Page 1 of 31 United States of America Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140

1200 New Jersey

Avenue, SE Washington, DC 20590 Regulatory

Docket No: _______________________________

Petition for exemption of Title 14 of the Code of Federal Regulations, sections: 21 Subpart H, 45.23(b), 61.113 (a) & (b), 91.103(b)(2), 91.105, 91.109, 91.119, 91.121 , 91.151(a) 91.203(a) & (b), 91.405, 91.407, 91.40 9, 91.417 (a) & (b), pursuant to Section 333 of the FAA Reform Act

.

July 2 4 , 2015
Robert A. Goddard EagleVision Productions, LLC 18 Heritage Ln, Suite 101 Wakefield, MA 01880 Tel: 617

- 512
- 0333Page 2 of 31

**Table of Contents** Introduction and Overview.................................................................. Page 3 Summary Basis for Exemptions previously granted by

the FAA ..................... Page 5 Applicant Name, Address and Contact Information...........................

.......... Page 13 Specific Sections f

rom Which an Exemption is Sought.....................

............ Pa ge 14 14 C.F.R. Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in Comman 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness 14 C.F.R. § 91.9(b)(2) Civil Aircraft Flight Manual in the Air craft 14 C.F.R. § 91.103(b) Pre

- flight Action 14 C.F.R. § 91.105 Flight Crewmembers at Stations 14 C.F.R. § 91.119 Minimum Safe Altitudes 14 C.F.R. § 91.121 Altimeter Settings 14 C.F.R. § 91.151(a) Fuel Requirements of Flight in VFR Conditions 14 C.F.R. § 91.203 Civil Aircraft: Certification Required 14 C.F.R. § 91.405 Maintenance Required 14 C.F.R. § 91.407 Operation after Maintenance, Preventative Maintenance, Rebuilding

and Alteration 14 C.F.R. § 91.409 Inspections 14 C.F.R. § 91.417 Mai ntenance Records Why Granting the Exemptions Would be in the Public Interest...........................
.... Page 29 Why Granting the Exemptions would provide an Equivalent Level of Safety to Current Rules Page 30 A Summary

that can be Published in the Federal Re gister......

.......... .................. ..... Page 31Page 3 of 31 **Introduction and Overview** Pursuant to Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012, (Reform Act) and 14 C.F.R. § 11.61(b) EagleVision Productions, LLC., hereb y petitions for exemption from 14 C.F.R. §§ 21 Subpart H, 61.113 (a) & (b), 91.7(a), 91.9(b), 91.103(b)(2), 91.105, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405, 91.407, 91.409, 91.417 (a) & (b) of the Federal Aviation Regulations (FARs). EagleVision Productions, LLC [hereinafter "EVP"] and its principals, Mr. Robert A. Goddard, Jesse R. Dacri and Jonathan M. Berecz currentl y work with film makers, film production companies, film and television education , insurance companies, construction companies and real estate brokerage firms in the capture of “land based photograph y” and now seek to compliment that enterprise with the pursuit of “ aerial video acquisition ” for a variet y of reasons dependent on each industry sector. EVP was formed for the p urpose of creating an entity that would commerciall y pursue the “safe” and effective use of emerging technology to compliment their respective careers in land based photography. EVP strives to lead this emerging industry by setting an example of the safe an d well trained operations of UAS aircraft with strict adherence to the existing FAR’s in addition to the proposed FAA regs announced in February

of this year and currently under review and comment from the public. 

### A Brief Description of the exemptions EagleVision Productions, LLC Seeks: **These exemptions will permit EagleVision Productions LLC., to operate small Unmanned Aircraft Systems (UAS) for aerial cinematography and pho**  **tography at controlled locations for use in motion picture, television, and music industries, and**  **other legally permissible uses.** Briefl y, the educational qualifications of EVP’s principals are: Mr. Goddard holds a BSBA cum laude from Northeastern University and an MBA from the Harvard Business School. Mr. Dacri holds aPage 4 of 31

BS cum laude from Ithaca College in Cinematography and Mr. Berecz hold s a BA in Media Studies and a Masters Degree in Technology and Education. In setting forth with the business plan of EVP and its operations, a compan y decision was made back in late 2014 to pursue the absolute appropriate and proper way to set out its plans should we be successful in being granted an exemption pursuant to Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 by following deliberate steps as outlined below:
1. Each operator would log , in ex cess of 100 hours of “trainer” UAS ’s that possess no technical enhancements that assist in the flight operation of the crafts, thus establishing a basis for the understanding of operating in a s afe and sound manner in various flying and weather conditions. For the purpose of this initial step, the purchase of Hubsan X

- 4 and SYMA X C5 craft were utilized. 2. Subsequently , [with the exception of Mr. Dacri who has logged in over 300 hours of flight time in various UAS ’s since late 2013] the purchase of DJIPhantom 2 and Phantom 2+ craft and the applied flight skills from the flight traine r’s listed in #1 above were a natural progression. These craft are in constant training utilization and along with the recent purchases of a DJ I Inspire 1 and Three (3 ) Phantom 3 Professional Quad Copters comprise the majority of our UAS fleet. EVP maint ains an online “cloud based” Flight Log for each flight taken b y these craft with substantial supporting documentation and maintenance records and each principal of EVP now has over 75 hours of logged flight time on each of the above listed aircraft. 3. EVP proceeded next to pursue insurance coverage for its anticipated activities and filed applications with numerou s carriers that now insure UAS’s for both ph ys ical and liability protection and coverage. EVP was granted approval by two highl y regarded car

riers and has received quotes from both for coverage. Execution of that coverage was completed on June 30,Page 5 of 31

2015 insuring all aircraft listed above and providing $1 million dollars of property and personal liability coverage. The policy

is underwriting b y Starr Companies, a Global Indemnity and Liability C ompan y. 4. EVP decided next to pursue the current FAR requirement for a Sport Pilot’s L icense for each operator acting as a PIC. To that end, as noted above, the principals have each obtained their Student Pilot’s Certificates and are currentl y being trained b y certified FAA CFI’s.

Each of the principals is enrolled in flight school now and ha s obtain ed their Student Pilot Certificat es as follows: Robert A. Goddard

- Cert. #AR1749037 Jonathan M. Berecz

– C ert. #AR1212616 Jesse R. Dacri

– Cert. # AR1295803 as required b y the current regulations for granting of an exemption. They are slated for completion of their required Flight Training, Ground School, FAA knowledge test and fulfilling the requirements for Sport Pilots L icensing by August 31 , 2015. 

### Summary Basis for Petitions similar in nature granted by the FAA. The Federal Aviation Administration, in its review of petitions submitted previously which we believe are simi lar in all material respects to those presented in our petition, namely : Exemption Nos. 11641 to Steven J. Massi; 11313 to DeGrazia Music, LLC; 11062 to Astraeus Aerial; 11109 To Clayco, In c; 11112 to VDOS Global, LLC and 11213 to Aeryon Labs, Inc. wherein the FAA found that the enhanced safety

achieved using an unmanned aircraft (UA) with the specifications described b y each petitioner and also described in our petition and carrying no passengers or crew, rather a manned aircraftPage 6 of 31

of significantly

greater p roportions, carrying crew in addition to flammable fuel, gave the FAA good cause to find that the UAS operations enabled b y these exemptions is in the public interest.

**Self Imposed Conditions and Limitations should our petition be granted** Should our requ est for exemption by granted, EagleVision Productions, LLC is hereafter referred to as the operator or “EVP”
. We understand that failure to comply with any of the following conditions and limitations of our proposed grant of exemption would be grounds for the immediate suspension or rescission of the r equested exemptions.
1. Operations authorized b y the proposed gr ant of exemptions are limited to the DJ I Inspire, DJ I Phantom 3 Professional when weighing less than 55 pounds including payload. Proposed operations of an y other aircraft would be submitted to the FAA under a new petition or a petition to amend this prop osed exemption.

2. Operations for the purpose of closed

- set motion picture and television is requested and permission sought. 3. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). The requesting exemption holder [in this case EVP] would use groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case would any UA S be operated greater than the maximum UA S operating airspeed recommended b y the aircraft manufacturer.

4. The UA S , would be onl y operated at an altitude of no more than 400 feet above ground level [AGL ]. Altitude would be reported in feet AGL and logged in each flight in EVP’s log books.

5. The UA S would be operated within visual line of sight [VL OS] of the PI C at all times. This would require the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA
- issued airman medical certificate or U.S. Driver’s license.Page 7 of 31

6. All operations would utilize a visual observer [VO]. They UA S would be operated within the VLOS of the PI C and VO at all times. The VO might be used to satisfy the VLOS requirement as long as the PI C always maintains VL OS capability . The VO and PIC will ensure that they alway s have the ability

to communicate v erbally at all times; electronic messaging or texting would never be permitted during flight operations. The PI C would be designated prior to any flight and would not transfer his or her designation for the duration of the flight. The PI C would ensure th at the VO can perform the duties required of the VO.

7. Should this proposed exemption be granted, an y and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations set forth above and which may

be amended or added to in the granting of the exemption request, are hereinafter referred to as the operating documents. These operating documents would be accessible during UAS operati ons and made available to the Administrator upon request. If or should th ere be an y discrepancy

that exists in the final conditions and limitations in the proposed exemption and the procedures outlined in the operating documents, the final conditions and exemptions would take precedence and would be followed. Otherwise, the op erator would follow the procedures as outlined in its operating documents. The operator may , from time to time or as required by stipulated FAA guidelines and regulations cause the operating documents to be revised as necessary . It would be the operator’ s respons ibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator would also present updated or revised documents if it petitions for extension or amendment t o the requested exemption. I f or should the operator determine that any update or revision would affect the basis upon which the FAA might favorabl y grant the requested exemption, then the operator must petition for an amendment to the proposed grant of e xemption. The FAA’s UAS Integration Office (AFS

- 80) would be contacted should questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operations or flight charac teristics, e.g. replacement of a flight critical component, must undergo a functional flight test prior to conducting further operations under this proposed exemptions. Said maintenance shall alway s be noted and recorded in the operator’s maintenance log

. Functional test flights may onl y be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional flight test must and would be conducted in such a manner so as not to pose an undue hazard to persons and/or property.
9. The operator is and will alway s be responsible for maintaining and inspecting the UAS in it’s pre - flight check list, a copy of which shall alway s be maintained prior to each flight and stored electronically

within the operators Flight Log and Maintenance L og sy stems to ensure that it is in a condition for safe operation.Page 8 of 31

10. Prior to each flight, the PI C must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must compl y with all manufacturer safety bulletins.

13. Under this request of exemption, a PI C must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory , a possession, or the Federal Government. The PI C must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.

14. The operator may

not permit any

PI C to operate unless the PI C demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PI C qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PI Cs and VOs (training, proficie ncy , and experience

- building) and determining the PI C’s abilit y to safel y operate the UAS in a manner consistent with how the UAS will be operated under this proposed exemption are p ermitted under the terms of proposed exemption. However, the operator must petition for an amendment to its grant of exemption , should one be issued . The FAA’s UAS Integration Office (AFS −80) may be contacted if questions arise regarding updates or revisions to the operating documents. T raining operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA S with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations will not be conducted during nighttime , as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.Page 9 of 31

16. The UA S will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory

(AFD) or for airports not denoted with an A RP, the center of the airport sy

mbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

17. The UA S will not be operated at an y altitude greater than 400 feet AGL, unless specific permission to do so has been received in writ ing via a COA from the local FSDO.

18. If the UAS loses communications or l oses its GPS signal, the UA S automatically return s to a pre - determined location within the private or controlled

- access propert y.

19. The PI C will abort the flight in the event of unpred icted obstacles or emergencies.

20. The PI C is will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA S to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The proposed exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of an existing COA.

22. All aircraft operated in accordance with this proposed exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and will have identification (N −Number) markings in accordance with 14 CFR p art 45, Subpart C. Markings will be as large as practicable.Page 10 of 31

23. Documents will be used by the operato r to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS an y time the aircraft is operating. 24. The UA S will remain clear and giv e way to all manned aviation operations and activities at all times.

25. The UAS will not be operated b y the PIC from any moving device or vehicle.

26. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA S and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA S , flight operations must cease immediately in a manner ensuring the safet y of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PI C, VO, operator trainees or e ssential persons will not be considered nonparticipating persons under this proposed exemption. 27. All operations shall be conducted over private or controlled

- access property with permission from the property

owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accide nt, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA will be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents will be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this proposed exemption permits operations for the purpose of closed

- set motion picture and television filming and production, FOR WHI CH WE ARE SEEKI NG P ERMI SSI ON TO DO SO, the following additional conditions and limitations apply

.Page 11 of 31

29. The operator will have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption. (included in our petition)

30. At least 3 day s before ae rial filming, the operator of the UAS affected by this exemption will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may

be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N −Number of UAS to be used; e. Name and certificate number of UAS PI Cs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity , including maps or diagrams of any area, city , town, county , and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operat ions may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

This petition is submitted as a request to allow EagleVision Producti ons, LLC to commercially operate small Unmanned Aerial S ys tems (UAS), in accordance with petitioner’s Motion Picture and Television Operational Handbook (MPTOM), and Flight Operations & Company Operatio ns Handbook ( FL CO H ) , and those conditions that may be established by

the FAA as required by

Section 333. In brief, the requested exemptions would permit the operation of UAS that are less than 55 lbs:Page 12 of 31

1) by an FAA licensed pilot; 2) at less than 400 feet of altitude above ground level (AGL) 3) in an area that is limi ted and predetermined; 4) where public access to such area is controlle d ; 5) where operational intentions are communicated to the local FSDO 6) in accordance with an y other rules set forth by the FAA, or which may be subject to change, at an y given time. Approval of the requested exemptions will create a structure within which EagleVision Productions, LLC., can mitigate or eliminate potential hazards to the public during UAS filming operations. Approval of these exemptions would create no safety concerns regardi ng the National Airspace S ys tem and will fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “establish requirements for the safe operation of such aircraft sy stems in the National Airspace S ys tem” Section 333(c) of the Reform Act

**Airworthiness Certifications (Manufacturer’s Safety Guidelines) and Proposed Aircraft to be Listed for Approved Flight** 
1. DJIInspire 2. DJIPhantom 3 ProfessionalPage 13 of 31 **Applicant Name, Address and Contact Information** Pursuant to 14 C.F.R. § 11.81(a) the name and address of the Applicant is: Robert A. Goddard, Managing Member EagleVision Productions, LLC. 18 Heritage Ln, Suite 101 Wakefield, MA 01880 617
- 512
- 0333 Email: bob@eaglevisionllc.comPage 14 of 31 **Specific Sections From Which an Exemption is Sought 14 C.F.R. Part 21 Subpart H: Airworthiness Certificates**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203 (a)(1). **Basis for Request for Exemption** Petitioner requests exemption from the requirements for an airworthiness certificate, pursuant to 49 U.S. Code § 44701(f) and Section 333 of the Reform Act. While the UAS here are manufactured with out an airworthiness certificate and there are no mechanics to certify these aircraft, an equivalent level of flight safety is attained by special pilot training, ground based security procedures, redundant safet y procedures as well as safety features programmed into the UAS to guard against lost or degraded communications, lost satellite reception, geomagnetic interference. The UAS to be operated are less than fifty

- five (55) lbs. fully loaded, fl y at a speed of no more than forty (40) knots, fly

at altitudes of less than four

- hundred (400) feet above ground level (AGL), have a total flight time of no more than twenty five (25) minutes, and are controlled by a licensed pilot that will maintain continuous line of sight (CLOS) of the UAS, assisted at all tim es by a Visual Observer (VO), pursuant to the Flight Operations & Company

Operations Handbook ( FLC OH). Further, the UAS carry neither pilot nor passengers, carry

no flammable liquid or explosive materials and operate in an area that is secured to prevent public entry

as described in the Motion Picture and Television Operations Manual and Company Operations Manual (MPTO M ) and FL COH. The Federal Aviation Act § 49 U.S.C. §44701 (f) and Section 333 authorize the FAA to exempt aircraft, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas. Application of those criteria to the proposed UAS operations and procedures in the MPTO M , and FL CO H demonstrate that the UAS can be operated in a manner that is at least as safe or safer than conventional aircraft with airworthiness certificates. Additionally, there is no threat toPage 15 of 31

Nationa l Airspace Sy stem (NAS) or National Security as the MPTO M and FL CO H clearl y define limits that the aircraft cannot be operated within five (5) miles of any airport and notice will be given to the local Flight Service District Office (FSDO) prior and well in advance of any flight operations that might come within six (6) m iles of restricted airspace. **14 C.F.R § 45.23(b) Marking of the Aircraft** (A) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number o f the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (B) **(b)** When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft o r experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restrict ed,” “light

- sport,” “experimental,” or “provisional,” as applicable. **Basis For Request for Exemption** An exemption is requested, or in the alternative, a finding that § 45.23(b) does not apply as the UAS here in will not be issued experimental certificates. The UAS here has no cabin, nor entrance to the cabin, and no cockpit or pilot station on which the word “experimental” could be placed. The Applicant has submitted Form 8050

- 1 for each of the specified aircraft and will apply those “N” numbers to the fuselage of each aircraft in a maximum size as practical. An equivalent level of safety is achieved by

placing the word "Experimental" on the fuselage in compliance with §45.29(f) in a manner, which is readable, by the pilot and ground crew during pre - flight inspection.Page 16 of 31

**14 C.F.R.** § **61.113 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 propert y for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. **(b)** A private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with an y business or emplo ym ent if: **(1)** The flight is only

incidental to that business or employ ment; and **(2)** The aircraft does not carry passengers or property

for compensation or hire.
**Basis For Request for Exemption** Petitioner requests an exemption from the limitations of § 61.113 as an equivalent level of safety can achieved through specializ ed flight experience in piloting UAS, specialized knowledge of cinematic operations with UAS, and the operational guidelines in th e MPTO M , and FL CO H designed for closed

set filming with UAS. The training and knowledge required for Commercial pilots of conventional aircraft would not necessarily make a Commercial pilot safe to operate a UAS. . In addition, safety for the public, pilot, and crew is achieved through the design limits of the aircraft and petitioner's adherence to th e MPTO M and FL CO H
. Here, the risk to the public is mitigated because the small size of the UAS prevents carrying pilot or passengers or an y cargo other than a camera. As Pilot In Command (PIC), Visual Observer (VO) and crew will alway s remain on the ground, the level of safet y is thereb y greater than what can be achieved in traditional aircraft. Additionally , the MPTO M , and FL CO H prescribe further safeguards through advanced flight planning and operations in a contro lled environment. Granting exemption here will permit UAS operation will mitigate potential hazards to the public without being undul y burdensome to the operation of the UAS. As such, petitioner seeks exemption from 14 C.F.R. § 61.113 to allow commercial operation of UAS.Page 17 of 31

**14 C.F.R.** § **91.7(a) Civil Aircraft Airworthiness** § 91.7 Civil aircraft airworthiness. **(a)** No person may

operate a civil aircraft unless it is in an airworthy condition. **(b)** The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworth y mechanical, electrical, or structural conditions occur. **Bas is For Request for Exemption**  Petitioner seeks exemption to the extent this rule requires an airworthiness certificate. As no such certificates exist for UAS. An equivalent level of safety will be achieved as the PI C of the UAS will ensure the airworthin ess of the UAS through use of the procedures prescribed in the FLCOH for pre

flight inspection, review of logs, and test flights.
**14 C.F.R.** § **91.9 (b)(2) Civil Aircraft Flight Manual in the Aircraft** § 91.9 Civil aircraft flight manual, marking, and placard requirements. **(a)** Except as provided in paragraph (d) of this section, no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotor craft Flight Manual, markings, and placards, or a s otherwise prescribed b y the certificating authority of the country

of registry

. **(b)** No person may

operate a U.S.
- registered civil aircraft

— **(1)** For which an Airplane or Rotor craft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotor craft Flight Manual or the manual provided for in § 121.141(b); and **(2)** For which an Airplane or Rotor craft Flight Manual is not required by § 21.5 of this ch apter, unless there is available in the aircraft a current approved Airplane or Rotor craft Flight Manual, approved manual material, markings, and placards, or any combination thereof. **Basis For Request for Exemption** Petitioner seeks exemption because th ere is no approved Flight Manual for the proposed UAS. An equivalent level of safety can be achieved through adherence to petitioner's MPTO M and FL CO H whichPage 18 of 31

includes aircraft specifications, aircraft operational limitations, an operations check

- list, and updated information equivalent to placards. The pilot in command will keep th e MPTO M and FL CO H on site during flight operations.
**14 C.F.R.** § **91.103(b) Pre -**  **flight Action** § 91.103 Pre
- flight action. Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— **(a)** (Omitted by Petitioner as it applies to IFR flight) **(b)** For an y flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: **(1)** For civil aircraft for which an approved Airplane or Rotor craft Flight Manual containing takeoff and landing distance data is requ ired, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under??????? ??? what (3) Expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. **Basis For Request for Exemption** Petitioner seeks exemption to the extent the rule requires the PIC to have runway data because the proposed UAS are Vertical Take

- off and Landing (VTOL) and will not be operated within five (5 ) miles of an y public airport. An equivalent level of safety an d public benefit is achieved by the comprehensive flight planning and communications with FSDOs as required in the MPTO M and FL CO H
. **14 C.F.R.** § **91.105 Flight Crewmembers at Stations** (a) During takeoff and landing, and while en route, each required flight crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with phy siological needs; andPage 19 of 31

(2) Keep the safet y belt fastened while at the crewmemb er station. (b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not appl y if

— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember would be unable to perform required duties with the shoulder harness fastened. **Basis For Request for Exemption** Petitioner seeks exemption as the UAS have no ability to carry pilot or crew, and thereb y have no seats, seat belts, or crew stations. The pilot always having positive control of the remote control can achieve an equivalent level of safety and maintaining VLOS with the UAS at all times.
**Shoul d the pilot become physiologically unable to continue as PIC, the UAS has a “Return**  **To Home**  **and Land” override function as well as other actions more fully described in th e**  **MPTO M**  **and FL**  **CO H**  **.**Page 20 of 31

**14 C.F.R.** § **91.119 Minimum Safe Altitudes** § 91.119 Minimum safe altitudes: General. Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: **(a) Anywhere.** An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. **(b) Over congested areas.** Over an y congested area of a city , town, or settlement, or over any open air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 f eet of the aircraft. **(c) Over other than congested areas.** An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle , or structure. **(d) Helicopters, powered parachutes, and weight -**  **shift -**  **control aircraft.** If the operation is conducted without hazard to persons or property on the surface

— **(1)** A helicopter may

be operated at less than the minimums prescribed in paragrap h (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specificall y prescribed for helicopters b y the FAA; and **(2)** A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. **Basis For Request for Exemption** Petitioner seeks exemption here because flight operations will alway s be below four hundred (400) feet AGL. An equivalent level of safety will be achieved through pre - flight planning, communication with the local FSDO, securing the flight area to prevent the public from entering, briefing all crew on emergency

procedures, and ensuring operation of aircraft safety s ys tems. Protections equivalent to minimum safe alt itudes are created because, in the event of low

- battery power, loss of communication or interference with communication between the remote control and the aircraft, on

- board safet y programsPage 21 of 31

will automatically

land the UAS at a predetermined safe area. Sim ilarly , the operational environment will be controlled to keep out the public. Normal operations will be less than 400 feet AGL and risk to the public and / or private property significantl y reduced compared to film operations with traditional aircraft or helicopters. For example, a Bell 206 Helicopter has an approximate rotor diameter of thirty - three (33) feet and a gross weight of approximately

three

- thousand (3,000) pounds. The UAS proposed here have a total rotor area of less than two (2) feet and w eight less than four ( 4 ) pounds. As such the risk to persons and propert y is drasticall y reduced. Further, the UAS will not carry fuel, flammable material, or hazardous cargo that would pose a hazard to persons on the ground.
**14 C.F.R.** § **91.121 Altimete r Settings**  § 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 sett ing of an appropriate available station; or **(iii)** Inthe 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: ( additional Tables Omitted )Page 22 of 31

**Basis For Request for Exemption** An exemption is sought as the UAS proposed are manu factured without an altimeter or two

- way communications radio. An equivalent level of safety is achieved through on

- board s ys tems and GPS sensors that couple with a geomagnetic compass to act as a barometric altimeter for stability and accuracy of flight. Information about the height of the UAS above ground level , specific location of the UAS, air speed and direction, and other pertinent data is displayed to the Pilot in Command at all times. An additional element of safety is achieved through the AOH re quirement that the pilot verify altimeter ready of zero (0) feet prior to each take

- off, and that the PI C maintain VLOS at all times.
**14 C.F.R.** § **91.151(a) Fuel Requirements for Flight in VFR Conditions** § 91.151 Fuel requirements for flight in VFR condit ions. **(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 **(2)** At night, to fly after that for at least 45 minutes. **(b)** No person may

begin a flight in a rotor craft 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, to fl y after that for at l east 20 minutes. **Basis For Request for Exemption** An exemption is requested, as the normal UAS flight duration will be less than 25 minutes

. An equivalent level of safety is achieved b y implementation of a minimum battery life requirement rather than minimum fuel requirement. The FLCOH provides that the flight will be terminated before the battery voltage reaches a minimum of 25% of full capa city

. An equivalent level of safety can be achieved as to the reserve battery power requirements proposed are comparable to the reserve fuel requirements in § 91.151.Page 23 of 31

**14 C.F.R.** § **91.203 Civil Aircraft: Certifications Required (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. Each U.S. airworthiness certificate used to comply

with this sub paragraph (except a special flight permit, a cop y of the applicable operations specifications issued under § 21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c), or an authorization under § 91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 day s after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards dis trict office. **(2)** An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued und er the laws of a foreign country

. **(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 the cabin or cockpit entran ce so that it is legible to passengers or crew. **(c)** No person may

operate an aircraft with a fuel tank installed within the passenger compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a cop y of FAA Form 337 authorizing that installation is on board the aircraft. **(d)** No person may

operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions req uirements of part 34 of this chapter.
**Basis For Request for Exemption** An exemption is requested as the Pilot in Command of the UAS will have an MPTO M and FL CO H that include all documentation, safety information, and warnings required for safe operation of the UAS. The UAS proposed to be operated here are manufactured without the capacity to carry documents, are sold without Airworthiness Certificates, do not have cab in doors nor sufficient space to appl y placards and doPage 24 of 31

not contain or carry

fuel. As the UAS are alway s within sight of the PI C, an equivalent level of safety can be achieved b y the PIC having the MPTO M and FL CO H during flight operations and communicating pertinent information to crew.
**14 C.F.R.** § **91.405 Maintenance required** Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in sub part E of this part and shall between required inspections, except as provided in p aragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; (b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service; (c) Shall have an y inoperative instrument or item of equipment, permitted to be inoperative b y §91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and (d) When listed discrepancies includ e inoperative instruments or equipment, shall ensure that a placard has been installed as required b y § 43.11 of this chapter.
**Basis For Request for Exemption** An exemption is requested, as the UAS does not have specific maintenance instructions. Theref ore the MPTO M and FL CO H developed by petitioner contain instructions for maintenance and repair as needed. Petitioner will be responsible for inspection after maintenance, overhaul, or replacement, and monitoring for life limit requirements of actuators o r servos, motors, propellers, electronic speed controller and flight control unit, batteries, remote control and any other components as determined by the petitioner.
The PI C will be responsible for inspecting the UAS prior to each flight and determining fitness for flight after maintenance. An equivalent level of safety to § 91.405 will be achieved by thorough pre

- flightPage 25 of 31

inspections and records of all maintenance or r epairs being kept in the UAS log book. Because the petitioner is the person most familiar with the aircraft and best suited to maintain the aircraft, an equivalent level of safety will be maintained and the UAS kept in an airworthy condition.
**14 C.F.R.** § **91.407 Operation after Maintenance, Preventive Maintenance, Rebuilding, 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 se rvice b y a person authorized under §43.7 of this chapter; and (2) The maintenance record entry required b y §43.9 or §43.11, as applicable, of this chapter has been made. (b) No person may

carry any person (other than crew

- members) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciabl y changed its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft , makes an operational check of the maintenance performed or alteration made, and logs the flight in the aircraft records. (c) The aircraft does not have to be flown as required b y paragraph (b) of this section if, prior to flight, ground tests, inspectio n, or both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciabl y changed the flight characteristics or substantially

affected the flight operation of the aircraft.
**Basis For Request for Exemption** P etitioner is seeking exemption from § 91.407 as there are currentl y no persons authorized under § 47.7 to service the UAS. As with the request for exemption under § 91.405, an equivalent level of safety will be achieved b y thorough pre

- flight inspections and records of all maintenance or repairs being kept in the UAS log book. Further, Petitioner is the person most familiar with the aircraft and best suited to maintain the aircraft and perform post

- maintenance, pre

- flight inspections and ground tests to co nfirm that the flight characteristics of the UAS have not been substantially affected after maintenance.Page 26 of 31

**14 C.F.R.** § **91.409 Inspections** (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the precedin g 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 b y a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness c ertificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required b y this paragraph unless it is performed b y a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carryi ng any

person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft has received an annual or 100

- hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. The 100

- hour limitation may be exceeded by

not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing the next 100 hours of time in service. (c) Paragraphs (a) and (b) of this section do not apply to

— (1) An aircraft that carries a special flight p ermit, a current experimental certificate, or a light

sport or provisional airworthiness certificate; (2) An aircraft inspected in accordance with an approved aircraft inspection program under part 125 or 135 of this chapter and so identified b y the regis tration number in the operations specifications of the certificate holder having the approved inspection program.
**Basis For Request for Exemption** Petitioner is seeking exemption from § 91.409 for reasons similar to those articulated in the requests for
e xemption from § 91.407 and § 91.405 above. There are currently no persons authorized under § 47.7 to service or inspect UA, but petitioner making thorough pre

- flight inspections and keeping detailed records of all maintenance or repairs will achieve an eq uivalent level of safety

. As above, post

-Page 27 of 31

maintenance pre

- flight inspections and ground tests will be conducted to confirm that the flight characteristics of the UAS have not been substantially affected

. **14 C.F.R.** § **91.417 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, an d 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 ins pection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety direc tives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y §43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed:Page 28 of 31

(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 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the a ircraft 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. (c) The owner or operator shall make all maintenance records required to be kept by this section available for inspection by the Administrator or any authorized representative of the National Transportation Safet y Board (NTSB). In addition, the owner or operator shall pre sent Form 337 described in paragraph (d) of this section for inspection upon request of any law enforcement officer. (d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to part 43 of this chapter, a cop y of FAA Form 337 shall be kept on board the modified aircraft b y the owner or operator.
**Basis For Request for Exemption** Petitioner is seeking exemption from § 91.417 to the extent the rule requires a certificated person to perform work under § 91.417(a)(1) (iii), compliance with Airw orthiness Directives under sub

- section (a)(1)(v), and/ or copies of alteration forms under (a)(1)(vi). Petitioner keeping maintenance logs and documentation in the FLCOH will achieve an equivalent level of safety .Page 29 of 31

**Why Granting the Exemptions Would be in the Public Interest**  **:** Generally , aviation activity is in the public interest when it is regulated, predictable and has a material positive impact on society. The exemptions requested here would allow for aerial cinemato graph y pursuant to existing FAA regulations, as well as petitioner's Motion Picture and Television Operations Han dbook, and Flight Operations & Compan y Operations handbooks. The rules, procedures, and processes contained therein create a safe and highly p redictable process b y which aerial cinematography may take place. Granting the requested exemptions will give the public access to the process of aerial cinematograph y and the product s that are the result of those endeavors. In the past the public had ac cess to aerial cinematography onl y through hiring a conventional helicopter, airplane, or other mechanism which, by their nature, are larger than UAS, require liquid fuel, travel at much higher speeds, and have a greater potential to negativel y impact more people in the event of an incident or accident. Here all aspects of flight including pilot training and check

- out, site evaluation, mission planning, contact with the appropriate FSDO, pre

- flight inspections, crew briefings and site securit y during flight operations will ensure a level of safety to the public equivalent, or higher than that provided in current rules. As such the public will benefit from safe UAS operations will setting measures to safel y integrate UAS into the NAS.Page 30 of 31

**Why Granting the E xemptions Would Provide an Equivalent Level of Safety to Current Rules**  **:** Granting the requested exemptions would provide a level of safety equivalent to that provided in current rules, and in some cases greater, due the specificity with which Motion Picture and Television Operational Handbook and Flight Operations & Company Operations Handbook identify unique aspects of UAS, and lay

out methods of operation which emphasize safety of the public, protection of private propert y, yet allows operat ion of UAS. In all circumstances which the FAA has already set safety guidelines for traditional aircraft, the operational characteristics of the UAS have been considered, and detailed plans put in place to adjust the current rules while maintaining safety for persons and property on the ground, as well as ensuring safet y and security for those operating in the NAS.Page 31 of 31

**A Summary That Can Be Published In The Federal Register**  **: The rules from which EagleVision**  **Productions, LLC. seeks exemption**  : EagleVision Productions LLC seeks exemption from the following: 14 C.F.R. §§ 21 Subpart H, 45.23(b) ?? , 61.113 (a) & (b), 91.7(a), 91.9(b), 91.103(b)(2), 91.105, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405, 91.407, 91.409, 91.417 (a) & (b). A Brief Description of the e xemptions EagleVision Productions, LLC Seeks: These exemption s will permit EagleVision Productions LLC., to operate small Unmanned Aircraft Sy stems (UAS) for aerial cinematograph y and photograph y at controlled locations for use in motion picture, television, and music industries , and other legally permissible uses. **Privacy** Applicant submits the attached Motion Picture and Television Operations Manual a nd Flight Operations & Company

Operations Handbook as Confidential and Proprietary documents under 14 CFR 11.35 (b) as they contain proprietary

information that the applicant has not and will not share with others. The Motion Picture and Television Operations Manual and Company Operations Handbook and Flight Operations & Company Operations Handbook contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et. seq.