clear summit productions  com

March	2,	2016

Docket	Management	Facility	

U.S.	Department	of	Transportation

1200	New	Jersey	Avenue

SE	West	Building,	Ground	Floor	Room	W12-140

Washington,	DC			20590

Re:	 FAA-2016-

Petition	for	UAS	333	Exemption	

14	CFR	§11.81

Dear	Madam	or	Sir:

This	is	a	petition	under	14	CFR	§11.81	for	a	Section	333	exemption	for	UAS	usage	by	Clear	

Summit	Productions,	LLC	(hereinafter	“Clear	Summit	Productions”	or	“CSP”).	

Identifying	information	for	petitioner:

Mailing	Address: Clear	Summit	Productions,	LLC

11247	W.	Ford	Drive

Lakewood,	CO	80220

Email	Addresses:	 Jeremy	Jacob,	partner:	jejacob@gmail.com

Erik	Stenbakken,	partner:	erik.stenbakken@gmail.com

Phone	Numbers: Jeremy	Jacob,	partner:	(407)	754-4358

Erik	Stenbakken,	partner:	(970)	978-6937

Specific	Applicable	Regulations:

The	following	is	a	list	of	the	specific	Federal	Regulations	that	Clear	Summit	Productions is	

requesting	exemption	from:

14	CFR	§§61.23(a)	and	(c)	– Medical	certificates:	Requirement	and	duration.

(a) Operations	requiring	a	medical	certificate. Except	as	provided	in	paragraphs	(b)	

and	(c)	of	this	section,	a	person—

(1)	Must	hold	a	first-class	medical	certificate:

(i)	When	exercising	the	pilot-in-command	privileges	of	an	airline	transport	pilot	

certificate;
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(ii)	When	exercising	the	second-in-command	privileges	of	an	airline	transport	

pilot	certificate	in	a	flag	or	supplemental	operation	in	part	121	of	this	chapter	that	

requires	three	or	more	pilots;	or

(iii)	When	serving	as	a	required	pilot	flightcrew	member	in	an	operation	

conducted	under	part	121	of	this	chapter	if	the	pilot	has	reached	his	or	her	60th	

birthday.

(2)	Must	hold	at	least	a	second	class	medical	certificate	when	exercising:

(i)	Second-in-command	privileges	of	an	airline	transport	pilot	certificate	in	part	

121	of	this	chapter	(other	than	operations	specified	in	paragraph	(a)(1)(ii)	of	this	

section);	or

(ii)	Privileges	of	a	commercial	pilot	certificate;	or

(3)	Must	hold	at	least	a	third-class	medical	certificate—

(i)	When	exercising	the	privileges	of	a	private	pilot	certificate;

(ii)	When	exercising	the	privileges	of	a	recreational	pilot	certificate;

(iii)	When	exercising	the	privileges	of	a	student	pilot	certificate;

(iv)	When	exercising	the	privileges	of	a	flight	instructor	certificate	and	acting	as	

the	pilot	in	command;

(v)	When	exercising	the	privileges	of	a	flight	instructor	certificate	and	serving	as	a	

required	pilot	flight	crewmember;

(vi)	When	taking	a	practical	test	in	an	aircraft	for	a	recreational	pilot,	private	

pilot,	commercial	pilot,	or	airline	transport	pilot	certificate,	or	for	a	flight	instructor	

certificate;	or

(vii)	When	performing	the	duties	as	an	Examiner	in	an	aircraft	when	

administering	a	practical	test	or	proficiency	check	for	an	airman	certificate,	rating,	or	

authorization.

(c) Operations	requiring	either	a	medical	certificate	or	U.S.	driver's	license.

				(1)	A	person	must	hold	and	possess	either	a	medical	certificate	issued	under	part	

67	of	this	chapter	or	a	U.S.	driver's license	when—

(i)	Exercising	the	privileges	of	a	student	pilot	certificate	while	seeking	sport	pilot	

privileges	in	a	light-sport	aircraft	other	than	a	glider	or	balloon;

(ii)	Exercising	the	privileges	of	a	sport	pilot	certificate	in	a	light-sport	aircraft

other	than	a	glider	or	balloon;

(iii)	Exercising	the	privileges	of	a	flight	instructor	certificate	with	a	sport	pilot	

rating	while	acting	as	pilot	in	command	or	serving	as	a	required	flight	crewmember	of	

a	light-sport	aircraft	other	than	a	glider	or	balloon;	or

(iv)	Serving	as	an	Examiner	and	administering	a	practical	test	for	the	issuance	of	a	

sport	pilot	certificate	in	a	light-sport	aircraft	other	than	a	glider	or	balloon.

(2)	A	person	using	a	U.S.	driver's	license	to	meet	the	requirements	of	this	

paragraph	must—

(i)	Comply	with	each	restriction	and	limitation	imposed	by	that	person's	U.S.	

driver's	license	and	any	judicial	or	administrative	order	applying	to	the	operation	of	

a	motor	vehicle;

(ii)	Have	been	found	eligible	for	the	issuance	of	at	least	a	third-class	airman	

medical	certificate	at	the	time	of	his	or	her	most	recent	application	(if	the	person	has	

applied	for	a	medical	certificate);
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(iii)	Not	have	had	his	or	her	most	recently	issued	medical	certificate	(if	the	person	

has	held	a	medical	certificate)	suspended	or	revoked	or	most	recent	Authorization	for	

a	Special	Issuance	of	a	Medical	Certificate	withdrawn;	and

(iv)	Not	know	or	have	reason	to	know	of	any	medical	condition	that	would	make	

that	person	unable	to	operate	a	light-sport	aircraft	in	a	safe	manner.

14	CFR	§§61.101(e)(4)	and	(5) – Recreational	pilot	privileges	and	limitations.

				(e) Except	as	provided	in	paragraphs	(d)	and	(i)	of	this	section,	a	recreational	

pilot	may	not	act	as	pilot	in	command	of	an	aircraft—

				(4) For	compensation	or	hire;

				(5) In	furtherance	of	a	business;

14	CFR	§61.113(a)	– Private	pilot	privileges	and	limitations:	Pilot	in	command.

					(a)	Except	as	provided	in	paragraphs	(b)	through	(h)	of	this	section,	no	person	

who	holds	a	private	pilot certificate	may	act	as	pilot	in	command	of	an	aircraft	that	

is	carrying	passengers	or	property	for	compensation	or	hire;	nor	may	that	person,	

for	compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft.

14	CFR	§61.315(a)	– What	are	the	privileges	and	limits	of	my	sport	pilot	certificate?	

					(a) If	you	hold	a	sport	pilot	certificate	you	may	act	as	pilot	in	command	of	a	lightsport	aircraft,	except	as	specified	in	paragraph	(c)	of	this	section.

14	CFR	§91.7(a) – Civil	aircraft	airworthiness.

					(a) No	person	may	operate	a	civil	aircraft	unless	it	is	in	an	airworthy	condition.

14	CFR	§§91.119(c)	– Minimum	safe	altitudes:	General.

Except	when	necessary	for	takeoff	or	landing,	no	person	may	operate	an	

aircraft	below	the	following	altitudes:

					(c) Over	other	than	congested	areas. An	altitude	of	500	feet	above	the	surface,	

except	over	open	water	or	sparsely	populated	areas.	In	those	cases,	the	aircraft	may	

not	be	operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.

14	CFR	§91.121 – Altimeter	settings.

(a)	Each	person	operating	an	aircraft	shall	maintain	the	cruising	altitude	or	flight	

level	of	that	aircraft,	as	the	case	may	be,	by	reference	to	an	altimeter	that	is	set,	when	

operating—

(1)	Below	18,000	feet	MSL,	to—

(i)	The	current	reported	altimeter	setting	of	a	station	along	the	route	and	within	

100	nautical	miles	of	the	aircraft;

(ii)	If	there	is	no	station	within	the	area	prescribed	in	paragraph	(a)(1)(i)	of	this	

section,	the	current	reported	altimeter	setting	of	an	appropriate	available	station;	or
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(iii)	In	the	case	of	an	aircraft	not	equipped	with	a	radio,	the	elevation	of	the	

departure	airport	or	an	appropriate	altimeter	setting	available	before	departure;	or

(2)	At	or	above	18,000	feet	MSL,	to	29.92′′ Hg.

(b)	The	lowest	usable	flight	level	is	determined	by	the	atmospheric	pressure	in	

the	area	of	operation	as	shown	in	the	following	table:

Current	altimeter	setting Lowest	usable	flight	level

29.92	(or	higher) 180

29.91	through	29.42 185

29.41	through	28.92 190

28.91	through	28.42 195

28.41	through	27.92 200

27.91	through	27.42 205

27.41	through	26.92 210

(c)	To	convert	minimum	altitude	prescribed	under	§§91.119	and	91.177	to	the	

minimum	flight	level,	the	pilot	shall	take	the	flight	level	equivalent	of	the	minimum	

altitude	in	feet	and	add	the	appropriate	number	of	feet	specified	below,	according	to	

the	current	reported	altimeter	setting:

Current	altimeter	setting Adjustment	factor

29.92	(or	higher) None

29.91	through	29.42 500

29.41	through	28.92 1,000

28.91	through	28.42 1,500

28.41	through	27.92 2,000

27.91	through	27.42 2,500

27.41	through	26.92 3,000

14	CFR	§§91.151(a)(1)	– Fuel	requirements	for	flight	in	VFR	conditions.

					(a) No	person	may	begin	a	flight	in	an	airplane	under	VFR	conditions	unless	

(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to	fly	to	the	

first	point	of	intended	landing	and,	assuming	normal	cruising	speed—

					(1) During	the	day,	to	fly	after	that	for	at	least	30	minutes;	or

					

14	CFR	§91.405(a)	– Maintenance	required.

Each	owner	or	operator	of	an	aircraft—
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(a) Shall	have	that	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;

14	CFR	§91.407(a)(1)	– Operation	after	maintenance,	preventive	maintenance,	

rebuilding,	or	alteration.

					(a) No	person	may	operate	any	aircraft	that	has	undergone	maintenance,	

preventive	maintenance,	rebuilding,	or	alteration	unless—

							(1) It	has	been	approved	for return	to	service	by	a	person	authorized	under	§43.7	

of	this	chapter;	and

14	CFR	§91.409(a)(1)	and	(2)	– Inspections	

					(a) Except	as	provided	in	paragraph	(c)	of	this	section,	no	person	may	operate	an	

aircraft	unless,	within	the	preceding	12	calendar	months,	it	has	had—

							(1) An	annual	inspection	in	accordance	with	part	43	of	this	chapter	and	has	been	

approved	for	return to	service	by	a	person	authorized	by	§43.7	of	this	chapter;	or

							(2) An	inspection	for	the	issuance	of	an	airworthiness	certificate	in	accordance	

with	part	21	of	this	chapter.

14	CFR	§91.417(a)	and	(b)	– Maintenance	records.

					(a) Except	for	work	performed	in	accordance	with	§§91.411	and	91.413,	each	

registered	owner	or	operator	shall	keep	the	following	records	for	the	periods	specified	

in	paragraph	(b)	of	this	section:

(1)	Records	of	the	maintenance,	preventive	maintenance,	and	alteration	and	

records	of	the	100-hour,	annual,	progressive,	and	other	required	or	approved	

inspections,	as	appropriate,	for	each	aircraft	(including	the	airframe)	and	each	engine,	

propeller,	rotor,	and	appliance	of	an	aircraft.	The	records	must	include—

(i) A	description	(or	reference	to	data	acceptable	to	the	Administrator)	of	the	

work	performed;	and

(ii)	The	date	of	completion	of	the	work	performed;	and

(iii)	The	signature,	and	certificate	number	of	the	person	approving	the	aircraft	for	

return	to	service.

(2)	Records	containing	the	following	information:

(i)	The	total	time	in	service	of	the	airframe,	each	engine,	each	propeller,	and	each	

rotor.

(ii)	The	current	status	of	life-limited	parts	of	each	airframe,	engine,	propeller,	

rotor,	and	appliance.

(iii)	The time	since	last	overhaul	of	all	items	installed	on	the	aircraft	which	are	

required	to	be	overhauled	on	a	specified	time	basis.

(iv)	The	current	inspection	status	of	the	aircraft,	including	the	time	since	the	last	

inspection	required	by	the	inspection	program	under	which	the	aircraft	and	its	

appliances	are	maintained.

(v)	The	current	status	of	applicable	airworthiness	directives	(AD)	and	safety	

directives	including,	for	each,	the	method	of	compliance,	the	AD	or	safety	directive	
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number	and	revision	date.	If	the	AD	or	safety	directive	involves	recurring	action,	

the	time	and	date	when	the	next	action	is	required.

(vi)	Copies	of	the	forms	prescribed	by	§43.9(d)	of	this	chapter	for	each	major	

alteration	to	the	airframe	and	currently	installed	engines,	rotors,	propellers,	and	

appliances.

					(b) The	owner	or	operator	shall	retain	the	following	records	for	the	periods	

prescribed:

(1)	The	records	specified	in	paragraph	(a)(1)	of	this	section	shall	be	retained	until	

the	work	is	repeated	or	superseded	by	other	work	or	for	1	year	after	the	work	is	

performed.

(2)	The	records	specified	in	paragraph	(a)(2)	of	this	section	shall	be	retained	and	

transferred	with	the	aircraft	at	the	time	the	aircraft	is	sold.

(3)	A	list	of	defects	furnished	to	a	registered	owner	or	operator	under	§43.11	of	

this	chapter	shall	be	retained	until	the	defects	are	repaired	and	the	aircraft	is	

approved	for	return	to	service.

Make	and	Model	of	Aircraft	for	Proposed	Operations:

Clear	Summit	Productions	owns	a	DJI	Phantom	3	Professional.

The	Extent	of	and	Reasons	Relief	is	Sought:

Clear	Summit	Productions	is	a	commercial	videography	company	that	uses	a	UAS	to	collect	

aerial	photographs	and/or	video	footage	for	documentary,	marketing/advertising,	training,	

or	other	specific	commercial	client	projects. Our	clients	include	individuals,	non-profit	

agencies,	and	private and	public	businesses	and	agencies.	

Ways our	Business	and	UAS Benefit	the	Public:

Clear	Summit	Productions’	projects	benefit	the	public	through	several	channels:	

information,	education,	entertainment,	philanthropy,	and	enhanced	spiritual	awareness.	

The	Effects	of	this	Exemption	on	Ongoing	Safety:	

The	majority of	our	aerial	footage	is	collected	within	Class	G	airspace	– 400	feet	in	the	air	or	

less	– and	is	planned	out	in	advance.	The	UAV	is	kept	within	eyesight	at	all	times	and	is	

never	flown	within	five	miles	of	an	airport.	When	footage is	shot	over	a	public	area,	the	UAS	

remains	well	to	the	side	of	any	people	present,	using	a	long	lens	to	collect	data	rather	than	

proximity.

Whether	footage	is	shot	over	private	or	public	property,	owners or	managers	are	contacted	

well	before	the	shoot	occurs	and	the	plans	for	shooting	and	safety are	explained.	Once	the	

authorized	person	understands	the	scope	of	the	project	and	has	had	a	chance	to	ask	any	

questions	they	may	have,	they	sign	a consent/release.	They	are	also	welcome	to	be	present	

at	the	shoot	if	they	wish.	

In	addition,	Clear	Summit	Productions’	UAS	has	significant	safety	features	built	into	it.	
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These	include:	

1)	beginner	mode	– which	limits	a	new	pilot’s	flying	distance	and	altitude;	

2) auto-takeoff	– which	operates	strictly	within	pre-set	guidelines;	

3)	auto-return	home	– which	signals	the	Phantom	to	return	to	the	exact	spot	it	took	

off	from	when	activated;	

4) general	failsafe	feature	– which	triggers	the	Phantom	to	return	to	its	exact	takeoff	

location	in	the	event	of	battery	failure,	technical	failure,	or	any	other	type	of	loss	of	

connection	with	the	remote	controller;	and	

5)	an	auto-limiter	– which	allows	the PIC	to	pre-set	the	altitude	the	UAS	is	allowed	

to	fly.

To	summarize:	This	exemption	would	not	adversely	affect	safety	in	any	way. CSP’s	business	

policies,	pilot	training, and	the	built-in	safety	features	of	our	UAS	are	more	than	adequate	

to	ensure	all	aspects	of	ongoing	safety.

Flying	outside	the	United	States:

We	have	not	used	our	UAS outside	the	U.S.	borders.	We	have	not	been	requested	to	do	so	

by	a	client,	nor	do	we	have	any	plans	at	any	time	in	the	future	for	international	usage.	We	

are	not	requesting	that	this	exemption	extend	beyond	the	borders	of	the	United	States.

Summary:

Clear	Summit	Productions	requests	exemption	from	14	CFR	§§61.23(a)	and	(c),	

61.101(e)(4)	and	(5),	61.113(a),	61.315(a),	91.7(a),	91.119(c),	91.121,	91.151(a)(1),	

91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	91.417(a)	and	(b),	so	that	we	may	use	

our	DJI	Phantom	3	Professional	UAS	in	the	continued	creation	of	commercial	still	

photographic	and	videographic	productions for	our	clientele.

Thank	you	for	your	time	and	consideration.

Sincerely

Erik	Stenbakken,	Partner and	Jeremy	Jacob,	Partner

for	Clear	Summit	Productions,	Applicant for	Clear	Summit	Productions,	Applicant