Private and Confidential

3 Axis Films, Alameda, California ­ Section 333 Exemption Petition

01/18/2016

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590

Re​: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2);

91.417(a)&(b)

Dear Sir or Madam, I, Brandon Rowe (3 Axis Films), am writing pursuant

to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14

C.F.R. 11, to request that I, Brandon Rowe (3 Axis Films), an owner and

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations

(“FARs”) listed below so that I, Brandon Rowe (3 Axis Films), may operate

my small ultra lightweight unmanned aircraft system (“UAS”) in commercially regulated

airspace by the Federal Aviation Administration (“FAA”).

Following exemption and approval by the FAA, I, Brandon Rowe (3 Axis Films), will primarily

use my professionally built DJI Inspire 1 UAS equipped with cameras for the following

applications:

● Aerial Photography / Aerial Videography

● Electronic Newsgathering

● Closed Set Filming
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My, 3 Axis Films’s, exemption request would permit the operation of ultra lightweight, unmanned

(i.e. piloted by remote control) UAS’s for the development of community and government use

videos, permissible within property boundaries for individual homeowners and within in tightly

controlled, limited airspaces predetermined in areas away from the general public, airports,

heliports and vehicular traffic. Currently, similar lightweight, remote controlled UAS's are legally

operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent

catastrophe. Furthermore, it is my intent to assist future FAA safety protocols and regulations

exclusive to lightweight UAS's for specific video and photography usage by sharing information

with the FAA as I, 3 Axis Films, record flight data and other pertinent information gained through

permitted flight operations.

In addition, granting my, 3 Axis Films’s, exemption request will comply with the Secretary of

Transportation’s (FAA Administrator’s) instructions to not only integrate UAS's into the national

airspace system, but to “...establish requirements for the safe operation of such aircraft systems

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the

use of UAS's for real estate/Realtor purposes, educational videos, Search and Rescue,

land/trusts inspections, agricultural field monitoring, film/video productions, closed­set motion

picture film operations and television, and structure inspections, to aid state and local agency’s.

Further I, 3 Axis Films, will conduct my operations in compliance with the protocols described

herein or as otherwise established by the FAA. For the reasons stated below, I, 3 Axis Films,

respectfully request the grant of an exemption allowing me to operate ultra lightweight, remote

controlled UAS’s to aid academic community awareness, to benefit/stimulate attraction to the

Bay Area and beyond, and to enhance personal and public video feeds. A grant that will

ultimately allow UAS’s to play a more positive role in our local community by increasing

employment opportunities, heightening security measures and decreasing government

expenditures by reducing the need for heavier manned aircraft, containing costly, combustible

fuel­ a potential public hazard in and of itself.

I. Contact Information:

Brandon Rowe

3 Axis Films

875­A Island Dr. Ste. 172

Alameda, CA 94502

(510) 421­9139

brandon@3axisfilms.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

3 Axis Films Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

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14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

III. The Extent of relief 3 Axis Films Seeks and the Reason He Seeks Such Relief:

I, 3 Axis Films , submit this application in accordance with the Reform Act, 112 P.L. 95 §§

331­334, seeking relief from any currently applicable FARs operating to prevent me, 3 Axis

Films, contemplated commercial cinematic, academic and other flight operations within the

national airspace system. The Reform Act in Section 332 provides for such integration of civil

unmanned aircraft systems into our national airspace system as it is in the public’s interest to do

so. My, 3 Axis Films’s, ultra lightweight UAS meets the definition of “small unmanned aircraft” as

defined in Section 331 and therefore the integration of my ultra lightweight UAS is expressly

contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the

time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

Thereby, providing direct experience and valuable information for formal regulation that can be

administered uniformly to all related UAS aerial video and photography. The Reform Act guides

the Secretary in determining the types of UAS's that may operate safely in our national airspace

system. Considerations include: The weight, size, speed and overall capabilities of the UAS's;

Whether the UAS will be operated near airports or heavily populated areas; and, Whether the

UAS will be operated by line of sight. 112 P.L. 95 § 333 (a).

Each of these items reflect in favor of an exemption for me, 3 Axis Films. My UAS’s utilize six (6)

or less rotating propellers for balance, control and stability. My UAS’s are equipped with the

following via video and data telemetry:

1) Altimeter

2) Attitude indicator

3) Ground Speed indicator

4) Magnetic compass

5) Heading indicator

6) Vertical speed indicator

7) Course deviation indicator

8) Radio magnetic indicator

9) GPS location

10) Battery consumption and Battery Left with approximate time.

11) Loiter and circle mode.

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12) Auto safety or RTL ( Return To Launch)

13) Auto landing technology.

Each UAS weighing less than thirty (35)​pounds (far below the maximum 55 pound limit);

Including camera(s) with or without gimbal (a camera stabilizer). I, 3 Axis Films, considers safety

as foremost with each flight. My small unmanned aircraft is designed to hover in place, circle in

a specific place or loiter via GPS and can be operated in winds up to 20 knots (23mph) wind.

For safety, stability and fear of financial loss I will not fly in winds exceeding 21.7 knots (25

mph). Built in safety systems include a GPS mode that allows my UAS to hover/circle in place or

land when radio controls are released.

With three (3) modes to choose from, I will fly with the modes safest to complete the videos for

aerial videography/photography and have the ability to choose the safest, most reliable and

stable mode to prevent accident and hazard. When pilot communication from the radio

control is lost, UAS is designed slowly descend to point of takeoff and or to land at point of

launch after ascending to a pre­set altitude to ensure the UAS will clear any obstacles that

may be between the takeoff point and the current position of the UAS. This failsafe altitude

will not be set more than 200ft and is determined before each flight.

I, ​3 Axis Films, will not operate my UAS near airports, hospitals nor police heliports, and do not

operate near areas where general public is within fifty to one hundred (50­100) yards depending

on location, conditions and weather. I am constantly on alert for any manned aircraft

(police/medical helicopters, etc.) and prepared to land/abort immediately to the nearest and

safest ground point should a manned aircraft approach my location or I suspect manned aircraft

may approach near my location. My UAS’s are capable of vertical and horizontal operations,

and is flown only within my line of sight, as the remote control pilot. My UAS's are also flown

with a second operator who aids in watching for any obstacles, including manned aircraft, within

the flight zone of the UAS. Utilizing battery power rather than combustible fuels, flights generally

last between three (10) to fifteen (25) minutes, with an altitude under one hundred fifty (150)

feet. (3 )Smart Mode includes, position hold, self­leveling, altitude command, GPS, return home

feature, and safety control to return home or land in the event of communication interruption

between RC transmitter and UAS.

I, 3 Axis Films, utilize a fresh fully charged battery with each flight as a safety precaution;

full flight time limit for each battery is eight (8) to thirty (30) minutes as tested. I do not operate

my UAS at or below manufacturer recommend minimum charge levels for operation; preferring

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to remain well within a safe operating range to insure adequate communication between radio

control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are

at hand with each exercise to insure replacement for sufficient safe level of operation. I do not

believe in taking risk that may cause a crash, that could create hazard to the

public/property/manned aircraft, and have no desire to lose an investment. I have clocked

numerous practice flights in remote areas as a hobbyist simulating flights for future commercial

use to gain familiarization with the characteristics of this specific UAS's performance under

different temperature and weather conditions. I also practice computerized simulated flights to

maintain adequate skills and response reflex time. All for the sake of safety.

I, 3 Axis Films, am extremely cautious when operating of my UAS/ultra lightweight

unmanned aircraft and will not “create a hazard to users of the national airspace system or the

public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within

Congress’s contemplated safety zone when it promulgated the Reform Act and the

corresponding directive to integrate UAS's into the national airspace system. 3 Axis Films’s

UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to

the general public or national security.

IV. How 3 Axis Films’s Request Will Benefit the Public As A Whole: Aerial videography

for geographical awareness, education, search and rescue, land management, structure

inspections and for real estate marketing has been around for a long time through manned fixed

wing aircraft and helicopters. For small budget companies, average homeowners and property

owners the expense of such aerial videography is cost prohibitive. Only large companies and

high end Realtors or luxury homeowners can afford to absorb such expense; depriving

non­luxury owners and lower budget companies from a valuable marketing tool. Manned aircraft

pose a threat to the public through potential catastrophic crash that the ​Alameda ​community has

experienced in the past with military aircraft, medical helicopters, and news helicopters crashes

within the city of Alameda. Each resulting in loss of life.

Each with combustible fuel that exploded and burned on impact. Police helicopters have

made emergency hard landings within city limits. My, 3 Axis Films's, UAS poses no such threat

since size and lack of combustible fuel alleviates any potential threat to the public. Congress

has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's

into the national airspace system, hence the passing of the Reform Act. Granting my, 3 Axis

Films’s, exemption request furthers the public interest through academic/visual awareness of

the geographical benefits in and around the Bay Area. My ultra lightweight UAS is battery

powered and creates no emissions that can harm the environment. The consequence of my

ultra lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which

are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The

public’s interest is furthered by minimizing ecological and crash threat by permitting aerial

video/photo capture through my battery operated ultra lightweight UAS's.

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Permitting me, 3 Axis Films, to immediately fly within national air space furthers economic

growth. Granting my exemption request substantially furthers the economic impact for the metro

YOUR CITY ​and surrounding community for companies looking to relocate or build around the

YOUR CITY​metro area as well as individuals looking to relocate for career advancement

through academic and geographical awareness.

Both of which serve as a stimulus to the community.

V. Reasons Why 3 Axis Films’s Exemption Will Not Adversely Affect Safety Or How The

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: My, 3 Axis Films’s,

exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting

me, 3 Axis Films, to log more flight time in FAA controlled airspace, with communication with the

FAA, will allow me to contribute to the innovation and implementation of new and novel, as of

yet undiscovered safety protocols for Realtors, land and structured owners. For development in

cooperation with the FAA. In addition I,3 Axis Films, submit the following representations of

enhancements to current aerial videography and photography: My UAS’s weigh less than seven

(7) pounds complete with a an integrated ultra­lightweight camera.; I only operate my UAS

below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and

Reform Act of 2012); My UAS only operate for 3­30 minutes per flight; I land my UAS prior to

manufacturer recommended minimum level of battery power; I pilot my UAS through remote

control only by line of sight; and have live video feed for a secondary pilot to monitor video

recording; I receive a live telemetry feed from my UAS during all flights which include remaining

battery voltage, distance, altitude, and any anomalies that may occur during flight;

My UAS’s Command and Control utilizes spread spectrum 2.4Ghz­2.485Ghz frequencies in

accordance with CFR 47, Part 15 for model aircraft use.

My UAS’s camera system utilizes 5.725Ghz­5.875Ghz frequencies in accordance with CFR 47,

Part 15.

My UAS’s have a GPS controlled flight controller­ a flight safety feature whereby it hovers or

circles and then lands at the GPS takeoff point if communication with the remote control pilot

is lost; I actively record and analyze flight data through the DJI Inspire 1 and DJI phantom 3

flight controller app to constantly update and enhance safety protocols; I only operate in

reasonably safe environment that are strictly controlled, are away from power lines, elevated

lights, airports and actively populated areas; I conduct extensive preflight inspections and

protocol, during which safety carries primary importance; I always obtain all necessary

permissions prior to operation; and, I have procedures in place to abort flights in the event of

safety breaches or potential danger. My, 3 Axis Films’s, safety protocols provide a level of safety

equal to or exceeding existing rules. It is important to note that absent the integration of

commercial UAS into our national airspace system, helicopters are the primary means of aerial

video and photography for community awareness real estate, structured inspections, land

management and search and rescue. While the safety record of such helicopters is remarkably

astounding, there has been local incident involving loss of life as well as extensive property

damage; it is far safer to operate a battery powered ultra lightweight UAS. First, the potential

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loss of life is diminished because UAS's carry no people on board and I only operates my UAS

in specific areas away from mass populations. Second, there is no fuel on board a UAS and

thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme

maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and

safely. Lastly, given its small size and weight, even when close enough to capture amazing

images, my UAS need not be so close to the objects they are focused on through the

technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has

been experimentally operated for familiarization/competency and will continue to operate at and

above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The

size, weight and enclosed operational area of my, 3 Axis Films’s, UAS permits exemption from

Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section

333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. My, 3 Axis Films’s, current and projected

UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating

areas of where safety can be defined.

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737,

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes

electronic global positioning systems with a barometric sensor or controlled GPS “geofencing”

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level

of safety will be achieved by maintaining any such required certifications and registrations by

me, 3 Axis Films.

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B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require

aircraft to be marked according to certain specifications. My UAS can be marked with the

appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§

61.113 (a) & (b), private pilots are limited to non­commercial operations. I, 3 Axis Films, The

sUAS Pilot in Command must possess at least a sport pilot certificate and a driver's license. The

PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in which the PIC

is rated on his/her pilot certificate as outlined in 14 C.F.R. § 61.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for

the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain

conditions. My UAS will never operate at an altitude greater than 300 ft close AGL; safely below

the standard of 400 AGL. I, 3 Axis Films, will however operate my UAS in safe areas away from

public and traffic, providing a level of safety at least equivalent to or below those in relation to

minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an

equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.1,2,

Manual

The above­cited Regulations require, amongst other things, aircraft owners and operators to

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter. . . .”These Regulations only apply to aircraft with an

airworthiness certificate. They will not, therefore, apply to my,3 Axis Films's, UAS. However, as

a safety precaution I inspect my UAS before and after each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area

of my UAS permits exemption from Part 21 because my,3 Axis Films’s, UAS meets an

equivalent level of safety pursuant to Section 333 of the

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act.

Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to

areas such as airports and dense populations. My UAS meets or exceeds each of the

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the

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aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation

is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software

updates and curative measures for any damaged hardware. Therefore, an equivalent level of

safety will be achieved. In summary, 3 Axis Films seeks an exemption from the following

Regulations:14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14

C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b);

14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R.

§§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)

(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my,

3 Axis Films's, small unmanned vehicle/lightweight unmanned aircraft vehicle in community

awareness, education, structural inspection land management, search and rescue and real

estate operations, and to develop economic platforms for the aforementioned to enhance the

experience of those seeking to relocate,

rebuild, reevaluate and to find in the metro Alameda area.

F. Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and

limitations apply:

1. The UA must weigh less than 55 pounds (25kg), including energy source(s)

and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

3. Flights must be operated at an altitude of no more than 500 feet above ground level

(AGL), as indicated by the procedures specified in the operator's manual. All

altitudes reported to ATC must be in feet AGL.

4. The UAS 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 unaided by any device other

than corrective lenses, as specified on the PIC's state driver’s license.

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5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the

VLOS requirement, as long as the PIC always maintains VLOS capability. The VO

and PIC must be able to communicate verbally at all times.

6. If a discrepancy exists between these limitations and any procedure outlined elsewhere

in this operations manual, the conditions and limitations herein take precedence and

must be followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS,

the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station, if utilized, must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight in accordance with the operator's manual. The PIC who conducts

the functional test flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft

maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum,

the following must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

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j. Any other components as determined by the operator

10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a

current state driver’s license. The PIC must also meet the flight review requirements

specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot

certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS

rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single

blade or multirotor). Prior documented flight experience that was obtained in compliance

with applicable regulations may satisfy this requirement. Training, proficiency, and

experience­building flights can also be conducted under this grant of exemption to

accomplish the required flight cycles and flight time. During training, proficiency, and

experience­building flights, all persons not essential for flight operations are considered

non­participants, and the PIC must operate the UAS with appropriate distance from

non­participants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS

to be utilized for operations under the exemption and three take­offs and three landings in the

preceding 90 days. Training, proficiency, experience­building, and take­off and landing

currency flights can be conducted under this grant of exemption to accomplish the required

flight time and 90 day currency. During training, proficiency, experience­building, and take­off

and landing currency flights, all persons not essential for flight operations are considered

non­participants, and the PIC must operate the UAS with appropriate distance from

non­participants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual

observer (VO) must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test must be

developed and implemented by a qualified person designated at the sole discretion of the

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operator. A record of completion of this qualification process must be documented and made

available to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar

operations), a flight demonstration, administered by an operator­approved and ­qualified pilot

must be successfully completed and documented. This documentation must be available for

review upon request by the Administrator. Because the knowledge and airmanship test

qualifications have been developed by the operator, and there are no established practical test

standards that support a jurisdictional FAA FSDO evaluation and approval of company

designated examiners, the petitioner will conduct these tests in accordance with the operator’s

manual.

15. The UAS may not be operated directly over any person, except authorized and consenting

production personnel, below an altitude that is hazardous to persons or property on the surface

in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety

mitigations for authorized and consenting production personnel. At all times, those persons

must be essential to the closed­set film operations. Because these procedures are specific to

participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is

necessary for reductions to the distances specified in the petitioner’s manuals. This is

consistent with the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1

Issue a Certificate of Waiver for Motion Picture and Television Filming.

17. Regarding distance from non­participating persons, the operator must ensure that no

persons are allowed within 500 feet of the area except those consenting to be involved and

necessary for the filming production. This provision may be reduced to no less than 200 feet

if it would not adversely affect safety and the Administrator has approved it. For example, an

equivalent level of safety may be determined by an aviation safety inspector’s evaluation of

the filming production area to note terrain features, obstructions, buildings, safety barriers,

etc. Such barriers may protect non­participating persons (observers, the public, news media,

etc.) from debris in the event of an accident. This is also consistent with the same FAA Order

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8900.1, V3, C8, S1. 18. If the UAS loses communications or loses its GPS signal, the UA

must return to a pre­determined location within the security perimeter and land or be

recovered in accordance with the operator’s manual.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre­determined location within the security perimeter and land or be recovered in

accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25%

battery power remaining, whichever occurs first.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N­Number) markings in accordance with 14 CFR part 45, Subpart C. Markings

must be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS

maintenance, preventative maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. These procedures must be

added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be

added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the

following requirement: The preflight inspection must account for all discrepancies, i.e.

inoperable components, items, or equipment, not covered in the relevant preflight

inspection sections of the operator’s manual.

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27. Before conducting operations, the radio frequency spectrum used for operation and

control of the UAS must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

28. At least three days before scheduled filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction

over the area of proposed filming. The 3­day notification may be waived with the

concurrence of the 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 person responsible for the UAS filming

production under this grant of exemption

c. Name and phone number of the person responsible for the on­scene operation

of the UAS.

d. Make, model and serial or N­number of the UAS to be used

e. Name and certificate number of the UAS PIC's involved in the filming

production event

f. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the filming production event; the

list of those who gave permission must be made available to the

inspector upon request.

g. Signature of exemption­holder or representative

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 and the

altitudes essential to accomplish the operation

29. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC

at the ground control station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

30. The UAS must remain clear and yield the right of way to all other manned operations

and activities at all times (including, but not limited to, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

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31. UAS operations may not be 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.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. The UAS may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

34. The UAS may not operate in Class B, C, or D airspace without written approval from the

FAA. The UAS may not operate within 5 miles of the geographic center of a non­towered

airport as denoted on a current FAA­published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter of agreement

with the airport management must be made available to the Administrator upon request.

35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS­80) within 24

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may

not be conducted until the incident, accident, or transgression is reviewed by AFS­80 and

authorization to resume operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my,

3 Axis Films’s, request for exemption will reduce current risk levels and thereby enhance safety.

My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more

maneuverable than conventional video and photographic aircraft with much less flight time.

Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk

flying to and from established airfields. I,3 Axis Films, have been informally analyzing and

recording flight information and will compile safety protocols and the implementation of a flight

operations manual for usage that exceeds currently accepted means and methods for safe

flight. Formal collection of information shared with the FAA will enhance the FAA's internal

efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012.

There are no personnel on board my, 3 Axis Films’s, UAS and therefore the likelihood of death

or serious bodily injury is significantly diminished. My, 3 Axis Films’s, operation of my UAS,

weighing less than forty (40) pounds and traveling at lower speeds within limited areas low to

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the ground will provide an equivalent level of safety as that achieved under current FARs.

Accordingly I, 3 Axis Films, respectfully request that the FAA grant my exemption request and

am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and

the general public at large.

Respectfully submitted,

Brandon Rowe

3 Axis Films

875­A Island Dr. Ste 172

Alameda, CA 94502

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Appendix A

List of Aircraft

N

o.

Make and Model Descriptio

n

Serial

No.

Registratio

n

No.

1 DJI Inspire 1 Electronic, 4 rotor, small

unmanned multirotor

helicopter

Pending

1. DJI Inspire 1

The operation of the DJI Inspire 1 system is as follows.

1. Build Materials

I. Plastic

II. Aluminum

III. Carbon Fiber

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2. Motor Configuration

I. The DJI INSPIRE ONE flight in a 4 motor quadcopter setup. ,

3. Payload

I. The DJI INSPIRE ONE flies it’s own lightweight integrated camera.

II. Maximum All­up weight­ 6.5lbs

4. Maintaining the DJI INSPIRE ONE

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of cracks, stress,

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of stress

or frays.

5. Check all navigational lighting to ensure it is properly working.

II. After 45 hours of flight

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace as

necessary.

2. Remove motor controllers and visually inspect and check for damage. Replace as necessary.

3. Remove flight controllers and visually inspect and check for damage. Replace as necessary.

and/or chips. Replace the propeller if questionable.

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and

perform a minimum of 15 test flights before conducting commercial work.

Appendix D

Personal Protocols/Controls/Flight Manual

Protocols and Controls

3 Axis Films, Alameda, California

Safety for public on the ground as well as manned aircraft above is an essential and utmost

consideration for aerial videos and photography. As such, safety protocols and controls must be

implemented through pre‐flight preparation and during flight. Pre‐Flight Protocol:

Check batteries with voltage meter to insure fully charged and ready for use.

Inspect batteries for damage or leakage that may affect proper operation.

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Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or

unmanageable/uncontrolled flight.

Check all GPS and Telemetry connections prior to flight.

Check weather forecasts for wind advisory or other conditions that my impact flight.

Consult Sky Vector aeronautical Charts (Skyvector.com)for airport vicinity and flight paths of

possible air traffic.

Contact respective airport to advise of estimated flight time, estimated flight duration, estimated

elevation of flight, and any other pertinent information.

Inspect flight area for

Vicinity of public safety helipads/heliports

Vicinity of medical helipads/heliports

Vicinity of light poles vicinity or utility wires

Vicinity of trees flocks of birds that may cause interference and potential flight impact

Vicinity of any elevated obstructions that may pose potential flight hazard

Vicinity of roadways with moderate to heavy traffic that can distract the public

Gatherings that may attract viewers optional point of control for best visual site of UAS

while in flight

Emergency landing areas

Takeoff and landing

Inspect area for best and safest point of takeoff and landing

If in a subdivision or area that is within 150 feet of a residential street, post warning

Sign(s)/stand(s) "Attention Aerial Photography In Progress ‐ Remain Back 150 Feet "

Flight Protocol:​takeoff and land from same location ( have alternate landing areas in case of

emergencies) remain alert to birds, sound or aircraft, curious public, and approaching vehicles

do not allow anyone to engage in conversation or distract the remote control pilot restrict flight to

minimal elevation sufficient to acquire desired results remained prepared for emergency landing

at all times pay attention to flight time – warning meter for low voltage.

Set voltage meter alarm for low voltage and flight timer as a safety alert land UAS and shut

down propulsion immediately following landing – priority of disconnecting batteries

Post flight:

1. a) Disconnect battery to prevent accidental activation of propulsion system

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2. b) Secure UAS in a safe location

c) Remove all warning signs from public access areas Emergency or Suspected Hazard:

Immediate land UAS at safest and closet ground location in the event

Manned aircraft is heard or seen in vicinity of flight

There is a public gathering within established safety boundary wanting to observe flight

Pilot is being distracted from focusing on flight and safety

Sudden change in weather (wind bursts)

Sudden increase in vehicular traffic in vicinity of flight

Birds enter into proximity of flight

Any sudden unsafe event that can cause collision, distraction or interruption of control

Safety for public on the ground as well as manned aircraft above is an essential and utmost

consideration for aerial videos and photography.

Maintaining a record of safe flight for FAA request and for determining future UAS safety

protocols is imperative.

Date:____________________

Location:___________________________________________________

pre‐flight Inspection:

o Yes o No

Comment: _________________________________________________

Elements

Proximity to airport: _________________ (see attached map pinpointing approximate location

of flight)

Airport notified: No Yes

Date:_______________ Time: ______________

Phone Number: _______________________

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Contact Name:___________________________________

Nearest major intersection:

______________________________________________________________

Proximity to medium traffic road:

_________________________________________________________

Proximity to heavily traveled roadway road:

_________________________________________________

Proximity to congested population:

________________________________________________________

Approx. Takeoff Time : GMT:

Weather Good Fair Poor Comment :

Visibility Good Fair Poor Comment :

Wind Speed ___mph ___Gusts/MPH ___avg/MPH Comment :

Approx. Landing Time: GMT: Estimated Elevation Ground level:

Safety Concerns:

Additional Comments:

sea level:

Appendix 'D'

Aircraft Manuals

This Appendix includes UAS manufacturer's user manuals, maintenance instructions, and

illustrated parts catalogs. These manuals may be attached to the docket when submitted.

Information regarding design, aircraft performance, fail­safe features, operating limitations,

normal and emergency procedures, and maintenance and inspection procedures is contained

within the manuals and supplemental information documents listed below:

1. DJI Inspire Manual V1.0

2. ​Inspire 1 Maintenance Manual v1.0

3. Intelligent Flight Battery Safety Guidelines v1.4

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4. Inspire 1 Safety Guidelines

5. Phantom 3 Professional Manual V1.0

6. Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 (EN)

For more information or questions about this manual please contact:

3 Axis Films

875­A Island Dr. Ste.172

Alameda, CA 94502

(510) 421­9139

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