April 2 7 , 20 15

Petition for Exemption to Operate Small Unmanned Aircraft Systems for

Closed

- Set Motion Picture and Television Production

FAA Regulatory Docket

NAME AND ADDRESS OF PETITIONER

Delaney & Newton, Inc. (dba Southern Aero Cam )

Attn: William A. Newton

3103 Tecumseh Court Missouri City, TX 77459

I. PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and

the Federal A viation Administration’s general exemption authority under 49 U.S.C. § 44701(f), Delaney & Newton, Inc. (dba Southern Aero Cam ) (“Petitioner”) hereby petitions for exemptions from the following regulations:

14 C.F.R. Part 21, Airworthiness Certification

14 C.F.R. § 91.103(b)(2)

, Preflight action ;

14 C.F.R. § 91.105

, Flight crewmembers at station s;

14 C.F.R. § 91.109, Flight Instruction;

14 C.F.R. § 91.119, Minimum safe altitudes ;

14 C.F.R. § 91.121

, Altimeter settings ;

14 C.F.R. § 91. 151 Fuel requirements for flights in VFR conditions ;

14 C.F.R. § 91.405

, Maintenance required;

14 C.F.R. § 91.407

, Operation a fter maintenance;

14 C.F.R. § 91.409

, Inspections ;

14 C.F.R. § 91.417, Maintenance records.The proposed exemptions, if granted, would allow Petitioner t o operate small, Unmanned Aircraft Systems (UAS ) weighing 55 pounds or less for the purpose of

closed

- set motion picture and television production

.

The Petitioner seeks to operate the following Small UAS Models :

DJI F550 Hexicopter. This Small UAS has a maximum takeoff weight of

2 .4. Kilograms (5.5 lbs). Its dimensions are 31 inches in diameter and 9 inches in height. It is powered by s ix battery

- powered electric motors arranged in a hexagonal configuration and controlled by a NAZA V2 Flight

Controller and GPS module . It has a maximum speed of les s than 50 knots. Its maximum altitude and horizontal distance from the takeoff point can be

software restricted . It is programmed to return to the takeoff point in the

event of a lost link event.

DJI S1000 Octocopter. This Small UAS has a maximum takeo ff weight of 11.0 Kilograms (24 lbs). Its dimensions are 56 inches in diameter and 16 inches in height. It is powered by eight battery

- powered electric motors arranged in a n octagonal configuration and controlled by a NAZA Wookong

- M Flight Controller and GPS module. Its maximum altitude and horizontal distance from the takeoff point can be software restricted. It is programmed to return to the takeoff point in the event of a lost link event.

Based on the small size and limited operating area of Petitioner’s UAS, the qualifications and experien ce of Petitioner’s UAS operator , and the controlled environment within which Petitioner will operate, the requested exemptions fall squarely within the zone of safety envisioned by Congress and set forth in Section 333. Additionally, the enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no

passengers, crew or fuel and operated under the specific guidelines and procedures

pro posed by Petitioner gives the FAA good cause to find that the UAS operations enabled by this Petition are in the public interest and the requested exemptions should be granted.II. STATUTORY AUTHORITY

A. Section 333

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the National Airspace System (NAS ). Section 333(a) states that the

FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by

section 334 of this Act.”

Section 333(b) identifies several facto rs that the FAA should consider in determining whether commercial UAS operations should be approved. These include UAS that, “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national security.” See Section 333(b).

III. PETITIONER’S PROPOSED OPERATIONS SATISFY SECTION 333.

A. Unmanned Aircraft System s

The UAS to be operated under this request have a gross weight of less than 55 lbs.

, will be operated at a speed of no more than 100 mph (87 knots) , carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate

exclusiv ely within a secured area. Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with Federal Communications Commission (FCC ) requirements, and Petitioner has integrated safety features into the UAS, as described in Petiti oner’s Multi Rotor Operations Manual. Petitioner’s UAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in

- flight failure s. If a lost

- link event occurs

, Petitioner’s UAS have the ability to return to a predetermi ned location for landing. The UAS further have the ability to abort a flight in the event of unpredicted obstacles or emergencies. All flights will be terminated with at least 25% remaining battery power

.

Petitioner’s UAS will be identified b y serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable

.Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 C.F.R. Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 C.F.R. Part 11 and Section 333.

Petit ioner ’s flight operations, if permitted, would offer an equivalent or greater level of safety to that of a conventional aircraft with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed

limitations and co nditions.

Petitioner will strictly comply with safety and maintenance procedures included in all applicable UAS manufacturer’s instructions and operating manuals. To the extent such information is not included in the guidelines developed b y the

manufactu rers, Petitioner will develop and document maintenance, overhaul, replacemen t, and inspection requirements and procedures and maintain

maintenance records.

B. UAS Pilot in Command

Petitioner’s UAS pilot in command (PIC) holds a Private Pilot certificate with an Airplane Single Engine Land rating. Petitioner’s PIC also possesses a current Third Class Medical Certificate and Biennial Flight Review endorsement

.

The UAS PIC has accumulated and logged more than 25 hours of total tim e as a UAS rotorcraft pilot with more than 10 hours logged as a UAS pilot with a similar UAS type (single blade or multi

- rotor).

The UAS PIC has accumulated and logged more than five hours of flight time with the specific make and model of the UAS to be utilized for operations under the exemption. To maintain currency the UAS PIC must have performed three

takeoffs and landings in the same make and model in the preceding 90 days.

Prior to operating, the PIC will be required to pass the knowled ge and airmanship test qualifications developed by Petitioner for the UAS

. Petitioner will conduct these tests in accordance with its operations manuals.

In certain operations in which the PIC uses a video monitor for flight reference,

p etitioner’s operations will utilize a visual observer (VO ). The VO will be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights in whic h a separate visual observer is needed

.Regarding Petitioner’s requested reli ef from 14 C.F.R. § 91.103 , Petitioner will comply with the other applicable procedures and requiremen ts stated in § 91.103

. Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff requirements before initiation of a flight. The PIC will also account for all relevant

site

- specific conditions in their preflight procedures

.

C. Operating Parameters of Petitioner’s UAS

Petitioner’s UAS operations will be conducted within the e nvironment of closed

set

. In this controlled environment, Petitioner’s operations will remain within

VLOS of the PIC and VO, below 400 feet AGL, and at speeds below 87 knots. Only participating persons will be permitted within the operating area.

Petitioner requests relief from 14 C.F.R. § 91.119 (b) and (c) with respect to those participating persons, vehicle s, and structures directl y involved in the production

. Regarding distance from participating persons, the operations manuals set forth safety factors for authorized and consenting production personnel. Because those procedures are specific to participating persons, no further FSDO or aviation safety inspector approval is necessary for reductions to the distances specified in

Petitioner’s manuals.

Regarding the distance from nonparticipating persons, Petitioner will ensure that no persons are allowed withi n 500 feet of the operating area except those consenting to be involved in the production . This distance may be reduced in the event that the nonparticipants are sufficiently shielded by structure or obstacle.

Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of agreement with that airport’s management is obtained in advance

. Additionally, Flight Operations will

not be conducted w ithin the following distances from airports or heliports:

• 5 nautical miles (NM) from an airport having an operational control

tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

• 2 NM from an airp ort without a published instrument flight procedure or an operational tower; or

• 2 NM from a heliport with a published instrument flight procedurePetitioner will not operate the UAS less than 500 feet below or less than 2,000 feet horizontally from a clo ud or when visibility is less than 3 statute miles from the

PIC.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities a t all times

.

D. The Requested Exemption Promotes the Public Interest

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with smal l UAS carrying no passengers, crew or fuel and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by

this Petition are in the public interest.

V. CONCLUSION For the foregoing reasons, the regulatory exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations for the purpose of closed

- set motion picture and television production

.

Respectfully submitted,

William A. Newton III Delaney & Newton, Inc. (dba Southern Aero Cam )