Petition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.



## To the Federal Aviation Authority (FAA) 800 Independence Avenue. S.W. Washington, D.C. 20591
Dusan Tatomirovic, d.b.a. Fort Bay Studios, in accordance with the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 333, hereby requests exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (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), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). I support my request with the following information: Fort Bay Studios (FBS), plans to operate an Unmanned Aerial System (UAS), the DJI Phantom 3. UAS is comprised of an unmanned aircraft and a transportable ground station. The DJI Phantom 3 is referred to as a quad-copter with a maximum gross weight of about 1.3 kilograms. It is equipped with four rotors that are driven by electric motors powered by a battery. The quad-copter has a maximum airspeed of 16 m/s. Technical specifications, as provided by the manufacturer, are enclosed as Exhibit 1. The quad utilizes a high definition camera. Fort Bay Studios, is a media and content production company based out of Marina, California. FBS offers clients comprehensive video production services and produces documentary films, commercials, as well as on-line and social media content. FBS plans to operate the UA at videography shoots throughout the United States to enhance production value and media quality. I state that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333). I request an exemption from § 45.23 Marking of the aircraft because this UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, I state that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, I state that I will mark his UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f). I state that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, I state that as a safety precaution I will perform a preflight inspection of his UAS before each flight as outlined in my operating documents.

Page 1of3pagesPetition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.



## UAS Pilot in Command (PIC): I assert that under § 61.113 (a) and (b) private pilots are limited to noncommercial operations, however I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry any pilots or passengers. Further, I state that, while helpful, a pilot license will not ensure remote control piloting skills. I further indicate that the risks of operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. Regarding UAS operational training, I state I have flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this UA's performance under different temperature and weather conditions. I further state that I will practice computerized simulated flights to maintain adequate skills and response reflex time. UAS Operating Parameters: I will abide by the following additional operating conditions under this exemption: • operate my UAS below 100 meters altitude, relevant to the terrain, and within a radius distance of 500 meters from the controller to both aid in direct line of sight visual observation; • operate the UAS for 5-10 minutes per flight; • land my UAS prior to the manufacturer’s recommended minimum level of battery power; • operate my UAS only within visual line of sight (VLOS); • use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; • conduct all operations under my own personal and flight safety protocols contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance my safety protocols; • contact respective airports if operations will be within 5 miles to advise them of my estimated flight time, flight duration, elevation of flight and other pertinent information; • always obtain all necessary permissions prior to operation; and • have procedures in place to abort flights in the event of safety breaches or potential danger. I state that § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. I assert that since there is currently no certificate applicable to my operation, this regulation is inapplicable. I state that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. I further indicate an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station. I state that § 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. I state that

Page2of3pagesPetition by Fort Bay Studios for exemption to operate an unmanned aircraft in the National Airspace System, under Section 333.



## I will not operate this UAS at the altitude exceeding 100 meters above ground level (AGL) and will also only operate it in a manner safe to the public and not interfering with traffic, thus providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. I assert that given the size, weight, maneuverability, and speed of my UAS, an equivalent or higher level of safety will be achieved. I indicate that § 91.121 Altimeter settings is inapplicable since my UAS utilizes electronic GPS/GLONASS positioning with a barometric sensor.
Public Interest I state that aerial video photography and photography for brands, events, and television has been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost-prohibitive. Business License is enclosed as Exhibit 2. Granting this exemption to Fort Bay Studios would allow our company to provide this service at a much lower cost. Further, I would like to indicate that my small UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. Also, I will maintain adequate liability insurance as specified by California regulations, or will adjust the coverage if necessary when operating in other parts of the country. Certificate of Liability Insurance is enclosed as Exhibit 3. I would also like to state that the operation of my UAS will minimize ecological damage and promote economic growth by providing information to companies or individuals looking to relocate or build in the area of Monterey County, California.

Dusan Tatomirovic d.b.a. Fort Bay Studios (www.fortbaystudios.com) 189 San Pablo Ct., Unit 11 Marina, CA 93933 fbs@bits.net (831) 204-8401
Exhibit 1: UAS Specifications Exhibit 2: Business License copy Exhibit 3: Liability Insurance Certificate

Page 3of3pagesDATE (MM/DD/YYYY) 

# CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX

PHONE (A/C, No): (A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B :

INSURER C : INSURER D : INSURER E : INSURER F : 

### COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR INSR POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS POLICY NUMBER LTR (MM/DD/YYYY) (MM/DD/YYYY) INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTED CLAIMS-MADE OCCUR $

PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY LOC PRODUCTS - COMP/OP AGG $ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $

(Ea accident) BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS (Per accident) AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $ OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $

$ DED RETENTION $ PER OTHWORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)



### CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE



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Dusan Tatomirovic 189 San Pablo Ct Unit 11 Marina, CA 93933



### A X 2,000,000 

### X X 6012275400 07/16/2015 07/16/2016 

### 300,000

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### X 4,000,000

The State of California, including its agencies, departments, officers, agents, employees and servants is named as additional insured with respect to general liability as required by written contract.

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