flythefarm Aerial Productions 615 W Richwoods Blvd., Peoria, IL 61604

TELEPHONE : 970.222.9524
Oct 30th, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, D.C. 20590

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act

and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1 ); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir or Madam: Petitioner hereby petitions the Secretary of Transportation and Federal Aviation Administration ("FAA") for exemption to the above referenced and below more fully described Federal Aviation Regulations, ("FARs") that currently may or may not apply to the recreational/business operations of model aircraft including small unmanned aerial vehicles/systems ("SUAVs"). **1. Prefatory Statement**  **to Petition** In June, 1981, the FAA published an advisory circular, AC 9 1

-57, (an advisory publication giving non

- regulatory information/guidance. Advisory circulars do not create or change regulations and are not binding on the public.) AC 9 1

- 57 was entitled "Model Aircraft Operating Standards" and gave no n - regulatory suggestions to model aircraftoperators on suggested procedures for operating their models. This was the sole publication by the FAA which addressed model aircraft and SUAVs for the next nearly 25 years. In September 2005, the FAA appeared to turn its attention toward unprecedented attempts at regulating model aircraft specifically the more modern SUAVs. The FAA, for the first time in history now termed these devises as Unmanned Aeri al Systems ("UAS") seemingly to align with their attempts at enforcement. The FAA published "AFS

-400 UAS POLICY 0 5
-01

- Unmanned Aircraft Systems Operations in the U. S. National Airspace Syste m - Interim Operational Approval Guidance." This interim internal FAA memo expressly confirms that "[t]his policy is not meant as a substitute for any regulatory process." Still, it purported to "require" a Certificate of Authorization ("COA") or Waiver to use SUAVs. The new FAA policy relied on legal/regulatory "authority" on the no n - regulatory, AC 9 1

-57. Ill In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. The 2007 Policy Statement starts by defi ning ".unmanned aircraft" as "a device that is used, or intended to be used, fo r flight in the air with no onboard pilot" and it purported to include "a remotely controlled model airplane used for recreational purposes." The FAA termed these devices UAS and then purported to articulate the new FAA "policy" for "UAS" operations was th at "no person may operate a "UAS" in the National Airspace System without specific authority." For the first time ever, the 2007 Notice purported to articulate two new alleged "rules": (1) Model aircraft can no longer be operated for a "business" purpose ; and (2) a Model a ircraft operated for a business purpose requires a COA, or special Certificate of Operating Authority and therefore is subject to the FARs.Thereafter, beginning in 2007, and continuing to present, apparently based on these two new FAA internal "policies" and without citing to any actual federal law, or FARs, the FAA then sent various cease and desist notices to model aircraft SUAV operators describing the COA process and threatening to impose a $10,000 fine if they did not comply with t he new FAA policies which the FAA indicated created a "ban" on using SUAVs for any "business purpose." In 2012, following the FAA's attempts to regulate using internal policy memos, Congress enacted the Federal Aviation Administration Reform and Modernizat ion Act, ["FRMA"]. The FRMA allows the Secretary of Transportation to "exempt" SUAVs from existing Federal Law, FARs to the extent any federal law or FAR actually currently applies to SUAVs. Petitioner at all times has and operates his SUAVs following the safety guidelines of AC 9 1

-57. **2. Petition for Exemption** With the above preface, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") and 14 C.F.R. Part 11, flythefarm , developer and operator of Small Unmanned Aerial Vehicles ("SUAVs") equipped to conduct aerial photography/videography included but not limited to the following; Business Operations: over land, water

-ways, and oceans; operation over/in no n - restricted National Parks, National Forests, flight in non

- navigable airs pace, using non

intrusive recording devices, operation in otherwise unrestricted U.S. States/Territories hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its SUAVs, so long as such opera tions are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As described more fully below, the requested exemption would permit the operation of SUAVs under controlled conditions in ai rspace that is 1) limited; 2) predeterm i ned; and 3) controlled as to access. The exemption would also providesafety enhancements to the already safe operations within the aerial photography, film and television industry presently using conventional aircra ft and small, unmanned and relatively inexpensive SUAVs. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to" ... establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the FMRA. **3. Name and Address of the Petitioner** flythefarm Aerial Prod uctions Attn: Andrew Hoerr Ph: 970.222.9524 Email: flythefarm@gmail.com Address: 615 W Richwoods Blvd., Peoria, IL 61604 **4. Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to SUAVs**  14 C
. F
. R Part 21 14 C.F.R. 91.109 14 C
. F
. R 91.405 (a) 14 C.F.R. 45.23(b) 14 C.F. R. 91.119 14 C
. F
. R 407 (a) (1) 14 C
. F
. R 61.113 (a) & (b) 14 C.F.R. 91.121 14 C
. F
. R 409 (a) (2) 14 C.F.R. 91.7 (a) 14 C
. F
. R 91.151 (a) 14 C
. F
. R 417 (a) & (b) 14 C
. F
. R 91.9 ( b) (2) 14 C

. F
. R 91.203 (a) & (b) 14 C.F.R. 91.103 This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system ("NAS") before completion of the rulemaking required under Sect ion 332 of the FMRA. In making this determination, the Secretary is required to determine which types of SUAVs/UASs do not create a hazard to users of the NAS, or the public, or pose a threat to national security in light of the follow ing:A. The SUAVs size, weight, speed, and operational capability; B. Operation of the SUAVs in close proximity to airports and populated areas; C. Operation of the SUAVs within visual line of sight of the operator. FMRA §333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." /d. §333(c) (emphasis added). The Petitioner interprets this provision to place the duty on the Secretary/FAA Administrator to not only process applications for exemptions under section 333, but for the Secretary/Administrator to affirmatively craft conditions for the safe o p eration of the SUAVs, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the Secretary/FAA Administrator the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §401 01 of the Act, which currently may or hereafter may include SUAVs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Secretary/FAA Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 4470 2

-44716 of this title if the Secretary/FAA Administrator finds the exem ption in the public interest. 49 U.S. C. 44701 (f). See als o 49 U.S.C 44711 (a); 49 U.S.C 44704; 14 C.F.R 91.203 (a) (1 ). The flythefarm’s SUAVs are mult i

- rotorcraft equipped with an on board NAZA computer stabilization controller and GPS, weighting 55 lbs or less and most typically less than 20 lbs., including camera/payload. They operate, under normal conditions, at speeds of 5
-40 KIAS and at a speed of no more than 50 KIAS and havethe capability to hover and move in the vertical and horizontal pla ne independently/ simultaneously. They will operate in line of sight and will operate only within the areas described herein. Such operations will insure that the SUAVs will "not create a hazard to users of the NAS or the "public" as described in t h e FMRA §333(b). Given the small size of the SUAVs involved, and the limited environment within which they will operate, the Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA m ust, by exe mption, allow commercial operations of SUAVS to commence immediately. Also, due to the size of the SUAVs and the restricted areas in which the relevant SUAVs will operate, approval of the application presents no national security issue. Given the clear direction in FMRA §333, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts (including reduced emissions associated with allowing SUAVs for filming operations rather than ful l

-sized aircraft, the grant of the requested exemptions is in the public interest. Accordingly, the Petitioner respectfully req u ests that the FAA grant the requested exemption without delay. **5. Limitations and Conditions** The Petitioner proposes that the exemption requested herein be issued pursuant the limitations and conditions listed herein. These conditions/limitations prov i de for an
even higher level of safety to operations under the current regulatory structure which apply to actual certificated aircraft because the proposed operations represent a safety enhancement to the already very safe SUAVs filming operations condu cte d by recreation al SUAVs and conventional aircraft.These limitations and conditions to which flythefarm agrees to be bound when conducting business/commercial operations under this FAA issued exemption include: A. The SUAVs maximum take

- off weight ("MTOW") will be less t han 55 lbs., usually less than 25 lbs. B. Flights will be operated within the line of sight of the Operator and/or observer. Maximum total flight time for each operational flight will be 60 minutes or less. Flights will be terminated and not less than 1 0% battery power reserve, which should that occur prior to the 60 minute limit. C. The Operator may designate and supervise another experienced SUAV operator to operate the SUAVs subject to the supervision and direction of the Operator. D. Flights will be o perated at an altitude of no more than 400 feet above ground level ("AGL") underneath navigable airspace. Minimum crew for each business operation will consist of the SUAVs' Operator, the Visual Observer/Camera Operator, if required for the operation. Flig hts will not be operated in Class A, B, C, or D airspace but may be operated in class E and G airspace, provided the SUAVs Operator/Observer maintains visual line of sight with the SUAVs and safe separation from actual certificated aircraft in the airspace

. E. Briefing will be conducted in regard to the planned SUAVs operations prior to each day's production activities. It will be mandatory that all personnel who will be either Operator or Visual O bserve r/Camera O perator be present for this briefing. The Operator will review weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. The SUAVs and batteries to be used will be safety inspected prior to flight using appropriate checklists.F. The Operator will attempt to obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 25 feet of the flight o peration. G. Operator and observer/camera operator will have been trained in operation of SUAVs generally and received u p -t o - date information on the particular SUAVs to be operated. H. Operator and Observer/Camera Operator shall at all times during flight operation, be in direct voice/radio communication.
I. Written and/or oral permission from the relevant property holders may be obtained. All required permissions and permits may be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. If the SUAVs loses communications or loses its GPS signal, the UAS will have capability to return to home/pre - determined location within the Security Perimeter and land. J. The SUAVs will have the capability to abort a flight, in case of unpredicted obstacles oremergencies. The Operator shall carry/use appropriate LIPO battery protective bags and fire extinguishing equipment. **6. Description of Regulations Which May Apply**  **From Which**  **Petitioner Requests**  Exception 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited ope rating area associated with the SUAVs to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requireme nts of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.§44701 (f))

an d Section 333 of the FMRA both authorize the FAA to exempt aircraft from therequirement for an airworthiness certificate, u pon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particula r SUAVs. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certifi c ate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft ( fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The SUAVs to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenge r, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator and will also remain w ithin the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducte d with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of explosive m a terials 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 regi stration number is displaye d on limited, restricted or ligh t
- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in lett ersnot less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the SUAVs will have no airworthiness certificate, an exemption may be needed as the SUAVs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the SUAVs, two - inch 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 SUAVs marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the SUAVs will see the identification of the SUAVs as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. **14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Operator.** Sections 61.113 (a) & (b) limit private pilots to n o n - commercial operations. Because the SUAVs is unmanned and will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Operator operating the aircraft to have a FAA ground school cours e rather than a commercial pilot's license to operate this small SUAVs. Unlike a conventional aircraft that carries the pilot and passengers, the SUAVs is remotely controlled with no living thing on board. The area of operation is contro lled and restricted, and all flights are planned and coordinated in advance. The level of safety provided by the requirements included herein exceed that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the SUAVs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the SUAVs asrequested with a private pilot as the Operator e xceeds 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 aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for d etermining airworthiness. Given the size of the aircraft and the requirements contained herein for the use of safety check lists pri or to 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 Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a c u rrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The SUAVS, g iven its size and configuration has no ability or place to carry such a flight manual on the aircraft, not o nly because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the SUAVs operation manual and appropriate checklists at the ground co n trol point where the pilot flying the SUAVs will have immediate access to it. The FAA has issued the following exemptions to this regulati on: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.**14 C.F.R. 91.103: Pr** **e -** **flight action**  This regulation requires each pilot in command to take certain actions before flight to insure the safety of fl ight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be need e d. An equivalent level of safety will be provided as set forth hereinabove. The Operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of fl i ght using appropriate checklists. **14 C.F.R. 91.109: Flight instruction**  Section 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 aircraft has fully functioning dual controls. SUAVs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplish ed through the use of a radio transmitter that communicates with the aircraft via a receiver in the SUAVs. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in exp erimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried 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 aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitud es prescribed for helicopters by the FAA. This exemption is for a SUAVS and the exemption requests authority to operate at altitudes up to 400 AGL underneathnavigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an exemption may be needed to allow such o perations. The equivalent level of safety will be achieved given the size, weight, 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, attempts will be made to contact all affected individuals regarding the planned flight operations. Compared to flight operations with ai rcraft or rotorcraft weighting far more than the maximum 551bs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the lo waltitude operations of the SUAVs will ensure s eparation between these SUAVs 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 cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the SUAVs may not have a barometric altimeter, but instead a GPS alti tude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

**14 C.F.R. 91.151(a):**  **F uel**  **Requirements 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 conditions) thereis 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 (2) At night, to fly after that for at least 45 minutes." The battery powering the SU AVs provides approximat ely between 1 0

- 60 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, SUAVs flights would be limited to approximately 10 minutes in length. Given the limitations on the SUAVs proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Petitioner believes that an exemption from 14 CFR §91.151 (a) falls within the scope of pr i or exemptions. See Exemption 10 673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the SUAVs in controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 3 0 minutes of flight operation time, does not give rise to the type of risks that Section 91.151 (a) was intended to alleviate particularly given the size and speed of the SUAVs. Additionally, limiting SUAV flights to 2 0 minutes would greatly reduce the utility for which the exemption will be granted. Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 60 minutes or no less than 10% of battery power, whichever happens first. This restriction would be more than ade quate to return the SUAVs to its planned landing zone from anywhere within its limited operating area. Similar exemptions have been granted to other operations, including 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 part: (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 certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at t he cabin or cockpit entrance s o that it is legible to passengers or
crew. The SUAVs fully loaded weighs no more than 55 lbs ., and typically less than 20 lbs. , a nd is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documen ts or to display them on the SUAVs. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operator/pilot flying the SUAVs will have immediate access to them, to the extent they are applicable to the SUAVs. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 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 subpart E of this part and shall between required ins p ections, except as provided in paragraph© of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, an d the requirements of pre

-flight inspection required herein, these sectionswill not apply to the applicant. Routine and pre -flight maintenance will be acco m plished by the operator. An equivalent level of safety will be achieved because these SUAVs

are very limited in size and will carry a very small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the S U AVs can land immediately and given its small size poses very little risk to persona or property. The op erator will ensure that the SUAVs is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain th e aircraft in an airworthy condition to provide the equivalent level of safety. **7. Publication Summary** Pursuant to 14 C.F.R. Part 11, the fo llowing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Petitioner 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; 91.151(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 SUAVS vehicle (55l bs or less) for Aerial Photography Op e rations. Approval of exemptions allowing commercial operations of SUAVs for aerial photography/videography for the followi ng; Business Operations: over land, wate r-ways,
an d oceans; operation over/in non restricted National Parks, National Forests, fl i ght in

no n - navigable airspace, using non

- intrusive recording devices, operation in otherwise unrestricted US States/Territorie s will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes, just feet from the subject being filmed, and in extreme proximity to people and structures;and present the risks associated with vehicles that weigh in the neighborhood of 4,000 lbs., carrying large amounts of jet A or other fuel. In addition such actual certificated aircraft must fly to and from the film location. In contrast, a SUAVs weighing fewer than 55 lbs., a nd powered by batteries rather than fuel, eliminates virtually all of that risk. The SUAV is driven/carried to the film set, not flown. The SUAVS will carry no passengers or crew and, therefore, will not expose any crew to the risks associated with manned aircraft flights. The operation of SUAVs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide at least an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the Petitioner from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a line of sight, relatively sterile environment and are, as a result, far safer than conventional o perations conducted with actual aircraft/helicopters operating in close proximity to the ground and people. **8. Privacy** All business/commercial fl ights which occur over private or controlled access property will be with the property owner's prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. Petitioner will not infringe on any individual or landowner privacy righ t s. Limited nighttime operati ons may be conducted. Nighttime as defined FARs in Section is as follows 1.1. "Night means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Alm a nac, converted to local time." Night operations may be conducted by the SUAVs followingthe guidelines above and provided such operations have sufficient lighting so that Petitioner/Operator maintains visual line of sight. Allowing SUAVs this exemption will provide a far safer n ighttime filming alternative to the current full size aircraft operations. **9. Conclusion** The FAA's purported "ban" on bus iness/commercial Model Aircraft/ UAVs operations has actually had the current effect of causing American skies to be less safe. There are many actual certificated pilots who are exceptionally qualified to fly model aircraft/SUAVs with their model aircraft/SUAVs experience, private, commerci a l or ATP pilot training, licenses and instructor ratings. However, these experienced operators and licensed pilots familiar with the FARs, airspace and safe operating procedures are currently reluctant to commercially operate model aircraft/SUAVs or be involved, for fear of the FAA seeking an enforcement action against them or their actual pilot's lice nses. Presently, during the pendency of these issues in the Pirker case, it defies safety or regulatory logic that according to the FAA's current all e ged "ban" on business operations of SUAVs, your average enthusiastic 12 year old, who's well meaning Fathe r bought him a quadcopter SUAV equipped with a camera, can operate his SUAV wherever he wants and take whatever recreational video/pictures subject only to the suggestions of FAA AC 9 1

- 57 and yet an FAA certificated private/commercial/ATP pilot cannot be p aid to use far higher quality and equipped SUAVs to take an aerial photo, search for missing persona or aerially inspect a farmer's field, despite the significant improvement in safety over no n - pilots operating SUAVs recreationally and real aircraft used for aerial photography.
Satisfaction of the criteria provided in Section 333 of the FMRA of 2012, and requiring the SUAV's Operator to have or obtain medical a certificate and an actual pilot's license and considering the small size, weight, speed, operati ng capabilities, limited operations in proximity to airports and populated areas and operation within visual lineof sight and national security- all of which provide more than adequate justification for the grant of the requested exemptions allowing business /commercial operation of applicant's SUAVs for aerial photography/videography as requested herein. If this firm can be of any furt her assistance in processing this request, or you have any other questions or concerns, please do not hesitate to con tact me directly, in writing.

flythefarm

Andrew Hoerr