LAKEWERKS

1626 London Road #840

Duluth MN 55812

Medic72494@aol.com

218-349-6332

October 18th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act), and 14 C.F.R. Part 11, Lakewerks Productions, a full service video production

company, hereby applies for an exemption from the Federal Aviation Regulations (FARs)

listed below to allow operation of our Small Unmanned Aircraft System (sUAS)

commercially in airspace regulated by the Federal Aviation Administration (FAA) so long

as such operations are conducted with and under the conditions outlined herein or as may

be established by the FAA as required by Section 333.

The requested exemption would permit Lakewerks Productions to pursue its

commercial interests in providing services to clients using a small advanced sUAV in the
following areas:

1. Real Estate

2. Marketing

3. Surveying

4. Industrial

5. Surveying

6. Special Events

7. Music Videos

8. Full length Movie Production

Lakewerks Production states that all UAS flights will occur over land Lakewerks Productions has 

previously been granted access to and will do so only with the property owner’s consent and knowledge

and that only people who have consented or otherwise have agreed to be in the area where 

videography will take place.

Additionally, Lakewerks Production Pilot does not have FAA Private Pilot’s License but has 25 years of 

RC Plane experience including video production and building knowledge of remote control devices as 

well as maintenance and repair.

If observers are not qualified pilots, they will attend a ground school to understand the proper roles of 

an observer, communication procedures, proper visual scan techniques, operations at non-towered 

airports. Regulations from which exemption is requested:

14 C.F.R. Part 21

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. 91.109

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) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters as an aerial video gathering platform

due to the smaller devices, improved stability, cheaper equipment and personnel cost, reduced noise 

and as such, a much smaller environmental impact which promotes public safety.

Lakewerks Poductions is petitioning for an exemption to operate a Lily Drone (Autonomous Tracking 

Device) video recording system and GPS safety features which limit its

ability to limit the height it flies above ground level (AGL), to limit the radius of the

distance it flies from the operator and to exclude it from operations within designated

Class B, C and D airspace including a no-fly zone feature. The Lily Drone

also has a failsafe function that is triggered in the event communication is lost

between the sUAS and the main controller transmitter. At that time, the sUAS will

return to its point of takeoff and land safety. If the connection is restored, the PIC can

regain control of flight and land manually.

These specifications meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or

observer and will operate at sites that are ‘sufficient distance’ from populated

areas within the sterile area described in the FOPM. Such operations will ensure

that the sUAS will “not create a hazard to users of the national airspace system

or the public.”

• When flying the sUAS within three (3) miles of an airport, airport operators will

be notified and the operator will give the right-of-way to avoid flying in the
proximity of full-scale aircraft.

• Maximum flight time for each operation will be 30 minutes.

• Flights will be terminated when battery levels reach 25%, allowing sufficient

reserve flight time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that

exceeds 400 feet AGL, and not more than 200 feet above an elevated platform

from which videography is planned.

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS

observer, and the camera operator.

• The sUAS operated by the petitioner weighs less than 25 pounds, including all

payload (i.e. camera, lens, and stabilized gimbal).

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within

which it will operate, Lakewerks Productions operations adhere to the

Reform Act’s safety requirements.

The fact the pilot has many years of RC demonstrates Lakewerks

Productions high regard for safe operations with an understanding preflight

inspections, knowledge of operations and differences in airspace

classifications, maintenance and repair, as well as having the knowledge and experience.

Under the requested exemption, Lakewerks Productions ensures all operators

have completed sUAS education and training programs including all applicable

regulations and guidance documents; including aeronautical background

information such as charts, NOTAMS and Aircraft Circulars; Radio Communications
Procedures; Human Factors and Crew Resource Management; Basic sUAS

Aerodynamics; Weather factors; Airmanship and Decision-making and Safe

Operations Procedures.

We respectively request exemption under Section 333 to enable Lakewerks Production

to operate efficient, limited, low-risk commercial sUAS operations for

the activities stated respecting at all times the space and privacy of citizens and

property while keeping airspace safe.

Sincerely submitted,

Todd Gremmels

2EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Lakewerks Production requests an exemption from the following

regulations as well as any additional regulations that may technically apply to

the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for Unmanned

Aerial Systems, we request an experimental certificate be issued for the DJI Phantom

2 Vision Plus under either, or both, of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the

following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses
for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including flights to

show compliance for issuance of type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function

and reliability requirements of the regulations. Since the experimental certificate can

be used for commercial purposes such as market surveys, sales demonstrations, and

customer crew training, we would expect that an experimental certificate would

permit our commercial purpose as well. The aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements.

Combined with the UA's light weight, being constructed primarily of carbon fiber and

plastic, we propose that the UA will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission. If an experimental

airworthiness certificate is not appropriate for this application, then we request an

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness

certificate in general, citing the equivalent level of safety outlined in the previous

paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance

to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which

the word "EXPERIMENTAL" can be placed, and may not have a registration number

assigned to it by the FAA. We propose to achieve an equivalent level of safety by

including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as
shown above, where the PIC, VO and others in the vicinity of the aircraft while it is

preparing for launch will be able to see the designation. Additionally, we feel that the

permanent placard discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Finally, we will display at the ground

station a high contrast flag or banner that contains the words "Unmanned Aircraft

Ground Station" in letters 3 inches high or greater. Since the aircraft will operate

within 3/4 NM of the ground station, the banner should be visible to anyone that

observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person who holds a Private Pilot certificate may act

as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows

a private pilot to act as pilot in command of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or

employment; and (2) The aircraft does not carry passengers or property for

compensation or hire. Our piolet has 25 years of experience in Remote Control Aircraft and quad 

copters, we feel we meet the intent of 61.113 Subparagraph (b)

even though the intent of this application is to conduct a business.

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current,

approved flight manual is in the aircraft. We assume that the intent of this
requirement is to ensure that flight manual information is available to the aircrew

while operating the aircraft. We request an exemption to this requirement since the

aircraft is not only too small to carry documentation, the documentation would not

be available to the crew during flight operations. To obtain an equivalent level of

safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight

Manual must be available to the crew at the ground station anytime the aircraft is in,

or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain

flight tests.

The regulation states "No person may operate a civil aircraft that is being used for

flight instruction unless that aircraft has fully functioning dual controls." The sUAS

System ground-based control station consists of a hand-held radio transmitter and

while it does not offer a second set of "controls", both the student and instructor can,

and will, operate the single set of controls simultaneously. With both student and

instructor having "hands-on" the controls during flight, this technique meets the

intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the

typical mission of the sUAS would be photography or survey of persons, vessels,

vehicles or structures it would be necessary to operate closer than 500 feet to the

items listed. Operations will only be flown over property or persons where permission

has been obtained and careful pre-planned has been performed. The aircraft will be

operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. Therefore we maintain
that due to the small size of the UAS, the hazard to persons, vehicles and structures

is minimal compared to manned aircraft, which should be considered in granting the

exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to

an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly

below 400 feet AGL and will not need to maintain cruising altitudes in order to

prevent conflict with other aircraft. An Above Ground Level altimeter measurement

above the takeoff point is transmitted via radio from the sUAS on-board computer to

the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under dayvFR

conditions unless there is enough fuel to fly to the first point of intended landing

and to fly after that for at least 30 minutes. We feel the intention of this paragraph is

to provide an energy reserve as a safety buffer for delays to landing. The sUAV is

battery operated and the maximum duration of flight from a single battery charge is

12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM

from the point of intended landing, a full battery charge at launch will ensure that we

meet the reserve energy requirement of this paragraph. We request an exemption to

the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration

number assigned to the aircraft and a registration certificate must be aboard the

aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be

"displayed at the cabin or cockpit entrance so that it is legible to passengers or
crew." At a maximum gross weight of 6.3 pounds, the sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying

passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA

will be co-located with the crew at the ground control station and available for

inspection upon request. In order to identify the aircraft, we propose that the

information found on airworthiness and registration certificates be permanently

affixed to the aircraft via placard containing the following information plus the word

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

Alterations The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43.

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to

service by a person authorized under 43.7" after maintenance and inspection. It is

our intention that the PIC perform maintenance and inspection of the aircraft and "be

authorized to approve the aircraft for return to service." The PIC will ensure that the

aircraft is in an airworthy condition prior to every flight and in addition conduct

detailed inspections after every two hours of flight. Maintenance performed by the

PIC is limited to repairing small cracks, replacing a propeller, checking electrical

connections and updating software and firmware for the on-board computer. All

other maintenance will be performed by the manufacturer or their designated repair

facility. The PIC will document work performed in accordance with 91.417. We feel

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure

an equivalent level of safety.