Due North Productions

Mark Smith

Ph: 310

- 213

- 0790

Email: Mark@randomtv.com Address: 2204 Euclid St. Santa Monica, CA 90405

August 11, 2015

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

Re: Ex emption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 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; 14 C.F.

R. 91.1 19; 14 C.F.R. 91.121; 14CFR 91.151 (a); 14CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

Dear Sir or Madam:

Due North Productions is currently granted Exemption No. 12135 Regulatory Docket No.

FAA

- 2 015

- 1631. To date Due North Productions has filed several NOTAMS and been safely operating N556GC.

Due North Productions requests to expand operations for motion picture, television and other commercial operations that involve a closed set.

Pursuant to S ection 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R.Part 11, Due North Productions, operator of Small Unmanned Aircraft Systems (“ UAS s”) equipped to conduct aerial videography and photography for the motion picture, te levision, and commercial videography industry for closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations(“FARs”) to allow commercial operation of its UAS s, so long as such operations are conducted within

and under the conditions outlined herein or as may be established by the FAA as required by Section 333. 1

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive UAS under controlled conditi ons in the NAS that is 1) limited 2) predetermined 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements fo r the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.The name and address of the applicant is:

Due North Productions

Mark Smith

Ph: 310

- 213

- 0790

Email: mark@randomtv.com

Address: 2204 Euclid St . Santa Monica, CA 90405

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

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.15 1 (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) of the 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 of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS s do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS ’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. §333(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This
statutory a uthority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that

includes UAS s, from the requirement that all civil aircraft must have a currentairworthiness certificate. The Administrator may grant an exempti on from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections

44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §4 4704; 14 CFR §91.203 (a) (1).

Due North Productions’ UAS s are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical a nd horizontal plane simultaneously. They will operate only in line of sight and will operate only within a predetermined and closed off property area under the permission of the property representative as described

in the Confidential Motion Picture and Te levision Operations Manual, attached as Exhibit

1 (hereinafter “the Manual”). Such operations will insure that the UAS will “not create a

hazard to users of the national airspace system or the public. Such operations will insure

that the UAS will “not cr eate a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b).

Applicant submits this Confidential Motion Picture and Television Operations Manual as

a Confidential document under 14 CFR 11.35 (b) as the enti re manual contains proprietary information that the applicant has not and will not share with others. The manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Informati on Act 5 USC 552 et.seq.

Given the small size of the UAS s involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisione d that the FAA must, by exemption, allow commercial operations of UAS s to commence immediately. Also due

to the size of the U AS s and the restricted areas in which the relevant UAS s will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enh anced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS s for movie and commercial videography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respec tfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the

characteristics and that operate with the l imitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations are conducted on closed off property under the permission of the property owner or property representative.These limitations and conditions to which Due North Productions agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Fli ghts will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be less than 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the

30 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 platform from which filming is planned. 5. Minimum crew for each operation will consist of the UAS Pilot, and the Visual

Obs erver. 6. UAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of 40 hours of flight time with the UAS

. 7. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediate ly in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operatin g closer to those objects and determined that it does not present an undue hazard

. 8. A briefing will be conducted in regard to the planned UAS operations prior to each day’s production activities. It will be mandatory that all personnel involved with the operational

duties of the flight within the boundaries of the safety perimeter be present for this briefing. 9. The operator will file an FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Fligh t Standards District Office. 10.The operator will obtain the consent 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 radius may be reduced to 30 feet based upo n an equivalent level of safety

determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved. 11.The operator will file an FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the Flight Standards District Office ("FSDO"). 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. 13.The observer designated for any operation may have a class 2 medical certificate. 14.Observer and pilot will at all times be able to communicate by voice, radio, and/or text. 15.Written and/or oral permission from the releva nt property holders or property representatives will be obtained.16.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.

17.If the UAS loses communications or loses its GPS signal, the UAS will ha ve the capability to return to a pre

- determined location within the Security Perimeter and land autonomously.

18.The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited opera ting area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 ( f)) and Section 333 of the Reform Act both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated

areas of t he particular UAS . In all cases, an analysis of these criteria demonstrates that

the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventiona l aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 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 expl osive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in complian ce 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 a greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, appl ication of these same criteria demonstrates that there is no credible threat to national security posed by the UAS , due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted ," "light

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experim ental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on it s fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will

see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 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 not carry a pilot or passengers, the proposed

oper ations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the UAS

. Unlike a conventional aircraft that carries the pilot and passengers, the UAS i s 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.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person ma y operate a civil aircraft unless it is 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 of the aircraft for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety 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 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcr aft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.The UAS , given its size and configuration has no ability or place to carry such a flight

manual on the aircraft, not only 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 of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying

the UAS will have immediate access to it. Th e FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirement s, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft that is being used for flight instruction unless that a ircraft has fully functioning dual controls. UAS s and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the

aircraft via radio comm unications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither 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 safe altitudes

Section 91.119 establishes safe altitudes for operation of civil 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 authority to 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 set forth herein, the UAS will never operate at hig her than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 100' above the highest point on the structure. It will however b e operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS

as well as the location where it is operated. No flight will be taken without the permissionof the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be awar e of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presen tly presented

with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the low

- altitude operations of the UAS will ensure separation between these

small

- UAS operations and the operations of conventional aircraft that m ust comply with

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an

app ropriate altimeter setting available before departure.” T he UAS may n ot have a

barometric altimeter. The UAS does have a GPS altitude read out and an exemption may

be needed. An better than equivalent level of safety will be achieved by the operator,

pur suant to the safety check list and live flight data monitoring, that will continually

confirm the AGL altitude . This is also based on the altitude of the launch site established during preflight and 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 fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering the UAS provides approximately 10

- 30 minutes of powered flight.

To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 7.5

- 22.5 minutes in length. Given the limitations on the UAS ’s proposed flight area and the location of its propo sed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 ( allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with l ess than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size

and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for whic h the exemption will be granted.

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

10

- 29 minutes or leaving a 25% of battery power

— whichever happens first. Thisrestriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Due North Productions monitors battery power with live battery voltage monitoring and a timer of all flight operations. Similar exemptions have been granted to other operatio ns, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil a ircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authori zation issued under §91.715 is displayed at the 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 or to display them on the UAS

. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the exten t they are applicable to the UAS . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 4 09 (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 E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthi ness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook for

each UAS operated by Due North Producions . An equivalent level of safety will be

ac hieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical

issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suite d tomaintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual, as refe renced in the Aircraft OperationsManual. As provided in the Operations Manual, the operator will

ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed. Additional Views and Information

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that 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 commercially a small unmanned vehicle (55lbs or less) in motion picture, television, and commercial videography operations.

Approval of exemptions allowing commercial operations of UAS s in the film industry will enhance safety b y reducing risk. Conventional film operations, using jet or piston power aircraft, opera te at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or

other fu el (140 gallons for jet helicopters.) Such aircraft must fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel

c arried on board. The UAS is carried to the film set. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These light weight aircraft operate at slow speeds, close to the ground but under 400 feet AGL, and in a sterile environment and, as a result, are far safer than conventional flight operations conducted

with turbine helicopters operating in close proximity to the grou nd and people.

Privacy

All flights will occur over private or controlled access property with the property representative or owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed t o be in the area where filming will take place. All flights will occur in accordance with any state or local laws regarding privacy. Satisfaction of the criteria provided in Section 333 of the Reform Act

of 2012

-- size, weight, speed, operating capabilities , proximity to airports and populatedareas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the motion picture, television, and commercial videography industry.

Sincerely,

Mark H. Smith

Due North Productions

President and Lead UAS Pilot/Operator