U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Maxwell Tubman (d/b/a Steam Machine Aerial) for an Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.P. Part 21, Subpart H; 61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.P.R. Part 11, Maxwell Tubman (d/b/a Steam Machine Aerial), does hereby apply for an exemption from the Federal Aviation Regulations ("FAR's") identified below, to
allow commercial use of small unmanned aerial systems (" sUAS") for the purpose of aerial photography and filmmaking under certain

c onditions set forth in the Steam Machine Aerial confidential Flight Operations Manual and **identical conditions** set forth in the FAA

issued "Exemption No. 11062", and related exempti ons issued to operators for closed set filming.

Also, pursuant to 14 CPR § 11.87, we request that the FAA not publish this petition request in the Federal Register and not delay action based on the following:

1. This petition for exemption does not set prec edent. Previous identical exemption requests have been approved.

2. The requested relief is identical to exemptions granted previously, specifically, Exemption(s) Nos. 11062 (Astraeus Aerial), 11066 (Aerial MOB), 11065 (Helivideo), and others.

3. A delay in action on this petition would adversely affect pendingrequests for aerial filming operations and result in lost opportunity and wages for participating crew, and a delay in the public benefit of granting this petition. In addition, a competitive advantage for unapproved commercial sUAS operators exists and continues to grow every day.

4. We are filing this exemption petition immediately following the finalized operations manual with respect to newly acquired
sUAS.

Notwithstanding the request not to publis h this petition request in the Federal Register, Steam Machine Aerial has submitted supporting materials including the confidential "Flight Operations Manual" which are confidential documents pursuant to 14 CPR § 11.35(b) and are not available to the publi c.

**Pursuant to 14 CFR § 11.87:**

A) The name and address of the applicant:
Maxwell W. Tubman
D/B/A Steam Machine Aerial
1834 S Camac st Philadelphia PA, 19148
339

- 222

- 2078

B) 14 C.F .R.

- Regulations for which exemption is requested:

1. Part 21, Subpart H

2. 61.113(a) and (b)

3. 91.119(c)

4. 91.121

5. 91.151(a)

6. 91.405(a)

7. 91.407(a)(1)

8. 91.409(a)(2)
9. 91.417(a) and (b)These regulation exemption requests are identical to the exemptions determined as necessary by the FAA in previously approved exemption petitions as described above.

C

. The extent of relief sought, and reason for seeking relief:

1. Part 21, Subpart H : Airworthiness Certificates

The FAA has determined that no exemption is required of this section if a finding is made under the Reform Act that
the sUAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. As the aircraft specified in this exemption request meet the size, weight, speed and other characteristics of sUAS aircraft specified in prev iously approved exemption requests as noted, no exemption is believed to be needed. If, however, an exemption is determined to be needed by the
FAA after review of this petition, one is requested.

An equivalent or greater level of safety is obtained when sUAS physical and operating characteristics, safety systems, maintenance requirements and other operating procedures as set forth in the attached Confidential Flight Operations Manual are adhered to.

Grant of the exemption to Steam Machine Aerial will be subject to the following mandatory airworthiness conditions:
Ø The UAS will never exceed a gross takeoff weight (GTOW) of 55 lbs., or in excess of the Operator Handbook/Manufacturer recommendations, whichever
is more restrictive.
Ø The Manufacturer checklist and Steam Machine Aerial preflight checklist will be followed prior to each flight.
Ø The aircraft registration number will be displayed on the aircraft in accordance with current regulations.
Ø The POH, registration, copy of exemption, checklist,

an d copy of maintenance records will be mandatorydocuments for operation and must be located with or in
the base station and accessible to the PIC at all times.
Ø Any FAA or manufacturer required placards are placed and clearly visible on the base station or controlling
device.
Ø All equipment installed on the UAS will be operational for flight.
Ø PIC will be the determining authority on the airworthiness of the UAS prior, during, and after each flight, and will cease operations upon deeming the UAS not airworthy until proper maintenance or action has
been taken.
Ø In adherence to 14 C.F.R. §43.9 each person who maintains, performs preventative maintenance, rebuilds, or alters the UAS, airframe, motor, propeller, appliance, or component part will make an entry in the maintenance record of that equipment containing the following information:

o Description of work performed.

o Date of completion of work performed.

o Name/ Signature of the person performing the
work. Ø In addition to the information above, the following will be included on any maintenance records for record keeping and rep orting to the FAA upon request:

o Aircraft total time.

o Time in service of part by method of Time Since New (TSN ) or Time Since Overhaul (TSO).

o Manufacturer, model, serial and/or part number

w hen available.
Ø Any maintenance action that may affect flight
characteristics or airworthiness will have a maintenance operational check and test flight performed by a pilot holding at minimum a private pilot certificate and an appropriate entry made in the UAS record

.2. 61.113(a) and (b): Private Pilot Privileges and Limitations:
Pilot in Command.

Steam Machine Aerial is seeking relief from this regulation as the requirement for a Commercial Pilot License with a second class medical would be an unnecessary burden on the operator with regard to obtaining and certifying UA pilots.

The UAS will not ca rry a pilot or passengers, and the proposed operations can achieve the equivalent level of safety by requiring the pilot to possess a private pilot's license only, with a valid third class medical. This level of knowledge and skill combined with the

propos ed operating procedures described in the Flight Operations Manual (VLOS only, closed

- set requirements, etc.) will more than adequately allow safe operation within the national airspace system, and with regard to persons or property on the ground. The
addit ional knowledge and skill requirements for a Commercial Pilot's license do not add any level of safety with respect to closed

set small UAS operations in the same manner they do with full scale, passenger

- carrying aircraft.

An equivalent or greater level of safety is achieved by requiring UA pilots to have a minimum number of hours logged, flight sequences, knowledge and experience testing, etc. as described in the Flight Operations Manual.

3. 91.119(c): Minimum Safe Altitudes.

Steam Machine Aerial is se eking relief from this regulation, as the primary purpose of the UAS operation is to provide 'low altitude' aerial cinematography and photography services.

This section prescribes that an aircraft may not be operated closerthan 500 feet to any person, ve ssel, vehicle or structure in uncongested areas. As sUAS aircraft are much smaller, lighter, and operate at much slower speeds than full size aircraft, and do not carry explosive fuel, the potential for injury and damage to persons and property on the grou nd is significantly lower in the event of an uncontrolled descent. In addition, with respect to participating persons on the ground, a full safety briefing would be conducted describing flight operations, including any risk. This is similarly
done with res trictions and guidelines for full size aircraft in accordance with an approved Motion Picture and Television Operations Manual, the applicable sections of which are included
in the Steam Machine Aerial Flight Operations Manual.

An equivalent or greater le vel of safety is obtained than when using full size aircraft in similarly approved filming operations as the potential for injury and damage is significantly reduced when applying size, weight and speed restrictions on the UA. Also, the
UA has built in saf ety features such as auto

- land, ability to control with loss of an engine, etc. that full size aircraft may not have.

4. 91.121 : Altimeter Settings

Steam Machine Aerial is seeking relief from this regulation, as the
UA will not have a barometric altimeter.

An equivalent or greater level of safety exists as although the UA does not have a typical barometric altimeter onboard, it does report
GPS AGL altitude to the PIC via radio telemetric feed. This is
combine d with the UA being operated within visual line of sight and below 400' AGL, and the pilot requirements to verify AGL reading prior to liftoff (as contained in the Flight Operations Manual).

5. 91.151(a): Fuel Requirements for Flight in VFR Conditions

St eam Machine Aerial is seeking relief from the fuel requirements of this FAR as current battery technology allows the UA to fly forapproximately 15

- 30 minutes in normal conditions. As 91.151(a) requires a 30

- minute reserve AFTER reaching the point of
inten ded landing, there is no practical flight possible under this regulation.

An equivalent or greater level o f safety exists as the exact battery level remaining is transmitted to the pilot via radio telemetry, and given that the operating area for the UA i s in close proximity to the pilot (VLOS), an unsafe condition where the UA is unable to return for landing due to low battery condition is easily avoidable. Additionally, should a defective battery prematurely deplete, the UA is configured to autoland abov e the point at which the flight controller detects low voltage. And, as part of the Steam Machine
Aerial Operations Manual, it is a requirement that any flight be terminated if telemetry is lost. Otherwise, a flight limit of 30 minutes or 25% battery remai ning is prescribed.

6

- 9. 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Steam Machine Aerial is seeking relied from the above stated
FAR's as the UA will not have an airworthiness certificate. Therefore there is no requ irement to perform an inspection in order to maintain airworthiness as stated in Appendix D to Part 43 for

1 00hr. and annual inspections.

An equivalent or greater level of safety exists as the Steam
Machine Aerial Flight Operations Manual does prescribe r egular maintenance and inspections, compliance with manufacturer's service bulletins, test flights after maintenance, technician training, and so forth, in the spirit of the scope and detail of Appendix D to Part 43. In addition, while mechanical failures are not out of the question, a crash resulting from a catastrophic failure has a very
small amount of risk of injury when compared to a failure in a passenger carrying full size aircraft, for which this regulation was
intended.D.) Public Interest:

Steam Machine Aerial believes that allowing commercial use of

small

- unmanned aircraft will enhance the safety of filming operations by reducing the risk associated with low altitude full
size aircraft operations. A manned turbine powered helicopter operating in close proximity to production personnel and actors on the ground has a far greater risk of injury than a small, lightweight s UAV carrying no combustible fuel, especially when the UA is operating within the parameters of the Steam Machine
Aerial Flight Oper ations Manual. Additionally, the safe integration of sUAS within the national airspace is a growing

concerns amongst pilots, the FAA, and general public. This exemption would provide a safe stepping

- stone to a more robust

set of future sUAS rules.

E.) Level of Safety:

As outlined in each of the FAR's above for which relief is sought (underlined). F.) Summary:
Steam Machine Aerial seeks exemption from the following rules for the commercial operation of a small unmanned aerial system in order to conduct filming and photography operations below an
altitude of 400' AGL and within a limited operating area: 14 C.P.R. Part 21, Subpart H; 61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(l); 9 1.409(a)(2); 91.417(a) & (b). This exemption will enhance the level of safety currently able to be obtained using full sized manned helicopters for the
same type of work. G.) Additional Information: The applicant, Maxwell Tubman , is a safety conscious memb er of the aviation community as a Private Pilot rated airmen. Also a radio control aircraft hobbyist and member of the AMA, Academy of Model Aeronautics, Mr. Tubman brings a unique perspective on the safe integration of sUAS in the national airspace system. As an avid model aviation enthusiast from ayoung age Mr. Tubman has been able to blend his passion for remote controlled vehicles with his love for filmmaking and with his knowledge of the FAR Mr. Tubman is in a unique po sition to help safety integrate sUAS into the NAS. Mr. Tubman has been providing vide o production services since 2008 when he graduated from film school , including air

- to

- air and air

- to

ground cinematography from both full

- scale fixed wing and
rotorcraft

. Additionally, the sUAS aircraft specified in the attached Flight Operations Manual are built of the highest quality parts available to the sUAS market in far exceed what has become the “industry standard” in both performance, safety and redundancy . Size, weight, speed limitations and other operating restrictions are described in the attached Flight Operations Manual and are consistent with other previously approved Section 333 exemptions for filmmaking. For reference, the UA specified have a gross weight o f less than 55lbs and fly at a speed of no more than 50kts, carry neither a pilot nor a passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured area as set out in the Flight Operations Manual. In addition , integrated safety features ensure the safety of persons and property within and surrounding the limited operating area by employing
automatic 'return to home and land' in the event of command and control failure, and other safety features as described in the Flight Operations Manual.

Sincerely

Maxwell	Tubman
Steam	Machine	Aerial

1934	S	Camac	St Philadelphia	PA.	19148