November 5th, 2015 

### U. S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE, West Building Ground Floor, Room W12-140, Washington, DC 20590 Re: Request for Exemption under Section 333 ofthe FAA Modernization andReform Act and Part 11 ofthe 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 Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, FXVideo, operator ofSmall Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal AviationRegulations ("FARs") to allow commercial operation ofits UA. FX Video is eligible for a summary exemption for aerial data collection; please reference exemption#11482. QUICK REFERENCE 

### SUMMARY Type ofUA to be flown: Rotary-Wing (Electric Multi-Rotor)


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## . I, Manufacturer: DJI Model: Inspire 1Pro Weight: 9 pounds '. The operations will be for: Aerial Data Collection
• Aerial Filming 

### & Photography ·• Mapping · ·• · • Inspections · · The Petitioner will operate under the restrictions listed•below and those inthe confidentially submitted operating manuals. · ·' The Petitioner agrees to all the restrictions in Exemption # 11784 which are listed below.

1FXVIDEO REQUESTS THAT THE PUBLICATIONAND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. 

### § 11.87. 

### § 11.87 Are there circumstances in whichFAA may decide notto publish a summary of my petition for exemption? The FAAmay not publish a summary ofyour petitionfor exemption and request comments ifyou present or we find good cause why we should not delay action on your petition. The factors we consider in deciding notto request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the reliefrequested is identical to exemptions granted previously. (c) Whether our delaying action onyour petition would affect you adversely. (d) Whether you filed your petition in a timely manner. Corresponding to the above sub-sections, FXVideo has good cause to requestthe FAA to waive the comment period and not delay action onthe petitionbecause: (a) FXVideo would not set any precedent. FXVideo agrees tothe SAME exact limitations as Exemption# 11784. (b) The reliefrequested is identical to that granted, without publication for comment, in Exemption # 11784. (c) Delayingthe granting ofthis petition would adversely affect the public, the FAA, and FXVideo. The public, as well as the FAA, would be better served by the FAA quickly grantingthis petition andthereby freeing up limited FAA resources and allowing FAA inspectors to dedicate theirtime and attentionto much higher priorities. Moreover, FX Video is adversely affected by the below listed regulations. (d) The petition has beenfiled in a timely manner. PUBLIC BENEFIT This exemption will allow commercial operations ofUA'sthat will enhance safety byreducing risk. The alternative to using a UA is to use ajetorpiston power aircraft carrying large amounts ofJetA or 100LL. Not only is the operation dangerous atthe location, the aircraft must fly to the location and backto the home airport. The UA will weigh less than 

### 55 lbs. and poweredbybatteries that eliminates most ofthe risk because no highly flammable fuel will be involved. There are no pilots onboard the UA and due to the small size ofthe UA, there is less risk posed to the public on the ground in case of an emergency. Manned airplanes and helicopters produce a large amount ofnoise pollution when operating at low altitudes that disrupts the quiet enjoyment ofthe public onthe ground. UA are much quieter and will not disruptthe public as much as manned aircraft; thus, the public will benefit from their use. Additionally, the UA has multiple motors, providing redundancy, while most manned aircrafthave only one engine. The operations ofthe UA

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### listed underthe restrictions proposed herein will provide an equivalent level ofsafety as . the Federal AviationRegulations.
.. , PETITIONER'S CONTACTINFO: Name: Email: Address: Dwight Edwards fxvideo@hotmail.com 3818 50th Ave NE Tacoma, WA 9_8422-3059 Telephone: 206-799-8358 ' 

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### REGULATIONS FROMWHICH THEEXEMPTIONISREQUESTED 14 C.F.R. § 61.23(a) and (c) 14 C.ER. § 61.101(e)(4) ai).d**(~)** 

### 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a)
. . 14 C.P.R. § 91.7(a)
. 14 C.P.R. § 91.119(c).
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### 14 C.P.R. § 91.121 14 C.P.R.§ 91.151(a)(l) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(l) 14 C.P.R. § 91.409(a)(l) & (2) 14C.P.R.**§91.417(~)&(b)** 

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### OPERATINGDOCUMENTS 'I ' '. 

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### FX Video will**opera~** 

### only,within the limitations**b~low** 

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### listed in the confidentially submitted operating manual. The limitations below, frolJl.the previously granted exemption, will be followed ifthere is a conflict with the operating manual.
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## ,, STATUTORYAUTHORITYTO GRANT TIDSPETITION

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### 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 ofthe Act that includes UAS's, from the requirement that
. all civil aircraft must have a current airworthiness certificate. "TheAdministrator may . grant a:q. exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis,section orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest." 49 U.S.C. § 44701(f). See also 49 U.S.C. § 4.4711(b). This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe FAA Modernization and Reform**A~t** 

### of2012, This law



### 3directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe FAAModernization and Reform Act. In makingthis determination, the Secretary is required to determine which types ofUA do not create a hazard to users ofthe NAS or the public orpose a threatto national security in light ofthe following:
• The UA's size, weight, speed, and operational capability; • Operation ofthe UA in close proximity to airports and populated areas; and, • Operation ofthe UA within visual line ofsight ofthe operator (VLOS).

Ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft inthe national airspace system." Id. 

### § 333(c) (emphasis added). The FAA has already established requirements for summary grants that will be further discussed below. Applicant interprets this provision to place the duty onthe Administratorto not only process applications for exemptions under section 333, but for the Administratorto craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. EQUIVALENT LEVELOF SAFETY The applicant proposes that the exemptionrequested herein applies to civil aircraft that have the characteristics and that operatewith the limitations listed herein. These limitations provide for at least an equivalent oreven higher level ofsafety to operations under the currentregulatory structure. These limitations and conditions are identical toExemption # 11784 except for the difference in aircraft. FXVideo agrees to be bound when conducting commercial UA operations. The list oflimitations and conditions include the following: 1. Operations authorized by this grant ofexemption are limited tothe Vulcan X-8; all of which weigh less than

### 55 pounds including payload. Proposed operations ofany other aircraft will require a newpetition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-setmotionpicture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles perhour). The exemption holder may use either groundspeed or calibrated airspeedto determine compliance with the 87 knot speed restriction. In no case will the UAbe operated at airspeeds greaterthan the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude ofno more than400 feet above ground level



### 4(AGL). Altitude mustbe reported in feet AGL. 5. The UA must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate or U.S. driver's license. 6. All operations must utilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO andPIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO can performthe duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations statedin this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations in this exemption and the procedures outlined inthe opemting documents, the conditions andlimitations herein take precedence and must be followed. Otherwise, the operator mustfollow the procedures as outlined in its opemting documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track suchrevisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operatormust also present updated and revised documents ifit petitions for extension or amendmentto this grant ofexemption. Ifthe opemtordetermines that any update orrevision would affectthe basis upon which the FAA granted this exemption, thenthe operatormust petition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS- 80) maybe contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight priorto conducting further operations underthis exemption. Functional test flights may only be conductedby a PIC with a VO and must remain at least 500 feet from otherpeople. The functional test flight mustbe 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 inspecting the UAS to ensure that it is in a condition for safe operation. 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 components, items, or equipment. Ifthe inspection reveals a conditionthat affects the safe opemtion ofthe UAS, the aircraft is


### 5prohibited from operating until the necessary maintenance has been performed andthe UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. EachUAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Underthis grant ofexemption, a PIC must hold either an airlinetransport, commercial, private, recreational, or sportpilot certificate. The PIC must also hold a currentFAA airman medical certificate ora valid U.S. driver's license issued by a state, the District ofColombia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft in whichthe PIC is rated on his orherpilot certificate. 14. The operator may not·permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency mustbe logged in a manner consistent with 14 CFR 

### § 61.5l(b). Flights for the purposes oftraining the operator'sPICs and VOs (training, proficiency, and experience- building) and determining the PIC's ability to safely operate the UAS in a manner consistent with howthe UAS will be operated under this exemption are permitted underthe terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. 15. UAS operations may notbe conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the currentFAA Airport/FacilityDirectory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement withthe airport management must be made availabletothe Administrator or any lawenforcement official upon request 17. The UA may notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

618. Ifthe UA loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 19. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conductthe intended operation and to operate after that for at least five minutes orwith the reserve power recommended by the manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with anATO-issued COA. The exemption holder may apply for a new or amended COA ifit intends to conduct operations that cannot be conducted underthe terms ofthe attached CO A. 22. All aircraft operated in accordance with this exemption mustbe identifiedby serial number, registered in accordance with 14 CFR part 47, and 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 operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 mustbe available to the PIC atthe Ground Control Station ofthe UAS any time the aircraftis operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give wayto all manned aviation operations and activities at all times. 25. The UA may notbe operated by the PIC from any moving device orvehicle. 26. All Flight operations mustbe conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects andthe PIC has made a safety assessment ofthe risk of operating closertothose objects and determined that it does not present an undue hazard. The PIC, VO, operatortrainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled-access property with



### 7permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorizedrepresentative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COAmust be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. Spacerail'sUA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed ofno more than 50 knots andthey have the capability to hover, and move in the vertical andhorizontal plane simultaneously. They will operate only within VLOS and only within the restrictions above and the confidentially submitted manual. Such operations will insure that the UA will "not create a hazard to users ofthe national airspace system orthe public." Given the small size ofthe UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAAmust, by exemption, allow commercial operations ofUAto commence immediately. Also, due to the size ofthe UA andthe restricted areas in whichthe relevant UA will operate, approval ofthe application presents no national security issue. Since the UA fully loaded weighs no more than 55lbs. and is operated without an onboard pilot, there is no ability orplace to carry certification and registration documents orto display them onthe unmanned aircraft. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilot flying the UA will have immediate access to them. Also, given the size ofthe unmanned aircraft, the FAA registration number will be displayed onthe airframe in as large a font as possible. 

### REGULATIONS FROMWHICHEXEMPTIONISNEEDED 14 C.F.R. 

### § 61.23(a) & 

### (c): Medical Certificates Exemption# 11221, # 11284, and many others have providedthat a U.S. driver's license could be used in lieu ofthe medical certificate provides an equivalent level of safety. 

### 14 C.F.R. 

### § 61.101(e)(4) & 

### (5): Recreational Pilot Privileges and Limitations & 

### 14 C.F.R. 

### § 61.315(a): SportPilot Limitations. Exemption# 11221, # 11284, and many others have declaredthat there is an equivalent level ofsafety as the FAR's by requiring the PIC to "hold either an airline transport, commercial, private, recreational, or sport pilot certificate." Likewise, FX Video is also performing commercial UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level ofsafety as the burdensome regulations.



### 814 C.F.R. 

### § 61.113 (a): PrivatePilot Privileges and Limitations: Pilot In Command. Sub-sections 61.113(a) limit private pilots to non-commercial operations.**Becaus~** the UA will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operatingthe aircraft to have a sport pilotlicense rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UA is remotely controlled with no living thing onboard. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness. As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will exist for determining airworthiness ofthe UA, the requirements contained inthe confidentially submitted manual andthe restrictions already agreed to will provide an equivalent level ofsafety. 14 C.F.R. § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, providedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. Because ofthe lack offlammable fuel, any risk associated withthese operations is far less than those presently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separationbetweenthese small UAS operations and the operations ofconventional aircraft thatmust comply with Section91.119. 14 C.F.R. § 91.121: Altimeter Settings This regulation requires eachperson operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"
... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may beneeded. An equivalent level ofsafety will be achieved by the operator, pursuant to following the confidentially submittedmanual. Furthermore, many otherpetitions have been granted allowing GPS to be used in lieu ofan altimeter setting. 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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." Applicant believes that an equivalent level ofsafety can be achieved by restricting

9operations to "theintended operation and to operate afterthat for atleast five minutes or with the reserve powerrecommended by the manufacturer.if.greater." Exemption.# · 11284, atpage 5. I , 

### 14 C.F.R. § 91.405 (a);§ 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): MaintenanceInspections
. , These regulations require that an aircraftoperator or.owner "shall have that aircraft inspected as prescribed in subpartE ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter''5 and others shall inspect ormaintainthe aircraft in compliance with Part43. Given that these sections and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level ofsafety will be achieved because these small UAS's are very limitedin size and will carry a small payload and operate only in restricted areas for limitedperiods oftime. Moreover, the operatoris the personmostfamiliar with the aircraft and best suited to maintainthe aircraft in an airworthy condition to provide the equivalent level ofsafety. Lastly, the petitioner will operate in accordance with the confidentially submitted manual that will provide anequivalent level ofsafety as the burdensome regulations. ' ' 

### CONCLUSION , •, I · FX Video will operate small UAS weighing less than 55 lbs., conductedunder the proposed restrictions outlined above as well as the confidentially submitted operating manual, will provide an equivalent level ofsafety supporting the grant ofthe exemptions · requested herein, )
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. , '' '·' '• Sincerely yours, 

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