September30th 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE., Washington, DC 20590 Aero Film 3000 31st Street Santa Monica, CA90405

VIA FEDERAL DOCUMENT MANAGEMENTSYSTEM

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and ReformAct of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Aero Film, seeks an exemption from FederalAviation Regulations ("FARs") detailed belowfor the following described UnmannedAerial System called in this application the ME System, which includes an UnmannedAircraft (UA) and ground stationbased equipment and crew: THE UNMANNEDAIRCRAFT (UA): -A lightweight (20 lb gross weight with all on-board equipment), manufactured by DJI, Inspire 1, Phantom 2, S900 and S1000that includes the following equipment in flight; -An on-board flight computerwith GPS navigation and location abilitythat receives signals for flight controls from a ground-based transmitter/controller; -An on-board camera capable of capturing imagery in the form of full color, high definition still photos and video; -An on-board telemetry system that delivers flight datafrom the on-board flight computerto the on-board radio transmitter including altitudeAGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site; -A2.4GHz on-board radio transmitterthat transmits live video from the on-board camera plus all the flight datafrom the telemetry system described above; THE GROUD STATION -BASED PART OFTHE SYSTEM:
-A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAwhile in the air; -A2.4GHz radio transmitter/controller operated bythe PIC to control the UAwhile in flight; -Aradio receiver receiving live video and flight datafrom the on-board camera and computer projects it all together onto a screen for the PIC to viewduring flight; -AVisual Observer (VO) is a person who provides a second pair of eyes to visuallytrackthe UA while in flight.The requested exemption would support an application for a commercial Certificate of Authorization to usethe above described ME System for aerial cinematography, photography, including Closed Set Filming neveroperating overpersons notdirectly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminishthe likelihood of death orserious bodily injury. With a small payload and maximum flighttime of only 18 minutes, this is offers little or no risk to national security. Low level oblique photos and video from several angles are far more effective than groundbased imageryfordisplaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full-sized helicopterforthis purpose, which has proven more costlythan many potential clients are able to afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real propertyand marine property. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flight will be made with a UAGross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no morethan 400 

### ItAGL, at an airspeed of no morethan 50 knots and nofurtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate byvoice at all times during a flight operation; d) Operations will be restricted toflights overpropertywith the permission of the propertyowner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 {b), a minimum of 100flight cycles and 25 hours oftotal time as a UArotorcraft pilot and at least ten hours logged as a UApilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g)The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated overanyopen-air assembly of people; 

### j) The ME System will not be operated overheavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weatherconditions equivalentto VFR; m) The PIC will brief the VO and propertyowneraboutthe operation and risk before the first flight at each new location; n) No flight may be made without a Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe forflight (seeAppendixA).The PIC and VO will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftheir initial training.
We submitthatthe combination ofthe UA's light weight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA can havefull confidence that the operation will have an equivalentorgreater level of safety than manned aircraft performing the same mission. The name and contact information of the applicant are: Aero Film Ph: 310-396-3636 Email: Skip@aerofilm.com The regulations from which the exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found togetherwith our proposed equivalent level ofsafetyfor each regulation:

- 14 CFR Part 21 .................................Addendum Page 1

- 14 CFR 91.203.................................Addendum Page 1

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2

- 14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121..
............Addendum Page 3

- 14 CFR 91.151 .................................Addendum Page 3

- 14 CFR Subpart E (91.401

- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1
We are prepared to modify oramend any part ofthis requestto satisfythe need for an equivalent level of safety. Please contact us at anytime ifyou require additional information or clarification. We lookforward to working with youroffice. 

# zzar

Skip Short,Aero Film Addendum containing Exemption Requests and Equivalent Level of SafetyAppendixA- Flight Manual's Appendix B- Owner's Manual for UAADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVELOF SAFETY
Aero Film requests an exemption from the following regulations as well as anyadditional regulations that maytechnically applyto the operation ofthe ME System:
14 CFR Part 21, Subpart H:Airworthiness Certificates This part establishes the procedures forthe issuance of an airworthiness certificate. While the FAA continues to workto develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be iseued forthe ME System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe 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 otheroperations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate majordesign changes, and flights to show compliance with thefunction and reliability requirements ofthe regulations. Since the experimental certificate can be used forcommercial purposes such as market surveys, sales demonstrations, and customercrew training, we would expectthat an experimental certificate would permit our commercial purpose as well.
The aircraft will not carry persons or property, will not carryfuel, and will onlyfly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose thatthe UAwill be at least as safe, if notsafer, than a conventionally certificated aircraft performing the same mission.
If an experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14CFR Part 21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.
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) providesthatthe airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legibleto passengers or crew."At a maximum gross weight of6.5 pounds, the UA is too small to carrydocumentation, does not have an entrance, and is not capable of carrying passengers orcrew. To obtain an equivalent level of safetyand meetthe intent of 91.203, we propose that documents deemed appropriate for this aircraft bythe FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL"to satisfythe requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below:AppendixA EXPERIMENTAL Manufacturer: DJI Innovations, Inc. 950 E BaselineAve. Ste. 210Apache JunctionAZ 85119 Models: Inspire 1, Phantom 2, S900 and S1000
14CFR 45.23 Displayof marks; general and 45.29 Size of marks. These regulations providethat each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The UAdoes not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA.
We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe 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 atthe 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 anyonethat observes the aircraft and chooses to investigate its point of origin.
14 CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person mayoperate an aircraft unless a current, approved flight manual is in the aircraft. We assumethat the intent ofthis requirement is to ensure that flight manual information is availableto the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is notonlytoo small to carry documentation, the documentationwould not be available to the crew during flight operations.
To obtain an equivalent level ofsafety and meetthe intent of 91.9, we propose that a current, approved UA Flight Manual (AppendixA) must be available to the crew at the ground station any1ime the aircraft is in, or preparing for, flight.
14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation providesthat no person that holds a private pilot certificate mayact as pilot in command of an aircraftforcompensation 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 propertyfor compensation or hire. Our proposed operations require thatthe PIC must either
1. Hold a Sport Pilot Certificate issued bythe FAA, and have logged 25 hours of flight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available forthe pilot of aUAS to gain the experience in an equivalent categoryand class in orderto applyfor a commercial pilot's license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of 61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.
14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flighttests The regulation statesthat "No person may operate a civil aircraft that is being used forflight instruction unless that aircraft hasfullyfunctioning dual controls."
The ME System ground-based control station consists of a small 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 ofcontrols simultaneously. With both student and instructor having "hands-on" the controls duringflight, we feel thatthis technique meetsthe intent 91.109 and provides an equivalent level of safety.
14CFR 91.119 Minimum safe altitudes: General. The regulation states that oversparsely populated areas the aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, orstructure. Since the aircraftwill be operating at a maximum of400feetAGL, we cannot comply with this requirement.
In orderto provide an equivalent level ofsafetywe will onlyfly overprivate property with permission ofthe ownerofthe propertyflown over. The aircraft will not be operated over congested areas or overanyopen air assemblyof persons. The propertyowner will be briefed on the expected route offlight andthe associated risks to persons and propertyon the ground. The aircraftwill be operated at a lowaltitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The UAwill always fly below 400feetAGLand will not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft.AnAbove Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UAon-board computerto the display screen held bythe PIC, providing a constantly updatedAGL readout.
14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unlessthere is enough fuel to flyto the first point of intended landing and to fly after that for at least30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfordelaysto landing. The UA is battery operated and the maximum duration of flight from a single batterycharge is 18 minutes with a 20% reserve. Since the aircraft will neverfly morethan 314 NM from the point of intended landing, a full battery charge atlaunch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".
14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance,Alterations The regulation provides thatthe operator is primarily responsible for maintaining the aircraft in an airworthycondition, 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 ofthe aircraft and "be authorized to approvethe aircraftfor return to service."As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensurethatthe aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe 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 bythe manufacturer ortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level of safety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot orobserver. The UA maximum grossweight is 6.5 pounds, it is constructed ofcarbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Giventhe unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslyto the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden.
We propose thatthe minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and avalid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.APPENDIXA- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flightwill be madewith a UAGross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400'AGL, at an airspeed of no more than 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights over propertywith the permission of the property owner; e) The PIC must have accumulated and logged, in a mannerconsistent with 14 CFR 

### § 61.51 (b), a minimum of 100flightcycles and 25 hours oftotal time as a UArotorcraft pilot and at least ten hours logged as a UA pilot with a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at airshows; i) The ME System will not be operated over any open-airassembly of people; 

### j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to dayonly and weatherconditions equivalent to VFR; m) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; n) No flight may be madewithout a successful Pre-Flight Inspection by the PIC before each operation to ascertain that the UA is in a condition safe forflight. PREFLIGHTCHECKLIST 1. Remote controller, aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SDcard has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and will bring the UAV back to the PIC.