UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

COASH VIDEO PRODUCTIONS, INC.

FOR AN EXEMPTION SEEKING RELI EF FROM TH E REQUIREMENTS OF

TI TLE 14 OF TH E COD E OF FEDERA L REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATIO N OF A

A DJI INSPIRE 1 U NMANNED A IRCRAFT

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112 -9 5)

Submitted on Aug 13, 2015

Thomas A. Coash

Coash Video Productions

, Inc.

4 Pheasant Drive

Rye, NY 10580

914-949-6726

tony@coash.comAugust 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jerse y Ave, SE

Washington, DC 20590

Attention : F AA Administrator

Re: Exemption Request Section 3 33 of the FAA Reform Act a nd Part 11 of the Federal Aviati on Regulations

form 1 4 CFR Part 2 1; 14 CFR 45.23(b); 14 CFR 6 1.113 (a) & (b); 1 4 CFR 9 1.7 (a); 14 CFR 91.9 (b) (2); 1 4

CF R 91.103; 1 4 CF R 9 1 .109; 14 CF R 91.119; 14 CF R 91.121; 14 CF R 91.151 (a); 14 CF R 91.203 (a) & (b);

14 CFR 91. 215 (a) & (b); 14 CFR 91. 131 (d); 14 CFR 91. 405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2);

14 CFR 417 (a) & (b)

Dear Administrator,

Pursuant to the Section 3 33 of the FAA Modernization and Reform Act of 2012 (The Refor m Act) and 1 4

CF R Part 11, Coash Video Productions, Inc. is th e o perator o f S mall Unmanned A ircraft Systems ( sUAS)

equ ipped to con duct aerial photography and cinematography services hereby applies for an exemption from

the lis ted F ederal Aviation R egulations ( FARs) to allow commercial operations o f its sUAS so long as such

operations are conducte d withi n a nd under the conditions outline d herei n or as ma y be establishe d by the

FAA as required by Section 333.

As described in more detail below, the requested ex emption would p ermit th e operation of small, unmanned

and relatively inexpensiv e sUAS under controlled conditions in th e NAS that is both limited and

predetermined. Approval of this exempti on woul d there by enhance safet y a nd fulfill the Secretar y of

Transp ortation’s (the FAA Administrator’s) responsibilities t o “...establis h requirements for the safe

operations of suc h aircraft systems i n the national airspace system.” Secti on 333 (c) of the Reform Act.

Regulations f

rom which the e xemption is r equested:

14 CFR Part 21

14 CFR 45. 23 (b)

14 CFR 61. 113 (a) & (b) 14 CFR 91. 7 (a)

14 CFR 91. 9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.215 (a) & (b)

14 CFR 91.131 (d)

14 CFR 91 405 (a)

14 CF R 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a ) & (b)This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a)

through ( c) o f

th e R eform A ct. This la w d irects th e S ecretary o f T ransportation to c onsider w hether c ertain

unmanne d aircraft systems ma y operate safel y i n the national airspace system (NAS) before completi on of

the r ulemaking r equired u nder S ection 3 32 o f

th e R eform A ct. In m aking th is d etermination, the S ecretary is

required to determine which types o f sUASs do not create a hazard to users o f the NAS o r the public or pose

a threat to national security in light of th e following:

• The sUAS’s size, weight, speed, and operational capability;

• Operation of the sUAS in close proximity to airports and popula ted a reas

• Operation of the sUAS within visual line of sight (VLOS) of the

Pilot/”Operator”

Reform Act § 333 (a). Lastly, if the S ecretary determines t hat such vehicles “ may operate s afely in the

national airspace system, the Secretar y shall establis h requirements for the safe operati on of suc h aircraft in

the n ational airspace s ystem.” I d. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority by its terms includes exempting civil aircraft , as th e te rm is d efined u nder § 40101 o f

th e A ct, that

includes s UASs, from th e r equirement that all civil aircraft must have a c urrent airworthiness c ertificate.

The Administrator may grant an exemption from the requirement of a regulation prescribed un der subsection

(a) or (b) o f this section or any sections 44702 -4 4716 of this title if the Administrator finds the exempti on in

the p ublic in terest. 49 U .S.C § 44701(f) See als o 49 USC § 44744(a); 4 9 USC § 4 4 7 0 4l 1 4 CFR § 9 1 .203 (a)

(1).

Coash Video Productions, Inc. s UASs are rotorcraft weighting 55 or fewer lbs. including p ayload. They

operate under normal conditions at a spee d of no more that 50 kts a nd have the capabilit y t o hover, a nd move

in th e v ertical and h orizontal plan s imultaneously. They w ill operat e only in lin e of sight of the

Pilot/”Operator” and will operate with the permission of the property owner o r a representative. Such

operations will insure that the sUAS will “not create a hazar d t o users of the national airspace system or the

public” as p er th e Reform Act Section 333 (b).

Applicant submits the attached Coash Video Productions, Inc. S afety P olicy a nd Coash Video Productions,

Inc. Operations Checklist as confidential documents under 14 CFR 11.35 (b) as these documents contain

proprietar y informa tion th at the a pplicant has n ot and w ill not share w ith o thers. The s afety p olicy c ontains

operati ng conditions a nd procedures that are not available t o the public a nd are protecte d from release under

the F reedom o f

I nformation A ct 5 U SC 5 52 e t.seq.

Give n the small size of the sUASs involve d a nd the limite d environment withi n whic h that will operate, the

applicant falls squarely within that zon e of safety (an equivalent level of safety) in which Congress

envisioned that th e FAA must, by exemption, allow c ommercial operations of sUASs t o commence

immediately. Also d ue to th e s ize o f th e s UASs a nd th e lim ited a reas in w hich th e r elevant sUASs w ill

operate, approval of the applicati on presents no national securit y issue. Give n the clear directi on i n Section

33 3 of the Reform Act, the authorit y containe d i n the Federal Aviati on Act, as amended; the strong

equivalent level of safety surrounding th e proposed operations, and th e significant publi c benefit, including

enhanced safety with allowing sUASs for commercial aerial videography and photography operations, the

grant of the requeste d exemptions is i n the public interest. Accordingly, the applicant respectfull y requests

that the F AA g rant the r equested e xemption w ithout delay.AIRCRAFT AND EQUIVALENT LEVEL OF S AFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and they operat e with th e limitations listed herein. Thes e limitations provid e for at least and

equivalent or even higher level of sa fety o f operations under the current regulatory structure because the

proposed operations are conducte d on close d off propert y under the permissi on of the propert y owner or

property representative.

These limitations and conditions to which Coash Video Productions, Inc. a grees to b e b ound w hen

c onducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within visual line of sight (VLOS) o f a Pilot/”Operator” and/or o bserver.

3. Maximu m total flight time for each o perational flight will be 30 m inutes. Flights will be terminated a t

20% batter y power reserve shoul d that occur prior t o the 30 minute limit.

4. Flights will be operated at an altitude of no more than 500 feet AGL or, when photo graphi ng a structure

taller th an 5 00 f

eet, the s UAS w ill not be o perated m ore th an 1 00’ a bove th e h ighest point on th e

structure.

5. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and the Visual Observer.

6. sUAS Pilot/”Operator” wi ll be P ilot in C ommand ( PIC). If th e P ilot/”O perator” deems another

“Pilot/”Operator ” “ to b e qualified with th e necessary skills to b e th e “Pilot/”Operator”, that person can

also b e designated as “Pilot/”Operator ” “ provided they hav e a minimum of 40 hour s of flight time with

the s UAS.

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited structures, buildings,

vehicles, vessels, or people not associate d wit h the operation.

8. A b riefing will be conducted in regard to the plan ne d sUAS operation s prior t o eac h flight activity. It

will be mandator y that all personnel involve d wit h the operational duties of the flight be present for this

briefing.

9. Pilot/”Operator” and observer w ill have been trained in operation of sUA S generally a nd r eceived u p -t o

date informati on on the particular sUAS t o be operated.

10. The “Pilot/”Operator” “ will have at least a class 3 medical certificate.

11. Observer and Pilot/”Operator” will at all times be able to communicate by voice, radio, and/or text.

12. Wr itten a nd /or

o ral permission f

rom th e r elevant property h olders o r p roperty r epresentatives w ill be

obtained.

13. If the sUAS loses communications o r loses its GPS signal, the sUAS will have the capability to return to a

pre -d etermine d locati on a nd la nd autonomously.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.14 CFR §91.109: Flight Instruction

No p erson may operate a civil aircraft (except a manned free b alloon) that is being used for f light

instruction unless that aircraft has full y functioni ng dual controls.

sUAS and remotely p iloted aircraft, b y their d esign d o n o t h ave fully functional d u al. Flight control is

accomplished through th e us e of a control box that communicates with th e aircraft vi a radio communication.

The FAA has approved exemptions for flight training without full functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. S ee Exemption Nos. 5778K & 9862A. The

equ ivalent level o f

s afety is p rovided b y th e f act the n either

a p ilot nor

p assengers w ill be c arried in th e

aircraft and by th e si ze and speed of th e aircraft.

14 CFR §91.119: Minimum Safe Altitud es

Section 91.119 established safe altitudes for o peration of civil air craft. Section 9 1.119 (d) allows that

helicopter ma y be operate d at less tha n the minimums prescribe d i n paragra ph (b) or (c) of this section,

provide d eac h p ers on operati ng the helicopter complies wit h a ny routes or altitudes specificall y prescribed

for h elicopters by th e FAA. As this exemption is for a sUAS that is a helicopter and th e exemption requests

authority to operat e at altitudes up to 500 feet AGL, an exemption may b e needed to allow such operations.

As set forth herein, the sUAS will never opera te h igher th at 500 A GL w ith th e e xception th at in

circumstances wher e th e sUAS is u sed to survey or photograph a structur e whos e height exceeds 500 feet

AGL, the sUAS will not b e operated more than 100 feet above the highest point on the structure.

The eq uivalent level o f safet y will be achieve d give n the size, weight, spee d of the sUAS as well as the

location w here it is o perated. No f light will be ta ken w ithout the p ermission o f th e p roperty o wner. Because

of the advance notice t o the propert y owner a nd other participants i n the activity, all affecte d individuals

will be aware of the planne d flight operations. Compare d t o flight operations wit h aircraft or rotorcraft

weighing far more than the maximum 55 lbs. proposed herein and the lack o f flammable fuel , any r isk

a ssociated w ith these o perations is f ar le ss th an th ose p resently p resented w ith c onventional aircraft

o p erating a t or

b elow 500 feet AGL. I n addition, the low -a ltitud e operations of th e sUAS will ensur e

separation between th e sUAS operations an d the operations of conventional aircraft that must compl y wit h

Secti on 91.119.

14 CFR § 9 1.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to t he elevati on of the departure airport or a n appropriate altimeter setti ng available

before departure.” As the sUAS ma y not have a barometric altimeter, but instea d a GPS altitude readout,

and exemption may b e needed. An equivalent level o f safety will b e achieved by th e Pilot/”Operator”,

pursuant to th e s afety c hecklist and liv e f light data m onitoring, confirming th e a ltitude o f th e la unch s ite

s hown o n th e GPS altitude indicator b efore flight.

14 CFR § 9 1.151(a): Fuel Requirements for Flight in VFR Condit ions

Sections 91.151(a) p rohibits an individual from beginning “a flight in an airplane under V FR conditions

unless (consideri ng wi nd a nd forecast weather conditions” there is e nough fuel t o fl y t o the first point of

intended la nding, and, assuming n ormal cruising s peed

– ( 1) D uring th e d ay, to f ly a fter th at for a t least 30

minutes; o r (2) at night, to f ly a fter that for at least 45 m inutes.”The battery powering the sUAS provides less than 30 minutes of powered flight. To meet the 30 minute

reserve re quirement i n 14 CFR §91.151, sUAS flights woul d be limite d t o approximatel y 10 minutes in

length. Given th e lim itations o f th e s UAS’s p roposed f

light area a nd th e lo cation o f its p roposed o perations

within a predetermined area, a longer timeframe for fligh t in d aylight or tw ilight CFR

c onditions is

reasonable.

Applicant believes that an exemption fro m 14 CFR §91.151 (a) falls within the scope of prior exemptions.

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR

91. 151 (a)). Operati ng the sUAS, i n a limite d area where onl y people a nd propert y owners or representative

with less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was

intended to a lleviate g iven th e s ize a n d spee d of the sUAS. Additionally, limiti ng the sUAS flight t o 10

minutes would g reatly r educe the utility f or which t he exemption w ill be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or

2 0% of batter y power – w hichever h appens f

irst. This r estriction w ould b e m ore th an a dequate to r eturn th e

s UAS to its p lanned la nding z one f rom a nywhere in its lim ited o perating a rea. Similar e xemptions h ave b een

grante d t o other operations, includi ng Ex emptions 2 689F, 5745, 10673, and 10808.

14 CFR §91. 203 (a) a nd (b): Carryi ng Civil Aircraft Certificati on a nd Registration

The regulation provides in the pertinent part:

(a) Except a provided in § 91.715, no person may operate a civil aircraft u nless it has w ithin it the f ollowing:

(1) An appropriate and current airworthiness certificate.

. . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

s ection o r a s pecial flight authorization is s ue d under §91. 715 is displaye d at the cabi n or cockpit entrance so

that it i s legible to passenger s or crew.

The sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. As such, there is no

ability to pl ace to carry certifica tion a nd r egistration d ocuments o r to d isplay th em o n th e s UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where

the P ilot/”Operator” f

lying th e s UAS w ill have im mediate a ccess to th e d ocuments t o the extent the y are

applicabl e to th e sUAS. Th e FAA has issued numerous exemptions to this regulation. A representative

sample of other exception s include s Exemption Nos. 9 5 6 5

, 9 6 65, 9 7 8 9, 9 7 8 9 A, 9 7 9 7 9 7 9 7 A, and 1 0 7 0 0

.

14 CFR §91. 215 (a) a nd (b); 14 CF R §91.131 (d); AT C transponder and altitude r eporting equipment and use

The pertinent section of 91.215 (a) & (b) requires the “(a) All airspace: U.S. -r egistered civil aircraft. For

operations not conducte d under part 121 or 135 of this chapter, ATC tran sponder equipment installed.

. . (b)

All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the

airsp ace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an

ope rable coded rada r beacon transponder”.

. .

This requirement applies

(1) All aircraft. In Class A, Class B, and Class C airspace areas;(2) All aircraft. In all airspace within 30 nautical miles o f an airport listed in appendix D, section 1 o f this

pa rt from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace

(d) other equipment requirements.

“No person may operat e an aircraft in a Class B airsp ace ar ea unless th e aircraft is equ ipped w ith

(1) The applicable operating transponder and automatic altitu de reporting equipment specified in §91.215

(a) . . . and

(2) After January 1, 2020

, the applicable Automatic Dependent Surveillance -B roadcast Out equipment

specified in § 91.225.”

Because o f the s mall size a nd limited lifting capacity of the s UAS, the s UAS cannot be f itted with and

operate a transponder a nd automatic altitude reporti ng equipment specifie d i n paragra ph of 91. 215 (a) a nd

(b) and 91.131 (d). An exemption from thes e requirements is requested. The equivalent level of safety can be

assured using th e procedures defined for each class of airspace.

W ithin the surface a reas of Class “B”, Class “C”, Class “D” airspace

Within the lateral boundaries of the airspace, the Pil ot/”Operator” “ will establis h 2 wa y communications

with the ATC facility having jurisdiction for that area. The Pilot/”Operator” will provide the location

(heading and distance) relative to the center o f the airspace and request clearance to “Maneuver” ab ove that

location a t or

b elow 5 00 f

eet AGL. The P ilot/”Operator” w ill be r esponsible f or “ see a nd a void” tr affic

conflicts. Th e Pilot/”Operator ” will at all times yield right o f way to ANY and ALL manned flight

operations. All operations withi n 2 miles of the p rimary a irport will be p re -a rranged with that controlling

facility. Any and all restrictions placed on the operations will be complied with so that all manned operations

can b e conducted without negatively impacting flight safety.

14 CFR §91. 405 (a) ; 407 ( a) ( 1); 409 ( a) ( 2); 417 ( a) & ( b): Maintenance I nspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed

in subpart E o f thi s p art and shall b etween required inspections, except a s provide d i n paragra ph (c) of this

section, h ave d iscrepancie s repaired a s prescribed in p art 4 3 o f thi s chapter...,” and o ther s shall inspect o r

maintain t he aircraft in c ompliance with P art 43.

Given that these sections and Part 43 apply only to aircraf t with a n a irworthiness c ertificate, these s ections

will not apply to the applicant. Maintenance will be accomp lished by the Pilot/”Operator” pursuant to the

flight manual and operating and handbook. An equivalent level o f safety will be achieved because t hese

small sUAS s are very limited in size and will carry small payload and o p erate o n ly in limited area s for short

periods of time. If mechanical issues arise the sUAS a nd la nd immediatel y a nd will be operati ng from no

higher tha n 500 feet AGL. The Pilot/” Operator” will ensure that the sUAS is in working order prior to

initiating f

light, perform r equired m aintenance, and k eep a lo g o f a ny m aintenance p erformed. Moreover, the

Pilot/”Operator” is the person most familiar w ith the aircraft and is best suited t o maintai n the aircraft i n an

airworthy condition to provid e th e equivalent level of safety. An equivalent level of safety will b e achieved

because maintenance a nd inspections will be performe d a nd accordance wit h the sUAS manufacturer’s

manual, as referen ced in th e Aircraft Operations Manual. As provided in th e Operations Manual, thePilot/”Operator” will ensure that the sUA S is in working order p rior t o initiating flight and perform required

mainten ance n eeded.

INTRODUCTION AND INTERESTS OF THE PETITIO NER

Coash Video Productions, Inc. w ill provide its c lients w ith h igh q uality d igital content for u se in th eir

commercial, personal, and non -pr ofit multimedia projects. Coash Video Productions, Inc. h as 28 years of

film making a nd p hotography e xperience and w ill use state -of-th e -ar t technology to mak e high quality

video and phot o productions for a ny client. Th e objectiv e of Coash Video Productions, Inc. aerial video

and photography operations is to provid e high quality imaging for a variety of commercial, public, a nd

residential uses, specificall y targeting:

• Aerial event filming and photography

• Promotional videos for b usinesses, non -p rofits & government

entities

• Photo and video production for r eal estate marketing

SUMMARY

Pursuant to 14 CFR Part 1 1, the following summary is provided for p ublication in the Federal Register,

should it be determined that publication i s needed:

Applicant seeks a n e xemption f rom th e f ollowing r

ules: 14 C FR

P art 21, subpart H; 14 C FR 4 5.23(b); 14

CF R 61.113 (a) & (b); 14 CF R 91.7 (a); 14 CF R 91.9 (b) (2); 14 CF R 91.103; 14 CF R 91.109; 14 CFR

91.119; 14 CFR 91.121; 14 CFR 91. 151 (a); 14 CFR 91. 203 (a) & (b); 14 CF R 91.215 (a) & (b); 14 CFR

91. 131 (d); 14 CFR 91. 405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) to

commercially operat e a small unmanned vehicl e (55 lbs. or less) equipped to conduct aerial photography and

cinematography services.

Approval of exemptions allowing commercial operations of sUAs to conduct aerial photography and

cinematog raphy services will enhan ce safety by reducing risk. Conventional photography operations, using

jet or p iston p owered a ircraft, at extremely lo w a ltitu des, ofte n ver y close t o the subject bei ng filme d a nd in

clos e proximity to peopl e and structures; and present th e risks associated with vehicles that exceed 3,000

lbs., carrying la rge a mounts o f je t A o r o ther f uel. In c ontrast, a s UAS w eighing f ewer th an 5 5 lb s. and

powere d by batteries eliminates virtuall y all of the ris k give n the reduce d mass a nd lac k of combustible fuel

carried on board. Th e sUAS is carried to th e location. Th e sUAS will carry no passengers or crew and,

therefore, will not expose th em to th e r isks a ssociated w ith m anned a ircraft flights.

The operation of small sUASs, weighing less than 55 lbs., conducted in the conditions outlined above, will

provide a n equivalent level of safet y supporti ng the granti ng of the exemptions requeste d he rein, including

exempting th e applicant from th e requirements of Part 21 and allowing commercial operations. These

lightweight aircraft operate a t slow s peeds, close to th e g round b ut under 5 00 f eet AGL, and w ithin th e

limited a rea a nd, as a r esult, are f a r safe r than conventional flight operations conducted with turbine

helicopters operati ng i n close proximit y t o the gr ound a nd people.PRIVACY

All flights will occur over p rivate or controlled access property with the property representative o r

owner’s prior consent a nd knowledge. Filmi ng will be of people w ho have als o consente d t o bei ng filme d

or otherwise have agree d t o be i n the area where filmi ng will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

Sa tisfaction o f th e criteri a provided in Section 333 of th e Reform Act of 2012 —s ize, weight, speed,

operati ng capabilities, proximit y t o airports a nd populate d areas a nd operations withi n visual line of sight

(VLOS) and national security

– p rovide m ore th an a dequate ju stification f or th e g ranting o f

th e r equested

exemptions allowing commercial operation of applicants sUAS in th e aerial photography and

cinematography services industry.

Coash Video Productions, Inc. respectfully requests the F AA grant its exc eption without delay. Th e FAA has

the authority to issue the exemption sought by Coash Video Productions, Inc. pursuant to the Federal Aviation

Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

Thomas A. Coash

President

Coash Video Productions, Inc.

4 Pheasant Dr.

Rye, NY 10580

tony@coash.com

914-949-6726

UAS Product Information:

DJI Inspire 1:

http://download.dji -i n n o vations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf