# Rupprecht Law P. A.
324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

April 12 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear S ir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Precision Aerial Filmworks, Inc. , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Feder al Aviation Regulations ("FARs") to allow commercial operation of its UA. Precision Aerial Filmworks, Inc. is eligible for a summary exemption for film/television production because the company wants to conduct operations for “photography for motion picture, television, and the c ontent creation industry for scripted closed set filming.”
QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown :

o DJI S9 00 (previously granted in Exemption # 11280 ).

o Cinestar 8 (previously granted in Exemption # 11284).

o Vulcan Raven x8 (A2 flight controlle r has been previously granted in Exemption # 11252 and the x8 airframe configuration has been granted in Exemption # 11062. )

 The manuals for all three UA have been placed in the docket.

 The operations will be aerial video and “ photography for motion picture, television, and the content creation industry for scripted closed set filming. ” This is e xactly as Exemption # 11284.

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below. However, if the reviewer is able under a summary petition, we ask to be granted the battery reserve restrictions in Exemption # 11062 (“Each UAS operation must be completed within 302

minutes flight time or with 25% battery power remaining, whichever occurs first.”) instead of Exemption # 11 284 (“intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.”)

. If evaluating the alternativ e 25% reserve restriction would ca u se delay in granting the petition
, we immediately agree to the 5 minute reser ve from Exemption # 11284 that is listed below. Based upon the FAA’ s recent guidance, this petition is eligible for summary exemption an d should be granted immediately. Precision Aerial Filmworks, Inc. requests that the publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87 which states : § 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comment s if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief requested is ident ical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, Precision Aerial Filmworks, Inc. has goo d cause to request the FAA to waive the comment period and not delay action on the petition because:
(a) Precision Aerial Filmworks, Inc. would not set any precedent. Precision Aerial Filmworks,
Inc. agrees to the SAME exact limitations and aircraft (Cinestar 8) as Exemption # 11284 , except w e are p roposing to additionally operate a DJI S9 00 which has been evaluated previously and granted in Exemption # 11280 and the petitioner ’ s Vulcan Raven x8 uses the same flight controller (A2) that has been previously approved in Exemption # 11252. The x8
aircraft configuration has been granted in other exemptions s uch as Exemption # 11062

. (b) Precision Aerial Filmworks, Inc. agrees to the SAME exact limitations as Exemption # 11284

.3

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and Precision Aerial Filmworks, Inc. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Precision Aerial Filmworks, Inc. is adversely affected by the above listed regulations.
(d) The petition has been filed in a timely manner.

Petitioner’s contact info:
Precision Aerial Filmworks, Inc. A ttn: Keith Colodny Phone: 561

- 623

- 5305 Email: keith@pafilmworks.com Address: 4440 PGA Blvd. Suite 600, Palm Beach Gardens, Florida 33410
Rupprecht Law, P.A. Attn: Jonathan Rupprecht Phone: 561

- 222

- 6979 Email: jon@jrupprechtlaw.com Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401
Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)
This exemption application is expressly submitted to fulfill Congr ess' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 . This law directs the Secretary of4

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 FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of UA 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 UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 1

I f 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). 2
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority 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 current
airworthiness certificate.
“The Administrator may grant an exemption 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 Adm inistrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).

OPERATING DOCUMENTS
Precision Aerial Filmworks, Inc. will operate only within the limitations below and the
limitations listed in the DJI S 900 user manual , the C inestar 8 manua l, and the Vulcan Raven x8 manual.
If there is a conflict between the documents , the limitations below from the previously granted exemption will take precedence over any manual.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

1 FAA Modernization and Reform Act of 2012 at § 333(a). 2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator t o craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.5

The applicant proposes that the exemption requeste d herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure.

T hese limitations and conditions are identical to Exemption # 11284 except for the difference in
aircraft

. Precision Aerial Filmworks, Inc. agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exem ption are limited to the DJI S9 00 , Cinestar 8 , and
the Vulcan Raven x8 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.
2. Operations for the purpose of closed

- set motion pic ture and television filming are permitt ed.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per ho ur). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at a irspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more t han 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision u naided by any device other than corrective lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s
license.
6. All operations must utilize a visual observer (VO). The UA must be operated wi thin the visual line of sight (VLOS) of the PIC and VO a t all times. The VO may be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. Th e VO and PIC must be
able to com municate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his6

or her designation for the duration of the flight. The PIC must ensure tha t the VO can perform
the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in
accordance with the conditions and limit ations stated in this grant of exemption, are hereinafter referred to as the ope rating documents. The operating documents must be accessible during UAS opera tions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outli ned in the operating documents, the conditions and limitations herein take

p recedence and must be followed. Otherwise, the operator must follow the procedur es as outlined in its operating documents. The operator may update or revis e its operating
documents. It is the operator’s responsibility to track such revisions and present updated and
revised documents to the Administrator or any law enforce ment official upon request. The operator must also present updated and revised document s if it petitions for extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis upon which the FAA g ranted this exemption, then the operator must petition for an amendment to its gr ant o f exemption. The FAA’s UAS Integration Office (AFS

80) may be contacted if quest ions arise regarding updates or revisions to the operating
documents.
8. Any UAS that has undergone maintenance or alteration s that affect the UAS operation or flight character istics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further o perations under this exemption. Functional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet f rom other people. The functional test f light must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecti ng the UAS to ensure that it is in a condition for safe op eration.7

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment . If the inspection reveals a condition that affects the safe operat ion of the UAS, the aircraft is prohibited from operating until the necessary mainten ance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufa cturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comp ly with all manufacturer safety
bulletins.

13. Unde r this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certif icate. The PIC must also hold a current FAA airman
medical certificate or a valid U. S. driver’s license issued by a state, the D istrict of Colombia, Puerto Rico, a territory

, a possession, or the Federal government. The PIC must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The oper ator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner cons istent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate
di stances from persons, vessel s, vehicles and structures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs and VOs (training, proficiency, and experience

building) and d etermining the PIC’s ability to safely operate the UAS in a manner consistent
wi th how the UAS will be operated under this exemption are permitted under the te rms of this exemption. However, training operations may only be conduct ed during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons8

not essential for flight operations are considered nonparticipants, and the PIC must operate
the UA with appropriate distance from nonparticip ants in accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are n ot authorized.
16. The UA may not operate within 5 nautical miles of an a irport reference point (ARP) as denoted in the current FAA Airport/Facility Dire ctory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the exemption holder. The letter of agreement with the airport ma nagement must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 500 fee t below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses co mmunications or loses its GPS signal, the UA must return t predetermined location within the private or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from begin ning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the
manufactur er if greater.
21. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations
shall be conducted in accordan ce with an ATO

- issued COA. The exemption holder may apply for a new or amend ed COA if it intends to conduct operations that cannot be conducted
under the terms of the attached COA.9

22. All aircraft operated in accordance with this exempti on must be identified by serial number, registered in accordance with 14 CFR part 47, an d have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe oper ation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be availa ble to the PIC at the Ground Control Station of the UAS any time t he aircraft is operating. These documents must
be made available to the Admin istrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned av iation operations and activities at
all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all no nparticipating 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 acc ident. The operator must ensure that nonparticipating persons remain under such pr otection. If a situation aris es where nonparticipating persons leave such protec tion and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and
b. The owner/controller of any vessels, vehicles or structu res has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.
The PIC, VO, operator trainees or essen tial persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controlle r or authorized representative. Permission from prop erty10

owner/controller or au thorized representative will be obtained for each flight to be
conducted.
28. Any incident, accident, or flight operation that trans gresses the lateral or vertical boundaries of the operational area as defined by the applicable C OA must be reported to the FAA's UAS Integration Office (AFS

- 80) with in 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

F or the purpose o f closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and telev ision operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the opera tor of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Stan dards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notifica tion may be waived with the
concurrence of t he FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights;
b. Name and phone number of the operator for t he UAS aerial filming conducted under this grant of exemption ; c. Name and phone number of the person responsibl e for the on

- scene operation of the UAS;
d. Make, model, and serial or N

- Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operato r has obtained permission from property owners and/or local officials to conduct the filming prod uction event; the list of those who gave permission must be made available to the inspector upon request;11 g. Signature of exemption holder or representative; a nd
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted an d the altitudes essential to accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

STATUTORY CRITERIA PROVIDED IN SECTION 333
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 the parti cular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) o perating with an airworthiness certificate without the restrictions and conditions proposed.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registratio n documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Given the size
of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.
14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES Exemption # 11221 , # 11284, and many other s have provided that a U.S. driver’s license
could be used in lieu of the medical certificate.

14 C.F.R. § 61.101( e )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14 C.F.R. § 61.315( a ): S PORT P ILOT L IMITATIONS
.12

Exemption # 11221, # 11284, and many others have provided that the “PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise, Precision Aerial Filmworks, Inc. is also performing commercial UAS work and is asking for t he same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.
14 C.F.R. § 61.113 (a) : P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND
.
Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's
license rathe r than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on
board.

14 C.F.R

. § 91.7( a ): C IVIL A IRCRAFT A IRWORTHINESS
. Exemption # 11280 previously determined that a DJI S 9 00 should not be required to have an airworthiness certificate based upon the authority of Section 333 of the FAA Modernization and
Reform Act of 2012

. Exemption # 11284 also determined the same for the Cinestar 8 . The Vulcan
Raven x8 uses the same flight controller (A2) that has been previously approved in Exemption #
11252. The “ x8 ” aircraft configuration , which the Vulcan Raven uses, has been granted in other exemptions such as Exemption # 11062. Therefore, none of the aircraft require an airworthiness certificate based upon the FAA ’ s previous det erminations.
14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES 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 prescrib ed for helicopters by the FAA.
Because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented wi th conventional aircraft operating at or below 500 AGL. In13

addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTINGS 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 appropriate altimeter setting availab le before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the operating manuals.

14 C.F.R. § 91.151( a ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS 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."
Applicant believes that an equivalent level of safety can be achieved by restricting operations to “be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first.” Exemption # 11062 , at page 27.
If, however, the ab ove limitations are not satisfactory to the Administrator, the petitioner is prepared, in the name of expediency, to accept limiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising s peed) “ there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. ” Exemption #
11284 , at page 5

. 14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); § 91. 417(a) & (b): M AINTENANCE
I NSPECTIONS 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 in14

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter" 3 and
others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved bec ause these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the
aircraft i n an airworthy condition to provide the equivalent level of safety.

CONCLUSION: The operation of Precision Aerial Filmworks, Inc. using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the e xemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.

3 14 C.F.R. § 91.405(a).