems. - Upon completion of all other pr e-flight inspection tasks, a t est flight will be conducted
to confirm all systems are working properly and there ar e no er rors or signs of prob lems with operation of th e sUAS equipment.

Once all of these tasks have been successfully completed

, the sU AS aircraf t will be d etermined airworthy b y the PIC . If any of these tasks are not able to be completed, then the sUAS will not be airworthy unti l appropriate maintenance is d o n e and the PIC successfully completes anoth e r pre-flight inspection.

14 C.F.R. § 91.109: Flight I nstruction
Section 91.109 provides that no pers o n may operate a civil airc raft (except a mann ed free balloon) that is being used f o r f light instruction unless th at aircraft has fully functionin g d u al controls

. sUASs and remotel y piloted aircraft, by their de sign

, do not have fully f u n ctio n al d

u al controls. Flight

control is accomplish ed

thr ou g h the use of a control box that communicates with the aircr aft via radio communications. T h e FAA has approved exemptions for flight traini n g without fully functional dual co ntrols for a number of aircraft and for flight instruc tion in experimental aircraft. S ee Exemption Nos. 5778K & 9862A. The equivalent level of s afety is provided by the fact t hat n either a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. § 91.119: Minimum S afe A ltitudes

Section 91.119 establishes safe altitudes for operation of civi l aircraft. Section 91.119 ( d) allows helicopters to be oper ated a t less than the minimums pres cribed provided the
p erso n operating the helicopter com plies with any r oute or alti tudes prescribed for helicopters by the FAA. As this ex emptio n is f o r a sUAS that is a helicopter and the exemption requests auth ority to operate at altitudes up to 4 0 0 feet AGL or not more than 2 0 0 f eet above an elevated platform from wh ich filming is plann ed, an exemption may be

n eeded to allow such oper atio n s. A s set forth h erein, the sUAS will never operate at higher than 400 feet AGL with the exception that in circumstanc es where the sUAS is

u sed to survey or ph o tograph a structure whose height exceeds 4 00 feet AGL, the s UAS will no t be operated more th an 100 feet above the highest point on the stru cture. It will

, however

, be operated in a restricted area with sec urity p erimete r where building s an d people will not be exposed to ope rations without their pre-obtained consent. Th e equivalent level o f safety will be achieved given the size, weight, speed of the sUAS

as well as the location where i t is operated. No flight will be tak en without the p ermission

o f th e p r o p erty owner or local officials. Because o f th e advance notice to the property

o wn er and participants in the filming activity, all affected in dividuals will be aware of the
p lan ned flight operations. Compa red to flight operations with a ircraft or rotorcraft weig hing far more than the maximum 50 lbs. proposed herein and the lack o f flammable f u el, an y risk

associated with the se operations is f ar less than those presented with conventional aircraft opera ting at or below 500 AGL in the movie industry. In addition, the low-altitude o p erations of the sUAS will en su re s eparation between these s UAS

o p erations and the opera tions of conventional aircraf t that must comply with Section 91.119.14 C.F.R. § 91.121 : Altimeter Settings

This regulation requires each pe rson operating an aircraft to maintain cruising altitude by reference to an altim eter that is set “...to the elevation of t he departure airport or an appropriate altimeter setting ava ilable before departure.” As th e sUAS may not have a b arometric altimeter but inste ad a GPS altitude read out, an e xemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight dat a monitoring, confirming the alti tude of the launch site shown on the GPS altitude indi cator before flig ht.

14 C.F.R. § 91.151 (a): Fuel Requirem ents for Flight in VFR Con ditions

Section 91.151 (a) prohibits an i ndividual from beginning “a fli ght in an airp lane under VFR conditions unless (considering wind and forecast weather co nditions) there is enough fuel to fly to the first point of intended landing and assuming normal cruising speed – (1) During the day, to fl y after that for at least 30 mi n utes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS pr ovides no more than 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, s UAS flights would not be possible due to the reserve requi rement being equal to the maxim um flight time. Given the limitations on the sUAS’s pr oposed f light area and the loca tion of its proposed

o p erations within a predetermined area, a longer timeframe for f light in daylight or twilight VFR conditions is reasonable.

Applicant believes that an e xemption from 1 4 C.F.R. § 91.151 (a ) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lo ck h eed Mar tin Corporation to

o p erate without compliance w ith FAR 91.151 (a)). Operating the sUAS

, with less than 3 0 minutes of reserve fuel, in a tightly contro lled area where only peopl e and property owners or official representatives who hav e signed waivers will be allo wed d oes not lead
to the type of risks that Section 91.151 (a) was intended to alleviate given the size and
sp eed of the sUAS. Ad d itionally, th e limitations creat ed by this requir ement for sUAS flights would essentially make null any utility for which the exemption will b e granted.

Applicant believes that an equiva lent level of safety can be ac hieved by limiting flights to 20 minutes or 30% of battery power — whichever happens first. Th is restriction would be more than adequate to return the sUAS to its planned landing zo ne from anywhere in its limited operating area.

Similar exemptions have been gr anted to other operations, includ ing Exemptions 2 6 8 9F, 5745, 10673 and 10808.14 C.F.R. § 91.203 (a) & (b): Carryi ng Civil Aircraft Certifica tion and Registration

The regulation provides in pertinent part:
(a) Except as provided in § 91.715, no person may operate a ci vil aircraft unless it has within it the following:

(1) An appropriate and current a irworthiness certificate. . . .

(b) No person may operate a civ il aircraft unless the airworth iness certificate required by paragraph (a) of this section or a special f light authorization issued under §91.715 is disp layed at the cabin or cockpi t entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 50 lbs

. and is operated without an onboard
p ilot. As such, there is no ability or pl ace to carry certifica tion and r egistr ation d ocu ments or to display them on the sUAS.

An equivalent level of safety will be achiev ed by keepin g these do cuments at the ground control point where the PI C flying the sUAS will have immedia te acces s to them, to the

ex ten t th ey are applicable to the sUAS. The FAA has issued nume ro us exemptions to this regulation. A representative sam p le of other exceptions includ es Ex emptio n Nos. 9 56 5, 9665, 9789, 9789A, 9797, 97 9 7 A, 9816A and 10700.

1 4 C. F. R. § 91.405 (a) , 407 (a)(1) , 4 0 9 (a)(2) , 41 7 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “s hall 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 sec tion, have discr epancies repaired as prescribed in part 43 of this ch apter...,” and others shall ins pect or maintain the aircraft in compliance with Part 43.

Given that these sections and P art 43 apply only to aircr aft wi th an airworthiness certificate, these sections will not apply to the A pplicant. Ma intenance and inspections will be done in accordance with the sUAS Manufacturer's Manual and will be performed b y employees of Soaring Cinema LLC following the gu idelines and practices provided to us by the sUA S Manufacturer. An equivalent level of safety will be achieved because these sUASs are very limited in size an d will carry a small payload and operate only in

r estr icted areas for limited period s of time. If mechanical issues arise

, the sUAS can la nd immediately and will be operatin g from no higher than 400 f eet AGL. The PIC will
ensure t hat the sUAS is in working o rder prior to initiating flight, perform required maintenance and keep a log of any mai ntenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to main tain the aircraft in an airworthy condition to prov ide the equivalen t level of safety.Additional Views and Information

Our sUAS aircraft consist of Cin estar 8 airframes, MikroKopter electronics (flight, power, navigational, and GPS c ontrol boards), and Graupner radio control systems. Each of these components has their own manual, and these manuals hav e been submitted with this petition . Here is a list of the m anuals f or your reference:

- Cinestar_8_Manua l.pdf = Airframe - Flight_Ctrl_Board_Manual.pdf = MikroKopter Flight Control B oard - GPS_Board_Manual.pdf = MikroKopter GPS Board - Graupner_GR24_Rx_Manual.pdf = Graupner Receiver - Graupner_MX20_Tx_Manual.pdf = Graupner Transmitter - MikroKopter_Tool_Manual.pdf = M ikroKopter software for inte rfacing with boards - MK_Tool_Settings_Manual.pdf = How to program boards with Mi kroKopter Tool - Navigational_Board_Manual.pdf = MikroKopter Navigational Co ntrol Board - Power_Dist_Board_Manual.pdf = MikroKopter Power Distributio n Board

Soaring Cinema LLC has realized the amazing benefit s sUAS equipment can provide to the film and televisi on industries. It not only provid es new cinematography capabilities but als o increased safety ove r current and past p ractices that used larger and more dangerous equipment. Our c ompany wants to have the highest levels of safety and professionalism and one thing ess ential to this is achieving a path to commercial licensing with the FAA. We believe this will help reduce unsafe practices, discourage improper uses and improve p ublic perception. The commercial ma nufacture and use of sUAS equipment will create more jobs for the United States and h elp boost the economies in many sectors and we want to help the FAA in creati ng regulations that will allow incorporation of UAS devic es into our country's airspace for commercial use.

Pursuant to 14 C.F.R. Part 11, th e following summary is provide d for publication in the Federal Register, should it be dete rmined that publication is n eeded: Applicant seeks an exempti on 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 )

, 1 4 C.F.R. § 91.7 (a)

, 1 4 C.F.R. § 91.9 (b)( 2 )

, 1 4 C

. F.R. § 91.103 (b ) , 14 C.F.R. § 91.109

, 14 C.F.R. § 91.119 , 14 C.F.R. § 91.12 1 , 14 C

. F.R. § 91.151(a )

, 1 4 C

. F.R. § 91.203 ( a ) a n d ( b )

, 1 4 C

. F

. R

. § 9 1

. 4 0 5 ( a )

, 1 4 C

. F

. R

. § 91.407 (a)(1)

, 1 4 C

. F

. R

. § 9 1

. 4 0 9 ( a)(2)

, 14 C

. F

. R

. § 91

. 409 (a)(2) and 91.417 (a) & (b) to ope r a t e c o m m e r cially a small

u n m anned v ehicle (50 lbs or le s s ) i n m o tion pictur e , t e l e v i s i o n a n d

c o m m e r c i al v i d eography ope r a t i o n s

. Privacy

All flights will occur over private or controlled access proper ty with the property representative or owner’s prio r consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. All flights will occur in accordance w ith any state or local laws regarding privacy.The o p eration of small UASs, w eigh ting less than 50 lbs., condu cted in the strict conditions outlined above, will p rovide an equivalent level of safety supporting the grant of the exemptions requested herei n , including exempting the A pp licant from the

r equirements of Part 21 and allowi ng commercial operations. These lightweight aircraft operate at slow speeds, close to the ground and in a sterile env ironment and

, as a r esult, are far safer than conventiona l operations conducted with jet or piston power aircraft

o p erating in close proximity to the ground and people.

Satisfaction of the criteria provided in Section 333 of the Refor m Act o f 2012 - size, weight, speed, operating capabilitie s, proximity to airports an d populated areas and operation within visual line

- of

- sig h t

- p r o vide more than adequate justificatio n for the
g r an t in g o f the requested exemptions allowin g commercial operation of A pplicant’ s sUAS equipment in the motion picture, television a nd commercial video g raphy industry , surveying f

o r development, agr iculture inspection & aerial mapping

.

Sincerely,

West Chambless Soaring Cinema LLC Owner and Operator Approval of exemptions allowing c ommercial operations of sUASs in the film industry will enhance safety by reducing r isk. Conventional film operati ons, using jet or piston power aircraft, operate at extrem ely low altitudes just feet fr om the subject being filmed and in extreme proxi mity to peopl e and structures and present risk s associated with vehicles that weigh in the nei ghborhood of 4,000lbs. and carrying large amounts of jet A

or other fuel (140 gallons for jet he licopters)

. Such aircr aft mus t fly to and from the film location. In contrast, a sUAS w eighing fewer than 50 lbs. and p owered by batteries eliminates virtually all of tha t risk given the reduced mass an d lack of combustible fuel carried on board. The sUAS is car ried to the film set. The sUAS w ill carry no
passengers or crew and therefore, will not expose them to the risks assoc iated with manned aircraft flights.