Page 1 of 10 February 4 , 2016 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations To Whom It May

Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, **I 3 Productions** , hereb y applies for an exemption from Federal Aviation Regulations (FARs) identified bel ow, to allow commercial operations of small
- unmanned aerial s ys tems (sUAS). I 3 Productions is a production company specializ ing in management, promotion, and photograph y . This exemption will help us expand business through safe fl ying practices. Both partners in there spare time are active in Texas Search & Rescue so this exemption will also help us to implement (sUAS) on our search missions, which is way more cost effective than helicopters. This will certainly be a huge benefit for the community
. The exemption is based upon information outlined in this document by I3 Productions , manufacturers manuals and guides, and an y other requirements established by the FAA pursuant to Section 333 of the Reform Act. The exemption would permit commercial operatio n by I 3 Productions , which uses Yuneec T yphoon Q500 4k, Yuneec Ty phoon H, Yuneec H920, DJ I Phantom, DJIInspire 1, DJISpreading wings S
- 1000, and the DJ I Matrice 100. The purpose of the exemption is to conduct search & rescue (emergency response), news g athering, data collection, wildlife survey s, inspections, precision agriculture & conservation, mapping, real estate, commercial videos, closed set filming, and an y other related entities/activities that can utilize the safe and efficient operation of sUAS aircraft.
**I 3 Productions**  will operate under controlled visual flight rules (VFR) conditions at low altitude in airspace that is permitted in accordance with the approved certificate of authorization (COA). All pilots of sUASs will meet all standards set forth by the FAA.
**Table of Contents** I. Exemptions RequestedPage 2 of 10

II. Commercial Operation/Operator III. Unmanned Aircraft Sy stem (UAS) IV
. UAS Pilot
- in
- Command (PI C) V. Public Interest VI
. Summary VII. List of Attachments VIII. Conclusion I. Exemptions Requested Pursuant to 14 C.F.R. § 11.81(e), **I 3 Productions**  requests exemption from the following regulations:

 **14 C.F.R. Part 21 Subpart H**

**– Airworthiness**  **Certificates o Establishes:**  The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) Given the small size of the UA and the safeguards that will be taken as outline below, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS.”

 **14 C.F.R. § 45.23(b)** 

**– Aircraft Marking and Identification Requirements** 

o 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 ce rtificated 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," "restricted," "light
- sport, "experimental," or "provisional," as applicable. **I 3 Productions**  will ensure compliance with § 45.29(f) to meet the intent of the regulation b y displaying the registration number in the largest practicable lettering.

 **14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61. 101** 

**– Recreational,**  **Private and Commercial Pilot Privilege and Limitations o 14 C.F.R. § 61.113:**  (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraf t 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 connecti on with any business or employ

mentPage 3 of 10 **o 14 C.F.R. § 61.133:** (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accord ance with this part and with the applicable parts of this chapter that apply to the operation.
o **14 C.F.R. § 61.101:** (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:  For compensation or hire;  In further ance of a business; UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot certificate of an y category or class and a valid driver’s license.

 **14 C.F.R. 91.7(a)**

**– Civil Aircraft Airworthiness**  o No person may

operate a civil aircraft unless it is in an airworth y condition. The PI C will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immedi ately upon identification of an in
- flight emergency

or other unsafe condition. By compl yi ng with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements**  o (b)(2) prohibits operation of U.S.
- registered civil aircraft 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. By ke eping all operating documents, manuals, authorizations and exemptions in a binder co - located with the GCS, **I 3 Productions**  meet the intent of the regulations and therefore achieve an equivalent level of safety.

 **14 C.F.R. 91.109(a)**

**– Flight Instruction**  o No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The majority

of sUAS by design are developed with single operational control through the use of pre
- determined GPS enabled way points programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PI C. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency . An equal level of safety will be achieved b y conducting all training in sterile environments. Training sessions will be accomplished separatel y from flight s conducted for compensation or hire.

 **14 C.F.R. 91.119 (c)**

**– Minimum Safe Altitudes** Page 4 of 10

o Except when necessary for takeoff or landing, no person may operate an aircraft b elow the following altitudes: (b) Over any congested area of a cit y, town, or settlement, or over an y open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. 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. (d) Helicopters, powered parachutes, and weight
- shift
- control aircraft. If the operation is conduct ed without hazard to persons or propert y on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes spec ificall y prescribed for helicopters b y the FAA. Commercial UAS operations will be conducted at or below the maximum altitude authorized by

COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will b e conducted with a greater level of safety than exists with current manned aviation operations.

 **14 C.F.R. 91.121**

**– Altimeter Settings**  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... SUAS are equipped with Global Positioning System (GPS), which provide altitude and geolocation data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GP S are precise within a few feet and combined with fail
- safes and a visual observer the operation will meet an equivalent level of safety.

 **14 C.F.R. 91.151(a)**

**– Fuel Requirements for Flight in VFR Conditions**  o No person may

begin a flight in an airplane un der 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 fl y after that for at least 30 minutes; This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority of sUAS which have flight times of only fort y five minutes or less, this regulation would effective ly deny the ability of the air vehicle to operate. The PI C will achieve an equivalent level of safety by compl yi ng with all manufacturer guidelines and the manufacturer’s low battery failsafe s ys tem.

 **1 4**  **C .**  **F .**  **R .**  **9 1**  **. 2**  **1 5**  **( b**  **)**

**– ATC Transponder and Altitude**  **Reporting Equipment and**  **USE** o All airspace. Unless otherwise authorized or directed b y ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) ofPage 5 of 10 this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability , repl yi ng to Mode 3/A interrogations with the code specified b y ATC, or a Mode S capability , replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mod e S interrogations in accordance with the applicable provisions specified in TSO C
- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically

replies to Mode C interrogations by transmitting pressure altitude information in 100
- foot increments. This requirement applies

— (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, sec tion 1 of this part from the surface upward to 10,000 feet MSL ; (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originall y certificated with an engine
- driven electrical sy stem or which has not subsequently

been certified with such a s ys tem installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside an y Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL ; and (5) All aircraft except any aircraft which was not originall y certificated with an engine
- driven electrical sy stem or which has not subsequently been certified wi th such a s ys tem installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL , excluding the airspace at and below 2,500 feet above the surface; and (ii) In the airspace from the surface to 10,000 feet MSLwithin a 10
- nautical
- mile radius of an y airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that ai rport. The sUAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the sUAS, which can be installed. The petitioner requests relief from the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part.Page 6 of 10

The PI C will achieve an equivalent level of safety by compl yi ng with all provisions of the COA under which operations are to be conducted. By issuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. In order to give proper notice to the ATO, the PIC will comply with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply with all altitude limits and airport standoff distances required b y COA, which mitigate hazards to aircraft controlled by the ATO in congested airspace. **1 4**  **C .**  **F .**  **R .**  **9 1**  **. 4**  **0 5(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)** 

**– Maintenance**  **Inspections o 91.405(a) States:**  Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as 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 **o 91.407(a)(1) States** : (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 service b y a person authorized under § 43.7 of this chapter **o 91.409(a)(2) States** : (a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the precedi ng 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate 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. **o 91.417(a) & (b) States** : (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: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods pr escribed: (paragraphs 1

– 3) The PI C will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PI C will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested an d lead to an equivalent level of safet y. **II. Commercial Operator/Operation** Any UA flown under this exemption will be controlled by a certificated PIC. The PI C will hold, at a minimum, a recreational or sport pilot certificate.Page 7 of 10

For each flight **I 3 Productions**  :  Will contact the controlling air traffic organization to issue a NOTAM if applicable  Will conduct a comprehensive worksite inspection and anal ys is, identifying limits of customer property or authorized access areas.  Will conduct preflight pl anning in accordance with Section 91.103 Preflight Action.  Will operate in those areas only with the consent of the landowner or designated representative. Will identify potential obstructions or other hazards to safe operation. Will clear the area of pe rsonnel or by standers that are non
- essential to the operation, maintaining at a minimum, 500 feet away from non
- participating persons.  Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons.  Will at all times yield to manned air traffic.  Will operate within VL OS of both PI C and VO during daylight hours onl y.  Will maintain voice communications with VO and participating persons.  Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.  Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.  Will keep operating documents, manuals, authorizations and exemptions in a binder collocated with the GCS.  Will immediately

terminate flight, in the safest manner possible, when safety to persons or propert y become compromised.  Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any

other limitations granted as part of this exemption. In order to remain at an altitude at or below the attitude prescribed b y the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operation will meet an equiv alent level of safety

to the regulation in which relief is sought. **III. Unmanned Aircraft System I 3**  **Productions** seeks exemption to operate Yuneec Ty phoon Q500 4k, Yuneec Ty phoon H, Yuneec H920, DJ I Phantom, DJIInspire 1, DJ I Spreading wings S
- 1000, an d the DJ I Matrice 100. The UA will be flown via a combination of RC control and tablet GCS. This UA ty

pe is a GPS equipped, multirotor helicopter. A quad
- copter ty pe rotorcraft utilizing four motors. L ithium
- poly mer batteries power the UA. The Yuneec and DJ I UA’s ty pes have several fail
- safes for loss of RC signal, loss of GPS, and low battery

as outlined in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automaticallyPage 8 of 10

engage the land ing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. **I 3**  **Productions** seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safet y of the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS. **IV. UAS Pilot in Command (PIC)** Under part § 61, recreational, sport and private pilots are limited to non
- commercial operations, however **I 3 Productions**  can ensure UA operations will achieve an equivalent level of safet y as current regulation because UA do not carry an y pilots or passen gers. A commercial pilot certificate will not ensure RC piloting ability , as the ps yc homotor skills are different. The inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is r equested from § 61.101 Recreational Pilot Privileges and Limitations. PI Cs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. **V. Public Interest** Given the above stated evidence, procedures, and precautions operating UAS commerciall y for the purposes of conducting search & rescue (emergency response), news gathering, data collection, wildlife survey s, inspections, precision agriculture & conservation, mapping, real estat e, commercial videos, closed set filming, and any other related entities/activities that can utilize the safe and efficient operation of sUAS aircraft will ultimately

be in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously

economicall y feasible for man y firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations. **VI. Summary**Page 9 of 10

Pursuant to Section 333 of PL112
- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, **I 3 Productions**  , hereb y applies for authorization to conduct commercial unmanned aerial s ys tems (UAS) operations for the purposes of aerial photograph y & videography, search & rescue (emergency response), news gathering, data collection, wildlife survey s, inspections, precision agriculture & conservation, mapping, real estate, commercial videos, closed set filming, and any other related entities/activities that can utilize th e safe and efficient operation of sUAS aircraft Rules for which exemption is sought:  14 C.F.R. Part 21 Subpart H  14 C.F.R. § 45.23(b)  14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)  14 C.F.R. § 91.7(a)  14 C.F.R. 91.9(b)  14 C.F.R. § 91.103  14 C.F.R. § 91.109(a)  14 C.F.R. § 91.119  14 C.F.R. § 91.121  14 C.F.R. § 91.151(a)  14 C.F.R. § 91.215(b)  14 C.F.R. § 91.405(a)  14 C.F.R. § 91.407(a)(1)  14 C.F.R. § 91.409(a)(2)  14 C.F.R. § 91.417(a) & (b) **VII. Attachments:** 1. Specific UAV manuals a. Yuneec Ty

hoon Q 500 4k b. Yuneec T yh oon H c. Yuneec Ty

hoon H 920 d. DJIInspire 1 pro e. DJ I Matrix 100
- Developer f. DJ I Phantom g. DJ I Spreading Wings S 1,000 Yuneec T yhoon User Manuals and Quick Start Guide available online @ yuneec.com/support DJIUser Manuals and Quick Start Guide available online @ dji.com **VIII. Conclusion** In meeting the criteria provided in Section 333 of the Reform Act of 2012, considering the size, speed, capabilities, utilization of visual line
- of
- sight, and operating c onstraints around controlled airspace and po pulated areas, **I 3 Productions**  has demonstratedPage 10 of 10

justification for the grant of the requested exemptions to operate sUASs in the defined areas. Approval of this exemption request will allow **I 3 Productions**  to cond uct commercial operations with small
- unmanned aerial sy stems. Due to each of the sUASs size, weight, lack of flammable fuel, and lack of passengers or crew on board, the risk to the general public and property owners are virtually

eliminated. If you have any questions or require an y additional information, please do not hesitate to call. Thanks and good day , I 3 Productions Aaron Jezisek info @ithreeproductions.com