September 1, 2015

U.S Department of Transportation Docket Operations 1200 Jersey Ave, SE Washington, D.C 20590

Petition for Exemption

To Whom it Concerns,

BirdsEye Cinema tography , is an aerial photography, cinematography, structural and agricultural inspection, and real estate imaging business, based in North Shore Massachusetts . I am petitioning for a Section 333 exemption under the FAA Modernization and Reform Act of 2012, Public Law 112

- 95 and Title 14 Code of Federal regulations 14 CFR 21. 191 for the purpose of research and development. BirdsEye Cinematography and its owner, Anthony Longo , seek exemption in order to establish a

com mercial ae rial drone photography business that offers valuable aerial phot ography services to the public. The name and address of the applicant is:

BirdsEye Cinematography

Contact: Anthony Longo

Email: BridsEyeCinematography @gmail.com

11 Estes Street, Ipsw ich MA 01938

BirdsEye Cinematography is requesting an exemption that would permit th e operation of small, unmanned, remote operated aerial craft in the National Airspace System. BirdsEye Cinematography petitions under the conditions of following all safety measures and regulations set by the Federal Aviation Administration and Section 333.1. and any other regulation regarding the operation of sUAV’s. I Anthony Longo , would ensure that all devices used by the business such as the DJI Phantom 2 wi th a Go Pro Hero 4 Silver attached by a Zen muse Gimbal, the Phantom 3, the DJI I nspire 1, would not be over the 55 lb. weight limit. These machines w ill be operated under contro l and with st rict conditions. They all have the ability to return to their take off point in the case of a low battery or lost connection from the controller. They are able to hover with GPS guidance and are professional grade equipment. They would never be operated ou t of sight from the operator nor the spotter chosen by the operator for the flight. The spotter will be responsible for helping the operator be aware of obstacles and to avoid danger while in f light. The operator wil l ensure the UAV never flies above 300 f t. to ensure no collisions with other p lanes and helicopters operating within the NAS. The UAV would never operate in proximity to airports o r any populated area, and would never be operated at night. Each flight will be carefully planned and executed with a flight plan with obstacles marked and avoided.The maximum flight times of the devices operated by BirdsEye Cinematography will be no more

than 30 minutes, and will finish a flight if the battery gets to 25% of its capac ity before the 30 minute limit. Located in North Shore Massachusetts , the operating areas of BirdsEye Cinematography are limited in populated and pose little risk to the surrounding areas.

The devices that are going to be operated by BirdsEye Cinematography are far safer than traditional aerial photography methods. The UAV that are used do not carry fuel nor do th ey carry passengers. They carry c amera equipment used for photography a nd video graphy of events such as weddings or sports, roof and structural inspections, realty photography as well as agricultural insp ections and many other possible uses. T he sUAV’s do not have an onboard pilot or passengers, in the unlikely event of a crash, the chances of human injury or death is very low. Also because there is no fuel, there is no chan ce of fire o r explosion in the event of a collision. The DJI devices that BirdsEye Cinematography uses are much safer than traditional gas powered airplanes that weigh over 1000 lbs.

The Applicant, BirdsEye Cinematography , operated by Anthony Longo proposes that the exemption requested herein apply to civil aircraft that have the characteristics and tha t operate with the limitations listed herein. These limita tions provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because these proposed operations represent a safety enhancement for current aerial photography services. BirdsEye Cinematography request for exemption and reasons for exemption follows and reflects the guidelines congress

e nvisioned for commercial aerial operations of UAVs. These guidelines which include the equivalent level of safety surrounding proposed operations, the significant public ben efits including enhanced

sa fety, and r educed environmental impacts all fall within the benefit of public interest. Accordingly, the appl icant respectfully requests the FAA grant the requested exemption without delay. Anthony Longo agrees to be bound to th e limitations and conditions when conducting commercial operations under an FAA issued exemption which includes:

4 Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or obser ver.

3. Maximum total flight time for each operational fli ght will be 30 minutes. Flights will be terminated at 25% battery power reserve sh ould that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual Observer.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s cert ificate. The observer will hold at least a third class medical.7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who

possess the necess ary PIC qualific ations, is also present on location (i.e. the Aeria l Coordi nator), that person can also be designated as PIC.

8. The UAS will only operate within a confin ed “Sterile Area” that has been investigated and evaluated before flight operations.

9. The operator will obtain the consent of all persons involved in t he filming and ensure that only consenting persons will be allowe d within 100 feet of the flight operation, and this radius may be reduced to 3 0 feet based upon an equivalent level of safety determination.

10. Pilot and observer will have been trained in o peration of UAS generally and received up

- to

- date information on the particular UAS to be operated.

11. Observer and pilot will at all times be able to communicate by voice and/or text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. All required permissions and permits will be ob tained from territorial, state, county or city jurisdictions, including local law enfor cement, fire, or other appropriate governmental agencies.

14. If the sUAS loses commun ications or loses it s GPS signal, the UAS will have capability to return to a

pre

- determined location wi thin the Security Perimeter and land.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establis hes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Gi ven the size and limited operating area associated with the aircraft to b e utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an e quivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal A viatio n Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exemp t aircraft from the requirement for an airworthiness certificate, upon consideration of the s ize, weight, speed, operational capability, and proximity to air ports and populated areas of the p articular UAS. In all cases, an analysis of these criteria demonstrates that the UAS op erated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at l east as safe, or safer, than a conventional aircraft (fixed wing o r rotorcraft) operating with an airworthiness certificate without the restri ctions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neith er a pilot nor passenger, carries no explosive materials or flamm able liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike o ther civil airc raft, operations under this exemption will be tightly controlled and monitor ed by both the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area o f operation as is now done with conventional filming. The FAA will have ad vance notice of all operations. These safetyenhancements provide a greater degree of safety to the public and property owners than conventional

operations conducted with airworthiness certifica tes issued under 14 C.F.R. Part 21, Subpart H. Lastly, applica tion of these same criteria demonst rates that there is no credible threat to national security posed by the UAS, due to its size, speed of operat ion, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category ai rcraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpi t, or pilot station, in letters not less than 2 inches nor more than 6 in ches high, the words "limited," " restricted," "light

sport," "experimental," o r "provisional," as applicable. Even though the UAS will have no airworthiness

c ertificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “E xperimental” can be placed. Given the size of the sUAV, two

- inc h lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked o n its fuselage as required by §45.29 (f) where the pilot, observer a nd others working with the sUAV will see the identification of the UAS as “Experimental.” T he FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 101 67 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non

- com mercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operati ons can achie ve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to o perate this small UAS. Unlike a conventional aircr aft that carries the pilot and passengers, the s UAS is remotely . The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of sa fety provided by the requirements included in the Manual far exceed that provided b y a single individual holding a commercial pilot’s certificate operating a conventional aircraft

. I , Anthony Longo will also be pursuing d rone flight courses to ensure that my knowledge and experience be up to date. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commerci al operations contemplated by Part 61 when drafted, that all owing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil air craft unless it is in airworthy condition. As there will be no airworthiness certificate issued for th e aircraft, should this exemption begranted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the

aircraft and the requirements containe d in the DJI Owner’s Manual for maintenance and use of safety check lists prior t o each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.

- registered civil aircraft ...

(2) For which an Ai rplane or Rotorcraft Flight Man ual is not required by §21.5 of this chapter, unless there is available in the aircr aft a current approve d airplane or Rotorcraft Flight Manual, approved manual ma terial, markings, and placards, or any combination thereof. Th e sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carr y such an item on the aircraft. The equivalent leve l of safety will be maintained by k eeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take c ertain actions before fl ight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety w ill be provided as set forth in DJI Phantom Owner’s manu al along with the applicant’s 10 + y ears of experience flying radio controlled aircraft without incident. The PIC will take all actio ns including reviewing weather, flight battery requirements, landing and takeoff distances and a ircraft performance data before initiation of flight. I n addition clients will be info rmed of all flight plans and safety procedures in case of an emergency.

14 C.F.R. §91.109: Flight instruction:

S e ction 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that airc raft has fully functioning dual controls. sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a con trol box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls f or a number of aircraf t and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be car ried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil airc raft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed , provided the person operating t hehelicopter complies with any route or altitudes prescribed for helicopter s by the FAA. As this exemption

is for a sUAS that is a helicopter and the exemption r equests authority to operate at altitudes up to 400 AGL, an exemption may be ne eded to allo w such operations. As set forth herein, except for the limited conditions stated in the Manual , the UAS will never operate at higher than 4 00 AGL. It will however be operated in a restricte d area with security perimeter, where buildings and peo ple will not be exposed to operat ions without their pre

- obtained consent. The sUAS ’ s are equipped with telemetry back to t he operator. Telemetry includes altitude, vertical and horizontal ground speed, direct ion and distance from operator. The equivalent level of safety will be achieved given the size, w eight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcr aft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented wit h conventional aircraft used in photography for Real Estate and Business. In addition, the low

- altitude operations of the sUAS will ensure s eparation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruisi ng altitude by reference to an altimeter that is set “...to the elevation of the depa rture airport or an app ropriate altimeter setting available before departure.” As the sUAS may n ot have a barometric altimeter, but instead a GPS altitude read out, an exemp tion may be needed . An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Sa fety Check list, confirming the altitude of the launch site shown on the GPS al titude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requ iremen ts for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intend ed landing, and, assuming normal cruising speed

– (1) Du ring the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 25 minutes of powered flight. Given the limitations on the UAS’s proposed flight area a nd the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.1 51(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockhee d Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UA S, in a tightly controlled area where only people and property owners or official representativ es who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and sp eed of the small UAS. Similar exemptions have been granted to other operations, in cluding Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent p art:(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certi ficate required by paragraph (a) of this section or a spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit

en trance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operat ed without an onboard pilot. As such, there is no ability or place to carry certification a nd registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keepin g these documents at the ground

cont rol point where the pilot flying the sUAS will have immediat e access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous e xemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565 , 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in sub part E of this part and shall betwe en required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircr aft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft wit h an airworthiness certificate, these sections will not apply to the applicant. Maintenanc e will be accomplished by the operator pursuant to the manufacturer’s flight manual and operating handbook. An equivalent level of safety will be achieved because th ese small UASs are very limited in size and will carry a small payload and operate only in restrict ed areas for limited periods of time. If mechanical issues arise the UAS can land immediatel y and will be operating from no higher than 400 feet AGL. As provided in the Owner’s Manual, th e operator will ensure that the UAS is in working order prior to initiating flight, perform requ ired maintenance. Moreover, the operator is the person most familiar with the aircraft and best suited to m aintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R . §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.1 51(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in motion picture and television operations.

Approval of exemptions allowing commercial operations of sUASs will enhance safety by reducing risk. Conventional aerial photography/videograp hy operation s use jet or piston powered aircraft. Such aircraft must fly to and from the fil m location. In contrast, a sUAS weighing fewer than 55lbs. and powered by batteries eliminates v irtually all of that risk given the reduced mass and lack of

combustible fuel carried on board. The sUAS is carried to the film location an d not flown. The sUAS will

carry no passengers o r crew and, therefore, will not expose them to the risks associate d with manned aircraft flights. The operation of small UASs, weighting less than 5 5 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of saf ety supporting the grant of the exemptions requested herein, including exempting the applican t from the r equirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in cl ose proximity to the ground and people.

Privacy

All flights will occur over private or controlled ac cess property with the property owner’s prior consent and knowledge. Photographs will be of people who have also consented to being photographed or otherwise have agreed to be in the area where photography will take place. Sat isfaction of the criteria provided in Section 333 o f the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports an d populated are as and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial oper ation of applicant’s UAS in the aerial photography industry

.

Respectfully Submitted,

Anthony Longo

BirdsEye Cinematography