### August 4

, 2015

Exemption No. 12324 Regulatory Docket No. FAA

– 20 15

- 2011

Mr. David L. Slack 17076 Birds Eye Drive Perris, CA 92570

Dear Mr. Slack :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 16, 2015 , you petitioned the Federal Aviation A dministration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial data collection and videography and photography for closed

- set motion picture filming

.

See Appendix A for the petition submit ted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemptio n would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3, DJI Inspire 1, and DJI S900 , DJI

S 1000

.

### 2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 4470 4, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1 

### and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and

11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. David L. Slack is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.41 7(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

### 3

and closed set motion picture and filming

. This exemption is subject to the conditions and

limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. David L. Slack is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of thi s exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3, DJI Inspire 1, and DJI S900 , DJI S 1000 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are permitted

.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observe r (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate ver bally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can pe rform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating do cuments. The operating

### 4

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the

operat or’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension

or amendmen t to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration O ffice (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other p eople. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Pr ior to each flight, the PIC 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

ins pection 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 comply with all manufacturer safety bulletins

.

13. Under this grant of exemption, a PIC 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

stat e, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

### 5

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. Th e operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropri ate distances from persons, vessels, vehicles and structures. PIC 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 PICs and VOs (traini ng, proficienc y, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from no nparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVF R) are not authorized.

16. The UA may 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 ARP, the center of the airport symbo l as denoted o n 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 must be made availab le to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses com munications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manuf acturer if greater.

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

- issued COA. The

### 6

exemption holder may apply for a new or amended COA if it intends to conduct

ope rations that cannot be conducted under the terms of the attached COA

.

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

23. Documents used by the operator 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 any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operatio ns and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must 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 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 nonparticip ating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permiss ion for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/control ler or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

t o the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be

### 7

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (M PTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea 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 fil ming conducted under this grant of exemption;

c. Name and phone number of th e 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 PICs involved in the aerial filmi ng; 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 exemptio n 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 operations 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.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

### 8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresDavid L Slack

T: 1

- 949

- 394

- 6457
dslack67@yahoo.com

May 16

, 2015

U. S. Department of Transportation
Docket Management System

1200 New Jersey Ave. SE
Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23 (b); 14 C.F.R. 21; 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103 (b); 1 4 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 C.F.R. 9 1.409 (a) (2); 14 C.F.R. 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R.

Part 11, David L Slack ( “ DLS”), operator of Small Unmanned Aircraft Systems ( “ sUASs ” ) equipped to conduct
various aerial data collection AND aerial videography and phot ography for the motion picture and televis ion
industry , and commercial closed set filming, hereby request exemptions from the listed Federal Aviation
Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted

within and under the conditions outlined h erein or as may be established by the FAA as required by Section

333.

The fleet of sUASs used by DLS includes a Multirotor DJI Phantom 3 , a Multirotor DJI Inspire 1 and a

Multirotor DJI S900/1000 +A2

. The operation of these aircraft will be used in the United States of America

and its territories. Included in this petition for waiver is the Manufacturer ’ s Owners Manuals and Safety

Guidelines & Checklists for all three sUASs , as well as the DLS MPTOM and DLS FAA7711

- 2 COA form.

Granting DLS 's request is in alignment with the Secretary of Transportation's (“FAA Administrator's”)
responsibilities to not only integrate UASs into the national airspace system, but to " ... establish
requirements for the safe operation of such unmanned aircra ft systems [UASs] in the national airspace
system" under Section 333(c) of the Reform Act. Further, DLS will conduct its operations in compliance with
the protocols described herein or as otherwise established by the FAA. DLS respectfully requests the gran t of
an exemption allowing it to operate the fleet of sUAS s as described above.The name a nd address of the applicant is:

David L Slack

Phone: 949

- 394

- 6457

Email: dslack67@yahoo.com

Address: 17076 Birds Eye Dr

Perris, CA 92570

Regulations from which the exemption is requested:

14 C.F.R. 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151 (a)

1 4 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

This exe mption 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 n ational airspace system (NAS) before completion of the
rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the publi c or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sigh t of the operator.

Reform Act § 333 (a). Lastly, if the Secretary det ermines that such vehicles “may operate safely in the national
airspace system, the Secreta ry shall establish requirements for the safe operation of such aircraft in the
national airspace system.” Id . § 333 (c) (emphasis added). The Federal Aviation Act expressly grants the FAA
the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the
term is defined under §40101 of the Act, that inc ludes s UASs, from the requirement that all civil aircraft must

have a current airworthiness certificate. The 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 Administrator finds the exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).DLS ’ s sUASs are rotorcraft, weighting 35 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 40 knots and have the capability to hover, and move in the vertical and
horizontal plane simultaneously. They will operate only in line of sight and will operate only within a predetermined and closed off property area under the permission of the property representative. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted sterile environ ment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which

c ongress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence
immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will

operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, 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

UAS s for movie and commercial videography operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption
without delay.

sUASs Equivalent Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the
characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the
proposed operations are conducted on closed off property under the permission of the property owner or

property representative.

These limitations and conditions to which DLS agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The sUAS will weigh no more than 50 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer.
3. Maximum total flight time for each operational flight will be no greater than 30 minutes. Flights will be

terminated at 2 0% battery power reserve should that occur prior to the 3 0 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. If a structure being filmed or photographed has a height
which exceeds 400 feet AGL, the UAS will not exceed 100 feet in height above the highest point on that

structure.

5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC). The PIC will have a minimum of 40 hours of flight time with the specific sUAS equipment DLS op erates. The experience of the PIC will be certified by DLS through background checks and, if necessary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent

. DLS will maintain flight logs of all PICs it employs, and provide full transparency to the FAA regarding the logs and records of these PICs.7. Flights will be operated at a lateral distance of at least 100 feet from any inhabited structures , buildings,
vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of
the operation. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production

activities. It will be mandatory that all personnel involved with the operational duties of the flight within the boundaries of the safety perimeter be present for this briefing. 9. The operator will file a FAA Form 7711

- 2 , or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office. 10. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. With the advanced permission of the relevant FSDO,
operations at closer range can be approved. 11. PIC and Visual Observer will have been trained in the operation of the specific sUAS equipment used by

DLS , and received up

- to

- date information on the particular sUAS to be operated.
12. The PIC designa ted for any operation will have at least a Class 2 medical certificate.
13. Visual Observer and PIC will at all times be able to communicate by voice, radio, and/or text. 14. Written and/or oral permission from the relevant property holders or property rep resentatives will be

obtained. 15. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

16. If the sUAS loses communi cation with the PIC or loses its GPS signal, the sUAS will have the capability to

return to a pre

- determined location within the Security Perimeter and land autonomously. 17. The sUAS will have the capability to abort a flight in case of unpredicted obstac les, weather, or
emergencies.

Section 333’s Mandate and the Federal Aviation Act

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U .S.C.

§ 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined
under §40101 of the Act, from the requirements that all civil aircraft must have a current airworthiness
certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be piloted by private and/or
commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exemption is in the public interest based on (i) the clear direction in Section 333 of
the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as amended; (iii) the strong
equivalent level of safety surrounding the proposed operations; and (iv) the significant public benefit,
including enhanced safety and cost savings associated with utilizing UASs for agriculture, aerial survey
photography, and patrolling. Accordingly, DLS respectfully requests that the FAA gra nt the requested
exemption without delay.

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). Given the size and limited operating area

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets therequirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,
operational capability, and proximity to airports an d populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, 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 sUAS to be operated hereunder is less than 50 lbs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set

out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by both the operator, pursuant to the Manual’s requirements, and in compliance with local public
safety requirements to provide security for the area of operation. The FAA will have advance notice of all
operations. These safety enhancements, which already apply to civil aircraft operated in connection with

motion picture and television production, provide a greater degree of safety to the public and property
owners than conventional operations conducted 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 siz e, speed of operation, location of operation, lack of
explosive materials 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 registration number is displayed on limited,
restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator
must also display on that aircraft ne ar 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," "restricted," "light

- sport," "experimental," or
"provisional," as applicable.

Even though the UAS will have no ai rworthiness certificate, an exemption may be needed as the UAS will
have no entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be placed.

Given the size of the sUAS, two

- inch lettering will be impossible. The word “Experi mental” will be placed on
the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by
§45.29 (f) where the pilot, observer, and others working with the sUAS will see the identification of the UAS
as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700,

8738, 10167 and 10167A.14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a
pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations
by req uiring the PIC operating the aircraft to have no less than 40 hours of flight time with the specific sUAS
equipment DLS operates. The experience of the PIC will be certified by DLS through background ch ecks and, if
necessary, testing. The PIC will also have passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent

. DLS will maintain flight logs of all PICs it employs, and provide full
transparency to the F AA regarding the logs and records of these PICs. The PIC designated for any operation

will have at least a Class 2 medical certificate. The risks associated with the operation of the sUAS are so

diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS by a PIC meeting the standards of DLS (listed above) exceeds
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 dete rmining airworthiness. Given the size of the aircraft and the
requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set

forth in the DJI owner’s manuals and safety guidelines included, 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 current approved airplane or Rotorcraft Flight Manual, approved manual material,
markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability to carry such a flight manual on the aircraft, not only
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 flight manual at the ground control point
where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions
to this regulation: Exemption Nos. 8607 , 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,

32827, and 10700.

14 C.F.R. § 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions bef ore flight to ensure the safety of
flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be
needed. An equivalent level of safety will be provided as set forth in the DJI owner’s manuals and safetyguidelines included with this petition . The PIC w ill take all actions including reviewing weather, flight battery
requirements, landing and takeoff distances, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction.

Section 91.103 provides that no person may ope rate a civil aircraft (except a manned free balloon) that is
being used for flight instruction unless that aircraft has fully functioning dual controls.

sUASs and remotely piloted aircraft, by their design, do not have fully functional dual controls. Flig ht control
is accomplished through the use of a control box that communicates with the aircraft via radio
communications. The FAA has approved exemptions for flight training without fully functional dual controls
for a number of aircraft and for flight ins truction in experimental aircraft. See Exemption Nos. 5778K &
9862A. The equivalent level of safety is 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. Specifically, Section 91.119(c) limits
aircraft fly ing over areas other than congested areas to an altitude of 500 feet above the surface, except over
open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet
to any person, vessel, vehicle, or structure.

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because the majority of

aerial data collection and film and television applications must be accomplished at relatively low altitude s,

i.e. , less than 500 feet AGL, an exemption from Section 91.119(c) is required.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the

rotorcraft is built. Additionally, no flight will commence without the permission of the land owner or the

party controlling the operating area. With advance notice to the landowner, all affected individuals will be

aware of film or television production flights. Compared to similar operations conduc ted with conventional

aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with

these operations will be significantly reduced from those currently allowed for conventional aircraft operating

at or below 500 feet AGL. Waivers have been granted to other UAS operators for such operations in Alaska.

DLS believes such operations can be conducted within the CONUS and NAS airspace for the same reasons justifying operations under the existing waiver in Alaska.

14 C.F.R. §9 1.121 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 sUAS may not have a barometric altimeter, but instead a GPS altitude 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, con firming the altitude of the launch site shown on the GPS altitude indicator

before flight.14 C.F.R. § 91.151(a): Fuel 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) 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 lea st 30 minutes; or
(2) At night, to fly after that for at least 45 minutes.” 14 C.F.R. § 91.151(a).

The batteries used in DLS sUASs provide between 18 and 30 minutes of powered flight. Without an
exemption from 14 C.F.R. § 91.151, the s UAS flights would not be possible. Given the limitations on its
proposed operations and the location of those proposed operations, a longer duration for flight in daylight

VFR conditions is reasonable.

DLS believes that an exemption from 14 C.F.R. § 91.151(a) is safe and cons istent with the scope of a prior

exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with
91.151(a)). Operating the rotorcraft, a small UAS, without 30 minutes of reserve fuel does not engender the
type of ris ks that Section 91.151(a) was meant to prevent. The fact that the rotorcraft carries neither a pilot,
passenger, nor cargo enhances the reduced risk to overall safety. In the unlikely event that the rotorcraft
should run out of battery, it would land per i ts autopilot instructions before the batteries are completely
depleted. Given its weight and construction material, the risks are significantly less than contemplated by the

current regulation.

DLS believes that an equivalent level of safety can be achiev ed by maintaining 25% battery life as being the
equivalent of minimum fuel, this would be more than adequate to return the UAS to its planned landing zone
from anywhere in its planned operating area.

Similar exemptions have been granted to others, 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 the cabin or cockpit entrance so
that it is legible to passengers or crew.

The s UAS u tilized by DLS weigh between 5lbs to no more than 5 0 lbs fully loaded and are operated without an
onboard pilot. As such, there is no ability to carry certification and registration documents or to display them

on the sUAS.An equivalent level of safety will be achieved by keeping these documents a t the ground control point where
the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.
The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions

includes Ex emption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 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 a s prescribed
in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this
section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight
manual and operating handbook as referenced in the DJI Phantom 3, Ins pire 1 and S900/1000+A2 documents

included

. An equivalent level of safety will be achieved because these small UASs are very limited in size and
will carry a small payload and operate only in restricted areas fo r limited periods of time. If mechanical issues

arise the UAS can land immediately as it will be operating from no higher than 400 feet AGL. As provided in

the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform
required maintenance, and keep a log of any maintenance performed.

Federal Register Summary

Pursuant to 14 C.F.R. § Part 11 , the following summary is provided for publication in the Federal Register,

should the FAA determin e that publication is needed:

Docket No: FAA

- 2 007

- 0001

Petitione r: David L Slack Aerial Photogra phy

U.S. Department of Transpo rtation

Ma y 16 th

, 2015

Applicant see ks 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); 1.109; 91.119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.40 9 (a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (50 lbs or less) for the purpose of

aerial data collection AND in motion picture, television, and commercial videography operations.

Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety by
reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low
altitudes in close proximity t o people and structures and present the risks associated with vehicles that weigh
in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopter)
Such aircraft must fly to and from the film location. In cont rast, a battery powered sUAS weighing fewer than
55 lbs. eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on

board.The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or cre w and, therefore,
will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will
provide an equivalent level of safety supporting the grant of the exemptions requested herein, including
exempting the applicant from the requirements of Part 21 and allowing commercial operations. These
lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result,
are far safer than conventional operations conducted with turbine helicopters operating in close proximity to
the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent a nd
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.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, o perating
capabilities, proximity to airports and populated areas and operation with in VLOS and national security.

Provided in the above documentation is adequate justification for the grant of the requested exemptions
allowing commercial operation of appl icant’s UAS for the purpose of various aerial data collection AND in the
motion picture and television industry pursuant to the manual appended hereto.

Sincerely,

David L Slack