# fsTEADY

# FLV**t\~ PRODUCTIONs** **y~-..,** ..

The Honorable Michael P. Huerta Office of the Administrator Federal Aviation Administration 800 Ind ependence Avenue SW Washington, DC 20591 July 7, 2015 David Lewis SteadyPly CEO SteadyF l y Productions, LLC

187 Tye Street
. SE Atlanta, Georgia 30316 Te l {404) 519

- 9474

The Honorable Anthony R. Foxx Offi ce of the Secretary US Department of Transportation 1200 New J ersey Ave., SE Washington, D C 20590

RE: SteadyFly s UAS P etition for Exemption Pursuant to FMRA S ec 333 and 14 CFR Part 11 Dear Administrator Huerta: SteadyFly Productions, LLC (SteadyFly) hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 112

- 95 and 14 C.F.R. Sec. 11.81 to conduct commerc ia l flights using the DJI Insp ire 1 and DJI Phantom 3 sUAS for the following applications:

• Aerial PhotogTaphy/ Aerial Videography • Closed Set Filming • Search and Rescue / Humanitarian support • News-gathering SteadyFly, therefore, seeks a request for exemption from airworthiness and t h e following specific Title 14 C.F.R. provisions:

• 14 C.F.R. P a rt 21 • 14 C.F.R. 45.23 • 14 C.F.R. 61.113(a) (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9

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• 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) • 1 4 C.F.R. 91.203 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has issued grants of exemptio n in circumstances similar in a ll material respects to those presented in this petition, specifica ll y Exemptions No. 11062 to Astraeus Aerial , 11109 to Clayco, In c., and 11213 to Aeryon Lab s , In c.; and we therefore request that om petition be granted without delay
. Additional simil ar exempt ions include (cinematography) o. 11806, 11751, 11541, 11488, 11477 , 11440 , 11401 , 11362 , and 11270 , (videography) No. 11842 , 11843, 11845, 11848, 11850 , 11820, 11822, 11825 , 11826 , 11829 , and 11833 , (search and rescu e) 11842 , 11849 , 11807, 11784, 117 87 , 117 89, 117 58, 11714, 11640 , 11558 , 11549, 11487, 11 327 , and 112 8 2 , and (news-gathering) 11845, 11760, 11406 , and 11408. SteadyFly has also provided supporting documentation to include; a General Operations l'v1anual (SteadyFly Manual) which is composed of (1) an operations manual, (2) flight manuals for each of the Steady Fly models; (3) an Operator Tr a inin g Manual , ( 4) a Maint enance and Inspection Manual , a nd (5) an sUAS motion picture and television operations manual (MPTOM). Please n ote that al l the SteadyFly Manual s (including all of the above li sted components) are clearly marked Confidential on each page and contain confidential commercial and proprietary information that Steady Fly has not and will not share with others who are not subject to a Nondisclosure Agreement (NDA). Therefore, the SteadyFly Manual (includin g all components) a re not ava il able to the public and conta in operatin g conditions, procedures and other informat ion that are protected from public release or disclosure under the Freedom of Inf ormation Act 5 USC Sec
. 552 et seq . 1 

### Company Description This sectio n responds to the specific requirements of 14 CFR Sec 11 .81. SteadyFly SteadyFly Productions is a fully hmctional production company with staff in At l anta , New York, Ch i cago , Hou sto n , and Los Angeles that produces, directs , and films aerial footage u sing a variety of sUAS ( Dron es)
. We specia liz e in providing amaz in g foot age on relatively short notic e at an affordable cost . Mailing address and other contact information. ATT J : David Lewis SteadyFl y Productions, LL C 187 Tye Street SE

Doc 10:**Oc01d953b00ddb6b473d92194e8de1bc51b008~**3 Atlanta, Georgia 30316 Email: dlew212002 @ yahoo
. com 

### 2 Relevant Statutory Authority Tlus exemption application i s expressly subm itted to fulfill Congress goal in passing Sect i on 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 ( AS) be

fore comp letion of the rulemaking required under Section 332 of the Reform Act. In making this determination , the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national secur i ty in light of the following:

• The UASs size, weight , speed, and operational capabil ity; • Operation of the UAS in close proximity to airports and populated areas; and • 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 air craft in the national airspace system. Id. §333(c). The Federal Aviation Act expressly gTants the FAA the authority to issue exempti ons. This statutory authority by i ts terms includes exempting civil a ir craft, as the te rm is defined under §40101 of the Act , that includes sUASs , from the requirement that a ll civi l aircraft must have a cmrent airworthiness certificate
. 

### 3 Qu a lification for Approva l Und er S ect ion 333 of th e R e form Act Th e proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied. The requested exempt ion would permit SteadyFly to perform commerc ial operat i ons under controlled condit ions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or controlled as to access and 4) would provide safety enhancements to the already safe operations in these industries presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportations (the FAA Administrators) responsibilities to establish requirements for the safe operation of such aircraft systems in the national a ir space system. Section 333(c) of the Reform Act. Each Steady Fly sUAS weighs 55 lb
. or less including payload. Each Steady Fly sUAS operates under normal conditions at a speed of no more than 87 knots. Each SteadyFly sUAS has the capab ility to operate in either Automatic or Manual mode as described in the SteadyFly Manual. Generally SteadyFly sUAS operations will be below an a lt itude of 400 ft. AGL, within specifi c access -restricted areas , either within Class G airspace or with the permission of the ATC, using sUAS operated by SteaclyFly

- qual ified sUAS pilots , a:nd within the visual line of sight of the operator and

Doc 10 :**Oc01d953b00ddb6b473d92194e8de1bc51b008~**4 observer. Such operations will insure that the sUAS will not create a hazard to users of the National Ai r space System or the p ub li c as per the FMRA 2012 Section 333. G ive n the s i ze of the sUAS and the operating envi ronment , this petition for exemption meets an equivalent leve l of safety, in which Congress envisioned that the FAA must , by exemption allow commercial operations of UASs to commence immediately. Also due to the size and environment, ap p roval of the appl ication presents n o n at ional secur i ty issu e. Considerin g the dear d irect i on in Section 333 o f the Ref o rm Act , the aut h ority conta i ned in the Federal Aviation Act , as amended, the equ ivalent level of safety surround ing the proposed operations, and the significant public benefit described herein, the gra.nt of the requested exemptions is a l so in the p ub l ic interest
. 

### 4 Stead yF l y D esc rip t ion o f Prop ose d Op e r at ion s SteadyFly operations will provide a level of safety that is equ iva l ent to current av iation standards
. SteadyFly safety procedures , risk assessments , and flight operations standards are described in detail in the accompanying SteadyFly Manua l. In brief, the following procedu1·es that apply during operations conducted under this exemption request , establish an equivalent level of safety (EL OS) as fo llows : 1. The sUAS will weigh less than 55 lb. 2. F lights will be operated within line of sight of a pi l ot and/ or observer
. 3. Flights will occur during daylight hours
. 4. Flights w ill occur during Visual F light Ru les Met eoro l ogical Conditions (VMC). 5. Flights will generally be operated at an a l titude of no more than 400 feet AGL and within Class G a irspace. O perations in contro lled B , C, or D a irspace will be conducted in coord i nation w it h the proper FSD O and ATC with prior permiss ion . 6
. Flights w ill be terminated at 25 % battery power reserve shou ld that occur during the operation
. 7. All SteadyF l y sUAS wi ll be U
. S. registered and d isplay marks e ither in accordance with 14 C.F.R. Part 45, Subpart C or approved alternative markings. 8. Operations will be conducted in defined regions and over property authorized for this use by the landowner. All operations will remain within the geogTaphic bo u ndaries of t h e operating area. Most oper at i ons may be con ducted wit h in the li m itat ions of the b l anket COA aut h orization provided with 333 grants as o f 3 / 23 / 20 1 5. 9
. All required permissions a.nd permits will be obtained from territorial , state , county or city jurisdictions , including l ocal law enforcement , fire , or other appropriate governmenta l agencies. 10
. The operator will obtain the consent of all persons invo l ved and ensure that only consenting perso n s will be allowed 'vv i thin 100 f eet of the flig ht operation , and this radius may be reduced to 30 feet based upon a n equ ivalent level of safety determinat ion. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day ' s activities
. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

Doc 1 0:**Oc01d953b00ddb6b 73d9** **21 de1bc51b008~** 5 12. Minimum cr ew for each operation will consist of the sUAS Pilot, the Visual O bserver , and/ or the Camera Operator. 1 3. sUAS operati ons u nder th is exempti on will be cond u cted u nder the super v i s i on of a des ignated p ilot in comman d (P I C) w h o has final respons i b il ity fo r the operation and in accor dance with 14 C.F.R. 9 1. 3
. All sUAS operators must have comp leted training on the normal, abnormal, and emergency procedures in the SteadyFJy Manual and demonstrated proficiency with the sUAS being operated. The P I C will meet at l east the minimum FAA s UAS reg u lations for licensure
. Currently, therefore , SteadyFl y P I Cs must have passed at least a sport pilot ce r tificate and hold a vali d U.S. d river 's li ce n se. 14. sUAS Pilot w ill be P i lot i n Command ( PI C). If a p il ot ce r t i ficate ho lder other than t h e sUAS P il ot , who possess the necessary P I C qual i ficat ions, is also present {i
. e. the Visual Observer) , that person can also be designated as the PIC
. 1 5. Observer and p il ot will at all times be ab le to mai ntain verbal communication, either directly or through electronic means . 1 6
. Operators and engi neers will maintain the sUAS system in a condition for safe operation according to the SteadyFly Manual and associated manufacturer's maintenance manuals, in

cl u d ing p r e-flight and post-flight i nspections. 17. T he P I C and observers will maintain situational awareness and perceive, process, and perform risk management prior to and during each operation as described in the SteadyFly Manual. The P IC 'vi ll term inate the operation in acco rdan ce w ith the SteadyFly Manual i f hazards that cannot be acceptab ly mitigated are observed
. 1 8. sUAS will safe l y stop operating and either retu rn home or auto-land at a safe location along the fl ight path if the control link is lost
. 1 9. For each sUAS, the PIC will have the ability to force a controlled landing at any time
. Op e rat i ons for the purpos e of clo s ed-s e t motion picture and t e levision filmin g and production
. 1. The SteadyFly sUAS specific motion picture and televis ion operations manual (M P TOM) will app ly to closed-set mot ion picture and te levision ope r ations conducted u n der the exempti on . 2
. At l east 3 days before aerial filming , SteadyFly w ill submi t a written Pl an of Activ i t i es to the loca l F light Stan d ards Di st rict Office (FSDO) wi th j ur i sd iction ove r the area of proposed fi lming. T he plan of act i vities will incl u de the following:
• Dates and times for all flights. • Name and phone number of the SteadyFly point

- of

- contact for the UAS aerial filming to be conducted. • Name and phone number of the person responsible for the on - scene operation of the UAS
. • Mak e, model, a n d seria l or -Number of UAS to be used
. • Name and certificate number of UAS PICs invo lved in the aerial filming.

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• A statement that SteadyFly has obtained permission from property owners and/ or local

officials to conduct the filming prod u ction event; the list of those who gave permission must be made available to the inspector upon request . • Signature of SteadyFly CE O or rep resentative
. • 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 and the altitudes essential to accomplish the ope ration. 3. Flight operations may be conducted closer than 500 feet from participat ing persons consenting to be involved and necessary for the filming production , as specified in the SteadyFly sUAS :tviPTO:tvl. I n addition to the above, SteadyFly has implemented a Safety Management System. The SteadyFly Safety Manager is respons i ble for conducti n g safety a u d its , investigat ion s, a n d i nspections a n d i s author i zed to stop or prohibit any activity or operations wh ich is cons idered unsafe
. Full details are available in the Steady Fly Manual. 

### 5 Regulations From Which Exemption is Requested 5.1 Part 61 , Certification: Pilots , Fli g ht In structor s , and Ground In s tructor s Ext e nt of R e li e f P art 61, all sections
. Rea s on fo r R e lief Because the UAS will not carry a p il ot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have at least a sport pilot ' s license rather than a commercial pilot ' s license to operate these sUAS. Equivalent Level of Safety Unlike a conventional a ir craft that carr i es the p il ot and passengers, the sUAS is remotely contro ll ed w i th no liv ing thing on board
. The area of operation is contro ll ed and restricted, and all fl ights are planned and coordinated in advance as set f orth in the G O M
. The leve l of safety prov ided by the requirements included in the GOM exceeds that provided by a single individual holding a commercial pilot ' s certificate operating a conventional aircraft
. The risks associated with the operation of the sUAS are so dim inished from the level of risk assoc iated with commercial ope r at ions contemp lated by Part 6 1 when drafted , that allow ing operations of the sUAS as requested w ith a sport pilot certificate as the PIC exceeds the present level of safety achieved by 14 C
. F.R. §61.113 (a) & (b). 

### 5 .2 61.113 Private pilot privileges and limitations: Pilot in command. Extent of Relief Relief from requirement to possess a private or commercial pilot's license for aerial work such as aerial survey and mapping
.

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### Rea s on fo r R e li e f §61.113 (a) stipulates that a ho lder o f a private pilot cert ificate may not act as a pilot in command of an aircraft for compensation or hire; (b) states that a private pilot may act as PIC if the flight is incidenta l to business and does not carry passengers o r prope rty. Furthe rmore , N

- 8900
. 227 "Unman ned Aircraf t Systems (UAS) O perational Approval" parag r aph 16(c)(2)(c) "Operat i ons without a p il ot certificate" states that a operations which conform to said paragraph may be performed by a PIC that does not possess a private pilots license but that has completed FAA private pilot ground instruction and passed the FAA Private Pilot written test . In addition, there is no means currently of obtaining a commercial rating for UAS
. Thus, we requ ire rel ief in order to perform aer ial work. 

### Publi c B e nefit As described above , the public benefit includes exponential economic growth, enhanced safety , and improved precision agriculture capabilities. 

### Equiva lent Leve l of S a fe t y O ur operations fullfill all the requirements in N

- 8900.227 1 6(c) (2) (c) for operat i ons without a private pilots license
.



### 5.3 91.7 Civil a ircraft airworthiness. Ext e nt of R e li e f 91.7 , a ll prov is ion s. 

### Reason for Relief Should the exemption be granted al l owing commercial operation of the sUAS without an airwor

th iness cert ificate, no standard will ex ist for airworth iness of the sUAS
. 

### Equivalent Level of Saf e ty Given the size and weight of these aircraft and the requirements contained in the G O M, an equivalent level of safety will be achieved by insuring comp l iance with the sUAS user manuals prior to each fl ight
.



### 5.4 91.119, Minimum safe a lti t ud e s : Genera l. Extent of Relief Section 91.119 establishes safe altitudes for operation of civil aircraft
. 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated a reas, and the a irc raft may not be ope r ated closer than 500 feet to any person, vessel , veh icle, o r st ru cture .

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### R eas on for R e li ef To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In addition, due to the nature of the proposed operations , the PIC and the observer may at times be less than 500 feet away from structures during the operation
. 

### Equivalent Le ve l of Safety The equivalent level of safety will be achieved g i ven the size , weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner or local officials
. Because of the a dv ance notice to the property owne r and partici pants in the ae ri al act i v ity, a ll affected individuals will be aware of the plan n ed flight operat ions . Compared to flight operations w ith aircraft or rotorcraft weigh in g far more than the maximum 55lbs. described above and the lack of flammable fuel , any risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or be low 500 AGL in other industries. I n addition , the low-altitude operations of the sUAS will ensure separation between these s UAS operat i ons and the operations of conventional aircraft that must comply with Section 91.119.



### 5.5 91.121 Altimet e r S e tting s Extent of Relief §91.121 

### Reas on for R e li e f As the sUAS may not have a barometric altimeter , but instead a GPS altitude read out, an exemption may be needed. 

### Equivalent Le ve l of S afety An equivalent leve l of safety will be ach i eved by the operator, pursuant to the GOM and the Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight
.



### 5.6 91.151, Fu e l requirements for fli g ht in VFR co ndition s. Extent of R e lief §91.151, all provisions
. 

### Reas on for Relief The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, in cl udin g todays longest endur ance platf o rms, are un able to meet th i s requirement because of l imited max flight times.

Doc 1 0:**Oc01d953b00ddb6b473d92194e8de1bc51b008~**9 Equi va le n t L eve l of S a fety An equivalent leve l of safety can be achieved by limi t i ng fl ights for the sUAS accord i ng to the safety limitations described in the GOM. This restriction would be more than adequat e to return the sUAS to i ts p l anned landing zone from anywhe re in i ts limited o p erating area.



### 5
. 7 91.405, 91.407 , 91.409, 91.417 Inspection and Maintenanc e Programs Extent of R e lie f §§91.405 , Maintenance required; 91.407, Operation after maintenance, preventive maintenance , re building , or alteration; 91.409, Inspections; and 91.417, Maintenance records
. R eas on for R e li e f The part 91 provis i ons are not applicable to a sUAS of the described weight class. Fm·thermore, FAA certified mechanics for sUAS do not at this present time exist , so full compliance is not possib le . The sUAS flown are modular and as such entire components including engines and propell ers are minor rep lacements rathe r than ma j or repairs. F inall y, continuous minor a l te rat ions and payload reconfigurat ions of sUAS a r e designed and r equ i r ed for the operation o f sUAS and do not n egatively impact airworthiness
. Equivalent Level of Safety I nspectio n and maintenance manual s are u sed to maintai n the sUAS in airworthy conditio n . Each sUAS is main tain ed accor d in g to t h e manufacturer standard or higher by technic i ans proficient in the bu il ding, repair , and ma intenance of the sUAS
. I nspection and Ma intenance manuals ut ilized contain all aircraft

- re levant items as described in (43 Appendix D (Scope and Detail of Items)
. Maintenance records are maintained in the Operations Database; either online on the Skyward Platform , and are there f ore immed iately aud itab le by r egulators on d emand, or as other wi se determined by Steady Fly
. Finally, manuals will be submitted to the loca l FSDO ASI or other appropri ate FAA d ivision d irect l y . 

### 6 Public Intere st SteadyFly believes that the enhanced safety achieved using a sUAS with the specifications described in this petition and supporting documents and by carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions carrying crew in addition to flammab le fuel , gi ves the FAA good cause to find that t h e UAS operations enab l ed by this exempti on are in the public interest
. The outputs of safe, reliable, and regu latory compliant operations of sUAS prov ide economic benefits hi storica lly unparalleled since the invention of flight , benefitting stakeholders at every lev el , both public and private. Law fu l , safe aerial robotics op eratio n s will create new high-tech employment that will stim u late city a n d state governme nts; improve i ndustr ies , create new small and large

Doc 10:**Oc01d953b00ddb6b473d92 94e** **de1bc51b008~**10 businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first-responder capabi lities. 

### 7 Pri v ac y All flights will occur over pri vate, lim i ted, or restricted-access areas with the property owners prior consent and knowledge. Operations will be conducted by trained crew and all other individuals will either be a part of the operation or consent to be present at the time of operations. 8 

### Fe d e ra l R eg is t e r Summa ry 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), 61.133(a); 9 1. 7 (a); 91.9 (b) (2); 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 sUAS for commercial use. 

### 9 

### Conclus ion SteadyFly seeks this exemption to conduct commercial operations using sUAS within restricted

access areas in the NAS. Without this exemption, sUAS innovation will be suppressed , the pub lic economic benefits der ived from increased sUAS deve lopment will be den ied, and the Congress ional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operational characteristics are compliant with those described in the FMRA and FAAs guidance for Sec 333 exemptions. SteadyFly respectfu lly requests that the FAA grant its petition for exemption from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at exemption @skyward.io if you have any questions or concerns. Very Respectfully Yours ,

# ~~ David Lewis Steady Fly CEO

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